99.Section 32 removes the exception in section 90C(1A) of the 1983 Act so that the provision in section 90C(1A) explaining the meaning of notional expenditure incurred “on behalf of” a candidate also applies to an election in Wales under the Local Government Act 1972.
100.Section 33 amends sections 73(1A), 86(1A), and 94(8A) of, and paragraph 3(11) of Schedule 8A to PPERA so that the provisions in relation to notional spending by political parties and third parties also apply to campaign periods for Senedd Cymru elections.
101.Section 34(1) amends paragraph 14A of Schedule 4A to the 1983 Act which enables the Electoral Commission to prepare a code of practice giving guidance on election expenses for candidates in local government elections in Wales. The amendment clarifies that the guidance can cover the application of the rules in relation to expenses incurred, ensuring that the codes of practice are sufficiently broad so as to include an explanation of the rules on all forms of expenditure.
102.This section also amends section 156(3)(aa) of PPERA so that no Senedd procedure applies to an order made by the Welsh Ministers bringing into force a code of practice prepared by the Electoral Commission in relation to election expenses at elections of the Senedd under Schedule 8 to PPERA . The section also makes further, more general amendments to section 156 to clarify the procedures that apply to statutory instruments made by the Welsh Ministers under the provisions of PPERA.
103.Section 35 amends section 73(5)(ca) of the 1983 Act, which was inserted by the Elections Act 2022, to enable payments to be made on behalf of a candidate or campaign during a local government election campaign in Wales, by an authorised person other than an election agent. This is intended to provide clarity to third parties who have been authorised by a candidate or agent to promote them, under section 75 of the 1983 Act. The amendment ensures that third parties are able to both incur and pay for authorised expenses under section 75, rather than the expenses having to be paid through the agent of the candidate they are promoting.
104.Section 36 introduces a further restriction on third parties that may incur controlled expenditure (including notional controlled expenditure) in connection with a Senedd election campaign. It does this by inserting a new section 89B into PPERA, providing that only those third parties that would fall within the categories of third party listed in section 88(2) of the 2000 Act are able to incur controlled expenditure expenses above a de minimis threshold of £700 during a Welsh devolved regulated period. Inserted section 89B also includes an either way offence of authorising expenses in breach of the section, which is punishable by fine.
105.Section 37 inserts section 88(11) and (12) into PPERA, to allow the Welsh Ministers to amend the list in section 88(2) of third parties who can incur controlled expenditure during a Welsh devolved regulated period. Third parties can be added to or removed from the list, or the list can be varied, but removals or variations can only be effected on the recommendation of the Electoral Commission. The effect of section 37(3) is that any orders made by the Welsh Ministers under section 88(11) of PPERA will be subject to the Senedd’s affirmative resolution procedure.
106.To support third parties’ understanding of the restrictions on expenditure, section 38 inserts subsection (1A) into section 100A of PPERA, which was inserted into PPERA by the Elections Act 2022. This requires the Electoral Commission to prepare a code of practice on controlled expenditure by third parties during a Welsh devolved regulated period. Section 38(4) inserts section 100C into PPERA which sets out the process the Electoral Commission must follow when preparing the code of practice, which includes them consulting with the Senedd, and any other persons the Electoral Commission considers appropriate. Section 100C also sets out the process to be followed before adopting a code proposed by the Commission under section 100A(1A) of PPERA. The effect of section 38(5) is that no Senedd procedure applies to an order made under section 100C(8).
107.Section 39 introduces Part 3 of Schedule 1, which contains a number of minor and consequential amendments to PPERA. The substantive amendments made to PPERA by the Act refer to Senedd Cymru elections, and the effect of the further amendments in Part 3 of Schedule 1 is to ensure there is consistency throughout PPERA when it is referring to those elections.