Elections and Elected Bodies (Wales) Act 2024

CHAPTER 4 E+W ACCESSIBILITY AND DIVERSITY: WELSH ELECTIONS

Prospective

Reports on assistance for disabled voters E+W

24 Reports by the Electoral Commission E+W

(1) The Political Parties, Elections and Referendums Act 2000 (c. 41) (“the 2000 Act”) is amended as follows.

(2) After section 5, insert—

“5A Further provision about reports on Welsh elections

(1) After an ordinary election of councillors for counties and county boroughs in Wales or communities in Wales, the Electoral Commission must prepare and publish (in such manner as the Commission may determine) a report on the administration of the election.

(2) Subsection (3) applies to—

(a) a report under section 5 relating to a Senedd Cymru general election;

(b) a report under subsection (1).

(3) The report must include a description of the steps taken by returning officers to assist persons with disabilities that would otherwise adversely affect their right to vote at the election.

(4) In subsection (3)—

• “disability”, in relation to doing a thing, includes a short term inability to do it;

• “returning officer”—

  (a)

  in the case of a Senedd Cymru general election, means a returning officer (however described) designated in accordance with an order made under section 13 of the Government of Wales Act 2006 (c. 32);

  (b)

  in the case of an ordinary election of councillors for local government areas, means an officer who is appointed under section 35(1A) of the Representation of the People Act 1983 (c. 2).”

(3) Until the coming into force of sections 8 (Senedd general elections) and 9 (vacant seats) of the Senedd Cymru (Members and Elections) Act 2024 (asc 4), section 5A(3) of the 2000 Act also applies to a report under section 5 of that Act relating to an election held under section 10 of the Government of Wales Act 2006 (c. 32) (election for Senedd Cymru in the case of a constituency vacancy).

Commencement Information

I1 S. 24 not in force at Royal Assent, see s. 72(4)

Candidate survey: local government elections E+W

25 Survey of councillors and unsuccessful candidates in local elections E+W

(1) The Local Government (Wales) Measure 2011 (nawm 4) is amended as follows.

(2) In section 1 (duty to conduct a survey)—

(a) in subsection (1), for “regulations” substitute “a direction”;

(b) for subsection (3) substitute—

“(3) The Welsh Ministers may give a direction to local authorities that—

(a) specifies the questions that must be asked in a survey;

(b) specifies requirements about—

(i) the form of the survey;

(ii) how the survey is to be conducted;

(iii) the collation of information from the survey.”;

(c) in subsection (3A), for “answer the prescribed questions” substitute “respond to the survey”;

(d) after subsection (3A), insert—

“(3B) A local authority may include questions in a survey, or arrange for the inclusion of questions in a survey, in addition to the questions required by a direction of the Welsh Ministers under this section.”;

(e) in subsection (4), for “prescribed” substitute “specified in a direction”.

(3) In section 2 (completion of a survey and publication of information), in subsection (2), for “any prescribed form or manner” substitute “in such form or manner as the Welsh Ministers may direct”.

(4) After section 3 (guidance about surveys), insert—

“3A Publication of directions about surveys

The Welsh Ministers must publish any direction given under section 1(3) or 2(2).”

Commencement Information

I2 S. 25 in force at 9.11.2024, see s. 72(2)(b)

Prospective

Welsh elections information platform E+W

26 Welsh elections information platform E+W

(1) The Welsh Ministers must by regulations provide for the establishment and operation of a Welsh elections information platform.

(2) A Welsh elections information platform is an electronic facility (such as a website, part of a website or a software application) to provide electors with up-to-date information, or access to up-to-date information from other electronic sources, about specified elections.

(3) For the purpose of subsection (2), regulations under subsection (1)—

(a) must specify—

(i) elections to Senedd Cymru;

(ii) ordinary elections to principal councils in Wales;

(b) may specify other local government elections in Wales.

(4) Regulations under subsection (1) may (among other things) make provision—

(a) conferring functions on persons or categories of person specified in the regulations;

(b) about the publication of information on the platform, including—

(i) the publication of candidate statements and other information about candidates and registered political parties;

(ii) information about accessibility arrangements that are in place at polling stations;

(c) conferring exemption from civil and criminal liability in connection with the publication of candidate statements and other‍ information about candidates and registered political parties;

(d) making the information on the platform available other than by electronic means.

(5) Regulations under subsection (1) must require—

(a) a report to be published about the exercise of functions conferred by the regulations—

(i) in the case of functions exercised in respect of Senedd Cymru elections, before the end of a period of 12 months beginning with the day of the poll for that election;

(ii) in the case of functions exercised in respect of ordinary elections of principal councils, before the end of a period of 12 months beginning with the day of the poll for those elections;

(b) the reports to be laid before Senedd Cymru.

