Elections and Elected Bodies (Wales) Act 2024

CHAPTER 3 WELSH ELECTIONS PILOTING AND REFORM

Welsh election pilots

5 Pilot regulations: powers

(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.

6 Pilot regulations: requirements

(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.

7 Pilot regulations: procedure

(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.‍‍

Proposals for pilots

8 Proposals for pilots made by the Welsh Ministers

(1) Before making pilot regulations that have not been the subject of a proposal under sections 9 to 11, the Welsh Ministers must consult each returning officer for an area to which the regulations will apply about their proposals for the pilot to be provided for in the regulations.

(2) After consulting in accordance with subsection (1) and before making pilot regulations relating to any relevant electoral matter, the Welsh Ministers must—

(a) submit proposals for the pilot to be provided for in regulations to the Democracy and Boundary Commission Cymru, and

(b) have regard to the Commission’s report on the proposals under section 14.

(3) This section 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.

9 Proposals for pilots made by principal councils

(1) A principal council may propose to the Welsh Ministers that pilot regulations are made in relation to any relevant electoral matter in so far as it relates to local government elections.

(2) Before making a proposal under subsection (1), the principal council must consult the Welsh Ministers.

(3) After consulting in accordance with subsection (2) and before making a proposal under subsection (1), the principal council must—

(a) submit the proposal for the pilot to be provided for in regulations to the Democracy and Boundary Commission Cymru, and

(b) have regard to the Commission’s report on the proposal under section 14.

(4) If a principal council makes a proposal under subsection (1), it must send a copy of the Democracy and Boundary Commission Cymru report on the proposals under section 14 to the Welsh Ministers.

10 Proposals for pilots made jointly by the Electoral Commission and principal councils

(1) The Electoral Commission and one or more principal councils (“relevant councils”) may, acting jointly, propose to the Welsh Ministers that pilot regulations are made in relation to any relevant electoral matter in so far as it relates to local government elections.

(2) Before making a proposal under subsection (1), the Electoral Commission and each relevant council acting jointly must consult the Welsh Ministers.

(3) After consulting in accordance with subsection (2) and before making a proposal under subsection (1), the Electoral Commission and each relevant council acting jointly must—

(a) submit the proposal for the pilot to be provided for in regulations to the Democracy and Boundary Commission Cymru, and

(b) have regard to the Commission’s report on the proposal under section 14.

(4) If the Electoral Commission and each relevant council acting jointly makes a proposal under subsection (1), they must send a copy of the Democracy and Boundary Commission Cymru report on the proposal under section 14 to the Welsh Ministers.

11 Proposals for pilots made by electoral registration officers

(1) An electoral registration officer may propose to the Welsh Ministers that pilot regulations are made in relation to ascertaining—

(a) the names and addresses of persons who are not registered in a register but who are entitled to be registered;

(b) those persons who are registered in a register but who are not entitled to be registered.

(2) Before making a proposal under subsection (1), an electoral registration officer must consult the Welsh Ministers.

(3) After consulting in accordance with subsection (2) and before making a proposal under subsection (1), the electoral registration officer must—

(a) submit the proposal for the pilot to be provided for in regulations to the Democracy and Boundary Commission Cymru, and

(b) have regard to the Commission’s report on the proposal under section 14.

(4) If an electoral registration officer makes a proposal under subsection (1), the officer must send a copy of the Democracy and Boundary Commission Cymru report on the proposal under section 14 to the Welsh Ministers.

12 Joint proposals for pilots

(1) A person who may make a proposal under any of sections 9 to 11 may make the proposal jointly with one or more other persons making a proposal under any of those sections.

(2) Any duty to consult a person with whom the person makes a joint proposal does not apply.

(3) If the joint proposal relates to matters that the person does not have the power to propose, the person may still make the proposal in so far as the person does have the power to do so.

13 Electoral Commission recommendations

The Electoral Commission may recommend proposals for pilot regulations to a person that may make a proposal under any of sections 9 to 11.

Evaluation of pilot proposals

14 Evaluation of pilot proposals

(1) When proposals for pilot regulations are submitted to the Democracy and Boundary Commission Cymru under sections 8 to 11, the Commission must prepare a report on the proposals.

