Elections and Elected Bodies (Wales) Act 2024

(introduced by sections 2, 22, 39 and 59)

SCHEDULE 1 MINOR AND CONSEQUENTIAL AMENDMENTS

PART 1 AMENDMENTS RELATING TO CO-ORDINATION OF ELECTORAL ARRANGEMENTS

Democracy and Boundary Commission Cymru etc. Act 2013 (anaw 4)

1 (1) The 2013 Act is amended as follows—

(2) In section 1 (overview), after subsection (2), insert—

“(2A) Part 2A confers electoral administration functions on the Commission and requires the functions to be exercised by a board established by the Commission called the Electoral Management Board.”

(3) In section 14 (directions)—

(a) for subsection (1) substitute—

“(1A) The Welsh Ministers may give a direction to the Commission in relation to the exercise of the Commission’s functions under any enactment, except in relation to the exercise of functions under—

(a) Part 2A (co-ordination of electoral administration);

(b) Part 3A (functions relating to Senedd constituency boundary reviews).

(1B) The Commission must comply with a direction given to it by the Welsh Ministers under this Act.

(1C) The Welsh Ministers must publish each direction they give to the Commission or a principal council under this Act.”;

(b) omit subsection (3).

(4) In section 71 (orders and regulations), in subsection (2)—

(a) in paragraph (b), after “preserved county”, omit “or”;

(b) after paragraph (b), insert—

“(ba) regulations under section 20E(3)(c),”.

(5) In section 72 (interpretation), for the definition of “enactment” substitute—

• ““enactment” means any of the following or a provision of any of the following—

  (a)

  an Act or Measure of Senedd Cymru;

  (b)

  an Act of the Parliament of the United Kingdom;

  (c)

  any subordinate legislation.”

(6) In Schedule 3 (index of defined expressions), in Table 2, at the appropriate places, insert the following entries—

“1983 Act (Deddf 1983)

section 20I”

“Devolved referendums (Refferenda datganoledig)

section 20I”

“Electoral registration officer (Swyddog cofrestru etholiadol)

section 20I”

“Local government elections (Etholiadau llywodraeth leol)

section 20I”

“Reserved election (Etholiad a gedwir yn ôl)

section 20I”

“Returning officer (Swyddog canlyniadau)

section 20I”

“Welsh elections and referendums (Etholiadau a refferenda Cymreig)

section 20A(4)”

Senedd Cymru (Members and Elections) Act 2024 (asc 4)

2 In paragraph 2 of Schedule 3 to the Senedd Cymru (Members and Elections) Act 2024 (new Part 3A of the 2013 Act), omit sub-paragraph (4).

PART 2 AMENDMENTS RELATING TO WELSH ELECTIONS PILOTING AND REFORM

Representation of the People Act 2000 (c. 2)

3 (1) The Representation of the People Act 2000 is amended as follows.

(2) In section 10(11) (pilot schemes for local elections in England and Wales)—

(a) in paragraph (a) for “as respects” substitute “the following authorities in”;

(b) omit paragraph (b).

(3) In section 11 (revision of procedures in light of pilot schemes)—

(a) in subsection (1), in paragraph (a), omit “and Wales”;

(b) in subsection (2), in paragraph (b), omit “and Wales”;

(c) omit subsection (6A).

Electoral Administration Act 2006 (c. 22)

4 (1) The Electoral Administration Act 2006 is amended as follows.

(2) In section 32(9) (photographs on ballot papers: piloting), omit paragraph (b).

(3) In section 34(1)(b) (revision of electoral provisions in the light of pilot schemes), omit “and Wales”.

Electoral Registration and Administration Act 2013 (c. 6)

5 (1) The Electoral Registration and Administration Act 2013 is amended as follows.

(2) In section 7 (power to amend or abolish the annual canvass), after subsection (2) insert—

“(2A) But the power in subsection (2) does not include the power to modify any provision or abolish the duty in section 9D so far as the provision or duty applies in relation to a register of local government electors maintained by a registration officer in Wales.”

(3) In section 10 (piloting registration provisions), after subsection (1) insert—

“(1A) But an order under subsection (1) may not make provision for the purpose of testing how the changes made by any registration provision work in relation to a register of local government electors maintained by a registration officer in Wales.”

(4) In section 12 (interpretation of Part 1), in the definition of “register”, after “Great Britain” insert “other than a register of local government electors maintained by a registration officer in Wales”.

PART 3 AMENDMENTS RELATING TO CAMPAIGN FINANCE

Political Parties, Elections and Referendums Act 2000 (c. 41)

6 (1) The 2000 Act is amended as follows.

(2) In section 5 (reports on elections, referendums etc.)—

(a) in subsection (2)(d), for “National Assembly for Wales” substitute “Senedd Cymru”;

(b) in subsection (2A)(c) for “the National Assembly for Wales” substitute “Senedd Cymru”.

(3) In section 7(2)(f) (Commission to be consulted on changes to electoral law), for “the National Assembly for Wales” substitute “Senedd Cymru”.

(4) In section 8(3)(b) (powers with respect to elections exercisable only on Commission recommendation), for “the National Assembly for Wales” substitute “Senedd Cymru”.

