Senedd Cymru (Members and Elections) Act 2024

(Introduced by section 17)

SCHEDULE 2 E+W SENEDD CONSTITUENCIES FOR FIRST GENERAL ELECTION AFTER 6 APRIL 2026

Elections in relation to which this Schedule applies E+W

1 This Schedule makes provision about the constituencies for which Members of the Senedd will be elected (“the Senedd constituencies”‍)‍ at‍ a general election the poll for which is held after 6 April 2026 and before the first set of regulations made under section 49J of the 2013 Act takes effect (or the constituencies are otherwise changed under any enactment).

Commencement Information

I1 Sch. 2 para. 1 in force at 25.6.2024, see s. 25(1)(b)

Senedd constituencies and the 2026 boundary review E+W

2 (1) The area of each Senedd constituency must consist of the combined areas of two contiguous UK parliamentary constituencies in Wales.

(2) The Democracy and Boundary Commission Cymru (“the Commission”) must conduct a review (“the 2026 boundary review”) in accordance with this Schedule to determine—

(a) which contiguous UK parliamentary constituencies in Wales are to be combined to create the areas of the 16 Senedd constituencies,

(b) the names of the Senedd constituencies, and

(c) whether each Senedd constituency is a county constituency or a borough constituency.

Commencement Information

I2 Sch. 2 para. 2 in force at 25.6.2024, see s. 25(1)(b)

Notice of commencement of 2026 boundary review E+W

3 (1) As soon as reasonably practicable after commencing the 2026 boundary review, the Commission must publish a notice—

(a) stating that the Commission has commenced the review, and

(b) specifying the date on which the review commenced.

(2) In this Schedule, “review date” means the date specified in the notice under sub-paragraph‍ (1)(b).

Commencement Information

I3 Sch. 2 para. 3 in force at 25.6.2024, see s. 25(1)(b)

Matters the Commission may take into account in the 2026 boundary review E+W

4 When considering the possible combinations of UK parliamentary constituencies in Wales, the Commission may take into account—

(a) local government boundaries that exist on the review date;

(b) special geographical considerations, including in particular the size, shape and accessibility of a proposed Senedd constituency;

(c) any local ties (including local ties connected to the use of the Welsh language) that would be broken by the proposed pairings.

Commencement Information

I4 Sch. 2 para. 4 in force at 25.6.2024, see s. 25(1)(b)

Determining the names of the Senedd constituencies E+W

5 (1) Each Senedd constituency must have‍‍ a‍ single name for the purposes of identifying the constituency in communication through Welsh and English, unless the Commission considers this would be unacceptable (in which case the constituency may have different names for the purposes of identifying it in communication through Welsh and English).

(2) Before making its initial report (see paragraph 6) the Commission must—

(a) consult the Welsh Language Commissioner on the orthography of the names proposed for identifying the Senedd constituencies, and‍

(b) consider its proposals having regard to any representations received from the‍ Commissioner on the orthography of the proposed names.

(3) A requirement under this Schedule to set out the name or proposed name of a Senedd constituency in a report is‍, where the Commission considers the constituency should have different names for the purposes of identifying it in communication through Welsh and English, a requirement to set out both names—

(a) in the Welsh language version of the report, and

(b) in the English language version of the report‍.

Commencement Information

I5 Sch. 2 para. 5 in force at 25.6.2024, see s. 25(1)(b)

Initial report on the 2026 boundary review and first period for representations E+W

6 (1) After taking the steps in paragraphs 3(1) and 5(2), the Commission must make an initial report setting out the proposed Senedd constituencies, including—

(a) which contiguous UK parliamentary constituencies in Wales are to be combined to create the areas of the 16 Senedd constituencies, and

(b) the proposed name of each Senedd constituency.

(2) The Commission must—

(a) publish the initial report,

(b) inform any person it considers appropriate of how to access the report,

(c) invite representations on the report, and

(d) notify any person it considers appropriate of the first period for representations.

(3) During the first period for representations the Commission must consult the Welsh Language Commissioner.

(4) The first period for representations is a period of four weeks, beginning with the date on which the initial report is published.

Commencement Information

I6 Sch. 2 para. 6 in force at 25.6.2024, see s. 25(1)(b)

Second report on the 2026 boundary review and second period for representations E+W

7 (1) At the end of the first period for representations the Commission must—

(a) publish a document setting out any representations received during that period (including any representations on the initial report made by the Welsh Language Commissioner when consulted under paragraph 6(3)),

(b) consider its proposals having regard to those representations, and

(c) if‍, having considered its proposals, it is considering any changes to the proposed name of a Senedd constituency as set out in the initial report—

(i) consult the Welsh Language Commissioner on the orthography of the proposed name, and

(ii) have regard to any representations made by the Commissioner on the orthography of the proposed name.

(2) After taking the steps in sub-paragraph (1), the Commission must make a second report setting out the proposed Senedd constituencies, including—

(a) which contiguous UK parliamentary constituencies in Wales are to be combined to create the areas of the 16 Senedd constituencies,

(b) the proposed name of each constituency, and

(c) details of any changes to the proposals in the initial report, and an explanation of why those changes have been made.

(3) The Commission must—

(a) publish the second report,

(b) inform any person it considers appropriate of how to access the report,

(c) invite representations on the report, and

(d) notify any person it considers appropriate of the second period for representations.

(4) During the second period for representations the Commission must consult the Welsh Language Commissioner.

(5) The second period for representations is a period of four weeks, beginning with the date on which the second report is published.

