2021 No. 335 (W. 90)

Constitutional Law
Representation Of The People, Wales

The Senedd Cymru (Representation of the People) (Amendment) Order 2021

Approved by Senedd Cymru

Made

Laid before Senedd Cymru

Coming into force

The Welsh Ministers make this Order in exercise of the powers conferred on them by sections 13(1) and (2) and 157(2)(c) of the Government of Wales Act 20061 as extended by section 26(3) of the Welsh Language Act 19932.

In accordance with section 12(3) of the Welsh Elections (Coronavirus) Act 20213, this instrument has been laid before and approved by a resolution of Senedd Cymru within 28 days of it being made.

In accordance with section 7(1) and (2)(f) of the Political Parties, Elections and Referendums Act 20004, the Welsh Ministers have consulted with the Electoral Commission prior to it being made.

PART 1General

Title, commencement, interpretation and application1

1

The title of this Order is the Senedd Cymru (Representation of the People) (Amendment) Order 2021.

2

This Order comes into force the day after the day on which it is made.

3

This Order only applies to an ordinary general election for membership of Senedd Cymru which takes place in 2021.

4

In this Order—

  • “the 2007 Order” (“Gorchymyn 2007”) means the National Assembly for Wales (Representation of the People) Order 20075;

  • “the 2021 election” (“etholiad 2021”) means an ordinary general election for membership of Senedd Cymru the poll of which is due to be held in 2021.

Amendment of the 2007 Order2

The 2007 Order is amended in accordance with Parts 2 and 3.

PART 2Delivery of nomination papers

3

In rule 1(1) (timetable for conduct of proceedings at a Senedd election) of Schedule 5, in the column of the table headed “Time”, in the entry corresponding to the entry “Delivery of nomination papers.”, in the first sentence of that column, after “notice of election but not later than” insert “4 in the afternoon on”.

PART 3Home address form

4

In article 2(1) (interpretation), in the appropriate place insert—

  • “UK Parliamentary constituency” means a constituency specified in an Order in Council made under section 4 of the Parliamentary Constituencies Act 19866.

5

1

Schedule 5 (Senedd Election Rules) is amended as follows.

2

In rule 4(4B)(b)(i), after “state the” insert “Senedd Cymru or, if the candidate resides outside Wales, UK Parliamentary”.

3

In rule 6(4B)(b)(i), after “state the” insert “Senedd Cymru or, if the candidate resides outside Wales, UK Parliamentary”.

4

In rule 7(6B)(b)(i), after “state the” insert “Senedd Cymru or, if the candidate resides outside Wales, UK Parliamentary”.

6

In Schedule 10 (Appendix of forms), in Part 2 of form CZ, after “name of Senedd Cymru” insert “or, if the candidate resides outside Wales, UK Parliamentary”.

Mark DrakefordFirst Minister of Wales, one of the Welsh Ministers
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”).

The 2007 Order was made by the Secretary of State, but the enabling powers were transferred to the Welsh Ministers by the Wales Act 2017. The Welsh Ministers made their first Order in relation to the conduct of Senedd Cymru elections in 2020, namely the Senedd Cymru (Representation of the People) (Amendment) Order 2020 (“the 2020 Order”).

Article 3 of this Order amends the 2007 Order to change the time for delivery of nomination papers to 4 p.m. on the 19th day before the day of the election.

Articles 4, 5 and 6 of this Order amend paragraphs 4, 6 and 7 of Schedule 5, and Part 2 of form CZ (Home address form) in Schedule 10, to the 2007 Order. The amendments require a candidate, who does not want their home address made public, to provide either their Senedd Cymru constituency, or if they reside outside Wales, their UK Parliamentary constituency where their home address is located. Form CZ is amended to reflect this change also.

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.