Part 1 Electoral Administration and Registration
Chapter 1: Co-Ordination of Electoral Administration
Section 1 - Electoral Management Board of Democracy and Boundary Commission Cymru
15.This section of the Act inserts Part 2A into the Democracy and Boundary Commission Cymru etc. Act 2013 (“
Section 20A – Electoral administration functions
16.Section 20A describes the Commission’s general function of co-ordinating the administration of Welsh elections and referendums in further detail. Subsections (2) and (3) confirm the function includes—
assisting returning officers, local authorities and other persons to carry out their functions in relation to Welsh elections and referendums;
promoting best practice in Welsh elections and referendums, for example by providing information, advice or training to those involved in the administration of the elections; and
providing information, advice or other assistance to the Welsh Ministers about the administration of Welsh elections and referendums.
Section 20B – Directions to returning officers
17.Section 20B provides the Commission with a power to issue written directions to returning officers with regards to carrying out their functions in relation to Welsh elections and referendums. An example of directions that could be issued could be to establish a consistent date across Wales for the issue of postal ballot papers.
18.Directions issued by the Commission under this section do not have to be followed if they are inconsistent with any legal duty imposed on the officer or relate to the officer’s function relating to a combined poll.
Section 20C – Directions to electoral registration officers
19.This section provides the Commission with a power to issue written directions to electoral registration officers with regards to carrying out their functions in relation to Welsh elections and referendums. As with directions issued to returning officers, a direction issued by the Commission under this section does not have to be followed if it is inconsistent with any legal duty imposed on the electoral registration officer.
Section 20D – Consultation with the Electoral Commission
20.The Electoral Commission must be consulted before any direction is given under sections 20B or 20C.
Section 20E – Electoral Management Board
21.Section 20E requires the Commission to establish the Board, which will be responsible for carrying out the Commission’s electoral administration function.
22.When undertaking its work, the Board may also use the power of the Commission in section 12 of the 2013 Act that allows it to do things that are ancillary to the exercise of its other functions (other than borrow money, acquire property without the consent of the Welsh Ministers or form companies).
Section 20F – Board membership
23.Section 20F sets out who will be a member of the Board. In summary, the Board must consist of –
a Chair, who must be a member of the Commission appointed under section 4 of the 2013 Act and have previous experience as a returning officer or electoral registration officer. The Welsh Ministers will decide on their terms and conditions;
one other member of the Commission appointed under section 4 of the 2013 Act, whose terms and conditions will also be decided by the Welsh Ministers;
at least four other members, who must be current or former returning officers or electoral registration officers (defined by section 20F(9) as “elections officers”).
24.Subsection (4) requires the Board to choose one of these members who are current or former elections officers to be the deputy chair of the Board. Subsection (8) sets out the persons who must not be a member of the Board appointed under subsection (1)(c).
Section 20G – Tenure
25.Section 20G provides that the members of the Board hold and vacate office in accordance with the terms and conditions of their appointment, as determined under section 20F.
Section 20H – Board proceedings
26.Section 20H enables the Board to decide on its own procedure, including the minimum number of members who must be present to make decisions. Subsection (1) confirms that all members votes are equal to the other members, but the Chair (or their deputy in the Chair’s absence) will have the deciding vote in the event of a tie. Subsection (3) also confirms the validity of the Board’s proceedings or acts if there is a defect in the appointment of a Board member.
27.Subsection (4) enables the Chair or deputy Chair to invite other people to the Board’s meetings to provide advice or help with the work of the Board, provided all members agree. This may include, for example, representatives of the Electoral Commission, Association of Electoral Administrators, Electoral Service Managers, representatives of the UK and/or Welsh governments. This is to ensure the Board has sufficient flexibility to seek out the necessary expertise and assistance in the delivery of its functions. Any such attendees would not be part of the Board’s membership.
Section 20I – Interpretation
28.Section 20I defines certain words and terms used in Part 2A of the 2013 Act (as inserted by section 1(2)).
Section 2 - Minor and consequential amendments
29.This section introduces the minor and consequential amendments set out in Part 1 of Schedule 1 to the Act which make changes to the 2013 Act relating to Chapter 1 of the Act.
