Elections and Elected Bodies (Wales) Act 2024

PART 1 ELECTORAL ADMINISTRATION AND REGISTRATION

CHAPTER 1 CO-ORDINATION OF ELECTORAL ADMINISTRATION

1 Electoral Management Board of Democracy and Boundary Commission Cymru

(1) The Democracy and Boundary Commission Cymru etc. Act 2013 (anaw 4) (“the 2013 Act”) is amended as follows.

(2) After Part 2 insert—

“PART 2A CO-ORDINATION OF ELECTORAL ADMINISTRATION

General functions

20A Electoral administration functions

(1) The Commission has the general function of co-ordinating the administration of Welsh elections and referendums.

(2) The general function in subsection (1) includes—

(a) assisting returning officers, local authorities and other persons in carrying out their functions in relation to Welsh elections and referendums;

(b) promoting best practice in the administration of Welsh elections and referendums by providing information, advice or training (or otherwise).

(3) The Commission may provide information, advice or other assistance to the Welsh Ministers about the administration of Welsh elections and referendums.

(4) In this Part “Welsh elections and referendums” means—

(a) Senedd Cymru elections;

(b) local government elections in Wales;

(c) devolved referendums.

Directions

20B Directions to returning officers

(1) The Commission may give directions in writing to returning officers about the exercise of the officers’ functions in relation to—

(a) Senedd Cymru elections generally,

(b) a particular Senedd Cymru election,

(c) local government elections in Wales generally,

(d) a particular local government election in Wales,

(e) devolved referendums generally, or

(f) a particular devolved referendum.

(2) A direction under subsection (1) may require a returning officer to provide the Commission with information.

(3) A direction under subsection (1) may require a returning officer—

(a) to exercise any discretion the officer has in performing the officer’s functions, or

(b) to exercise the discretion in a particular way.

(4) A returning officer to whom a direction under subsection (1) is given must comply with the direction in so far as it directs the officer—

(a) to exercise any discretion the officer would otherwise have in performing the officer’s functions (or exercise it in a particular way), or

(b) to provide information to the Commission.

(5) A returning officer is not required to comply with a direction under subsection (1)—

(a) if compliance with the direction would be inconsistent with a duty of the officer under any enactment,

(b) in so far as exercise of the officer’s functions subject to the direction relates to a reserved election in a poll combined with a Welsh election or referendum, or

(c) in so far as exercise of the officer’s functions subject to the direction relates to the combination of—

(i) a poll at a reserved election with the poll at a Welsh election or referendum;

(ii) a poll at a Senedd Cymru election with the poll at an ordinary local government election in Wales.

(6) The Commission must publish each direction it gives under subsection (1).

20C Directions to electoral registration officers

(1) The Commission may give directions in writing to electoral registration officers about the exercise of the officers’ functions in relation to—

(a) a particular Senedd Cymru election,

(b) a particular local government election in Wales, or

(c) a particular devolved referendum.

(2) A direction under subsection (1) may require an electoral registration officer—

(a) to exercise any discretion the officer has in performing the officer’s functions, or

(b) to exercise the discretion in a particular way.

(3) A direction under subsection (1) may require an electoral registration officer to provide the Commission with information.

(4) An electoral registration officer to whom a direction under subsection (1) is given must comply with the direction in so far as it directs the officer—

(a) to exercise any discretion the officer would otherwise have in performing the officer’s functions (or exercise it in a particular way), or

(b) to provide information to the Commission.

(5) An electoral registration officer is not required to comply with a direction under subsection (1)—

(a) if it is inconsistent with—

(i) a duty of the officer under any enactment, or

(ii) a direction given under section 52 of the 1983 Act;

(b) in so far as exercise of the officer’s functions relates to a poll in a reserved election combined with a poll in a Welsh election or referendum.

(6) The Commission must publish each direction it gives under subsection (1).

20D Consultation with the Electoral Commission

(1) Before giving a direction under section 20B or 20C, the Commission must consult the Electoral Commission.

(2) The Electoral Commission must give a response in writing to the Commission to the matters on which it is consulted.

The Board

20E Electoral Management Board

(1) The Commission must establish a board to be known as the Electoral Management Board (“the Board”).

(2) The functions of the Commission under the provisions specified in subsection (3) are delegated to the Board and must only be exercised by the Board.

(3) The provisions are—

(a) sections 20A to 20D;

(b) chapter 3 of Part 1 of the Elections and Elected Bodies (Wales) Act 2024 (Welsh elections piloting and reform);

(c) provision specified in regulations made by the Welsh Ministers.

(4) The powers in section 12 may be exercised by the Board or the Commission in relation to the functions delegated by subsection (2).

(5) Subsection (2) does not affect the Commission’s responsibility for exercise of the delegated functions.

20F Board membership

(1) The Board is to consist of—

(a) a member of the Commission to chair the Board who is a former elections officer,

(b) one other member of the Commission, and

(c) members who are elections officers or former elections officers (one of whom is to be the deputy chair of the Board).

(2) The members of the Board are to be appointed by the Commission.

(3) The Commission must appoint at least four members to the Board of the kind described in subsection (1)(c).

(4) The chair is to be chosen by the Commission and the deputy chair is to be chosen by the Board.

(5) Members of the Board who are also members of the Commission are to be appointed on terms and conditions determined by the Welsh Ministers.

(6) The other members of the Board are to be appointed on terms and conditions determined by the Commission after consultation with the Welsh Ministers.

(7) The terms and conditions that may be determined under subsections (5) and (6) include conditions as to remuneration, allowances and expenses.

(8) A person appointed under subsection (1)(c) must not be—

(a) a member of‍ a UK legislature;‍

(b) a member of the staff of‍ the Senedd (within the meaning of the Government of Wales Act 2006 (c. 32));

(c) a person‍ engaged by a member of a UK legislature, under a contract of service or a contract for services, in connection with the carrying out of the member’s functions;

(d) a member of a local authority;

(e) a member of a National Park authority for a National Park in Wales;

(f) a police and crime commissioner for a police area in Wales;

(g) a Commissioner or Assistant Commissioner;

(h) a member of the Commission’s staff;

(i) a person employed in the civil service of the state.

(9) In this section “elections officer” means—

(a) a returning officer, or

(b) an electoral registration officer.

20G Tenure

Members of the Board hold and vacate office in accordance with their terms and conditions of appointment.

20H Board proceedings

(1) The members of the Board must have votes of equal weight to each other for the purpose of the Board’s decisions, but the chair (or deputy chair if the chair is absent) has the casting vote in the event of a tied vote.

(2) The Board may otherwise regulate its own procedure (including quorum).

(3) The validity of anything done by the Board in exercise of the Commission’s functions is not affected by any defect in the appointment of a member.

(4) The chair or deputy chair may (with the agreement of the other members of the Board) invite a person to attend a meeting of the Board for the purpose of providing advice or otherwise assisting the Board.

