Explanatory Notes

Elections and Elected Bodies (Wales) Act 2024

5

9 September 2024

General Overview of the Act

2.The Act is divided into 3 Parts containing 73 sections and a Schedule of minor and consequential amendments to other legislation.

Part 1 - Electoral Administration and Registration

3.Part 1 contains provisions about electoral administration and electoral registration in respect of Senedd Cymru elections and local government elections in Wales and is divided into 5 chapters.

4.Chapter 1 is about the co-ordination of electoral administration for Senedd Cymru elections, local government elections in Wales and devolved referendums. The Chapter confers new functions on the Democracy and Boundary Commission Cymru (“the Commission”) and requires the Commission to establish an Electoral Management Board (“the Board”) to discharge the functions.

5.Chapter 2 places a duty on electoral registration officers in Wales to register persons as local government electors without an application being made for registration if they are satisfied that the persons are entitled to be registered. Registration as a local government elector entitles a person to vote in Senedd Cymru elections as well as local government elections. The Chapter also provides for procedure by which electoral registration officers give people notice of their intention to register them as local government electors and it makes provision for the circumstances in which the duty to register does not apply.

6.Chapter 3 provides the Welsh Ministers with power by regulation to authorise piloting of reforms to the law relating to Senedd Cymru elections and local elections in Wales. The Chapter makes provision for public authorities with functions relating to electoral administration to make proposals to the Welsh Ministers for electoral pilots, provision for evaluation of proposals for pilots and for the evaluation of the pilots and gives the Welsh Ministers power by regulations to make permanent changes to the law following pilots.

7.Chapter 4 contains provision about accessibility and diversity matters relating to Senedd Cymru elections and local government elections in Wales. It includes provision—

8.Chapter 5 makes provision about the regulation of expenses incurred in election campaigns in Senedd Cymru elections and local government elections in Wales, including provision—

Part 2 - Elected Bodies and their Members

9.Part 2 of the Act makes provision about reviews of the boundaries and electoral arrangements of local authorities, the remuneration of members of local authorities, disqualification from membership of Senedd Cymru and local authorities and the offence of undue influence. The Part is divided into 4 chapters.

10.Chapter 1 amends Part 3 of the Democracy and Boundary Commission Cymru etc. Act 2013 (hereafter referred to as “the 2013 Act”), which makes provision about reviews of the boundaries and electoral arrangements of the councils of counties, county boroughs and communities in Wales. The chapter—

11.Chapter 2 abolishes the Independent Remuneration Panel for Wales and confers its functions on the Commission.

12.Chapter 3 contains provisions for disqualification for being a Member of the Senedd and a community councillor, and for the offence of undue influence. It also contains provisions which prevent a person holding a politically restricted post under a community council, corporate joint committee, or a local authority in Great Britain from becoming or remaining a member of a community council.

13.Chapter 4 makes changes to the 2013 Act relating to who may not be members, chief executive or assistant commissioner of the Commission. It also contains provision for a governance and audit committee of the Commission and confers power on the Commission to charge for goods and services it provides.

Part 3 - General Provision

14.Part 3 contains provisions that apply to the Act generally, including, a general interpretation provision, power for the Welsh Ministers to make consequential and transitional provision by regulations and provision about the coming into force of the Act.