Senedd Cymru (Members and Elections) Act 2024

Prospective

PART 1 E+W THE SENEDD AND WELSH MINISTERS

1 Number of Members of the Senedd and Senedd constituencies E+W

In section 1 (the Senedd) of the Government of Wales Act 2006 (c. 32) (“the 2006 Act”), for subsection (2) substitute—

“(2) There are—

(a) 16 Senedd constituencies, and

(b) six seats for each constituency, and

the Senedd is to consist of the members for those constituencies.”

Commencement Information

I1 S. 1 in force at 24.8.2024, see s. 25(2)(a)

2 Senedd constituencies E+W

(1) For section 2 (Senedd constituencies and electoral regions) of the 2006 Act substitute—

“2 Senedd constituencies

(1) The Senedd constituencies are the constituencies specified in regulations under section 49J of the Democracy and Boundary Commission Cymru etc. Act 2013 (anaw 4).

(2) Until the first set of regulations made under‍‍ that section takes effect, the reference in subsection (1) above to regulations under that section is to be read as a reference to regulations under paragraph 9 of Schedule 2 to the Senedd Cymru (Members and Elections) Act 2024 (asc 4).”

(2) In section 13 of the Parliamentary Voting System and Constituencies Act 2011 (c. 1) (constituencies and electoral regions)—

(a) omit subsection (1);

(b) omit subsection (2)(a).

Commencement Information

I2 S. 2 in force at 24.8.2024, see s. 25(2)(a)

3 Frequency of ordinary general elections E+W

(1) In section 3(1) (ordinary general elections) of the 2006 Act, for “fifth” substitute “fourth”.

(2) In the Wales Act 2014 (c. 29), omit section 1 (frequency of ordinary general elections).

Commencement Information

I3 S. 3 comes into force in accordance with s. 25(3)

4 Additional Deputy Presiding Officer E+W

(1) In section 25 (Presiding Officer etc.) of the 2006 Act—

(a) in subsection (1)(b), for “(referred to in this Act as “the Deputy Presiding Officer”)” substitute “(see subsection (1B)(a))”;

(b) after subsection (1), insert—

“(1A) The Senedd may at any time elect one additional deputy presiding officer from among the Members of the Senedd (but there may be no more than one additional deputy presiding officer at any time).

(1B) In this Act, “Deputy Presiding Officer” means, unless the context requires otherwise—

(a) the person elected under paragraph (b) of subsection (1);

(b) a person elected under subsection (1A),

but in section 23(4)(b) “Deputy Presiding Officer means only the person elected under paragraph (b) of subsection (1).”;

(c) in subsection (2), for “is to be known as the Deputy Presiding Officer”, substitute “and a person elected under subsection (1A) are each to be known as Deputy Presiding Officer”;

(d) for subsection (4), substitute—

“(4) A Deputy Presiding Officer holds office until the Senedd is dissolved; but the standing orders may make provision for a Deputy Presiding Officer elected under subsection (1A) to hold office for a shorter time.”;

(e) in subsection (5), for “Deputy Presiding Officer” substitute “a Deputy Presiding Officer”;

(f) in subsection (6)—

(i) after “the Deputy Presiding Officer” insert “elected under paragraph (b) of subsection (1)”;

(ii) after “Members of the Senedd” insert “(and references in this section to a person elected under paragraph (a) or (b) of subsection (1) include a reference to a person elected under this subsection)”;

(g) in subsection (7), after “the Deputy Presiding Officer” insert “elected under paragraph (b) of subsection (1)”;

(h) after subsection (7), insert—

“(7A) Subject to subsection (9), a Deputy Presiding Officer elected under subsection (1A) must not belong to—

(a) the same political group as either the Presiding Officer or Deputy Presiding Officer elected under paragraph (b) of subsection (1), or

(b) where the Presiding Officer and the Deputy Presiding Officer elected under paragraph (b) of subsection (1) both belong to political groups without an executive role, a political group without an executive role.”;

(i) in subsection (9), for “subsection (7) is not to apply” substitute “one or both of subsections (7) and (7A) are not to apply”;

(j) in subsection (10), for “the Deputy Presiding Officer” substitute “a Deputy Presiding Officer”;

(k) in subsection (11), for “the Deputy Presiding Officer” substitute “a Deputy Presiding Officer”;

(l) in subsection (12), for paragraph (b), substitute—

“(b) the office of Deputy Presiding Officer is vacant or, for any reason, no Deputy Presiding Officer is able to act.”;

(m) in subsection (13), for “Deputy Presiding Officer” substitute “a Deputy Presiding Officer”.