General

20I Interpretation of this Part

In this Part—

• “the 1983 Act” (“Deddf 1983”) means the Representation of the People Act 1983 (c. 2);

• “devolved referendums”(“refferenda datganoledig”) means referendums held under—

  (a)

  section 27 of the Local Government Act 2000 (c. 22) or by virtue of regulations or an order made under Part 2 of that Act;

  (b)

  section 40 of the 2011 Measure;

  (c)

  any other enactment (whenever passed or made) that would be within the legislative competence of Senedd Cymru if it were in a provision of an Act of the Senedd (whether the provision would require the consent of a Minister of the Crown or not);

• “electoral registration officer” (“swyddog cofrestru etholiadol”) means an officer appointed under section 8(2A) of the 1983 Act or any person who may exercise the functions of the officer;

• “local government elections” (“etholiadau llywodraeth leol”) means the election of—

  (a)

  councillors for an electoral ward of a county or county borough,

  (b)

  councillors for a community ward or, in the case of a community where there are no wards, for the community, or

  (c)

  an elected mayor or elected executive member under regulations made by virtue of section 44 of the Local Government Act 2000 (c. 22);

• “reserved election” (”etholiad a gedwir yn ôl”) means—

  (a)

  an election for membership of the House of Commons;

  (b)

  an election for the office of police and crime commissioner;

• “returning officer” (“swyddog canlyniadau”) means—

  (a)

  a returning officer (however described)—

  (i)

  appointed under section 35(1A) of the 1983 Act,

  (ii)

  designated in accordance with an order made under section 13 of the Government of Wales Act 2006 (c. 32) (“the 2006 Act”), or

  (iii)

  appointed under regulations made by virtue of section 44 or 45 of the Local Government Act 2000 (c. 22);

  (b)

  any person who may exercise the functions of a returning officer falling within paragraph (a).”

2 Minor and consequential amendments

Part 1 of Schedule 1 makes minor and consequential amendments relating to this Chapter.

CHAPTER 2 ELECTORAL REGISTRATION WITHOUT APPLICATIONS

3 Duty to register local government electors

(1) Section 18 (registration of local government electors without application) of the Local Government and Elections (Wales) Act 2021 (asc 1) is omitted.

(2) After section 9 of the Representation of the People Act 1983 (c. 2) (“the 1983 Act”) (registers of electors), insert—

“9ZA Duty to register eligible local government electors in Wales

(1) This section applies to the registration of local government electors for an area in Wales.

(2) The duty in subsection (3) applies if—

(a) a registration officer is aware of a person’s name and address,

(b) the person is not registered in the register of local government electors maintained by the officer, and

(c) the officer is satisfied that the person is entitled to be registered in that register.

(3) The registration officer must notify the person in writing of—

(a) the officer’s duty under subsection (5) to register the person after the end of the notice period,

(b) the exceptions to the duty under subsection (5) in paragraphs (a) to (c) of that subsection,

(c) the person’s right to request exclusion from the edited register of local government electors, if provision is made for an edited register in regulations under section 53,

(d) the person’s right to apply for anonymous registration,

(e) the type of elections in which the person will be entitled to vote following registration under this section, and

(f) the type of elections in which the person will not be entitled to vote following registration under this section unless an application for registration is made.

(4) In this section “the notice period” is the period of‍ 60 days beginning with the day on which the notice under subsection (3) is given.

(5) After the end of the notice period the registration officer must register the person in the register of local government electors, unless—

(a) the person has notified the officer in writing that the person does not wish to be registered,

(b) the officer is no longer satisfied that the person is entitled to be registered in the register of local government electors (whether because of information provided by the person or otherwise), or

(c) the person has notified the officer that the person wishes to make an application for an anonymous entry in the local government register under section 9B in conjunction with an application for registration in that register under section 10ZC or the person has made such an application.

(6) The Welsh Ministers may by regulations make provision about giving notice for the purpose of this section, including (but not limited to) provision—

(a) about the form of the notice;

(b) about how the notice is given;

(c) requiring or authorising the registration officer to give a copy of the notice to a person other than the person to be registered.

(7) The registration officer must keep a separate list of the persons registered under this section.

(8) The power to make regulations under this section is exercisable by statutory instrument.

(9) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of Senedd Cymru.”

4 Provision connected to the duty to register eligible local government electors

(1) The 1983 Act is amended as follows.

(2) In section 9 (registers of electors), after subsection (2) insert—

“(2A) Subject to any other provision of this Act, each register of local government electors for an area in Wales must also contain the names of persons who are registered in accordance with section 9ZA(5) along with the information mentioned in paragraphs (b) and (c) of subsection (2) relating to those persons.”

(3) In section 9E (maintenance of registers: invitations to register in Great Britain), after subsection (1) insert—

“(1A) The duty of a registration officer under subsection (1) does not apply in relation to the registration of a person in a register of local government electors for an area in Wales if—

(a) the registration officer has yet to complete any steps prescribed under section 53 in connection with the duty in section 9ZA(3) as it relates to the person or is otherwise yet to decide whether the duty in section 9ZA applies to the person,

(b) the duty in section 9ZA(3) applies in relation to the person and the notice period under that section has not ended, or

(c) the duty in section 9ZA(5) applies in relation to the person.”

(4) In section 13A(1) (alteration of registers), after paragraph (zb) insert—

“(zc) in the case of a registration officer for a local government area in Wales, is required by section 9ZA(5) to enter a person in the register;”.

(5) In section 13AB(1) (alteration of registers: interim publication dates), in paragraph (a) after “(zb),” insert “(zc),”.

(6) In section 13B(2) (alteration of registers: pending elections), in paragraph (a) after “(zb),” insert “(zc),”.

(7) In section 53 (power to make regulations as to registration etc.), after subsection (8) insert—

“(8A) Provision made by regulations relating to the matters specified in paragraph 1A(1)(aa) of Schedule 2—

(a) may only be made by the Welsh Ministers;

(b) may not include provision that would require the consent of the appropriate Minister under paragraph 8(1)(a) or (c), 10 or 11 of Schedule 7B to the Government of Wales Act 2006 (c. 32) if the provision were included in an Act of Senedd Cymru;

(c) may not include provision that would require consultation of the appropriate Minister under paragraph 11(2) of Schedule 7B to that Act if the provision were included in an Act of Senedd Cymru.”

(8) In section 56(1) (registration appeals: England and Wales), after paragraph (aa) insert—

“(azaa) from any decision of a registration officer for a local government area in Wales to register a person under section 9ZA(5);”.

(9) In Schedule 2 (provisions which may be contained in regulations as to registration etc.)—

(a) in paragraph 1A(1), after paragraph (a) insert—

“(aa) to decide whether a person is eligible to be included in the register for the purpose of section 9ZA,”;

(b) after paragraph 1B insert—

“1C Provision authorising or requiring a registration officer maintaining a register of local government electors for an area in Wales to take specified steps for the purpose of deciding whether a person is eligible to be included in the register for the purpose of section 9ZA.”

(c) in paragraph 10, after sub-paragraph (2) insert—

“(3) This paragraph does not apply to a register of local government electors for an area in Wales.”

(d) in paragraph 10B, after sub-paragraph (3) insert—

“(4) Paragraph (b) of sub-paragraph (1) does not apply to a register of local government electors for an area in Wales.”

CHAPTER 3 WELSH ELECTIONS PILOTING AND REFORM

Welsh election pilots

5 Pilot regulations: powers

(1) The Welsh Ministers may by regulations make Welsh election pilot provision (“pilot regulations”).

