Elections and Elected Bodies (Wales) Act 2024

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

I1 S. 28 not in force at Royal Assent, see s. 72(4)