(2) In section 20(3)(b) (remuneration of Members of the Senedd) of the 2006 Act, for “Deputy Presiding Officer” substitute “a Deputy Presiding Officer”.

(3) In section 41 (proceedings by or against the Senedd) of the 2006 Act—

(a) in subsection (2)(a), for “Deputy Presiding Officer”, substitute “a Deputy Presiding Officer”;

(b) in subsection (4)(b), for “Deputy Presiding Officer” substitute “a Deputy Presiding Officer”.

(4) In section 159 (index of defined expressions) of the 2006 Act, omit the entry for “the Deputy Presiding Officer”.

(5) In paragraph 16A(6) of Schedule 1 (chairing of the Llywydd’s Committee) to the Political Parties, Elections and Referendums Act 2000 (c. 41), for “the Deputy Presiding Officer” substitute “a Deputy Presiding Officer”.

(6) In section 28(2) (delegation of functions) of the Public Audit (Wales) Act 2013 (anaw 3), for “the Deputy Presiding Officer” substitute “a Deputy Presiding Officer”.

Commencement Information

I4 S. 4 comes into force in accordance with s. 25(4)

5 Increase in maximum number of Welsh Ministers E+W

In section 51 (limit on number of Ministers) of the 2006 Act—

(a) in subsection (1), for “twelve” substitute “17”;

(b) after subsection (2) insert—

“(3) The Welsh Ministers may by regulations amend subsection (1) to increase the maximum number of holders of a relevant Welsh Ministerial office—

(a) from 17 to 18 or 19;

(b) from 18 to 19.

(4) The power in subsection (3) may not be used to lower the maximum number (including by revoking regulations made under that subsection).

(5) A statutory instrument containing regulations under subsection (3) may not be made unless‍—

(a) a draft of the instrument has been laid before‍ the Senedd, and

(b) the number of Members of the Senedd voting in favour of a resolution of the Senedd approving the draft is at least two-thirds of the total number of Senedd seats.”

Commencement Information

I5 S. 5 comes into force in accordance with s. 25(4)

6 Disqualification from being a Member of the Senedd or a candidate E+W

In Part 1 of Schedule 1A (disqualification) to the 2006 Act, after paragraph 7 insert—

“Persons not registered in electoral register at an address in Wales

8 A person who is not registered in the register of local government electors at an address within a Senedd constituency.”

Commencement Information

I6 S. 6 in force at 24.8.2024, see s. 25(2)(a)

7 Review of possible job-sharing of offices relating to the Senedd E+W

(1) The Presiding Officer must table a motion that complies with subsection (2)—

(a) as soon as practicable after the first meeting of the Senedd following the first general election held after‍ 7 November 2025, and

(b) in any event, no later than six months after the first meeting of the Senedd following that election.

(2) The motion must propose that—

(a) the Senedd establish a committee for the purpose of carrying out a review of the extent to which—

(i) persons should be able to jointly hold any relevant office;

(ii) a person should be able to temporarily hold a relevant office while the person appointed or elected to that office is unavailable, and

(b) the committee prepare a report on the review, setting out its recommendations.

(3) In subsection (2)(a), “relevant office” means the office of—

(a) Member of the Senedd;

(b) Presiding Officer;

(c) Deputy Presiding Officer;

(d) member of the Senedd Commission (appointed in accordance with section 27 of the 2006 Act);

(e) First Minister;

(f) Welsh Minister (appointed under section 48 of the 2006 Act);

(g) Deputy Welsh Minister (appointed under section 50 of the 2006 Act);

(h) Counsel General.

(4) Subsection (5) applies if, following a review‍ of any of the matters mentioned in subsection (2)(a) by a committee established pursuant to a motion tabled in accordance with subsection (1), a report on the review is laid before the Senedd by the committee.

(5) If this subsection applies, the Welsh Ministers must lay before the Senedd a statement that—

(a) sets out the Welsh Ministers’ response to the report mentioned in subsection (4), and

(b) sets out what steps, if any, the Welsh Ministers intend to take in relation to any recommendations in the report.

Commencement Information

I7 S. 7 in force at 24.8.2024, see s. 25(2)(a)