30.Paragraph 1(4) substitutes section 14(1) of the 2013 Act, which deals with directions given to the Commission by the Welsh Ministers, with new subsections (1A), (1B) and (1C).
31.Subsection (1A) allows the Welsh Ministers to issue directions to the Commission in relation to the Commission’s functions, apart from in relation to its functions under Part 2A of the 2013 Act relating to the co-ordination of electoral administration, or its functions under Part 3A of the 2013 Act relating to Senedd constituency boundaries.
32.Subsection (1B) sets out that the Commission must comply with a direction given to it by the Welsh Ministers under the 2013 Act, and subsection (1C) requires the Welsh Ministers to publish each direction they give to the Commission or a principal council under the 2013 Act (a “principal council” is the council of a county or county borough in Wales).
Chapter 2: Electoral Registration Without Applications
Section 3 - Duty to register local government electors
33.Subsection (1) omits section 18 of the Local Government and Elections (Wales) Act 2021, which contains provision regarding registration of local government electors without application that has not been brought into force.
34.Subsection (2) inserts a new section (9ZA) into the Representation of the People Act 1983 (hereafter referred to as “the 1983 Act”). Section 9ZA requires each electoral registration officer in Wales to add eligible electors to the local government register in Wales where the electoral registration officer is satisfied that the person is entitled to be registered. A local government register in Wales is used for elections of councillors to counties, county boroughs and communities in Wales along with elections for membership of Senedd Cymru. Electoral registration officers will need to verify the person’s identity and circumstances relating to eligibility in order to be satisfied; and electoral registration officers will need notify persons they intend to register before they do so. There will be no need for the elector to make an application through the existing system if the electoral registration officer has the duty to register them.
35.Section 9ZA(3) requires electoral registration officers to notify persons they are satisfied are eligible for registration before they are registered. The notice must be in writing informing the person of—
the electoral registration officer’s duty to register the person after the end of the notice period;
the exceptions to the electoral registration officer’s duty to register the person;
the elector’s right to request exclusion from the edited register of local government electors (if provision is made for an edited register in regulations under section 53 of the 1983 Act);
the elector’s right to apply for anonymous registration; and
the types of election the person will and will not be entitled to vote in as a result of being registered without an application (the person would be entitled vote in Senedd Cymru elections and elections for councillors in counties, county boroughs and communities in Wales, but it would not entitle them to vote in an election for membership of the House of Commons in the UK Parliament – an application for registration would be needed for that).
36.The notice period is 60 days (subsection (4) of section 9ZA) and this provides time for a person who receives a notice to respond to it with any concerns or objections before the electoral registration officer’s duty to register takes effect at the end of the period.
37.Subsection (5) of section 9ZA requires an electoral registration officer to register the person at the end of the 60-day notice period unless—
the person has notified the electoral registration officer that they do not wish to be registered (paragraph (a));
the electoral registration officer is no longer satisfied that the person is entitled to be registered (paragraph (b)); or
the person wishes to make an application for anonymous registration or has made one (paragraph (c)).
38.Where the person objects to their registration without application, the electoral registration officer is required to stop the automatic registration process and instead follow the process in section 9E of the 1983 Act, which requires an electoral registration officer to invite a person to apply for registration if, in relation to an unregistered person whose name and address the electoral registration officer knows, the electoral registration officer has reason to believe that the person is entitled to be registered. Section 9ZA(6) provides the Welsh Ministers with a power to make provision in regulations about the requirements of notices to a person who the electoral registration officer is considering registering under the section, including provision about the form of the notice and how and to whom it may or must be provided.
39.Subsections (8) and (9) require the regulations under subsection (6) to be made by statutory instrument and subject to the negative resolution procedure in the Senedd.
Section 4 - Provision connected to the duty to register eligible local government electors
40.Subsection (3) amends section 9E of 1983 Act to make provision about the relationship between the existing duties of electoral registration officers under section 9E with respect to invitations to apply for registration and the new duty to register without application under section 9ZA inserted by section 3. The effect of the amendment to section 9E is that the electoral registration officer’s duty in section 9E(1) will not apply whilst the registration process under section 9ZA is on-going.