(2) The report must contain an assessment of—

(a) whether the objective of the proposed pilot is desirable;

(b) the likely costs and feasibility of the proposed pilot.

(3) In making its assessment for the purposes of the report, the Democracy and Boundary Commission Cymru must have regard to any relevant factors specified in regulations made by the Welsh Ministers.

(4) The report may contain recommendations on any matter the Democracy and Boundary Commission Cymru considers relevant to the proposed pilot.

(5) A public authority that submits proposals to the Democracy and Boundary Commission Cymru under any of sections 8 to 11 must give the Commission such assistance as the Commission may reasonably require in connection with the preparation of the report.

(6) The Democracy and Boundary Commission Cymru must send its report to the person who submitted the proposal before the end of a period of 6 weeks beginning with the day it receives the proposals.

(7) The Welsh Ministers must publish a report sent to them under this section or sections 9 to 11 when they make the pilot regulations.

(8) The power to make regulations in subsection (3) is exercisable by statutory instrument.

(9) A statutory instrument containing regulations under subsection (3) is subject to annulment in pursuance of a resolution of Senedd Cymru.

15 Welsh election pilot forums

(1) This section applies if—

(a) the Democracy and Boundary Commission Cymru has prepared a report on one or more proposals for pilot regulations under section 14,

(b) the proposals are for—

(i) a pilot in the area of more than one principal council, or

(ii) different pilots in the areas of different principal councils to take place at the same Senedd Cymru general election or the same ordinary elections of councillors, and

(c) the Commission considers it likely that the pilot or pilots will take place.

(2) The Democracy and Boundary Commission Cymru must establish a forum for discussion of issues relating to the pilot or pilots with a view to providing persons implementing the pilot or pilots with information and advice.

(3) A forum established under subsection (2) must include—

(a) the returning officers of each principal council participating in the pilot or pilots;

(b) representation of electoral administrators from each principal council participating in the pilot or pilots;

(c) one or more members of the Democracy and Boundary Commission Cymru with relevant experience.

(4) The Democracy and Boundary Commission Cymru may invite any person they consider appropriate to participate in a forum.

Guidance on pilots

16 Guidance on pilots

(1) In relation to each instrument containing pilot regulations, the Democracy and Boundary Commission Cymru must give guidance in writing to persons responsible for implementing the regulations.

(2) The guidance must include advice on—

(a) the arrangements needed for the pilot;

(b) the staff training required for the pilot;

(c) running the pilot in accordance with the pilot regulations.

(3) The guidance may include information or advice on any other matter the Democracy and Boundary Commission Cymru considers relevant to the pilot.

(4) The Welsh Ministers may by regulations specify further matters that the Democracy and Boundary Commission Cymru must include in the guidance.

(5) The power to make regulations in subsection (4) is exercisable by statutory instrument.

(6) A statutory instrument containing regulations under subsection (4) is subject to annulment in pursuance of a resolution of Senedd Cymru.

Evaluation of pilots

17 Evaluation of pilot regulations

(1) The Electoral Commission must prepare a report on the operation of the pilot regulations before the day specified under section 6(1)(b).

(2) The report must contain, in particular—

(a) a description of—

(i) the way in which the provision made by the pilot regulations differed from the provisions which would otherwise have applied, or

(ii) in the case of pilot regulations containing provision of the kind specified in section 5(4), the provisions being tested;

(b) a copy of the pilot regulations;

(c) an assessment of the success or otherwise of the pilot regulations in achieving the objective specified in the pilot regulations;

(d) an assessment of whether provision similar to that made by the pilot regulations should apply generally, and on a permanent basis, in relation to Welsh elections or any type of Welsh election.

(3) The principal council for any area or part of an area to which pilot regulations apply must give the Commission such assistance as the Commission may reasonably require in connection with the preparation of the report.

(4) The assistance may include—

(a) making arrangements for ascertaining the views of electors about the operation of the provisions of the pilot regulations;

(b) reporting to the Commission allegations of electoral offences or other malpractice.

(5) The Commission must send a copy of the report to—

(a) the Welsh Ministers,

(b) each returning officer for the election to which the pilot regulations applied, unless the report only relates to proposals made under section 11, and

(c) if the report relates to proposals made under section 11, each electoral registration officer for an area to which the pilot regulations applied,

before the day specified in the pilot regulations.

