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Elections and Elected Bodies (Wales) Act 2024

General Overview of the Act

2.The Act is divided into 3 Parts containing 73 sections and a Schedule of minor and consequential amendments to other legislation.

Part 1 - Electoral Administration and Registration

3.Part 1 contains provisions about electoral administration and electoral registration in respect of Senedd Cymru elections and local government elections in Wales and is divided into 5 chapters.

4.Chapter 1 is about the co-ordination of electoral administration for Senedd Cymru elections, local government elections in Wales and devolved referendums. The Chapter confers new functions on the Democracy and Boundary Commission Cymru (“the Commission”) and requires the Commission to establish an Electoral Management Board (“the Board”) to discharge the functions.

5.Chapter 2 places a duty on electoral registration officers in Wales to register persons as local government electors without an application being made for registration if they are satisfied that the persons are entitled to be registered. Registration as a local government elector entitles a person to vote in Senedd Cymru elections as well as local government elections. The Chapter also provides for procedure by which electoral registration officers give people notice of their intention to register them as local government electors and it makes provision for the circumstances in which the duty to register does not apply.

6.Chapter 3 provides the Welsh Ministers with power by regulation to authorise piloting of reforms to the law relating to Senedd Cymru elections and local elections in Wales. The Chapter makes provision for public authorities with functions relating to electoral administration to make proposals to the Welsh Ministers for electoral pilots, provision for evaluation of proposals for pilots and for the evaluation of the pilots and gives the Welsh Ministers power by regulations to make permanent changes to the law following pilots.

7.Chapter 4 contains provision about accessibility and diversity matters relating to Senedd Cymru elections and local government elections in Wales. It includes provision—

  • conferring duties on the Electoral Commission to report on the administration of ordinary local government elections in Wales (the Electoral Commission is already required by section 5 of the Political Parties, Elections and Referendums Act 2000 (hereafter referred to as “PPERA”) to report on Senedd Cymru elections)) and to include in its reports on Senedd Cymru and local government elections in Wales a description of the steps taken by returning officers to provide assistance for disabled voters;

  • conferring power on the Welsh Ministers to give directions to local authorities (instead of a power to make regulations) specifying requirements regarding the survey of candidates at local government elections that local authorities are required to conduct by section 1 of the Local Government (Wales) Measure 2011;

  • requiring the Welsh Ministers by regulations to provide for the establishment and operation of a Welsh elections information platform, which is an electronic facility (such as a website or software application) to provide voters in Senedd Cymru and local government elections in Wales with up-to-date information relating to the elections;

  • requiring the Welsh Ministers to make arrangements for the provision of services to promote diversity among those seeking election as Members of the Senedd or as councillors in local government in Wales;

  • for financial assistance schemes to promote diversity in persons seeking elected office in Senedd Cymru or local government in Wales;

  • requiring the Welsh Ministers to issue guidance aimed at encouraging registered political parties to collect and publish diversity information about their candidates for Senedd elections and for such parties to develop and publish strategies aimed at promoting diversity amongst candidates for all Welsh elections.

8.Chapter 5 makes provision about the regulation of expenses incurred in election campaigns in Senedd Cymru elections and local government elections in Wales, including provision—

  • about the treatment of notional campaign expenditure (use of property etc. provided free of charge or at a discount of the market value);

  • providing for a code of practice on election expenses;

  • authorising payment of expenses through persons other than election agents;

  • for restrictions on which third parties may incur controlled expenditure;

  • for a code of practice on controlled election campaign expenditure.

Part 2 - Elected Bodies and their Members

9.Part 2 of the Act makes provision about reviews of the boundaries and electoral arrangements of local authorities, the remuneration of members of local authorities, disqualification from membership of Senedd Cymru and local authorities and the offence of undue influence. The Part is divided into 4 chapters.

10.Chapter 1 amends Part 3 of the Democracy and Boundary Commission Cymru etc. Act 2013 (hereafter referred to as “the 2013 Act”), which makes provision about reviews of the boundaries and electoral arrangements of the councils of counties, county boroughs and communities in Wales. The chapter—

  • changes the considerations applicable to reviews relating to counties, county boroughs and communities and the applicable review periods;

  • makes clear that a review of seaward boundaries may include more than one local government area;

  • makes changes to the requirements relating to consultation and consideration of representations on reviews;

  • makes provision for the Welsh Ministers to be able to direct the pausing of electoral reviews and sets out requirements regarding the publication of review orders and other related information.

11.Chapter 2 abolishes the Independent Remuneration Panel for Wales and confers its functions on the Commission.

12.Chapter 3 contains provisions for disqualification for being a Member of the Senedd and a community councillor, and for the offence of undue influence. It also contains provisions which prevent a person holding a politically restricted post under a community council, corporate joint committee, or a local authority in Great Britain from becoming or remaining a member of a community council.

13.Chapter 4 makes changes to the 2013 Act relating to who may not be members, chief executive or assistant commissioner of the Commission. It also contains provision for a governance and audit committee of the Commission and confers power on the Commission to charge for goods and services it provides.

Part 3 - General Provision

14.Part 3 contains provisions that apply to the Act generally, including, a general interpretation provision, power for the Welsh Ministers to make consequential and transitional provision by regulations and provision about the coming into force of the Act.

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Explanatory Notes

Text created by the Welsh Government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of Senedd Cymru.

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