41.Subsection (4) amends section 13A of the 1983 Act, which requires electoral registration officers to issue notices about alterations to the register listed in subsection (1) of that section. The addition of a person to the register under the new section 9ZA is added to the list of alterations that trigger the duty to issue notices. Subsections (5) and (6) make related consequential amendments to sections 13AB and 13B of the 1983 Act.
42.Subsections (7) and (9) amend section 53 of, and Schedule 2 to, the 1983 Act. Section 53 of the 1983 Act confers a power on the Secretary of State to make regulations about electoral registration under that Act, and Schedule 2 to the 1983 Act specifies things that can be done in regulations under section 53. The powers of the Secretary of State under section 53 (and Schedule 2) were transferred to the Welsh Ministers by the Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644), so far as the powers are exercisable within the legislative competence of Senedd Cymru.
43.Subsection (9) amends Schedule 2 to the 1983 Act to specify further things that can be included in regulations under section 53 of that Act in connection with the new duty to register under section 9ZA.
44.Paragraph 1A of Schedule 2 provides for regulations to be made authorising or requiring a person to disclose information to another person for the purpose of assisting a registration officer in relation to matters specified in the paragraph. Paragraph (a) of subsection (9) amends paragraph 1A of Schedule 2, so that assisting a registration officer to decide whether a person is eligible to be included in the register for the purpose of section 9ZA is added to the list of matters in respect of which regulations authorising or requiring disclosure of information can be made.
45.Paragraph (b) of subsection (9) makes clear that regulations under section 53 can make provision about the steps that a registration officer is authorised or required to take for the purpose of deciding whether a person is eligible to be included in the register for the purpose of section 9ZA.
46.Subsection (7) amends section 53 to provide that regulations made by the Welsh Ministers under paragraph 1A(1)(aa) of Schedule 2 (inserted by subsection (9)(a)) authorising or requiring a person to disclose information cannot confer functions on, or modify the functions of, reserved authorities if provision doing such a thing would require the consent or consultation of a Minister of the Crown if the provision were included in an Act of Senedd Cymru.
47.Subsection (8) amends section 56 of the 1983 Act to confer a right of appeal to the county court from decisions under section 9ZA.
48.Paragraphs (c) and (d) of subsection (9) relate to the edited, or open, electoral register. These provisions disapply the regulation making powers in paragraphs 10 and 10B of Schedule 2 of the 1983 Act meaning that Welsh Ministers are not able to make regulations allowing for the creation and supply of an edited, or open, local government electoral register for an area in Wales.
Chapter 3: Welsh Elections Piloting and Reform
Section 5 – Pilot regulations: powers
49.Section 5 enables the Welsh Ministers to make regulations (“
registration of electors for Welsh elections, which in practice means the registration of electors on the local government register. These pilots will not however, be able to impact a person’s fundamental right to vote and cannot change the franchise;
when, where and how voting takes place which could include, but is not limited to, advanced voting arrangements, alternative polling stations, voting electronically etc.;
how votes are counted, which could include electronic counting;
communication with voters about Welsh elections; and
processes and procedures before, on or after polling in a Welsh election.
50.A “Welsh election” is defined by subsection (8) and means a Senedd election, an election to a principal council or a community council election. In addition, pilots will also be capable of being run at local government by-elections. These provisions do not apply to UK Parliamentary or Police and Crime Commissioner elections taking place in Wales.
51.Section 5(4) also allows pilots to be run in connection with the changes that sections 3 and 4 make to the 1983 Act in connection with registering as an elector without application. The Welsh Ministers do not need the consent of a principal council to run these pilots, nor do they have to submit a proposal to the Commission.
