The Representation of the People (Election Expenses Exclusion) (Wales) (Amendment) Order 2020

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the National Assembly for Wales (Representation of the People) Order 2007 (“the 2007 Order”) which contains provisions in relation to Senedd elections, the Representation of the People Act 1983 (“the 1983 Act”) which contains provisions in relation to local government elections and the Political Parties, Elections and Referendums Act 2000 (“the 2000 Act”) which contains provisions in relation to both Senedd and local government elections.

The 2007 Order and subsequent amendment Orders were made by the Secretary of State, but the enabling powers were transferred to the Welsh Ministers by the Wales Act 2017.

Part 2 of this Order amends Part 2 of Schedule 7 to the 2007 Order.

The 2007 Order sets out certain requirements in relation to “election expenses” as defined in article 63 of that Order. These include a limitation on the permitted amount of such expenses, as set out in article 47 of that Order.

Part 2 of Schedule 7 to the 2007 Order sets out a list of matters which are “excluded” from being “election expenses” within the meaning of article 63 of that Order. Those matters are not subject to the requirements described above, including those that limit the amount of permitted expenses.

Article 3 of this Order adds to that list, matters of expenditure incurred by or on behalf of a disabled candidate that are reasonably attributable to the candidate’s disability. That expenditure must itself, be reasonably incurred.

Article 3 of this Order also adds to that list, matters of expenditure incurred by or on behalf of a candidate that are attributable to, or a consequence of, translating anything from English into Welsh or from Welsh into English.

Part 3 of this Order amends Part 2 of Schedule 4A to the 1983 Act.

The 1983 Act sets out certain requirements in relation to “election expenses” as defined in section 90ZA of that Act. These include a limitation on the permitted amount of such expenses, as set out in section 76 of that Act.

Part 2 of Schedule 4A to the 1983 Act sets out a list of matters which are “excluded” from being “election expenses” within the meaning of section 90ZA of that Act. Those matters are not subject to the requirements set out above, including those that limit the amount of permitted expenses.

Article 5 of this Order adds to that list, matters of expenditure incurred by or on behalf of a disabled candidate that are reasonably attributable to the candidate’s disability. That expenditure must itself, be reasonably incurred.

Article 5 of this Order also adds to that list, matters of expenditure incurred by or on behalf of a candidate that are attributable to, or a consequence of, translating anything from English into Welsh or from Welsh into English.

Part 4 of this Order amends Part 1 of Schedule 8 to the 2000 Act as it applies to party candidates at both Senedd and local government elections.

The 2000 Act sets out certain requirements in relation to “campaign expenditure” as defined in section 72 of that Act. These include a limitation on the permitted amount of such expenses, as set out in section 79 of that Act.

Part 1 of Schedule 8 to the 2000 Act sets out a list of matters which are “excluded” from being “campaign expenditure” within the meaning of section 72 of that Act. Those matters are not subject to the requirements set out above, including those that limit the amount of permitted campaign expenditure.

Article 7 of this Order adds to that list, matters of expenditure incurred by or on behalf of a disabled candidate that are reasonably attributable to the candidate’s disability. That expenditure must itself, be reasonably incurred.

Article 7 of this Order also adds to that list, matters of expenditure incurred by or on behalf of a candidate that are attributable to, or a consequence of, translating anything from English into Welsh or from Welsh into English.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with this Order as it implements routine technical amendments which have no impact, or no significant, impact on the private, voluntary or public sectors.