(6) The power to make regulations under this section is exercisable by statutory instrument.

(7) A statutory instrument containing provision in regulations of the kind described in subsection (4)(c) may not be made unless a draft of the instrument has been laid before and approved by a resolution of Senedd Cymru.

(8) A statutory instrument containing any other provision in regulations under this section is subject to annulment in pursuance of a resolution of Senedd Cymru.

(9) In this section—

• “local government elections” (“etholiadau llywodraeth leol”) means elections of—

  (a)

  councillors for an electoral ward of a county or county borough,

  (b)

  councillors for a community ward or, in the case of a community where there are no wards, for the community, or

  (c)

  an elected mayor or elected executive member under regulations made by virtue of section 44 of the Local Government Act 2000 (c. 22);

• “specified” (“penodedig” ac “a bennir”) means specified in regulations under subsection (1).

Commencement Information

I3 S. 26 not in force at Royal Assent, see s. 72(4)

Diversity in persons seeking elected office E+W

Prospective

27 Services to promote diversity in persons seeking elected office E+W

(1) The Welsh Ministers must make arrangements for the provision of services to promote diversity in the protected characteristics and socio-economic circumstances of persons seeking to be elected as members of Senedd Cymru and the councils of counties, county boroughs and communities in Wales.

(2) The Welsh Ministers must, in discharging their duty under subsection (1), have regard to—

(a) 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 in Wales;

(b) the desirability of reducing the inequalities of outcome that result from socio-economic disadvantage;

(c) the desirability of services being available to persons regardless of their membership (or otherwise) of a registered political party.

(3) The question of whether a group is under-represented in the membership of a body must be considered, for the purposes of subsection (2)(a), by reference to the population served by the body.

(4) Subsection (1) does not require the provision of services in respect of every under-represented group that may be identified for the purposes of subsection (2)(a).

(5) The services that may be provided under subsection (1) are the provision of—

(a) information;

(b) advice;

(c) training;

(d) coaching and mentoring;

(e) work experience;

(f) equipment;

(g) assistance with tasks.

(6) The arrangements under subsection (1) must ensure that the Welsh Ministers do not make decisions in particular cases as to whether an individual is to receive a service under the arrangements.

(7) The arrangements under subsection (1) may include (among other things)—

(a) the provision of financial assistance to individuals who may benefit from services for the purpose of the individuals buying the services themselves;

(b) the provision of financial assistance to persons who provide services;

(c) financial assistance schemes for which provision is made by regulations under section 28.

(8) The Welsh Ministers may by regulations—

(a) add further services to subsection (5);

(b) amend services added under paragraph (a);

(c) remove services added under paragraph (a).

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

(10) A statutory instrument containing regulations under subsection (8) may not be made unless a draft of the instrument has been laid before and approved by a resolution of Senedd Cymru.

(11) In this section “protected characteristics” has the meaning given by section 4 of the Equality Act 2010 (c. 15).

(12) Nothing in this section limits any other power of the Welsh Ministers.

Commencement Information

I4 S. 27 not in force at Royal Assent, see s. 72(4)

Prospective

28 Financial assistance schemes to promote diversity in persons seeking elected office E+W

(1) The Welsh Ministers may by regulations provide for schemes of financial assistance (of any specified kind) to help candidates in a Welsh election having specified characteristics or specified circumstances overcome barriers to their participation in the election connected to those characteristics or circumstances.

(2) The Welsh Ministers must by regulations provide for a scheme of financial assistance (of any specified kind) to help disabled candidates in a Welsh election overcome barriers to their participation in the election connected to their disability.

(3) The regulations under subsection (2) may provide that only specified kinds of disabled candidate may be given financial assistance under the scheme.

(4) Before making regulations under subsection (1) or (2) the Welsh Ministers must consult such persons as they consider appropriate.

(5) The Welsh Ministers may make payments to a person operating a scheme established by regulations under this section, subject to terms and conditions determined by the Welsh Ministers, for the purpose of funding—

(a) financial assistance made under the scheme, and

(b) the costs of operating the scheme.

(6) Regulations under this section must appoint or provide for the appointment of a person to operate the scheme for which they provide.‍

(7) The scheme must not be operated by excluded persons (see section 29).