(2) Welsh election pilot provision is provision that—

(a) relates to one or more relevant electoral matters,

(b) has effect for a specified period or a specified Welsh election,

(c) applies in relation to an electoral area or two or more electoral areas, and

(d) is either—

(i) not in elections legislation,

(ii) different from provision in elections legislation, or

(iii) connected to provision of the kind specified in sub-paragraph (i) or (ii).

(3) The relevant electoral matters are—

(a) registration of persons eligible to vote in a Welsh election, including (among other things)—

(i) the rights and duties of individuals as regards registration,

(ii) the administration of registration and the register of electors,

(iii) access to and publication of the register of electors,

but it does not include any condition of eligibility for registration provided for in primary legislation;

(b) when, where and how voting at a Welsh election is to take place;

(c) how the votes cast at a Welsh election are to be counted;

(d) communication with voters about a Welsh election;

(e) processes and procedures before, on or after polling in a Welsh election.

(4) Welsh election pilot provision also includes provision made for the purpose of testing how the changes made by‍ sections 3 and 4work in practice—

(a) that has effect for a specified period or a specified Welsh election,

(b) that applies in relation to an electoral area or two or more electoral areas, and

(c) the effect of which corresponds to the effect of the amendments made by‍ sections 3 and 4 (or the subordinate legislation that may be made by virtue of those sections).

(5) Pilot regulations may implement proposals for pilot regulations made under this Act with or without modifications to the proposal.

(6) Pilot regulations may create, remove or modify offences.

(7) Pilot regulations must not create an offence that is punishable (or modify an offence so that it becomes punishable)—

(a) on conviction on indictment, with imprisonment for a term exceeding one year;

(b) on summary conviction, with imprisonment for a term exceeding the applicable limit for a summary offence or an either way offence (as the case may be) under section 224(1A) of the Sentencing Code (as it has effect from time to time).

(8) In this section—

• “electoral area” (“ardal etholiadol”) means—

  (a)

  in relation to the return of a member of Senedd Cymru, a Senedd constituency;

  (b)

  in relation to a local government election, the area of a council to which the election applies or any part of its area;

• “elections legislation” (“deddfwriaeth etholiadau”) means an enactment (whenever passed or made) that applies in relation to—

  (a)

  a Welsh election, or

  (b)

  registration of persons eligible to vote in a Welsh election;

• “primary legislation”(“deddfwriaeth sylfaenol”) means provision contained in an Act of Senedd Cymru or an Act of the Parliament of the United Kingdom;

• “specified” (“penodedig” ac “a bennir”) means specified in pilot regulations;

• “Welsh election” (“etholiad Cymreig”) means an election for the return of a member of—

  (a)

  Senedd Cymru;

  (b)

  the council of a county or county borough in Wales;

  (c)

  the council of a community in Wales.

6 Pilot regulations: requirements

(1) Pilot regulations must specify—

(a) the objective of the pilot for which they make provision;

(b) the day before which the Electoral Commission must send its report under section 17.

(2) Pilot regulations must not make provision applying to the area of a principal council (or any part of it) unless—

(a) the principal council consents, or

(b) if the council does not consent, the Welsh Ministers have had regard to any recommendations made by the Democracy and Boundary Commission Cymru on whether the regulations should be made without the principal council’s consent.

(3) Subsection (2) does not apply to pilot regulations that only contain provision of the kind specified in section 5(4) if they are made before the end of the period of 12 months beginning with the day on which this Act receives Royal Assent.

(4) Pilot regulations must not modify section 9D of the 1983 Act (annual canvass) or any other provision relating to a canvass under that section unless the regulations implement a proposal (with or without modification) from a registration officer under section 11.

(5) Before making any pilot regulations under section 5 which relate to electoral registration without application, the Welsh Ministers must undertake consultation with such stakeholders as they consider appropriate, but in particular, with those that they deem to represent vulnerable groups.

7 Pilot regulations: procedure

(1) The power to make pilot regulations is exercisable by statutory instrument.

(2) When a statutory instrument or a draft statutory instrument containing pilot regulations is laid before Senedd Cymru for the purposes of this section, the Welsh Ministers must also lay before the Senedd a copy of the report on the regulations prepared by the Democracy and Boundary Commission Cymru under section 14.

(3) If a statutory instrument or a draft statutory instrument containing pilot regulations laid before Senedd Cymru makes provision applying to the area of a principal council (or any part of it) to which the council has not given its consent, the Welsh Ministers must also lay a statement before the Senedd explaining why they consider the provision should be made without the council’s consent.

(4) A statutory instrument to which this subsection applies may not be made unless a draft of the instrument has been laid before and approved by a resolution of Senedd Cymru.

(5) Subsection (4) applies to a statutory instrument containing pilot regulations that make provision—

(a) applying to the area of a principal council (or any part of it) and the council has not given its consent,

(b) for a Welsh election pilot falling within section 5(4), or

(c) creating, or widening the scope of, a criminal offence.

(6) A statutory instrument containing pilot regulations to which subsection (5) does not apply is subject to annulment in pursuance of a resolution of Senedd Cymru.‍‍

Proposals for pilots

8 Proposals for pilots made by the Welsh Ministers

(1) Before making pilot regulations that have not been the subject of a proposal under sections 9 to 11, the Welsh Ministers must consult each returning officer for an area to which the regulations will apply about their proposals for the pilot to be provided for in the regulations.

(2) After consulting in accordance with subsection (1) and before making pilot regulations relating to any relevant electoral matter, the Welsh Ministers must—

(a) submit proposals for the pilot to be provided for in regulations to the Democracy and Boundary Commission Cymru, and

(b) have regard to the Commission’s report on the proposals under section 14.

(3) This section does not apply to pilot regulations that only contain provision of the kind specified in section 5(4) if they are made before the end of the period of 12 months beginning with the day on which this Act receives Royal Assent.

9 Proposals for pilots made by principal councils

(1) A principal council may propose to the Welsh Ministers that pilot regulations are made in relation to any relevant electoral matter in so far as it relates to local government elections.

(2) Before making a proposal under subsection (1), the principal council must consult the Welsh Ministers.

(3) After consulting in accordance with subsection (2) and before making a proposal under subsection (1), the principal council must—

(a) submit the proposal for the pilot to be provided for in regulations to the Democracy and Boundary Commission Cymru, and

(b) have regard to the Commission’s report on the proposal under section 14.

(4) If a principal council makes a proposal under subsection (1), it must send a copy of the Democracy and Boundary Commission Cymru report on the proposals under section 14 to the Welsh Ministers.

10 Proposals for pilots made jointly by the Electoral Commission and principal councils

(1) The Electoral Commission and one or more principal councils (“relevant councils”) may, acting jointly, propose to the Welsh Ministers that pilot regulations are made in relation to any relevant electoral matter in so far as it relates to local government elections.

(2) Before making a proposal under subsection (1), the Electoral Commission and each relevant council acting jointly must consult the Welsh Ministers.

(3) After consulting in accordance with subsection (2) and before making a proposal under subsection (1), the Electoral Commission and each relevant council acting jointly must—

(a) submit the proposal for the pilot to be provided for in regulations to the Democracy and Boundary Commission Cymru, and

(b) have regard to the Commission’s report on the proposal under section 14.

(4) If the Electoral Commission and each relevant council acting jointly makes a proposal under subsection (1), they must send a copy of the Democracy and Boundary Commission Cymru report on the proposal under section 14 to the Welsh Ministers.