52.Pilot regulations may create, remove or modify criminal offences, but must not create or modify an offence that is, or becomes, punishable with a term of imprisonment which exceeds one year where the conviction is on indictment, or exceeds “the applicable limit” on summary conviction. The “applicable limit” on summary conviction means the maximum term of imprisonment that a magistrates’ court can impose in respect of a summary offence (i.e. an offence that can only be tried in a magistrates’ court) and in respect of an either way offence (i.e. an offence that can be tried in the magistrates’ court or the Crown Court). The applicable limit is defined by section 224(1A) of the Sentencing Code (the code contained in the Sentencing Act 2020 (c. 17)) and is currently 6 months imprisonment for a summary offence and 6 months for an either way offence. The reference to the Code “as it has effect from time to time” allows for the possibility that either of these limits may change in future. The applicable limit for an either way offence may be amended by the Secretary of State through regulations made under paragraph 14A of Schedule 23 to the Sentencing Code.
Section 6 – Pilot regulations: requirements
53.Section 6 sets out the requirements placed on Welsh Ministers when making pilot regulations. Subsection (1) requires pilot regulations to describe the objective of the pilot and specify the date by which the Electoral Commission must prepare its report on the operation of the pilot regulations (see section 17(1)).
54.Subsection (2) prohibits the Welsh Ministers from making pilot regulations which apply to the area of a principal council unless that principal council has consented to the pilot, or the Welsh Ministers have had regard to any recommendations made by the Democracy and Boundary Commission Cymru. However, this prohibition does not apply to any pilot regulations made in the 12 months following the Act receiving Royal Assent where the regulations are for the purpose of testing the arrangements relating to electoral registration without application.
55.Subsection (5) provides that Welsh Ministers must consult with stakeholders they consider appropriate before making pilot regulations relating to the registration of electors without application. It specifically requires Welsh Ministers to consult with stakeholders they deem to represent vulnerable groups.
Section 7 – Pilot regulations: procedure
56.Generally, when pilot regulations are made, they are subject to the negative resolution procedure in the Senedd. However, pilot regulations that either test how sections 3 and 4 work in practice; or apply to the area of a principal council without the consent of the principal council that will implement the pilot; or which include provision which creates or widens of the scope of a criminal offence, are subject to the Senedd’s affirmative resolution procedure. If Welsh Ministers are proposing to pilot such activity without the consent of the necessary principal council they are also required to lay a statement before the Senedd explaining why they consider the provision should be made without their consent.
Section 8 – Proposals for pilots made by the Welsh Ministers
57.Section 8 sets out the procedure that must be followed by the Welsh Ministers when they propose a pilot scheme. Subsection (1) requires the Welsh Ministers to consult on their proposal for a pilot scheme with the returning officers for the areas in which the proposal would apply. They must then submit the proposal to the Democracy and Boundary Commission Cymru for consideration. The Commission’s function of considering electoral pilot proposals, and all other functions in relation to electoral pilots, will be delegated to and exercised by its EMB in accordance with section 20E of the 2013 Act (as inserted by section 1 of this Act). Before making any pilot regulations the Welsh Ministers must have regard to the report on the proposal prepared by the EMB.
Section 9 – Proposals for pilots made by principal councils
58.Section 9 enables principal councils to propose a pilot scheme in connection with activities to be trialled at ordinary local government elections and local government by-elections. Subsection (2) requires the council to first consult the Welsh Ministers on its proposal before submitting it to the Electoral Management Board for consideration. Before requesting that the Welsh Ministers make pilot regulations on the basis of their proposal, the council must have regard to the report prepared by the Board, and the report must be submitted to the Welsh Ministers along with the request that pilot regulations be made.
Section 10 – Proposals for pilots made jointly by the Electoral Commission and principal councils
59.Section 10 enables the Electoral Commission to make joint proposals with principal councils in respect of activities to be trialled at ordinary local government elections and local government by-elections. These proposals will be subject to the same procedural requirements as proposals made by principal councils under section 9.
Section 11 – Proposals for pilots made by electoral registration officers
60.In accordance with section 11, electoral registration officers are enabled to make proposals for pilots. This power is however, limited in subsection (1) to the piloting of certain activities relating to the registration of electors. The consultation and submission process that the registration officers are required to follow is the same as that to be followed by principal councils under section 9.
