Government of Wales Act 2006

Franchise and conduct of elections U.K.

12 Entitlement to vote U.K.

(1) The persons entitled to vote at an election of [F1 Members of the Senedd] (or of [F2 a Member of the Senedd]) in [F3 a Senedd] constituency are those who on the day of the poll—

(a) would be entitled to vote as electors at a local government election in an electoral area wholly or partly included in the [F4 Senedd] constituency [F5 or fall within the extended franchise for Senedd elections as described in this section], and

(b) are registered in the register of local government electors at an address within the [F4 Senedd] constituency.

[F6 (1A) A person falls within the extended franchise for Senedd elections if the person—

(a) has attained the age of 16, but not the age of 18, and

(b) would, but for any disability removed by this section, be entitled to vote as an elector at a local government election in an electoral area wholly or partly included within the Senedd constituency.]

[F7 (1B) A person falls within the extended franchise for Senedd elections if the person—

(a) is a qualifying foreign citizen (within the meaning given by section 203(1) of the Representation of the People Act 1983 (c. 2)), and

(b) would, but for any disability removed by this section, be entitled to vote as an elector at a local government election in an electoral area wholly or partly included within the Senedd constituency.]

(2) But a person is not entitled as an elector—

(a) to cast more than one constituency vote, or more than one electoral region vote, in the same [F4 Senedd] constituency at any general election,

(b) to vote in more than one [F4 Senedd] constituency at any general election, or

(c) to cast more than one vote in any election held under section 10.

Textual Amendments

F1 Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(17) (with Sch. 1 para. 2(11)(12)(14))

F2 Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(15) (with Sch. 1 para. 2(11)(12)(14))

F3 Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(18) (with Sch. 1 para. 2(11)-(14))

F4 Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(19) (with Sch. 1 para. 2(11)-(14))

F5 Words in s. 12(1)(a) inserted (15.1.2020 with effect for the purposes of an election for membership of the Senedd at which the poll is held on or after 5.4.2021) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 10(2)(4), 42(1)(b)(i)

F6 S. 12(1A) inserted (15.1.2020 with effect for the purposes of an election for membership of the Senedd at which the poll is held on or after 5.4.2021) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 10(3)(4), 42(1)(b)(i)

F7 S. 12(1B) inserted (15.1.2020 with effect for the purposes of an election for membership of the Senedd at which a poll is held on or after 5.4.2021) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 11(1)(2), 42(1)(b)(ii)

Commencement Information

I1 Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

[F8 13 Power of the Welsh Ministers to make provision about elections etc U.K.

(1) The Welsh Ministers may by order make provision that would be within the legislative competence of the [F4 Senedd] , if included in an Act of the [F4 Senedd], as to—

(a) the conduct of elections of [F1 Members of the Senedd],

(b) the questioning of an election of [F1 Members of the Senedd] and the consequences of irregularities, and

(c) the return of [F2 a Member of the Senedd] otherwise than at an election.

(2) The provision that may be made under subsection (1)(a) includes, in particular, provision—

(a) about the registration of electors,

(b) for disregarding alterations in a register of electors,

(c) about the limitation of the election expenses of candidates (and the creation of criminal offences in connection with the limitation of such expenses),

(d) for the combination of polls,

(e) for modifying the application of sections 6 and 8(2) where the poll at an election for the return of [F3 a Senedd] constituency member is abandoned (or notice of it is countermanded), and

(f) for modifying section 9(7) to ensure the allocation of the correct number of seats for the region.

(3) The provision that may be made under subsection (1)(c) includes, in particular, provision modifying section 11(3) to (5).

(4) An order under this section may—

(a) apply or incorporate, with or without modifications or exceptions, any provision of or made under the election enactments, and

(b) so far as may be necessary in consequence of any provision made by an order under this section, make modifications of any provision made by or under any enactment relating to the registration of parliamentary electors or local government electors.

(5) In subsection (4)(a) “"the election enactments”” means—

(a) the Representation of the People Acts,

(b) the Political Parties, Elections and Referendums Act 2000,

(c) the European Parliamentary Elections Act 2002, and

(d) any other enactments relating to parliamentary elections, European Parliamentary elections or local government elections.

(6) No return of [F2 a Member of the Senedd] at an election may be questioned except by an election petition under the provisions of Part 3 of the Representation of the People Act 1983 as applied or incorporated in an order under this section.

(7) No order is to be made under this section unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the [F4 Senedd].]

Textual Amendments

F1 Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(17) (with Sch. 1 para. 2(11)(12)(14))

F2 Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(15) (with Sch. 1 para. 2(11)(12)(14))

F3 Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(18) (with Sch. 1 para. 2(11)-(14))

F4 Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(19) (with Sch. 1 para. 2(11)-(14))

F8 Ss. 13, 13A substituted for s. 13 (1.4.2018) by Wales Act 2017 (c. 4), ss. 5(1), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

[F8 13A Power of the Secretary of State to make provision about the combination of polls U.K.

(1) The Secretary of State may by regulations make provision for—

(a) the combination of polls at ordinary general elections of [F1 Members of the Senedd] with polls at the elections listed in subsection (2), and

(b) the combination of polls at extraordinary general elections of [F1 Members of the Senedd], and by-elections for the return of [F1 Members of the Senedd], with polls at the elections listed in subsections (2) and (3).

(2) The elections are—

(a) early parliamentary general elections,

(b) parliamentary by-elections, and

(c) European Parliamentary by-elections.

(3) The elections are—

(a) parliamentary general elections, and

(b) European Parliamentary general elections.

(4) The Secretary of State may not make regulations under this section without the agreement of the Welsh Ministers.

(5) Regulations under this section may—

(a) apply or incorporate, with or without modifications or exceptions, any provision made by or under the election enactments, and

(b) modify any form contained in, or in regulations or rules made under, the Representation of the People Acts so far as may be necessary to enable it to be used both for the original purpose and in relation to elections of [F1 Members of the Senedd].

(6) In subsection (5)(a) “"the election enactments”” has the meaning given by section 13(5).

(7) No regulations are to be made under this section unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.]

Textual Amendments

F1 Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(17) (with Sch. 1 para. 2(11)(12)(14))

F8 Ss. 13, 13A substituted for s. 13 (1.4.2018) by Wales Act 2017 (c. 4), ss. 5(1), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)