11 Proposals for pilots made by electoral registration officers

(1) An electoral registration officer may propose to the Welsh Ministers that pilot regulations are made in relation to ascertaining—

(a) the names and addresses of persons who are not registered in a register but who are entitled to be registered;

(b) those persons who are registered in a register but who are not entitled to be registered.

(2) Before making a proposal under subsection (1), an electoral registration officer must consult the Welsh Ministers.

(3) After consulting in accordance with subsection (2) and before making a proposal under subsection (1), the electoral registration officer must—

(a) submit the proposal for the pilot to be provided for in regulations to the Democracy and Boundary Commission Cymru, and

(b) have regard to the Commission’s report on the proposal under section 14.

(4) If an electoral registration officer makes a proposal under subsection (1), the officer must send a copy of the Democracy and Boundary Commission Cymru report on the proposal under section 14 to the Welsh Ministers.

12 Joint proposals for pilots

(1) A person who may make a proposal under any of sections 9 to 11 may make the proposal jointly with one or more other persons making a proposal under any of those sections.

(2) Any duty to consult a person with whom the person makes a joint proposal does not apply.

(3) If the joint proposal relates to matters that the person does not have the power to propose, the person may still make the proposal in so far as the person does have the power to do so.

13 Electoral Commission recommendations

The Electoral Commission may recommend proposals for pilot regulations to a person that may make a proposal under any of sections 9 to 11.

Evaluation of pilot proposals

14 Evaluation of pilot proposals

(1) When proposals for pilot regulations are submitted to the Democracy and Boundary Commission Cymru under sections 8 to 11, the Commission must prepare a report on the proposals.

(2) The report must contain an assessment of—

(a) whether the objective of the proposed pilot is desirable;

(b) the likely costs and feasibility of the proposed pilot.

(3) In making its assessment for the purposes of the report, the Democracy and Boundary Commission Cymru must have regard to any relevant factors specified in regulations made by the Welsh Ministers.

(4) The report may contain recommendations on any matter the Democracy and Boundary Commission Cymru considers relevant to the proposed pilot.

(5) A public authority that submits proposals to the Democracy and Boundary Commission Cymru under any of sections 8 to 11 must give the Commission such assistance as the Commission may reasonably require in connection with the preparation of the report.

(6) The Democracy and Boundary Commission Cymru must send its report to the person who submitted the proposal before the end of a period of 6 weeks beginning with the day it receives the proposals.

(7) The Welsh Ministers must publish a report sent to them under this section or sections 9 to 11 when they make the pilot regulations.

(8) The power to make regulations in subsection (3) is exercisable by statutory instrument.

(9) A statutory instrument containing regulations under subsection (3) is subject to annulment in pursuance of a resolution of Senedd Cymru.

15 Welsh election pilot forums

(1) This section applies if—

(a) the Democracy and Boundary Commission Cymru has prepared a report on one or more proposals for pilot regulations under section 14,

(b) the proposals are for—

(i) a pilot in the area of more than one principal council, or

(ii) different pilots in the areas of different principal councils to take place at the same Senedd Cymru general election or the same ordinary elections of councillors, and

(c) the Commission considers it likely that the pilot or pilots will take place.

(2) The Democracy and Boundary Commission Cymru must establish a forum for discussion of issues relating to the pilot or pilots with a view to providing persons implementing the pilot or pilots with information and advice.

(3) A forum established under subsection (2) must include—

(a) the returning officers of each principal council participating in the pilot or pilots;

(b) representation of electoral administrators from each principal council participating in the pilot or pilots;

(c) one or more members of the Democracy and Boundary Commission Cymru with relevant experience.

(4) The Democracy and Boundary Commission Cymru may invite any person they consider appropriate to participate in a forum.

Guidance on pilots

16 Guidance on pilots

(1) In relation to each instrument containing pilot regulations, the Democracy and Boundary Commission Cymru must give guidance in writing to persons responsible for implementing the regulations.

(2) The guidance must include advice on—

(a) the arrangements needed for the pilot;

(b) the staff training required for the pilot;

(c) running the pilot in accordance with the pilot regulations.

(3) The guidance may include information or advice on any other matter the Democracy and Boundary Commission Cymru considers relevant to the pilot.

(4) The Welsh Ministers may by regulations specify further matters that the Democracy and Boundary Commission Cymru must include in the guidance.

(5) The power to make regulations in subsection (4) is exercisable by statutory instrument.

(6) A statutory instrument containing regulations under subsection (4) is subject to annulment in pursuance of a resolution of Senedd Cymru.

Evaluation of pilots

17 Evaluation of pilot regulations

(1) The Electoral Commission must prepare a report on the operation of the pilot regulations before the day specified under section 6(1)(b).

(2) The report must contain, in particular—

(a) a description of—

(i) the way in which the provision made by the pilot regulations differed from the provisions which would otherwise have applied, or

(ii) in the case of pilot regulations containing provision of the kind specified in section 5(4), the provisions being tested;

(b) a copy of the pilot regulations;

(c) an assessment of the success or otherwise of the pilot regulations in achieving the objective specified in the pilot regulations;

(d) an assessment of whether provision similar to that made by the pilot regulations should apply generally, and on a permanent basis, in relation to Welsh elections or any type of Welsh election.

(3) The principal council for any area or part of an area to which pilot regulations apply must give the Commission such assistance as the Commission may reasonably require in connection with the preparation of the report.

(4) The assistance may include—

(a) making arrangements for ascertaining the views of electors about the operation of the provisions of the pilot regulations;

(b) reporting to the Commission allegations of electoral offences or other malpractice.

(5) The Commission must send a copy of the report to—

(a) the Welsh Ministers,

(b) each returning officer for the election to which the pilot regulations applied, unless the report only relates to proposals made under section 11, and

(c) if the report relates to proposals made under section 11, each electoral registration officer for an area to which the pilot regulations applied,

before the day specified in the pilot regulations.

(6) A returning officer who receives a report under subsection (5) must publish the report before the end of the period of one month beginning with the day the officer receives the report from the Commission, unless the report only relates to proposals made under section 11.

(7) An electoral registration officer who receives a report under subsection (5) must publish the report before the end of the period of one month beginning with the day the officer receives the report from the Commission.

Reform following pilots

18 Electoral reform regulations

(1) The power in subsection (3) applies if—

(a) the Welsh Ministers consider, in the light of a report made under section 17 on the operation of pilot regulations, that it would be desirable to achieve the reform outcome in subsection (2) (“the reform outcome”), and

(b) the Electoral Commission recommends making regulations under this section to achieve the reform outcome.

(2) The reform outcome is for provision similar to that made by the pilot regulations to apply generally, and on a permanent basis, in relation to Welsh elections or any type of Welsh election.

(3) The Welsh Ministers may by regulations make provision for or in connection with relevant electoral matters to achieve the reform outcome (“electoral reform regulations”).

(4) Nothing in this section affects the other powers of the Welsh Ministers to make provision for or in connection with relevant electoral matters to achieve the reform outcome.

(5) Electoral reform regulations may create, remove or modify offences.

(6) Electoral reform regulations must not create an offence that is punishable (or modify an offence so that it becomes punishable)—

(a) on conviction on indictment, with imprisonment for a term exceeding one year;

(b) on summary conviction, with imprisonment for a term exceeding the applicable limit for a summary offence or an either way offence (as the case may be) under section 224(1A) of the Sentencing Code (as it has effect from time to time).