(5) In section 10(6) (giving of advice and assistance)—

(a) in paragraph (c), for “the National Assembly for Wales” substitute “Senedd Cymru”;

(b) in paragraph (ca), for “National Assembly for Wales” substitute “Senedd”.

(6) In section 22(5)(d) (parties to be registered in order to field candidates at elections), for “the National Assembly for Wales” substitute “Senedd Cymru”.

(7) In section 67(2)(b)(iii) (weekly donation reports in connection with elections other than general elections), for “the National Assembly for Wales” substitute “Senedd Cymru”.

(8) In section 160(4)(c) (general interpretation) for “National Assembly for Wales” substitute “Senedd“.

(9) In Schedule 7 (control of donations to individuals and members associations), in paragraph 1(8)(d) for “National Assembly for Wales” substitute “Senedd”.

(10) In Schedule 9 (limits on campaign expenditure)—

(a) in paragraph 1(1), in paragraphs (c) and (ca), for “the National Assembly for Wales” substitute “Senedd Cymru”;

(b) in the italic heading before paragraph 6, for “the National Assembly for Wales” substitute “Senedd Cymru”;

(c) in paragraph 6(1), for “the National Assembly for Wales” substitute “Senedd Cymru”;

(d) in paragraph 6(5), for “Secretary of State” substitute “Presiding Officer”.

(11) In Schedule 10 (limits on controlled expenditure)—

(a) in paragraph 1(1), in paragraphs (c) and (ca), for “the National Assembly for Wales” substitute “Senedd Cymru”;

(b) in the italic heading before paragraph 6, for “the National Assembly for Wales” substitute “Senedd Cymru”;

(c) in paragraph 6(1), for “the National Assembly for Wales” substitute “Senedd Cymru”;

(d) in paragraph 6(5), for “Secretary of State” substitute “Presiding Officer”.

PART 4 AMENDMENTS RELATING TO REMUNERATION OF PUBLIC AUTHORITY MEMBERS

Local Government Act 1972 (c. 70)

7 (1) The Local Government Act 1972 is amended as follows.

(2) In section 112(2A) (appointment of staff), omit “and in relation to a local authority in Wales, section 143A of the Local Government (Wales) Measure 2011 (functions of the Independent Remuneration Panel in relation to remuneration of chief executives)”.

(3) In section 246(16) (allowances to charter trustees), for “Part 8 of the Local Government (Democracy) Wales Measure 2011” substitute “Part 5A of the Democracy and Boundary Commission Cymru etc. Act 2013”.

(4) In section 249(4)(b) (allowance not payable to honorary aldermen) for “Part 8 of the Local Government (Wales) Measure 2011” substitute “Part 5A of the Democracy and Boundary Commission Cymru etc. Act 2013”.

Local Government and Housing Act 1989 (c. 42)

8 In section 18(3A)(b) of the Local Government and Housing Act 1989 (power to make regulations on gratuities and payments relating to relevant matters), for “Part 8 of the Local Government (Wales) Measure 2011” substitute “Part 5A of the Democracy and Boundary Commission Cymru etc. Act 2013”.

School Standards and Framework Act 1998 (c. 31)

9 (1) The School Standards and Framework Act 1998 is amended as follows.

(2) In section 94(5C) (power to apply payments and pensions provisions to admission appeal panel members), for “Part 8 of the Local Government (Wales) Measure 2011” substitute “Part 5A of the Democracy and Boundary Commission Cymru etc. Act 2013”.

(3) In section 95(3B) (power to apply payments and pensions provisions to appeal panel members), for “Part 8 of the Local Government (Wales) Measure 2011” substitute “Part 5A of the Democracy and Boundary Commission Cymru etc. Act 2013”.

Freedom of Information Act 2000 (c. 36)

10 In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general), omit “The Independent Remuneration Panel for Wales.”.

Education Act 2002 (c. 32)

11 In section 52(6) of the Education Act 2002 (power to apply payments and pensions provisions to panels dealing with pupil exclusion), for “Part 8 of the Local Government (Wales) Measure 2011” substitute “Part 5A of the Democracy and Boundary Commission Cymru etc. Act 2013”.

Government of Wales Act 2006 (c. 32)

12 In Schedule 1A to the Government of Wales Act 2006 (disqualification), in the table, omit “Independent Remuneration Panel for Wales or Panel Annibynnol Cymru ar Gydnabyddiaeth Ariannol” from the first column and “The members of the Panel” from the corresponding entry in the second column.

Democracy and Boundary Commission Cymru etc. Act 2013 (anaw 4)

13 (1) The Democracy and Boundary Commission Cymru etc. Act 2013 is amended as follows.

(2) In section 1 (overview)—

(a) in subsection (5), omit paragraph (h);

(b) after subsection (5), insert—

“(5A) Part 5A makes provision relating to the functions of the Commission in deciding on the payments and pensions payable to members and former members of certain authorities (including local authorities).”

(3) Omit sections 62 to 67 (Independent Remuneration Panel for Wales) and the cross-heading before section 62.

