Part 1 - the Senedd and Welsh Ministers
5.This Part makes provision to change the number of Members of the Senedd, by way of amending the number of constituencies and the number of seats for each constituency and (in conjunction with the changes to the electoral system being made by Part 2) abolishing the five electoral regions. It makes associated changes, such as providing for the specification of Senedd constituencies by reference to regulations made to implement the boundary reviews provided for in Part 4, and it provides power to the Senedd to elect a second Deputy Presiding Officer, in addition to the Deputy Presiding Officer that must be appointed at the first meeting of the Senedd under Section 25(1)(b) of the Government of Wales Act 2006. It likewise provides for an increase in the maximum number of Welsh Ministers that can hold office at the same time. The Act changes the frequency of ordinary general elections to the Senedd, and disqualifies from standing for election to the Senedd, or from remaining as a Member of the Senedd, a person who is not registered in the register of local government electors at an address within a Senedd constituency. It provides for a requirement that the Presiding Officer asks the Senedd, by way of a motion tabled, to establish a committee to explore practical and legislative considerations relating to job sharing of certain offices.
Section 1 - Number of Members of the Senedd and Senedd constituencies
6.Section 1 amends the Government of Wales Act 2006 (“
Section 2 - Senedd constituencies
7.Section 2 amends the 2006 Act to provide for the Senedd’s constituencies under the new electoral system. For the first election held after 6 April 2026, the constituencies will be specified in regulations made under paragraph 9 of Schedule 2 to the Act. Subsequently, they will be specified in regulations under section 49J of the Democracy and Boundary Commission Cymru etc. Act 2013 (the short title of that Act is currently the Local Government (Democracy) (Wales) Act 2013, but in light of the changes being made to that Act by this Act, discussed below, section 17 of the Act makes provision to change its name). This means that the Members of the Senedd will be exclusively elected from the 16 Senedd constituencies (there will be no regional Members).
Section 3 - Frequency of ordinary general elections
8.Section 3 amends section 3 of the 2006 Act to change the frequency of ordinary general elections so as to take place every four years, rather than every five years.
Section 4 - Additional Deputy Presiding Officer
9.Section 4 amends section 25 of the 2006 Act to provide for the Senedd to be able to elect a second Deputy Presiding Officer, in addition to the Deputy Presiding Officer that must be elected at the first meeting of the Senedd under section 25(1)(b) of the 2006 Act. The Standing Orders of the Senedd may provide for the additional Deputy Presiding Officer to hold office for a shorter period of time than the default position provided for in the 2006 Act (namely, staying in office until the dissolution of the Senedd during which the Deputy Presiding Officer was elected).
10.Section 4 also provides for certain restrictions on the Senedd’s choice of a second Deputy Presiding Officer. They cannot be from the same political group as either the Presiding Officer or other Deputy Presiding Officer, and they cannot be a Member of a non-executive group if both the Presiding Officer and Deputy Presiding Officer are Members of non-executive groups (a non-executive group means a political group within the Senedd which does not have any Members in the acting Government of the time (i.e. the executive)). However, it also provides that these restrictions can be overridden by a two-thirds majority vote in the Senedd.
11.Unless otherwise stated above, the effect of section 4 is that the legislative duties, powers, and other requirements that apply to the Deputy Presiding Officer that must be appointed at the first meeting of the Senedd under Section 25(1)(b) of the 2006 Act also apply to any additional Deputy Presiding Officer. This section also makes related amendments to the 2006 Act and other legislation.
Section 5 - Increase in maximum number of Welsh Ministers
12.Section 5 provides, by amending section 51 of the 2006 Act, for an increase to the maximum number of Welsh Ministers that can hold office at the same time, from 12 to 17. This limit includes Deputy Ministers (see the definition of “Welsh Ministerial office” in section 51 of the 2006 Act) but does not include the First Minister and Counsel General. Section 5 also provides for a regulation making power for the limit to be increased in the future, to a maximum of 19. The power can only be used to increase the number- it cannot be used to decrease the number (in practice, a First Minister has always been able to appoint fewer Welsh Ministers than the maximum, as section 51 imposes a limit on the number of Welsh Ministers, rather than setting a required number of Welsh Ministers; the amendments made by this Act do not affect this). A statutory instrument containing regulations increasing the limit may not be made unless a resolution of the Senedd approving the draft instrument has been voted for by at least 64 Members (i.e. two-thirds of total number of seats in the Senedd, regardless of whether any seats are empty at the time of the vote).
Section 6 - Disqualification from being a Member of the Senedd or a candidate
13.Section 6, by amending Schedule 1A to the 2006 Act, disqualifies from standing for election to the Senedd, or from being a Member of the Senedd, a person who is not registered in the register of local government electors at an address within a Senedd constituency.
Section 7- Review of possible job-sharing of offices relating to the Senedd
14.Section 7 makes provision requiring the Presiding Officer to table a motion proposing that the Senedd establishes a committee to review the extent to which persons should be able to jointly hold a relevant office (i.e. to ‘job-share’) or to temporarily hold a relevant office while the person holding that office is unavailable. “
15.If it were agreed by the Senedd that such a review is to be undertaken, that review could include consideration of both the practical and legislative implications. The motion tabled by the Presiding Officer must also propose that the committee prepares a report on its review, with recommendations. If a committee established under this motion lays a report on its review before the Senedd, the Welsh Ministers must lay a statement before the Senedd setting out their response to the report and any steps they propose to take, which may include legislative steps.