Section 12 – Joint proposals for pilots
61.Section 12 enables a principal council, the Electoral Commission and an electoral registration officer to jointly propose a pilot to the Welsh Ministers. If the Electoral Commission is making the proposal it must do so jointly with one or more principal councils but may also make the proposal jointly with an electoral registration officer.
Section 13 – Electoral Commission recommendations
62.Section 13 enables the Electoral Commission to recommend proposals for a pilot to a principal council or an electoral registration officer.
Section 14 – Evaluation of pilot proposals
63.Section 14 sets out what the Democracy and Boundary Commission Cymru is required to do when evaluating pilot proposals and in preparing their report. The Commission must look at the objectives of the pilot and its desirability, that is to say, whether the pilot could be of benefit to the voter or electoral administrators. It is also required to consider the likely costs and feasibility of the proposed pilot. The Welsh Ministers are able to make regulations under subsection (3) setting out factors they consider relevant to the Commission’s evaluation of the pilot proposals, and the Commission must have regard to such factors when assessing the proposal and preparing its report. A public authority that submits a pilot proposal to the Commission under Chapter 3 must provide any additional information requested by the Commission that will allow the proposal to be fully considered and the report to be prepared accurately. The Commission is required to send a copy of the report they produce to whomever submitted the proposal no later than 6 weeks after the proposal was received.
Section 15 – Welsh election pilot forums
64.Under section 15 the Democracy and Boundary Commission Cymru is required to set up a forum where issues relating to the practical delivery of the pilot can be discussed. This forum must include, but is not limited to, the returning officers for the participating principal councils as well as electoral administrators from those authorities and members of the Commission.
Section 16 – Guidance on pilots
65.Section 16 requires the Democracy and Boundary Commission Cymru to publish guidance on the running of a pilot which must include advice on the arrangements needed for the pilot, the staff training required, as well as how to run the pilot in accordance with the pilot regulations.
Section 17 – Evaluation of pilot regulations
66.Section 17 sets out the arrangements for evaluating pilots after they have taken place. This evaluation must be undertaken by the Electoral Commission, who must evaluate the success (or otherwise) of the pilot in meeting its objectives, and whether or not the changes made by pilot regulations should be adopted on a permanent basis. The principal council for the area of the pilot must provide assistance to the Electoral Commission in preparing their report, and the relevant returning officer must publish the report within one month of receiving it, unless the pilot was one falling solely within the remit of section 11, in which case the duty to publish the Democracy and Boundary Commission Cymru’s report lies with the electoral registration officer.
Section 18 – Electoral reform regulations
67.Section 18 enables the Welsh Ministers to introduce permanent changes, similar to those trialled in a pilot scheme, by way of electoral reform regulations. Subsection (1)(b) provides that such regulations can only be made on the recommendation of the Electoral Commission. Electoral reform regulations can apply the piloted change to any, or all, Welsh elections.
68.Electoral reform regulations may create, remove or modify criminal offences. But the regulations must not create or modify an offence that is, or becomes, punishable with a term of imprisonment which exceeds one year where the conviction is on indictment, or exceeds “the applicable limit” on summary conviction. The “applicable limit” on summary conviction means the maximum term of imprisonment that a magistrates’ court can impose in respect of a summary offence (i.e. an offence that can only be tried in a magistrates’ court) and in respect of an either way offence (i.e. an offence that can be tried in the magistrates’ court or the Crown Court). The applicable limit is defined by section 224(1A) of the Sentencing Code (the code provided for by the Sentencing Act 2020) and is currently 6 months imprisonment for a summary offence and 6 months for an either way offence. The reference to the Code “as it has effect from time to time” allows for the possibility that either of these limits may change in future. The limits may be amended by the Secretary of State through regulations made under paragraph 14A of Schedule 23 to the Sentencing Code.
Section 19 – Electoral reform regulations: procedure
69.Section 19 sets out the Senedd procedure that must be followed when making electoral reform regulations. It provides for additional and enhanced scrutiny steps to be undertaken which includes, the requirement of a Senedd Committee to consider the regulations and their implications. The Senedd will also have a longer period in which to consider the regulations and their implications. When the regulations or draft regulations are laid the Welsh Ministers are required to also a lay before the Senedd a copy of the Electoral Commission’s report on the pilot regulations prepared under section 17.
