Elections and Elected Bodies (Wales) Act 2024

CHAPTER 3 E+W DISQUALIFICATION, UNDUE INFLUENCE AND POLITICAL RESTRICTION OF OFFICES

Disqualification E+W

61 Disqualification from being a Member of the Senedd and a community councillor E+W

(1) The Government of Wales Act 2006 (c. 32) is amended as follows.

(2) In section 16 (disqualification from being a Member of the Senedd) in subsection (1)—

(a) in paragraph (za), omit “and 17B”;

(b) for paragraph (zc), substitute—

“(zc) is a member of the council of a county, a county borough or a community in Wales (but see section 17D),”.

(3) Omit section 17B.

(4) In section 17D (exception from disqualification by virtue of being a councillor)—

(a) in subsection (1), after “borough” insert “or community council”;

(b) in subsection (2), after “borough” insert “or community council”.

(5) Omit section 17E.

(6) Omit section 17F.

(7) The amendments made by this section have effect for the purposes of an election for membership of the Senedd at which a poll is held on or after 6 April 2026.

Commencement Information

I1 S. 61 in force at 10.9.2024, see s. 72(1)(b)

62 Disqualification for corrupt or illegal practice: local government elections E+W

In section 80A(1) of the Local Government Act 1972 (c. 70) (disqualification for election or being a member of a local authority in Wales), after paragraph (b) insert—

“(ba) the person is incapable of being elected to or holding elective office in a district council in Northern Ireland under Part 10 of the Electoral Law Act (Northern Ireland) 1962 (c. 14) (corrupt or illegal practices);”.

Commencement Information

I2 S. 62 in force at 9.11.2024, see s. 72(2)(d)

63 Disqualification for corrupt or illegal practice: Senedd Cymru elections E+W

In Schedule 1A to the Government of Wales Act 2006 (c. 32) (disqualification from being a Member of the Senedd or a candidate in an election to be a Member of the Senedd), after paragraph 5 insert—

“5A A person who is incapable of being elected to or holding elective office in a district council in Northern Ireland under Part 10 of the Electoral Law Act (Northern Ireland) 1962 (c. 14) having been reported guilty or convicted of a corrupt or illegal practice.”‍

Commencement Information

I3 S. 63 in force at 9.11.2024, see s. 72(2)(d)

Prospective

‍Undue influence E+W

64 Undue influence E+W

(1) The 1983 Act is amended as follows.

(2) In section 114A (undue influence offence inserted by section 8 of the Elections Act 2022), omit “or Wales”.

(3) In section 115 (undue influence offence: local government elections in Scotland and Wales)—

(a) in subsection (1), omit “or Wales”;

(b) in subsection (2), omit “or Wales”;

(c) in the heading, omit “and Wales”.

Commencement Information

I4 S. 64 not in force at Royal Assent, see s. 72(4)

Prospective

Political restriction of offices E+W

65 Political restriction of officers and staff E+W

(1) The Local Government and Housing Act 1989 (c. 42) is amended as follows.

(2) In section 1 (disqualification and political restriction of certain officers and staff)—

(a) in subsection (1A)—

(i) after “member of any local authority in Wales” insert “(including an elected mayor)”;

(ii) in paragraph (b), after “under a” insert “community council or”;

(b) in subsection (1B), after “any corporate joint committee” insert “, community council”;

(c) after subsection (1B) insert—

“(1C) A person shall be disqualified from becoming or remaining a member of a community council if that person holds a politically restricted post under any community council, corporate joint committee or local authority in Great Britain.”;

(d) after subsection (12) insert—

“(13) Subsections (5) and (6) of this section apply to a community council as they apply to a local authority in Wales.”.

(3) In section 2 (politically restricted posts)—

(a) after subsection (1B) insert—

“(1C) For the purposes of this Part the following persons are to be regarded as holding politically restricted posts under a community council—

(a) a paid officer having responsibility, for the purposes of section 151 of the Local Government Act 1972, for the administration of the financial affairs of the community council;

(b) a person holding a paid post that is for the time being specified by the community council in the list maintained in accordance with subsection (2) and any directions under section 3.”;

(b) after subsection (10C) insert—

“(10D) This section, other than subsection (1), applies in relation to a community council as it applies in relation to a local authority in Wales.

(10E) In the application of subsection (4) to a community council, the reference to the coming into force of this section has effect as if it were a reference to 6 May 2027.”.

(4) In section 3(9) (grant and supervision of exemptions from political restriction), after “corporate joint committee” insert “and a community council”.

(5) In section 10(2) (limit on paid leave for local authority duties), in the definition of “local authority”, after “corporate joint committee” insert “and a community council”.

(6) In section 12(2) (conflict of interest in staff negotiations), in the definition of “local authority”, after “corporate joint committee” insert “and a community council”.

Commencement Information

I5 S. 65 in force at 6.5.2027, see s. 72(3)