Elections and Elected Bodies (Wales) Act 2024

38 Code of practice on controls relating to third parties E+W

(1) The 2000 Act is amended as follows.

(2) In section 100A (code of practice on controlled expenditure)—

(a) after subsection (1) insert—

“(1A) The Commission must prepare a code of practice about the operation of this Part in relation to a Welsh devolved regulated period.”;

(b) in subsection (2), for “The code” substitute “A code”;

(c) in subsection (3), for “the code” substitute “a code”;

(d) in subsection (4), for “the code” substitute “a code”;

(e) after subsection (5) insert—

“(5A) It is a defence for a third party charged with an offence under any provision of this Part, where the offence relates to expenditure incurred or treated as incurred by a third party during a Welsh devolved regulated period to show—

(a) that the code, in the form for the time being issued under section 100C, was complied with by the third party in determining whether the expenditure is controlled expenditure for the purposes of this Part, and

(b) that the offence would not have been committed on the basis of the controlled expenditure as determined in accordance with the code.”;

(f) after subsection (6) insert—

“(6A) In this section “Welsh devolved regulated period means a period in relation to which any limit is imposed by paragraph 6 of Schedule 10 (regulated period for general elections to Senedd Cymru).”;

(g) in subsection (7), after “revised code” insert “under subsection (1)”;

(h) after subsection (7) insert—

“(8) Section 100C sets out consultation and procedural requirements relating to the code or any revised code under subsection (1A).”

(3) In section 100B (code of practice: consultation and procedural requirements), in subsection (1), after “100A” insert “(1)”.

(4) After section 100B insert—

“100C Code of Practice: consultation and procedural requirements on controlled expenditure in Senedd Cymru elections

(1) The Commission must consult the following on a draft of a code under section 100A(1A)—‍

(a) Senedd Cymru (“the Senedd”);

(b) such other persons as the Commission consider appropriate.

(2) After the Commission have carried out the consultation required by subsection (1), the Commission must—

(a) make whatever modifications to the draft code the Commission consider necessary in light of responses to the consultation, and

(b) submit the draft to the Welsh Ministers for approval by the Welsh Ministers.

(3) The Welsh Ministers may approve a draft code either without modifications or with such modifications as the Welsh Ministers may determine.

(4) Once the Welsh Ministers have approved a draft code, they must lay a copy of the draft before‍ the Senedd, whether—

(a) in its original form, or

(b) in a form which incorporates any modifications determined under subsection (3).

(5) If the draft code incorporates modifications, the Welsh Ministers must at the same time lay before the Senedd a statement of their reasons for making them.

(6) If, within the 40-day period, the Senedd resolves not to approve the draft code, the Welsh Ministers must take no further steps in relation to it.

(7) Subsection (6) does not prevent a new draft code from being laid before the Senedd.

(8) If no resolution of the kind mentioned in subsection (6) is made within the 40-day period—

(a) the Welsh Ministers must issue the code in the form of the draft laid before the Senedd,

(b) the code comes into force on the date appointed by the Welsh Ministers by order, and

(c) the Commission must arrange for the code to be published in such manner as the Commission consider appropriate.

(9) References in this section (other than in subsection (1)) to a code or draft code include a revised code or draft revised code.

(10) In this section “the 40-day period”, in relation to a draft code, means the period of 40 days beginning with the day on which the draft is laid before the Senedd, no account being taken of any period during which the Senedd is dissolved or is in recess for more than four days.”

(5) In section 156 (orders and regulations), in subsection (3), after paragraph (za) insert—

“(zb) an order under section 100C(8);”.

(6) In Schedule 8A (controlled expenditure: qualifying expenses), in paragraph 3(11) for “and 100B” substitute “, 100B and 100C”.

Commencement Information

I1 S. 38 not in force at Royal Assent, see s. 72(4)

I2 S. 38 in force at 1.1.2025 by S.I. 2024/1337, art. 2(m)