70.Where Welsh Ministers have decided not to accept a committee’s recommendation to make material changes to draft regulations, either wholly or in part, or make material changes to the draft regulations which are materially different to those recommended by a committee, they must lay a statement before the Senedd setting out the reasons for this decision.
Section 20 – Publication
71.Chapter 3 of Part 1 contains a number of provisions which require the publication of documents (see, for example, section 15(7)). Section 20 requires those documents to be published electronically, in addition to any other manner that the person under the duty to publish considers appropriate.
Section 21 – Regulations: ancillary provision
72.Section 21 provides that pilot regulations and electoral reform regulations made under Chapter 3 of Part 1 of the Act may include ancillary provision, including consequential, supplementary, incidental, transitional, or saving provision. The regulations may modify enactments (whenever made) and may make different provision for different purposes or different areas.
Section 22 – Interpretation
73.Section 22 defines certain words and terms used in Chapter 3 of Part 1 of the Act.
Section 23 – Consequential amendments
74.This section introduces Part 2 of Schedule 1, which makes minor and consequential amendments that are consequential to the provision in Chapter 3 of Part 1 of the Act.
Chapter 4: Accessibility and Diversity: Welsh Elections
Section 24 – Reports by the Electoral Commission
75.Section 24 inserts section 5A into PPERA. The Electoral Commission has a duty under section 5 of PPERA to prepare a report on the administration of each Senedd election. Section 5A(1) of PPERA as inserted by section 24 creates a duty for the Electoral Commission to prepare and publish a report on the administration of ordinary elections of councillors for counties, county boroughs and communities in Wales.
76.Subsections (2) and (3) of section 5A place a duty on the Electoral Commission to include in its reports following Senedd and local government elections a description of the steps returning officers have taken to assist persons with disabilities to vote at those elections where the disabilities could affect their right to vote.
77.Subsection (4) of the section 5A defines “
78.Subsection (4) of section 5A also defines “returning officer” for the purpose of the duty in subsection (3) to report on steps taken by returning officers. In the case of reports on Senedd elections it is defined by reference to orders made under section 13 of the Government of Wales Act 2006 (hereafter referred to as “GOWA 2006”), which govern the conduct of Senedd elections. In the case of reports on local government elections returning officers are defined as a person appointed under section 35(1A) of the 1983 Act.
79.Under the arrangements for electing members to Senedd Cymru established by the Senedd Cymru (Members and Elections) Act 2024 there are no by-elections when there are vacancies in the membership of Senedd Cymru. Section 25(3) makes transitional provision so that prior to the coming into force of the provisions of the Senedd Cymru (Members and Elections) Act 2024 making that change, a report under section 5A(3) will also be required for a Senedd constituency by-election.
Section 25 – Survey of councillors and unsuccessful candidates in local elections
80.Section 25 amends section 1 of the Local Government (Wales) Measure 2011, which requires local authorities to conduct a survey of councillors and unsuccessful candidates for council elections in their area. Section 25 removes the requirement for the form of the survey and the questions to be set out in regulations and instead, it enables the Welsh Ministers to set these out in a direction to local authorities. Subsection (4) inserts subsection 3A into the 2011 Measure, which requires the Welsh Ministers to publish any direction given under section 1 or section 2 of the 2011 Measure.
81.A direction given to local authorities under amended section 1 could, among other things include questions aimed at identifying the impact of any local initiatives established to improve the diversity of candidate standing in the election for which the survey is being undertaken.
Section 26 – Welsh elections information platform
82.The provisions in section 26 are about making information about Welsh elections available to support voters to take part in Welsh elections. Subsection (1) requires the Welsh Ministers by regulations to set up and maintain a Welsh elections information platform that provides up-to-date information about Senedd Cymru elections and elections of county and county borough councils in Wales. It also enables (but does not require) the Welsh Ministers to make regulations about information that should be available on the platform in relation to community council and mayoral elections in Wales.