(6) A returning officer who receives a report under subsection (5) must publish the report before the end of the period of one month beginning with the day the officer receives the report from the Commission, unless the report only relates to proposals made under section 11.

(7) An electoral registration officer who receives a report under subsection (5) must publish the report before the end of the period of one month beginning with the day the officer receives the report from the Commission.

Reform following pilots

18 Electoral reform regulations

(1) The power in subsection (3) applies if—

(a) the Welsh Ministers consider, in the light of a report made under section 17 on the operation of pilot regulations, that it would be desirable to achieve the reform outcome in subsection (2) (“the reform outcome”), and

(b) the Electoral Commission recommends making regulations under this section to achieve the reform outcome.

(2) The reform outcome is for provision similar to that made by the pilot regulations to apply generally, and on a permanent basis, in relation to Welsh elections or any type of Welsh election.

(3) The Welsh Ministers may by regulations make provision for or in connection with relevant electoral matters to achieve the reform outcome (“electoral reform regulations”).

(4) Nothing in this section affects the other powers of the Welsh Ministers to make provision for or in connection with relevant electoral matters to achieve the reform outcome.

(5) Electoral reform regulations may create, remove or modify offences.

(6) Electoral reform 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).

(7) Electoral reform regulations may confer, remove or modify power to make subordinate legislation.

(8) If electoral reform regulations create a power to make subordinate legislation, the regulations must provide—

(a) that the subordinate legislation is to be made by statutory instrument, and

(b) that the instrument may not be made unless a draft of it has been laid before and approved by a resolution of Senedd Cymru.

19 Electoral reform regulations: procedure

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

(2) When a statutory instrument or a draft statutory instrument containing electoral reform 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 Electoral Commission under section 17.

(3) 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.

(4) Subsection (3) applies to a statutory instrument containing electoral reform regulations that make provision—

(a) modifying primary legislation,

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

(c) creating or amending a power to legislate.

(5) Any other statutory instrument containing electoral reform regulations is subject to annulment in pursuance of a resolution of Senedd Cymru, unless a draft of the instrument has been laid before, and approved by a resolution of, the Senedd.

(6) Subsection (7) applies if the Welsh Ministers are of the opinion that the appropriate procedure for a statutory instrument containing electoral reform regulations is for it to be subject to annulment in pursuance of a resolution of Senedd Cymru.

(7) The Welsh Ministers may not make the instrument so that it is subject to that procedure unless—

(a) condition 1 is met, and

(b) either condition 2 or 3 is met.

(8) Condition 1 is that the Welsh Ministers—

(a) have made a statement in writing to the effect that in their opinion the instrument should be subject to annulment in pursuance of a resolution of Senedd Cymru, and

(b) have laid before the Senedd—

(i) a draft of the instrument, and

(ii) a memorandum setting out the statement and the reasons for the Welsh Ministers’ opinion.

(9) Condition 2 is that a committee of Senedd Cymru charged with doing so has made a recommendation as to the appropriate procedure for the instrument.

(10) Condition 3 is that the period of 14 days beginning with the first day after the day on which the draft instrument was laid before Senedd Cymru as mentioned in subsection (8) has ended without any recommendation being made as mentioned in subsection (9).

(11) Nothing in this section prevents the Welsh Ministers from deciding at any time before a statutory instrument to which subsection (5) applies is made that another procedure should apply to the instrument.

(12) If after the expiry of the 40-day period the draft regulations laid under this section are approved by a resolution of Senedd Cymru, the Welsh Ministers may make regulations in the terms of the draft regulations, subject to subsection (13).

(13) The procedure in subsections (14) to (19) applies to the draft regulations instead of the procedure in subsection (12) if—

(a) either Senedd Cymru so resolves within the 30-day period, or

(b) a committee of Senedd Cymru charged with reporting on the draft regulations so recommends within the 30-day period and Senedd Cymru does not by resolution reject the recommendation within that period.

(14) The Welsh Ministers must have regard to—

(a) any representations,

(b) any resolution of Senedd Cymru, and

(c) any recommendations of a committee of Senedd Cymru charged with reporting on the draft regulations,

made during the 60-day period with regard to the draft regulations.