(7) Electoral reform regulations may confer, remove or modify power to make subordinate legislation.

(8) If electoral reform regulations create a power to make subordinate legislation, the regulations must provide—

(a) that the subordinate legislation is to be made by statutory instrument, and

(b) that the instrument may not be made unless a draft of it has been laid before and approved by a resolution of Senedd Cymru.

19 Electoral reform regulations: procedure

(1) The power to make electoral reform regulations is exercisable by statutory instrument.

(2) When a statutory instrument or a draft statutory instrument containing electoral reform regulations is laid before Senedd Cymru for the purposes of this section, the Welsh Ministers must also lay before the Senedd a copy of the report on the regulations prepared by the Electoral Commission under section 17.

(3) A statutory instrument to which this subsection applies may not be made unless a draft of the instrument has been laid before and approved by a resolution of Senedd Cymru.

(4) Subsection (3) applies to a statutory instrument containing electoral reform regulations that make provision—

(a) modifying primary legislation,

(b) creating, or widening the scope of, a criminal offence, or

(c) creating or amending a power to legislate.

(5) Any other statutory instrument containing electoral reform regulations is subject to annulment in pursuance of a resolution of Senedd Cymru, unless a draft of the instrument has been laid before, and approved by a resolution of, the Senedd.

(6) Subsection (7) applies if the Welsh Ministers are of the opinion that the appropriate procedure for a statutory instrument containing electoral reform regulations is for it to be subject to annulment in pursuance of a resolution of Senedd Cymru.

(7) The Welsh Ministers may not make the instrument so that it is subject to that procedure unless—

(a) condition 1 is met, and

(b) either condition 2 or 3 is met.

(8) Condition 1 is that the Welsh Ministers—

(a) have made a statement in writing to the effect that in their opinion the instrument should be subject to annulment in pursuance of a resolution of Senedd Cymru, and

(b) have laid before the Senedd—

(i) a draft of the instrument, and

(ii) a memorandum setting out the statement and the reasons for the Welsh Ministers’ opinion.

(9) Condition 2 is that a committee of Senedd Cymru charged with doing so has made a recommendation as to the appropriate procedure for the instrument.

(10) Condition 3 is that the period of 14 days beginning with the first day after the day on which the draft instrument was laid before Senedd Cymru as mentioned in subsection (8) has ended without any recommendation being made as mentioned in subsection (9).

(11) Nothing in this section prevents the Welsh Ministers from deciding at any time before a statutory instrument to which subsection (5) applies is made that another procedure should apply to the instrument.

(12) If after the expiry of the 40-day period the draft regulations laid under this section are approved by a resolution of Senedd Cymru, the Welsh Ministers may make regulations in the terms of the draft regulations, subject to subsection (13).

(13) The procedure in subsections (14) to (19) applies to the draft regulations instead of the procedure in subsection (12) if—

(a) either Senedd Cymru so resolves within the 30-day period, or

(b) a committee of Senedd Cymru charged with reporting on the draft regulations so recommends within the 30-day period and Senedd Cymru does not by resolution reject the recommendation within that period.

(14) The Welsh Ministers must have regard to—

(a) any representations,

(b) any resolution of Senedd Cymru, and

(c) any recommendations of a committee of Senedd Cymru charged with reporting on the draft regulations,

made during the 60-day period with regard to the draft regulations.

(15) If after the expiry of the 60-day period the Welsh Ministers wish to proceed with the draft regulations without material changes where material changes are recommended by a committee of Senedd Cymru charged with reporting on the draft regulations—

(a) the Welsh Ministers must lay before Senedd Cymru a statement explaining their reasons for not accepting the committee’s recommendations (whether wholly or partly), and

(b) if the draft regulations are subsequently approved by a resolution of Senedd Cymru, the Welsh Ministers may make regulations in the terms of the draft regulations.

(16) If after the expiry of the 60-day period the Welsh Ministers wish to proceed with the draft regulations without material changes where no material changes are recommended by a committee of Senedd Cymru charged with reporting on the draft regulations and the draft regulations are approved by a resolution of Senedd Cymru, the Welsh Ministers may make regulations in the terms of the draft regulations.

(17) If after the expiry of the 60-day period the Welsh Ministers wish to proceed with the draft regulations but with material changes, the Welsh Ministers must lay before Senedd Cymru—

(a) revised draft regulations, and

(b) a statement giving a summary of the changes proposed and, if subsection (18) applies, explaining the Welsh Ministers’ reasons for not accepting (whether wholly or partly) recommendations of a committee of Senedd Cymru charged with reporting on the draft regulations.

(18) This subsection applies if—

(a) the material changes in the revised draft regulations are materially different from changes recommended by the committee, or

(b) the revised draft regulations do not contain material changes recommended by the committee.

(19) If the revised draft regulations are approved by a resolution of Senedd Cymru, the Welsh Ministers may make regulations in the terms of the revised draft regulations.

(20) For the purposes of this section regulations are made in the terms of draft regulations or revised draft regulations if they contain no material changes to their provisions.

(21) In this section references to the “30-day”, “40-day” and “60-day” periods in relation to any draft regulations are to the periods of 30, 40 and 60 days beginning with the day on which the draft regulations were laid before Senedd Cymru.

(22) For the purposes of subsections (10) and (21) no account is to be taken of any time during which Senedd Cymru is dissolved or is in recess for more than 4 days.

(23) Section 6(1) of the Statutory Instruments Act 1946 (c. 36) as applied by section 11A of that Act (alternative procedure for certain instruments laid in draft before Senedd Cymru) does not apply in relation to any statutory instrument to which this section applies.

General

20 Publication

(1) Where this Chapter imposes a duty to publish anything, it must be published—

(a) electronically, and

(b) in such other manner as the person subject to the duty considers appropriate.

(2) The duty to publish electronically is—

(a) a duty to provide access free of charge, and

(b) a duty to publish on the person’s own website, if the person has one.

(3) Copies of anything published under subsection (1) may be supplied free of charge or on payment of such fee, not exceeding the cost of supplying the copy, as the person subject to the duty to publish may determine.

21 Regulations: ancillary provision

Pilot regulations and electoral reform regulations may—

(a) make consequential, supplementary, incidental, transitional or saving provision;

(b) modify any enactment (whenever passed or made);

(c) make different provision for different purposes or different areas.

22 Interpretation of this Chapter

In this Chapter—

• “electoral registration officer” (“swyddog cofrestru etholiadol”) means an officer appointed under section 8(2A) of the 1983 Act;

• “modify” (“addasu”) includes repeal, revoke and amend;

• “pilot regulations” (“rheoliadau peilot”) means regulations made under section 5;

• “electoral reform regulations” (“rheoliadau diwygio etholiadol”) means regulations made under section 18;

• “returning officer” (“swyddog canlyniadau”) means a returning officer (however described)—

  (a)

  appointed under section 35(1A) of the 1983 Act,

  (b)

  designated in accordance with an order made under section 13 of the Government of Wales Act 2006 (c. 32), or

  (c)

  appointed under regulations made by virtue of section 44 or 45 of the Local Government Act 2000 (c. 22);

• “relevant electoral matter” (“mater etholiadol perthnasol”) has the meaning given by section 5.