83.The regulations made by the Welsh Ministers under this section must also require the Welsh Ministers to publish and lay before the Senedd a report about how they have set up and maintained the platform. A report must be published no more than 12 months after an ordinary Senedd election and principal council election.
Section 27 – Services to promote diversity in persons seeking elected office
84.Subsection (1) places a duty on Welsh Ministers to put in place arrangements for the provision of services to promote diversity in the protected characteristics and socio-economic circumstances of persons seeking to stand for election as members of Senedd Cymru and the councils of counties, county boroughs and communities in Wales.
85.“Protected characteristics” are defined for this purpose in subsection (11) as the protected characteristics in section 4 of the Equality Act 2010, which are—
age;
disability;
gender reassignment;
marriage and civil partnership;
pregnancy and maternity;
race;
religion or belief;
sex; and
sexual orientation.
86.Subsection (2) sets out the matters the Welsh Ministers must have regard to when discharging this duty. The Welsh Ministers must consider whether there are groups of persons with the same protected characteristics that are under-represented in the membership of Senedd Cymru or the councils of counties, county boroughs and communities. Under-representation is to be considered by reference to the population served by the body being considered (subsection (3)).
87.The Welsh Ministers must also have regard to—
the desirability of reducing inequalities of outcome that result from socio-economic disadvantage, and
the desirability of services being available to persons regardless of their membership or non-membership of a registered political party.
88.Subsection (4) provides that the Welsh Ministers are not required to provide services in respect of every under-represented group identified by virtue of subsection (2).
89.Subsection (5) sets out an exhaustive list of the services which may be provided under the arrangements required by this section. The services are information, advice, training, coaching and mentoring, work experience, equipment and assistance with tasks. Subsection (8) provides a power for the Welsh Ministers to make regulations to add to the list of services and amend or remove any services that are added by the regulations.
90.Subsection (6) requires the Welsh Ministers to ensure that in any arrangement put in place under this duty the Welsh Ministers are prohibited from making decisions in particular cases as to whether an individual is to receive a service under the arrangements.
Section 28 – Financial assistance schemes to promote diversity in persons seeking elected office
91.Subsection (1) enables the Welsh Ministers to provide by regulations for schemes of financial assistance to help candidates standing for election for membership of Senedd Cymru or the council of a county, county borough or community in Wales who have specified circumstances or specified characteristics overcome any barriers to their participation in the election connected to those characteristics or circumstances. “
92.Subsection (2) requires the Welsh Ministers make regulations to put in place a scheme of financial assistance to help disabled candidates in such elections overcome any barrier to their participation in the election connected to their disability.
93.Subsection (7) requires that the financial assistance schemes provided for by regulations under this section must not be directly operated by excluded persons. The excluded persons are set out in section 29, and the list of excluded persons includes the Welsh Ministers (as members of the Welsh Government), Ministers of the Crown, local authorities and others.
Section 29 – Excluded persons
94.This section lists the persons who must not operate a scheme of financial assistance provided for by regulations under section 28.
Section 30 – Guidance for political parties to promote diversity in persons seeking elected office
95.Subsection (1)(a) places a duty on the Welsh Ministers to issue guidance to encourage registered political parties to collect, collate and publish specified diversity information about their candidates for Senedd elections. The terms ‘diversity information’ and ‘specified’ are defined in subsection (3) of this section.
96.Subsection (1)(b) requires the Welsh Ministers to issue guidance to encourage registered political parties to develop, publish, implement and review strategies to promote the diversity of their candidates and to help candidates overcome barriers associated with specified characteristics or circumstances. Whereas the guidance in subsection (1)(a) is about candidates for Senedd elections, the guidance published under subsection (1)(b) is about candidates for all Welsh elections (which is defined in subsection (3)).
97.Subsection (2) provides that the Welsh Ministers must publish guidance under this section; and before 1 May 2025. Thereafter, the Welsh Ministers must review the published guidance from time to time, having regard to the cycle of elections relevant to subsections (1)(a) and (b).
98.Subsection (3) defines certain terms used in this section.