(8) Regulations under this section may—

(a) confer functions (including functions involving the exercise of a discretion) on a person;

(b) provide for the delegation of a person’s functions under the scheme—

(i) to the person’s staff;

(ii) where the person is a body, to members or a committee of the body;

(c) require a person on whom functions are conferred to keep, and make available for inspection, accounts and other records;

(d) require the person operating the scheme to publish specified information about financial assistance given in accordance with the scheme.

(9) Regulations under this section may not impose a duty to publish information where its publication would (taking the duty into account) contravene the data protection legislation (within the meaning of the Data Protection Act 2018 (c. 12)).

(10) Regulations under this section may include provision under which—

(a) financial assistance is given subject to conditions specified by, or in accordance with, the scheme;

(b) financial assistance is required to be repaid in circumstances specified by, or in accordance with, the scheme.

(11) The power to make regulations under this section is exercisable by statutory instrument.

(12) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of Senedd Cymru.

(13) In this section—

• “disabled” (“anabl”), in relation to a person, means having a physical, mental, intellectual or sensory impairment (including a temporary impairment) that, in interaction with any barrier, may hinder the person’s full and effective participation in society on an equal basis with others;

• “specified” (“penodedig” ac “a bennir”) means specified in regulations made under this section.

(14) Nothing in this section limits any other power of the Welsh Ministers.

Commencement Information

I5 S. 28 not in force at Royal Assent, see s. 72(4)

Prospective

29 Excluded persons E+W

The excluded persons for the purposes of section 28 are—

(a) a member of the Welsh Government;‍

(b) a United Kingdom government department;

(c) a‍ person employed in the civil service of the state;

(d) a member of the House of Commons;

(e) a member of the House of Lords;

(f) a Member of the Senedd;

(g) the Senedd Commission;

(h) a member of the staff of the Senedd (within the meaning of the Government of Wales Act 2006 (c. 32));

(i) the council of a county, county borough or community in Wales;

(j) a corporate joint committee established by regulations made under Part 5 of the Local Government and Elections (Wales) Act 2021 (asc 1);

(k) a National Park authority for a National Park in Wales;

(l) a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21), or a scheme to which section 4 of that Act applies;

(m) a police and crime commissioner;

(n) a company in respect of which a person mentioned in paragraphs (a) to (m) (or two or more of those persons together)—

(i) wholly owns the company,

(ii) owns a simple majority of shares in the company, or

(iii) owns more shares in the company than any other shareholder;

(o) a member of a body mentioned in paragraphs (i) to‍ (l);

(p) a member of the staff of a person mentioned in paragraphs‍ (i) to (m);

(q) a registered political party.

Commencement Information

I6 S. 29 not in force at Royal Assent, see s. 72(4)

30 Guidance for political parties to promote diversity in persons seeking elected office E+W

(1) The Welsh Ministers must issue guidance for registered political parties about—

(a) collecting, collating and publishing diversity information about candidates representing registered political parties at elections for the return of members of Senedd Cymru;

(b) developing, publishing, implementing and reviewing strategies for—

(i) promoting diversity in the specified characteristics and specified circumstances of candidates representing registered political parties at Welsh elections, and

(ii) helping candidates representing registered political parties at Welsh elections overcome barriers to their participation in the elections connected to having those characteristics or circumstances.

(2) The Welsh Ministers—

(a) must publish guidance under this section;

(b) must publish the first guidance under this section before 1 May 2025;

(c) must review published guidance from time to time, having regard to the cycle of ordinary general elections for membership of Senedd Cymru and, in relation to guidance under subsection (1)(b), the cycle of ordinary elections for membership of the councils of counties, county boroughs and communities in Wales and elected mayors;

(d) may revise published guidance at any time.

(3) In this section—

• “diversity information” (“gwybodaeth am amrywiaeth”) means specified information relating to a person’s personal characteristics or personal circumstances;

• “elected mayor” (“maer etholedig”) means an elected mayor of a council of a county or county borough in Wales;

• “specified” (“penodedig”) means specified in guidance under this section;

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

  (a)

  a member of Senedd Cymru;

  (b)

  a member of the council of a county or county borough in Wales;

  (c)

  a member of the council of a community in Wales;

  (d)

  an elected mayor.

Commencement Information

I7 S. 30 in force at 9.11.2024, see s. 72(2)(c)

Prospective

General E+W

31 Interpretation of this Chapter E+W

In this Chapter—

• “financial assistance” (“cymorth ariannol”) means grants, loans or guarantees;

• “registered political party” (”plaid wleidyddol gofrestredig”) means a party registered under Part 2 of the 2000 Act.

Commencement Information

I8 S. 31 not in force at Royal Assent, see s. 72(4)