Elections and Elected Bodies (Wales) Act 2024

Welsh election pilots E+W

5 Pilot regulations: powers E+W

(1) The Welsh Ministers may by regulations make Welsh election pilot provision (“pilot regulations”).

(2) Welsh election pilot provision is provision that—

(a) relates to one or more relevant electoral matters,

(b) has effect for a specified period or a specified Welsh election,

(c) applies in relation to an electoral area or two or more electoral areas, and

(d) is either—

(i) not in elections legislation,

(ii) different from provision in elections legislation, or

(iii) connected to provision of the kind specified in sub-paragraph (i) or (ii).

(3) The relevant electoral matters are—

(a) registration of persons eligible to vote in a Welsh election, including (among other things)—

(i) the rights and duties of individuals as regards registration,

(ii) the administration of registration and the register of electors,

(iii) access to and publication of the register of electors,

but it does not include any condition of eligibility for registration provided for in primary legislation;

(b) when, where and how voting at a Welsh election is to take place;

(c) how the votes cast at a Welsh election are to be counted;

(d) communication with voters about a Welsh election;

(e) processes and procedures before, on or after polling in a Welsh election.

(4) Welsh election pilot provision also includes provision made for the purpose of testing how the changes made by‍ sections 3 and 4work in practice—

(a) that has effect for a specified period or a specified Welsh election,

(b) that applies in relation to an electoral area or two or more electoral areas, and

(c) the effect of which corresponds to the effect of the amendments made by‍ sections 3 and 4 (or the subordinate legislation that may be made by virtue of those sections).

(5) Pilot regulations may implement proposals for pilot regulations made under this Act with or without modifications to the proposal.

(6) Pilot regulations may create, remove or modify offences.

(7) Pilot regulations must not create an offence that is punishable (or modify an offence so that it becomes punishable)—

(a) on conviction on indictment, with imprisonment for a term exceeding one year;

(b) on summary conviction, with imprisonment for a term exceeding the applicable limit for a summary offence or an either way offence (as the case may be) under section 224(1A) of the Sentencing Code (as it has effect from time to time).

(8) In this section—

• “electoral area” (“ardal etholiadol”) means—

  (a)

  in relation to the return of a member of Senedd Cymru, a Senedd constituency;

  (b)

  in relation to a local government election, the area of a council to which the election applies or any part of its area;

• “elections legislation” (“deddfwriaeth etholiadau”) means an enactment (whenever passed or made) that applies in relation to—

  (a)

  a Welsh election, or

  (b)

  registration of persons eligible to vote in a Welsh election;

• “primary legislation”(“deddfwriaeth sylfaenol”) means provision contained in an Act of Senedd Cymru or an Act of the Parliament of the United Kingdom;

• “specified” (“penodedig” ac “a bennir”) means specified in pilot regulations;

• “Welsh election” (“etholiad Cymreig”) means an election for the return of a member of—

  (a)

  Senedd Cymru;

  (b)

  the council of a county or county borough in Wales;

  (c)

  the council of a community in Wales.

Commencement Information

I1 S. 5 in force at 10.9.2024, see s. 72(1)(a)

6 Pilot regulations: requirements E+W

(1) Pilot regulations must specify—

(a) the objective of the pilot for which they make provision;

(b) the day before which the Electoral Commission must send its report under section 17.

(2) Pilot regulations must not make provision applying to the area of a principal council (or any part of it) unless—

(a) the principal council consents, or

(b) if the council does not consent, the Welsh Ministers have had regard to any recommendations made by the Democracy and Boundary Commission Cymru on whether the regulations should be made without the principal council’s consent.

(3) Subsection (2) does not apply to pilot regulations that only contain provision of the kind specified in section 5(4) if they are made before the end of the period of 12 months beginning with the day on which this Act receives Royal Assent.

(4) Pilot regulations must not modify section 9D of the 1983 Act (annual canvass) or any other provision relating to a canvass under that section unless the regulations implement a proposal (with or without modification) from a registration officer under section 11.

(5) Before making any pilot regulations under section 5 which relate to electoral registration without application, the Welsh Ministers must undertake consultation with such stakeholders as they consider appropriate, but in particular, with those that they deem to represent vulnerable groups.

Commencement Information

I2 S. 6 in force at 10.9.2024, see s. 72(1)(a)

7 Pilot regulations: procedure E+W

(1) The power to make pilot regulations is exercisable by statutory instrument.

(2) When a statutory instrument or a draft statutory instrument containing pilot regulations is laid before Senedd Cymru for the purposes of this section, the Welsh Ministers must also lay before the Senedd a copy of the report on the regulations prepared by the Democracy and Boundary Commission Cymru under section 14.

(3) If a statutory instrument or a draft statutory instrument containing pilot regulations laid before Senedd Cymru makes provision applying to the area of a principal council (or any part of it) to which the council has not given its consent, the Welsh Ministers must also lay a statement before the Senedd explaining why they consider the provision should be made without the council’s consent.

(4) A statutory instrument to which this subsection applies may not be made unless a draft of the instrument has been laid before and approved by a resolution of Senedd Cymru.

(5) Subsection (4) applies to a statutory instrument containing pilot regulations that make provision—

(a) applying to the area of a principal council (or any part of it) and the council has not given its consent,

(b) for a Welsh election pilot falling within section 5(4), or

(c) creating, or widening the scope of, a criminal offence.

(6) A statutory instrument containing pilot regulations to which subsection (5) does not apply is subject to annulment in pursuance of a resolution of Senedd Cymru.‍‍

Commencement Information

I3 S. 7 in force at 10.9.2024, see s. 72(1)(a)