Chapter 5: Campaign Finance
Section 32 – Notional expenditure: candidates in local government elections
99.Section 32 removes the exception in section 90C(1A) of the 1983 Act so that the provision in section 90C(1A) explaining the meaning of notional expenditure incurred “on behalf of” a candidate also applies to an election in Wales under the Local Government Act 1972.
Section 33 – Notional and third party expenditure: Senedd Cymru elections
100.Section 33 amends sections 73(1A), 86(1A), and 94(8A) of, and paragraph 3(11) of Schedule 8A to PPERA so that the provisions in relation to notional spending by political parties and third parties also apply to campaign periods for Senedd Cymru elections.
Section 34 – Codes of practice on expenses
101.Section 34(1) amends paragraph 14A of Schedule 4A to the 1983 Act which enables the Electoral Commission to prepare a code of practice giving guidance on election expenses for candidates in local government elections in Wales. The amendment clarifies that the guidance can cover the application of the rules in relation to expenses incurred, ensuring that the codes of practice are sufficiently broad so as to include an explanation of the rules on all forms of expenditure.
102.This section also amends section 156(3)(aa) of PPERA so that no Senedd procedure applies to an order made by the Welsh Ministers bringing into force a code of practice prepared by the Electoral Commission in relation to election expenses at elections of the Senedd under Schedule 8 to PPERA . The section also makes further, more general amendments to section 156 to clarify the procedures that apply to statutory instruments made by the Welsh Ministers under the provisions of PPERA.
Section 35 – Authorised persons not required to pay through election agent
103.Section 35 amends section 73(5)(ca) of the 1983 Act, which was inserted by the Elections Act 2022, to enable payments to be made on behalf of a candidate or campaign during a local government election campaign in Wales, by an authorised person other than an election agent. This is intended to provide clarity to third parties who have been authorised by a candidate or agent to promote them, under section 75 of the 1983 Act. The amendment ensures that third parties are able to both incur and pay for authorised expenses under section 75, rather than the expenses having to be paid through the agent of the candidate they are promoting.
Section 36 – Restriction on which third parties may incur controlled expenditure
104.Section 36 introduces a further restriction on third parties that may incur controlled expenditure (including notional controlled expenditure) in connection with a Senedd election campaign. It does this by inserting a new section 89B into PPERA, providing that only those third parties that would fall within the categories of third party listed in section 88(2) of the 2000 Act are able to incur controlled expenditure expenses above a de minimis threshold of £700 during a Welsh devolved regulated period. Inserted section 89B also includes an either way offence of authorising expenses in breach of the section, which is punishable by fine.
Section 37 – Third parties capable of giving notifications
105.Section 37 inserts section 88(11) and (12) into PPERA, to allow the Welsh Ministers to amend the list in section 88(2) of third parties who can incur controlled expenditure during a Welsh devolved regulated period. Third parties can be added to or removed from the list, or the list can be varied, but removals or variations can only be effected on the recommendation of the Electoral Commission. The effect of section 37(3) is that any orders made by the Welsh Ministers under section 88(11) of PPERA will be subject to the Senedd’s affirmative resolution procedure.
Section 38 – Code of practice on controls relating to third parties
106.To support third parties’ understanding of the restrictions on expenditure, section 38 inserts subsection (1A) into section 100A of PPERA, which was inserted into PPERA by the Elections Act 2022. This requires the Electoral Commission to prepare a code of practice on controlled expenditure by third parties during a Welsh devolved regulated period. Section 38(4) inserts section 100C into PPERA which sets out the process the Electoral Commission must follow when preparing the code of practice, which includes them consulting with the Senedd, and any other persons the Electoral Commission considers appropriate. Section 100C also sets out the process to be followed before adopting a code proposed by the Commission under section 100A(1A) of PPERA. The effect of section 38(5) is that no Senedd procedure applies to an order made under section 100C(8).
Section 39 – Consequential amendments
107.Section 39 introduces Part 3 of Schedule 1, which contains a number of minor and consequential amendments to PPERA. The substantive amendments made to PPERA by the Act refer to Senedd Cymru elections, and the effect of the further amendments in Part 3 of Schedule 1 is to ensure there is consistency throughout PPERA when it is referring to those elections.