(6) At the end of that period the Commission must—

(a) publish a document setting out any representations received during that period (including any representations on the second report made by the Welsh Language Commissioner when consulted under sub-paragraph (4)),

(b) consider its proposals having regard to those representations, and

(c) if‍, having considered its proposals, it is considering any changes to the proposed name of a Senedd constituency as set out in the second report—

(i) consult the Welsh Language Commissioner on the orthography of the proposed name, and

(ii) have regard to any representations made by the Commissioner on the orthography of the proposed name.

Commencement Information

I7 Sch. 2 para. 7 in force at 25.6.2024, see s. 25(1)(b)

Final report on the 2026 boundary review E+W

8 (1) Before 1 April 2025 the Commission must—

(a) make and publish a final report, and

(b) send it to the Welsh Ministers.

(2) The final report must set out the Senedd constituencies, including—

(a) which contiguous UK parliamentary constituencies in Wales are to be combined to create the areas of the 16 Senedd constituencies,

(b) the name of each constituency, and

(c) whether each constituency is a county constituency or borough constituency.

(3) The final report must also specify details of any changes to the proposals set out in the second report, and explain why those changes have been made.

(4) A failure by the Commission to submit a report to the Welsh Ministers before 1 April 2025 does not invalidate the report.

(5) As soon as reasonably practicable after receiving the final report, the Welsh Ministers must lay it before the Senedd.

Commencement Information

I8 Sch. 2 para. 8 in force at 25.6.2024, see s. 25(1)(b)

Implementation of final report by the Welsh Ministers E+W

9 (1) The Welsh Ministers must make regulations giving effect to the determinations in the Commission’s final report—

(a) as soon as reasonably practicable after laying the report before the Senedd, and

(b) in any event, unless there are exceptional circumstances, before the end of the period of 14 weeks beginning with the date the final report is laid before the Senedd.

(2) Where regulations are not made before the end of the period mentioned in sub-paragraph (1)(b), the Welsh Ministers must lay a statement before the Senedd setting out the exceptional circumstances.

(3) A statement under sub-paragraph (2) must be laid before the end of the period of 14 weeks beginning with the date the final report is laid before the Senedd.

(4) Further statements setting out the exceptional circumstances must be laid before the Senedd before the end of each subsequent period of four weeks beginning with the day on which the previous statement was laid, until the regulations are made.

(5) Regulations under this paragraph may make provision for any matters that the Welsh Ministers consider are incidental to, or consequential on, the determinations in the final report.

(6) Regulations under this paragraph must be made by statutory instrument.

(7) A statutory instrument containing regulations under this paragraph must be laid before the Senedd as soon as reasonably practicable after the regulations are made.

(8) The coming into force of the regulations does not affect the return of a Member of the Senedd to the Senedd, or the constitution of the Senedd, until the dissolution of the Senedd in connection with the first general election to be held after 6 April 2026.

Commencement Information

I9 Sch. 2 para. 9 in force at 25.6.2024, see s. 25(1)(b)

Modification of final report by the Commission E+W

10 (1) This paragraph applies where—

(a) the Welsh Ministers have laid the final report before the Senedd under paragraph‍ 8(5),

(b) the Commission considers that the report needs to be modified to correct an error or errors in respect of any of the matters mentioned in paragraph 8(2), and

(c) regulations have not yet been made under paragraph 9.

(2) The Commission may send a statement to the Welsh Ministers specifying—

(a) the modifications of the report, and

(b) the reasons for those modifications.

(3) The Commission must publish a statement sent to the Welsh Ministers under sub-paragraph (2).

(4) As soon as reasonably practicable after receiving a statement, the Welsh Ministers must lay it before the Senedd.

(5) Where a statement has been sent to the Welsh Ministers, the regulations made under paragraph 9 must give effect to the final report with the modifications specified in the statement.

Commencement Information

I10 Sch. 2 para. 10 in force at 25.6.2024, see s. 25(1)(b)

Delegation by the Commission of functions under this Schedule E+W

11 Section 13(1) of the 2013 Act (delegation) is to be read as if it contained a reference to the Commission’s functions under this Schedule (and accordingly those functions may be delegated under that section).

Commencement Information

I11 Sch. 2 para. 11 in force at 25.6.2024, see s. 25(1)(b)

Welsh Ministers may not give directions to Commission relating to functions under this Schedule E+W

12 Section 14 of the 2013 Act (directions) does not permit the Welsh Ministers to give the Commission a direction relating to the exercise of its functions under this Schedule.

Commencement Information

I12 Sch. 2 para. 12 in force at 25.6.2024, see s. 25(1)(b)

Interpretation E+W

13 In this Schedule—

• “the Commission” (“y Comisiwn”) has the meaning given in paragraph 2(2);

• “local government boundaries” (“ffiniau llywodraeth leol”) are the boundaries of counties, county boroughs, electoral wards, communities and community wards in Wales;

• “review date” (“dyddiad yr adolygiad”) has the meaning given in paragraph 3;

• “Senedd constituency” (“etholaeth Senedd”) is to be interpreted in accordance with paragraph 1;

• “UK parliamentary constituency” (“etholaeth seneddol y DU”) means a constituenc‍y, specified in the Parliamentary Constituencies Order 2023 (S.I. 2023/1230), returning a member of Parliament of the United Kingdom.

Commencement Information

I13 Sch. 2 para. 13 in force at 25.6.2024, see s. 25(1)(b)

14 Where this Schedule imposes a duty on the Commission to publish a notice, report or other document, the notice, report or other document must be published—

(a) on the Commission’s website, and

(b) in such other manner as the Commission considers appropriate.

Commencement Information

I14 Sch. 2 para. 14 in force at 25.6.2024, see s. 25(1)(b)