23 Consequential amendments

Part 2 of Schedule 1 makes consequential amendments relating to this Chapter.

CHAPTER 4 ACCESSIBILITY AND DIVERSITY: WELSH ELECTIONS

Reports on assistance for disabled voters

24 Reports by the Electoral Commission

(1) The Political Parties, Elections and Referendums Act 2000 (c. 41) (“the 2000 Act”) is amended as follows.

(2) After section 5, insert—

“5A Further provision about reports on Welsh elections

(1) After an ordinary election of councillors for counties and county boroughs in Wales or communities in Wales, the Electoral Commission must prepare and publish (in such manner as the Commission may determine) a report on the administration of the election.

(2) Subsection (3) applies to—

(a) a report under section 5 relating to a Senedd Cymru general election;

(b) a report under subsection (1).

(3) The report must include a description of the steps taken by returning officers to assist persons with disabilities that would otherwise adversely affect their right to vote at the election.

(4) In subsection (3)—

• “disability”, in relation to doing a thing, includes a short term inability to do it;

• “returning officer”—

  (a)

  in the case of a Senedd Cymru general election, means a returning officer (however described) designated in accordance with an order made under section 13 of the Government of Wales Act 2006 (c. 32);

  (b)

  in the case of an ordinary election of councillors for local government areas, means an officer who is appointed under section 35(1A) of the Representation of the People Act 1983 (c. 2).”

(3) Until the coming into force of sections 8 (Senedd general elections) and 9 (vacant seats) of the Senedd Cymru (Members and Elections) Act 2024 (asc 4), section 5A(3) of the 2000 Act also applies to a report under section 5 of that Act relating to an election held under section 10 of the Government of Wales Act 2006 (c. 32) (election for Senedd Cymru in the case of a constituency vacancy).

Candidate survey: local government elections

25 Survey of councillors and unsuccessful candidates in local elections

(1) The Local Government (Wales) Measure 2011 (nawm 4) is amended as follows.

(2) In section 1 (duty to conduct a survey)—

(a) in subsection (1), for “regulations” substitute “a direction”;

(b) for subsection (3) substitute—

“(3) The Welsh Ministers may give a direction to local authorities that—

(a) specifies the questions that must be asked in a survey;

(b) specifies requirements about—

(i) the form of the survey;

(ii) how the survey is to be conducted;

(iii) the collation of information from the survey.”;

(c) in subsection (3A), for “answer the prescribed questions” substitute “respond to the survey”;

(d) after subsection (3A), insert—

“(3B) A local authority may include questions in a survey, or arrange for the inclusion of questions in a survey, in addition to the questions required by a direction of the Welsh Ministers under this section.”;

(e) in subsection (4), for “prescribed” substitute “specified in a direction”.

(3) In section 2 (completion of a survey and publication of information), in subsection (2), for “any prescribed form or manner” substitute “in such form or manner as the Welsh Ministers may direct”.

(4) After section 3 (guidance about surveys), insert—

“3A Publication of directions about surveys

The Welsh Ministers must publish any direction given under section 1(3) or 2(2).”

Welsh elections information platform

26 Welsh elections information platform

(1) The Welsh Ministers must by regulations provide for the establishment and operation of a Welsh elections information platform.

(2) A Welsh elections information platform is an electronic facility (such as a website, part of a website or a software application) to provide electors with up-to-date information, or access to up-to-date information from other electronic sources, about specified elections.

(3) For the purpose of subsection (2), regulations under subsection (1)—

(a) must specify—

(i) elections to Senedd Cymru;

(ii) ordinary elections to principal councils in Wales;

(b) may specify other local government elections in Wales.

(4) Regulations under subsection (1) may (among other things) make provision—

(a) conferring functions on persons or categories of person specified in the regulations;

(b) about the publication of information on the platform, including—

(i) the publication of candidate statements and other information about candidates and registered political parties;

(ii) information about accessibility arrangements that are in place at polling stations;

(c) conferring exemption from civil and criminal liability in connection with the publication of candidate statements and other‍ information about candidates and registered political parties;

(d) making the information on the platform available other than by electronic means.

(5) Regulations under subsection (1) must require—

(a) a report to be published about the exercise of functions conferred by the regulations—

(i) in the case of functions exercised in respect of Senedd Cymru elections, before the end of a period of 12 months beginning with the day of the poll for that election;

(ii) in the case of functions exercised in respect of ordinary elections of principal councils, before the end of a period of 12 months beginning with the day of the poll for those elections;

(b) the reports to be laid before Senedd Cymru.

(6) The power to make regulations under this section is exercisable by statutory instrument.

(7) A statutory instrument containing provision in regulations of the kind described in subsection (4)(c) may not be made unless a draft of the instrument has been laid before and approved by a resolution of Senedd Cymru.

(8) A statutory instrument containing any other provision in regulations under this section is subject to annulment in pursuance of a resolution of Senedd Cymru.

(9) In this section—

• “local government elections” (“etholiadau llywodraeth leol”) means elections of—

  (a)

  councillors for an electoral ward of a county or county borough,

  (b)

  councillors for a community ward or, in the case of a community where there are no wards, for the community, or

  (c)

  an elected mayor or elected executive member under regulations made by virtue of section 44 of the Local Government Act 2000 (c. 22);

• “specified” (“penodedig” ac “a bennir”) means specified in regulations under subsection (1).

Diversity in persons seeking elected office

27 Services to promote diversity in persons seeking elected office

(1) The Welsh Ministers must make arrangements for the provision of services to promote diversity in the protected characteristics and socio-economic circumstances of persons seeking to be elected as members of Senedd Cymru and the councils of counties, county boroughs and communities in Wales.

(2) The Welsh Ministers must, in discharging their duty under subsection (1), have regard to—

(a) whether there are groups of persons with the same protected characteristics that are under-represented in the membership of Senedd Cymru or the councils of counties, county boroughs and communities in Wales;

(b) the desirability of reducing the inequalities of outcome that result from socio-economic disadvantage;

(c) the desirability of services being available to persons regardless of their membership (or otherwise) of a registered political party.

(3) The question of whether a group is under-represented in the membership of a body must be considered, for the purposes of subsection (2)(a), by reference to the population served by the body.

(4) Subsection (1) does not require the provision of services in respect of every under-represented group that may be identified for the purposes of subsection (2)(a).

(5) The services that may be provided under subsection (1) are the provision of—

(a) information;

(b) advice;

(c) training;

(d) coaching and mentoring;

(e) work experience;

(f) equipment;

(g) assistance with tasks.

(6) The arrangements under subsection (1) must ensure that the Welsh Ministers do not make decisions in particular cases as to whether an individual is to receive a service under the arrangements.

(7) The arrangements under subsection (1) may include (among other things)—

(a) the provision of financial assistance to individuals who may benefit from services for the purpose of the individuals buying the services themselves;

(b) the provision of financial assistance to persons who provide services;

(c) financial assistance schemes for which provision is made by regulations under section 28.

(8) The Welsh Ministers may by regulations—

(a) add further services to subsection (5);

(b) amend services added under paragraph (a);

(c) remove services added under paragraph (a).

(9) The power to make regulations in subsection (8) is exercisable by statutory instrument.

(10) A statutory instrument containing regulations under subsection (8) may not be made unless a draft of the instrument has been laid before and approved by a resolution of Senedd Cymru.

