Local Government and Elections (Wales) Act 2021

Senedd and Elections (Wales) Act 2020 (anaw 1) E+W

15 (1) The Senedd and Elections (Wales) Act 2020 is amended as follows. E+W

(2) In section 24 (protection of information of persons aged under 16)—

(a) in subsection (2), in the definition of “absent voters record or list”, after paragraph (b) insert—

“(c) so far as relating to local government elections, a record kept under paragraph 3(4) or 7(6) of Schedule 4 to the Representation of the People Act 2000 (c. 2) (absent voting);

(d) so far as relating to local government elections, a list kept under paragraph 5 or 7(8) of that Schedule;”;

(b) after subsection (2) insert—

“(3) In sections 25 and 26, “local government election” means—

(a) an election of councillors for any electoral ward or community ward in Wales or, in the case of a community in Wales in which there are no wards, the community, for which the election of councillors is held under the Local Government Act 1972 (c. 70), or

(b) an election for the return of an elected mayor (within the meaning of section 39(1) of the Local Government Act 2000 (c. 22)) of a local authority in Wales.”

(3) In section 25 (exceptions from prohibition on disclosure)—

(a) in subsection (3), for “32ZA(5) and (5A)” substitute “ 32ZBD(9) and (9A) ”;

(b) in subsection (5)—

(i) in paragraph (b), after “Senedd” insert “ , a member of a local authority in Wales, an elected mayor of a local authority in Wales or candidates at local government elections ”;

(ii) in paragraph (c), after “elections” insert “ or local government elections ”;

(iii) for paragraph (e) substitute—

“(e) regulation 61 of the 2001 regulations (absent voters records or lists) so far as applying to local government elections and any enactment making provision equivalent to that regulation in relation to Senedd elections;”;

(iv) for paragraph (f), substitute—

“(f) regulation 98 of the 2001 regulations (supply to returning officers) so far as applying to returning officers of community councils and returning officers for any Senedd elections and any enactment making provision equivalent to regulation 98(4) in relation to Senedd elections.”

(4) In section 26 (further provision for exceptions)—

(a) in subsection (1), after “Senedd” insert “ , local government elections or local referendums ”;

(b) after subsection (4), insert—

“(5) In this section, “local referendum” means a referendum 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, or

(b) section 40 of the Local Government (Wales) Measure 2011 (nawm 2).”

Commencement Information

I1 Sch. 2 para. 15 in force at 20.3.2021, see s. 175(3)(f) (subject to s. 3)