(4) In Part 6 (miscellaneous and general provision), before section 70 insert—

“70ZA Directions

A direction given by the Welsh Ministers under this Act must be given in writing.”

(5) In section 71(2) (orders and regulations), after paragraph (c) insert—

“(d) regulations under section 69C(2)(e), 69D(1)(b) or 69K(2)(d),”.

(6) In Schedule 3 (index of defined expressions), in Table 2, in the appropriate place insert the following entries—

“Annual remuneration report (Adroddiad blynyddol ar dâl)

Section 69E”

“Relevant authority (Awdurdod perthnasol)

Section 69C”

“Relevant pension (Pensiwn perthnasol)

Section 69B”

“Resettlement payment (Taliad ailsefydlu)

Section 69D”

“Supplementary remuneration report (Adroddiad atodol ar dâl)

Section 69F”

Local Government (Wales) Act 2015 (anaw 6)

14 In the Local Government (Wales) Act 2015—

(a) in section 1(2) (overview), omit paragraphs (b) and (c);

(b) omit sections 40 (changes to duty to have regard to Panel recommendations about salaries) and 41 (Panel membership).

Local Government and Elections (Wales) Act 2021 (asc 1)

15 (1) The Local Government and Elections (Wales) Act 2021 is amended as follows.

(2) In section 53 (overview), omit paragraph (b).

(3) Omit sections 55 (replacement of references to “salary” in section 143A of the 2011 Measure) and 56 (reconsideration of remuneration following direction by the Welsh Ministers).

(4) In section 132(2)(h) (restructuring regulations which provide for part of a principal area to become part of another existing principal area), for “Independent Remuneration Panel for Wales” substitute “Democracy and Boundary Commission Cymru”.

(5) In section 142 (directions to Independent Remuneration Panel for Wales)—

(a) in the heading, for “Independent Remuneration Panel for Wales” substitute “Democracy and Boundary Commission Cymru”;

(b) in subsection (1), for “Independent Remuneration Panel for Wales (“the Panel”)” substitute “Democracy and Boundary Commission Cymru”;

(c) in subsection (2)—

(i) for “Panel’s” substitute “Commission’s”;

(ii) for “Part 8 of the 2011 Measure” substitute “Part 5A of the 2013 Act”;

(iii) in paragraph (a), for “section 142” substitute “section 69A”;

(iv) in paragraph (b), for “section 143” substitute “section 69B”;

(d) in subsection (3)—

(i) for “Part 8” in both places where it occurs” substitute “Part 5A”;

(ii) for “of the 2011 Measure” substitute “of the 2013 Act”;

(e) in subsection (4)—

(i) for “Part 8 of the 2011 Measure” in both places where it occurs, substitute “Part 5A of the 2013 Act”;

(ii) in paragraph (c), for “section 142”, substitute “section 69A”;

(iii) omit paragraphs (d) and (e).

(6) In section 143 (reports of Panel relating to shadow councils and new principal councils)—

(a) in the heading, for “Panel” substitute “Commission”;

(b) in subsection (1), for “Part 8 of the 2011 Measure” substitute “Part 5A of the 2013 Act”;

(c) in subsection (2)—

(i) for “Part 8 of the 2011 Measure” substitute “Part 5A of the 2013 Act”;

(ii) in paragraph (b), for “sections 147(2) and 148(1) and (1A)(a) of the 2011 Measure” substitute “sections 69E(3) and 69I(1) and (2)(a) of the 2013 Act”;

(d) in subsection (3), for “Section 148(1A)(b) of the 2011 Measure” substitute “Section 69I(2)(b) of the 2013 Act”;

(e) in subsection (4), for “Panel” substitute “Commission”;

(f) in subsection (5)—

(i) for “Panel”, in both places where it occurs, substitute ”Commission”;

(ii) for “section 147 of the 2011 Measure” substitute “section 69E of the 2013 Act”;

(iii) for “section 147(8)(a) of the 2011 Measure” substitute “section 69G(1)(a) of the 2013 Act”;

(g) in subsection (6)—

(i) in paragraph (a), for “section 150(1) or (3) of the 2011 Measure” substitute “section 69J(1) of the 2013 Act”;

(ii) in paragraph (b), for “section 151(1) of that Measure” substitute “section 69K(1) of the 2013 Act”;

(h) in subsection (7), for “section 150(2) of the 2011 Measure” substitute “section 69J(2) of the 2013 Act”;

(i) in subsection (8), for “sections 153, 154 and 157 of the 2011 Measure” substitute “sections 69L, 69N and 69P of the 2013 Act”;

(j) in subsection (9), for “section 146(3) of the 2011 Measure” substitute “section 69E(4) of the 2013 Act”;

(k) in subsections (10) and (11), for “Panel” substitute “Commission”.

(7) In section 144 (guidance to Panel), and in the heading, for “Panel” substitute “Commission”.

(8) In section 145 (pay policy statements), omit subsection (6).

(9) In Schedule 5 (consequential amendments relating to chief executives), omit paragraph 15.

(10) In Schedule 12 (restraints on transactions and recruiting etc. by merging and restructuring councils), in paragraph 1, omit sub-paragraph (7).