(11) In this section “protected characteristics” has the meaning given by section 4 of the Equality Act 2010 (c. 15).

(12) Nothing in this section limits any other power of the Welsh Ministers.

28 Financial assistance schemes to promote diversity in persons seeking elected office

(1) The Welsh Ministers may by regulations provide for schemes of financial assistance (of any specified kind) to help candidates in a Welsh election having specified characteristics or specified circumstances overcome barriers to their participation in the election connected to those characteristics or circumstances.

(2) The Welsh Ministers must by regulations provide for a scheme of financial assistance (of any specified kind) to help disabled candidates in a Welsh election overcome barriers to their participation in the election connected to their disability.

(3) The regulations under subsection (2) may provide that only specified kinds of disabled candidate may be given financial assistance under the scheme.

(4) Before making regulations under subsection (1) or (2) the Welsh Ministers must consult such persons as they consider appropriate.

(5) The Welsh Ministers may make payments to a person operating a scheme established by regulations under this section, subject to terms and conditions determined by the Welsh Ministers, for the purpose of funding—

(a) financial assistance made under the scheme, and

(b) the costs of operating the scheme.

(6) Regulations under this section must appoint or provide for the appointment of a person to operate the scheme for which they provide.‍

(7) The scheme must not be operated by excluded persons (see section 29).

(8) Regulations under this section may—

(a) confer functions (including functions involving the exercise of a discretion) on a person;

(b) provide for the delegation of a person’s functions under the scheme—

(i) to the person’s staff;

(ii) where the person is a body, to members or a committee of the body;

(c) require a person on whom functions are conferred to keep, and make available for inspection, accounts and other records;

(d) require the person operating the scheme to publish specified information about financial assistance given in accordance with the scheme.

(9) Regulations under this section may not impose a duty to publish information where its publication would (taking the duty into account) contravene the data protection legislation (within the meaning of the Data Protection Act 2018 (c. 12)).

(10) Regulations under this section may include provision under which—

(a) financial assistance is given subject to conditions specified by, or in accordance with, the scheme;

(b) financial assistance is required to be repaid in circumstances specified by, or in accordance with, the scheme.

(11) The power to make regulations under this section is exercisable by statutory instrument.

(12) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of Senedd Cymru.

(13) In this section—

• “disabled” (“anabl”), in relation to a person, means having a physical, mental, intellectual or sensory impairment (including a temporary impairment) that, in interaction with any barrier, may hinder the person’s full and effective participation in society on an equal basis with others;

• “specified” (“penodedig” ac “a bennir”) means specified in regulations made under this section.

(14) Nothing in this section limits any other power of the Welsh Ministers.

29 Excluded persons

The excluded persons for the purposes of section 28 are—

(a) a member of the Welsh Government;‍

(b) a United Kingdom government department;

(c) a‍ person employed in the civil service of the state;

(d) a member of the House of Commons;

(e) a member of the House of Lords;

(f) a Member of the Senedd;

(g) the Senedd Commission;

(h) a member of the staff of the Senedd (within the meaning of the Government of Wales Act 2006 (c. 32));

(i) the council of a county, county borough or community in Wales;

(j) a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1);

(k) a National Park authority for a National Park in Wales;

(l) a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21), or a scheme to which section 4 of that Act applies;

(m) a police and crime commissioner;

(n) a company in respect of which a person mentioned in paragraphs (a) to (m) (or two or more of those persons together)—

(i) wholly owns the company,

(ii) owns a simple majority of shares in the company, or

(iii) owns more shares in the company than any other shareholder;

(o) a member of a body mentioned in paragraphs (i) to‍ (l);

(p) a member of the staff of a person mentioned in paragraphs‍ (i) to (m);

(q) a registered political party.

30 Guidance for political parties to promote diversity in persons seeking elected office

(1) The Welsh Ministers must issue guidance for registered political parties about—

(a) collecting, collating and publishing diversity information about candidates representing registered political parties at elections for the return of members of Senedd Cymru;

(b) developing, publishing, implementing and reviewing strategies for—

(i) promoting diversity in the specified characteristics and specified circumstances of candidates representing registered political parties at Welsh elections, and

(ii) helping candidates representing registered political parties at Welsh elections overcome barriers to their participation in the elections connected to having those characteristics or circumstances.

(2) The Welsh Ministers—

(a) must publish guidance under this section;

(b) must publish the first guidance under this section before 1 May 2025;

(c) must review published guidance from time to time, having regard to the cycle of ordinary general elections for membership of Senedd Cymru and, in relation to guidance under subsection (1)(b), the cycle of ordinary elections for membership of the councils of counties, county boroughs and communities in Wales and elected mayors;

(d) may revise published guidance at any time.

(3) In this section—

• “diversity information” (“gwybodaeth am amrywiaeth”) means specified information relating to a person’s personal characteristics or personal circumstances;

• “elected mayor” (“maer etholedig”) means an elected mayor of a council of a county or county borough in Wales;

• “specified” (“penodedig”) means specified in guidance under this section;

• “Welsh election” (“etholiad Cymreig”) means an election for the return of—

  (a)

  a member of Senedd Cymru;

  (b)

  a member of the council of a county or county borough in Wales;

  (c)

  a member of the council of a community in Wales;

  (d)

  an elected mayor.

General

31 Interpretation of this Chapter

In this Chapter—

• “financial assistance” (“cymorth ariannol”) means grants, loans or guarantees;

• “registered political party” (”plaid wleidyddol gofrestredig”) means a party registered under Part 2 of the 2000 Act.

CHAPTER 5 CAMPAIGN FINANCE

Expenditure in respect of local government elections

32 Notional expenditure: candidates in local government elections

In section 90C(1A) of the 1983 Act (making use of property etc. on behalf of a candidate), omit “or Wales”.

Expenditure in respect of Senedd Cymru elections

33 Notional and third party expenditure: Senedd Cymru elections

(1) The 2000 Act is amended as follows.

(2) In section 73(1A) (notional campaign expenditure: use of property etc. on behalf of registered party)—

(a) after “paragraph 3,” insert “6,”;

(b) after “parliamentary general elections” insert “, ordinary or extraordinary general elections to Senedd Cymru,”.

(3) In section 86(1A) (notional controlled expenditure: use of property etc. on behalf of third party)—

(a) after “paragraph 3,” insert “6,”;

(b) after “parliamentary general elections” insert “, ordinary or extraordinary general elections to Senedd Cymru,”.

(4) In section 94(8A) (limits on controlled expenditure: use of property etc. on behalf of third party)—

(a) after “paragraph 3,” insert “6,”;

(b) after “parliamentary general elections” insert “, ordinary or extraordinary general elections to Senedd Cymru,”.

(5) In Schedule 8A (controlled expenditure: qualifying expenses), in paragraph 3(11)—

(a) after “paragraph 3,” insert “6,”;

(b) after “parliamentary general elections” insert “, ordinary or extraordinary general elections to Senedd Cymru,”.

34 Codes of practice on expenses

(1) In paragraph 14A of Schedule 4A to the 1983 Act (election expenses: Electoral Commission guidance)—

(a) in sub-paragraph (1), after paragraph (b) insert—

“(c) guidance relating to the application of Part 2 of this Act in relation to expenses incurred for the purposes of a candidate’s election (whether or not election expenses).”;

(b) in sub-paragraph (7)(b), after “order” insert “made by statutory instrument”.