(15) If after the expiry of the 60-day period the Welsh Ministers wish to proceed with the draft regulations without material changes where material changes are recommended by a committee of Senedd Cymru charged with reporting on the draft regulations—

(a) the Welsh Ministers must lay before Senedd Cymru a statement explaining their reasons for not accepting the committee’s recommendations (whether wholly or partly), and

(b) if the draft regulations are subsequently approved by a resolution of Senedd Cymru, the Welsh Ministers may make regulations in the terms of the draft regulations.

(16) If after the expiry of the 60-day period the Welsh Ministers wish to proceed with the draft regulations without material changes where no material changes are recommended by a committee of Senedd Cymru charged with reporting on the draft regulations and the draft regulations are approved by a resolution of Senedd Cymru, the Welsh Ministers may make regulations in the terms of the draft regulations.

(17) If after the expiry of the 60-day period the Welsh Ministers wish to proceed with the draft regulations but with material changes, the Welsh Ministers must lay before Senedd Cymru—

(a) revised draft regulations, and

(b) a statement giving a summary of the changes proposed and, if subsection (18) applies, explaining the Welsh Ministers’ reasons for not accepting (whether wholly or partly) recommendations of a committee of Senedd Cymru charged with reporting on the draft regulations.

(18) This subsection applies if—

(a) the material changes in the revised draft regulations are materially different from changes recommended by the committee, or

(b) the revised draft regulations do not contain material changes recommended by the committee.

(19) If the revised draft regulations are approved by a resolution of Senedd Cymru, the Welsh Ministers may make regulations in the terms of the revised draft regulations.

(20) For the purposes of this section regulations are made in the terms of draft regulations or revised draft regulations if they contain no material changes to their provisions.

(21) In this section references to the “30-day”, “40-day” and “60-day” periods in relation to any draft regulations are to the periods of 30, 40 and 60 days beginning with the day on which the draft regulations were laid before Senedd Cymru.

(22) For the purposes of subsections (10) and (21) no account is to be taken of any time during which Senedd Cymru is dissolved or is in recess for more than 4 days.

(23) Section 6(1) of the Statutory Instruments Act 1946 (c. 36) as applied by section 11A of that Act (alternative procedure for certain instruments laid in draft before Senedd Cymru) does not apply in relation to any statutory instrument to which this section applies.

General

20 Publication

(1) Where this Chapter imposes a duty to publish anything, it must be published—

(a) electronically, and

(b) in such other manner as the person subject to the duty considers appropriate.

(2) The duty to publish electronically is—

(a) a duty to provide access free of charge, and

(b) a duty to publish on the person’s own website, if the person has one.

(3) Copies of anything published under subsection (1) may be supplied free of charge or on payment of such fee, not exceeding the cost of supplying the copy, as the person subject to the duty to publish may determine.

21 Regulations: ancillary provision

Pilot regulations and electoral reform regulations may—

(a) make consequential, supplementary, incidental, transitional or saving provision;

(b) modify any enactment (whenever passed or made);

(c) make different provision for different purposes or different areas.

22 Interpretation of this Chapter

In this Chapter—

• “electoral registration officer” (“swyddog cofrestru etholiadol”) means an officer appointed under section 8(2A) of the 1983 Act;

• “modify” (“addasu”) includes repeal, revoke and amend;

• “pilot regulations” (“rheoliadau peilot”) means regulations made under section 5;

• “electoral reform regulations” (“rheoliadau diwygio etholiadol”) means regulations made under section 18;

• “returning officer” (“swyddog canlyniadau”) means a returning officer (however described)—

  (a)

  appointed under section 35(1A) of the 1983 Act,

  (b)

  designated in accordance with an order made under section 13 of the Government of Wales Act 2006 (c. 32), or

  (c)

  appointed under regulations made by virtue of section 44 or 45 of the Local Government Act 2000 (c. 22);

• “relevant electoral matter” (“mater etholiadol perthnasol”) has the meaning given by section 5.

23 Consequential amendments

Part 2 of Schedule 1 makes consequential amendments relating to this Chapter.