(2) In section 156 of the 2000 Act (orders and regulations)—

(a) in subsection (1) after “State” insert “or the Welsh Ministers”;

(b) in subsection (2)—

(i) the words from “a statutory instrument” to the end become paragraph (a);

(ii) after “Parliament” insert—

“(b) a statutory instrument containing any order or regulations made under this Act by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of Senedd Cymru.”;

(c) in subsection (3), in paragraph (aa), omit “, other than an order of the Welsh Ministers”;

(d) in subsection (4), after “Parliament” insert “(in the case of an order made by the Secretary of State) or (in the case of an order made by the Welsh Ministers) a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, Senedd Cymru”;

(e) in subsection (4A) after “Parliament” insert “(in the case of an order made by the Secretary of State) or (in the case of an order made by the Welsh Ministers) a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, Senedd Cymru”;

(f) in subsection (5)—

(i) in the opening words, after “State” insert “, the Welsh Ministers,”;

(ii) in paragraph (a), after “State” insert “, the Welsh Ministers,”.

35 Authorised persons not required to pay through election agent

In section 73(5) of the 1983 Act (payment of expenses through election agent), in paragraph (ca), omit “, otherwise than in relation to an election in Wales under the local government Act,”.

36 Restriction on which third parties may incur controlled expenditure

(1) The 2000 Act is amended as follows.

(2) After section 89A insert—

“89B Restriction on which third parties may incur controlled expenditure: Senedd Cymru elections

(1) No amount of controlled expenditure may be incurred by or on behalf of a third party during a Welsh devolved regulated period unless the third party falls within any paragraph of section 88(2) (third parties eligible to give notification).

(2) Subsection (1) does not apply to any expenses incurred by or on behalf of a third party during a Welsh devolved regulated period which do not in total exceed £700.

(3) Subsections (4) and (5) apply where expenses are incurred by or on behalf of a third party in contravention of subsection (1).

(4) If the third party is not an individual—

(a) any person who authorised the expenses to be incurred by or on behalf of the third party is guilty of an offence if the person knew or ought reasonably to have known that the expenses would be incurred in contravention of subsection (1), and

(b) the third party is also guilty of an offence.

(5) If the third party is an individual, the individual is guilty of an offence if they knew or ought reasonably to have known that the expenses would be incurred in contravention of subsection (1).

(6) A “Welsh devolved regulated period means a period in relation to which any limit is imposed by paragraph 6 of Schedule 10 (periods involving general elections to Senedd Cymru).”

(3) In Schedule 20 (penalties), at the appropriate place in the table insert—

“Section 89B(4) and (5) (incurring controlled expenditure in contravention of section 89AA(1))	On summary conviction in England and Wales: fine
	On indictment: fine”.

37 Third parties capable of giving notification

(1) The 2000 Act is amended as follows.

(2) In section 88 (third parties recognised for the purposes of Part 6), after subsection (10) insert—

“(11) The Welsh Ministers may by order amend subsection (2), as it applies for the purposes of a period in relation to which any limit is imposed by paragraph 6 of Schedule 10 (periods involving general elections to Senedd Cymru), by—

(a) adding a description of third party to the list in that subsection,

(b) removing a description of third party from that list, or

(c) varying the description of a third party in that list.

(12) An order under subsection (11)(b) or (c) may be made only where the order gives effect to a recommendation of the Commission.”

(3) In section 156 (orders and regulations), in subsection (4), after paragraph (de) insert—

“(df) section 88(11),”.

38 Code of practice on controls relating to third parties

(1) The 2000 Act is amended as follows.

(2) In section 100A (code of practice on controlled expenditure)—

(a) after subsection (1) insert—

“(1A) The Commission must prepare a code of practice about the operation of this Part in relation to a Welsh devolved regulated period.”;

(b) in subsection (2), for “The code” substitute “A code”;

(c) in subsection (3), for “the code” substitute “a code”;

(d) in subsection (4), for “the code” substitute “a code”;

(e) after subsection (5) insert—

“(5A) It is a defence for a third party charged with an offence under any provision of this Part, where the offence relates to expenditure incurred or treated as incurred by a third party during a Welsh devolved regulated period to show—

(a) that the code, in the form for the time being issued under section 100C, was complied with by the third party in determining whether the expenditure is controlled expenditure for the purposes of this Part, and

(b) that the offence would not have been committed on the basis of the controlled expenditure as determined in accordance with the code.”;

(f) after subsection (6) insert—

“(6A) In this section “Welsh devolved regulated period means a period in relation to which any limit is imposed by paragraph 6 of Schedule 10 (regulated period for general elections to Senedd Cymru).”;

(g) in subsection (7), after “revised code” insert “under subsection (1)”;

(h) after subsection (7) insert—

“(8) Section 100C sets out consultation and procedural requirements relating to the code or any revised code under subsection (1A).”

(3) In section 100B (code of practice: consultation and procedural requirements), in subsection (1), after “100A” insert “(1)”.

(4) After section 100B insert—

“100C Code of Practice: consultation and procedural requirements on controlled expenditure in Senedd Cymru elections

(1) The Commission must consult the following on a draft of a code under section 100A(1A)—‍

(a) Senedd Cymru (“the Senedd”);

(b) such other persons as the Commission consider appropriate.

(2) After the Commission have carried out the consultation required by subsection (1), the Commission must—

(a) make whatever modifications to the draft code the Commission consider necessary in light of responses to the consultation, and

(b) submit the draft to the Welsh Ministers for approval by the Welsh Ministers.

(3) The Welsh Ministers may approve a draft code either without modifications or with such modifications as the Welsh Ministers may determine.

(4) Once the Welsh Ministers have approved a draft code, they must lay a copy of the draft before‍ the Senedd, whether—

(a) in its original form, or

(b) in a form which incorporates any modifications determined under subsection (3).

(5) If the draft code incorporates modifications, the Welsh Ministers must at the same time lay before the Senedd a statement of their reasons for making them.

(6) If, within the 40-day period, the Senedd resolves not to approve the draft code, the Welsh Ministers must take no further steps in relation to it.

(7) Subsection (6) does not prevent a new draft code from being laid before the Senedd.

(8) If no resolution of the kind mentioned in subsection (6) is made within the 40-day period—

(a) the Welsh Ministers must issue the code in the form of the draft laid before the Senedd,

(b) the code comes into force on the date appointed by the Welsh Ministers by order, and

(c) the Commission must arrange for the code to be published in such manner as the Commission consider appropriate.

(9) References in this section (other than in subsection (1)) to a code or draft code include a revised code or draft revised code.

(10) In this section “the 40-day period”, in relation to a draft code, means the period of 40 days beginning with the day on which the draft is laid before the Senedd, no account being taken of any period during which the Senedd is dissolved or is in recess for more than four days.”

(5) In section 156 (orders and regulations), in subsection (3), after paragraph (za) insert—

“(zb) an order under section 100C(8);”.

(6) In Schedule 8A (controlled expenditure: qualifying expenses), in paragraph 3(11) for “and 100B” substitute “, 100B and 100C”.

General

39 Minor and consequential amendments

Part 3 of Schedule 1 makes minor and consequential amendments relating to this Chapter.