The Senedd Cymru (Representation of the People) Order 2025

EXPLANATORY NOTE

(This note is not part of the Order)

This Order, the Senedd Cymru (Representation of the People) Order 2025 (referred to in these notes as “the Order”), makes provision for the conduct of elections and the return of members to Senedd Cymru (“the Senedd”) as constituted under the Government of Wales Act 2006, as amended by the Senedd Cymru (Members and Elections) Act 2024 (“the 2024 Act”).

The Order replaces the National Assembly for Wales (Representation of the People) Order 2007 (“2007 Order”), which is revoked subject to specific saving provisions.

Many of the provisions of the 2007 Order are reproduced in the Order, using updated language where appropriate to improve clarity and accessibility.

The Order reflects the following changes made by the 2024 Act—

(a) the changes to the number of constituencies and the number of seats for each constituency, and abolition of the five electoral regions, and

(b) the change to the way in which members will be elected in future, including—

(i) the closed list proportional system under which all members will be elected in the same way;

(ii) the fact voters will have only one vote, rather than two;

(iii) the provisions in the 2024 Act which permit a person to stand only once as a candidate at a general election. This is achieved by ensuring a registered political party list does not include a person who is included on any other list (whether in the same constituency or another), or a person who is standing as an individual candidate, and also by ensuring a person may not be an individual candidate if they appear on any party list, or as an individual candidate in any other constituency.

The Order also—

(a) incorporates the new residency requirements of candidates by amending the nomination process to require all candidates to declare they are included in a register of local government electors at an address within a Senedd constituency,

(b) gives effect to the requirement that the names of all validly nominated candidates for a constituency must be included on a ballot paper, namely any individual candidate and each candidate that appears on a list that is submitted by a registered political party, and

(c) implements the provisions of the 2024 Act regarding vacancies arising in Senedd seats between general elections in respect of both party list candidates and individual candidates, and in line with the 2024 Act no provision is made in the Order for the holding of by-elections where vacancies arise.

The Order applies to general elections to the Senedd held on and after 6 April 2026.

Summary of the Order

The Order sets out the way in which Senedd elections and the election campaign are to be conducted and includes provisions for legal challenge to a Senedd election. It also includes provisions relating to absent voting at Senedd elections.

Part 1 makes general provision relating to the Order including commencement, revocations, savings and interpretation.

Part 2 makes provision relating to the Senedd franchise and its exercise, namely voting at Senedd elections, including registration and absent voting; polling districts and places; combination of polls; related duties of returning officers; and voting offences.

Part 3 makes provision in connection with Senedd election campaigns including the appointment of election agents; donations to individual candidates; election expenses of candidates, including requirements for accounting for campaign expenditure; and publicity at elections, including free post. It also restates the offences relating to electoral activities at Senedd elections, for example, undue influence, treating, and bribery.

As a result of the reform of the Senedd effected by the 2024 Act, the provisions update election campaign limits in relation to individual candidates. The new limits reflect the change to a system of sixteen new larger Senedd constituencies, each returning six members. The Order introduces a longer “regulated period” during which individual candidates are required to account for their campaign expenditure which aligns with the period for which registered political parties are required to account. The majority of the provisions relating to campaign financing and expenditure apply only in relation to individual candidates standing at Senedd elections. The expenses of party list candidates are treated as party expenditure and as such will be accounted for under the Political Parties, Elections and Referendums Act 2000. The provisions of the Order relating to notional expenditure by individual candidates have also been updated to make it clear that candidates are only required to account for notional expenditure as an election expense where that expenditure has been directed, authorised or encouraged by the candidate or the candidate’s election agent.

In terms of the undue influence offence, the language describing the offence has been strengthened and modernised.

Part 4 of the Order makes provision in connection with the legal challenge of a Senedd election or return and details the election petition process. It provides for the election court to determine the validity of an election and/or return and report on any allegations of illegal and/or corrupt practice. It also outlines the consequences for a person being reported guilty or convicted of a corrupt or illegal practice, which include a person being incapable of being registered as an elector and/or being elected to the Senedd or as a member of a local authority in Wales. The provisions on penalties for corrupt and/or illegal practice have been narrowed so that the penalties regarding an inability to be elected to other legislatures have been removed and do not extend to holding elected office in reserved bodies.

Part 5 of the Order makes miscellaneous and supplemental provisions in connection with Senedd elections including advertisements; the translation and publication of forms; public notices; and declarations which are to be given by a returning officer at a Senedd election.

Schedule 1 makes detailed provision for applications for absent votes, that is, postal and proxy votes, and for the maintenance of records in connection with these applications.

Schedule 2 makes provision in connection with the procedure for postal ballots, including the issue and receipt of postal ballot papers at Senedd elections.

Schedule 3 makes provision for the combination of polls where the polls of Senedd general elections and local government by-elections in Wales fall on the same day. Part 1 of the Schedule makes provision for the allocation of functions to returning officers and contains provisions relating to expenditure. The remainder of the Schedule modifies the Senedd election rules in Schedule 5, the Local Elections (Principal Areas) (Wales) Rules 2021 (S.I. 2021/1459 (W. 374)) and the Local Elections (Communities) (Wales) Rules 2021 (S.I. 2021/1460 (W. 375)) as appropriate when the polls are combined.

Schedule 4 requires polls at Senedd elections and police and crime commissioner (“PCC”) elections to be combined where a general Senedd election and an ordinary election of PCCs are to be held on the same day. Unlike the 2007 Order, following changes made by the UK Government, under the Order it is no longer possible to combine the issue and receipt of postal ballot papers for these elections when the polls of those elections are combined. Part 1 of the Schedule makes provision for the division of functions between Senedd and PCC returning officers and contains provisions relating to expenditure. Part 2 of the Schedule modifies the Senedd election rules in Schedule 5 when the polls are combined.

Schedule 5 contains the rules for the conduct of Senedd elections and the return of Senedd members. They outline the process for the election, from publication of the notice of election through to the declaration of the result. The rules also make provision for post-election procedures. The rules reflect the changes made by the 2024 Act, and therefore make provision only for constituency elections, with only individual candidates and registered political parties elected in those constituencies. The rules relating to the nomination process have also been amended to reflect the addition of the new requirements in relation to residency and statements of party membership. The rule relating to the filling of vacancies has also been amended so that it clearly defines the time limits set for prospective members to take up an offer to be a member when a vacancy for a party list candidate arises.

Schedule 6 makes provision controlling donations to individual candidates.

Schedule 7 makes provision in connection with the election expenses of individual candidates.

Schedule 8 makes provision in connection with the use of rooms in school premises and meeting rooms in connection with Senedd election meetings.

Schedule 9 makes provision to modify the Election Petition Rules 1960 (1960 No. 543) in connection with their application in relation to Senedd election petitions, and provides an example petition that can be used by those challenging a Senedd election.

Schedule 10 contains an appendix of forms prescribed for use under the Order.

Schedule 11 contains amendments to other legislation consequential upon the Order.

Schedule 12 lists the instruments that are to be revoked upon the making of the Order.

Regulatory Impact Assessment

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefit of complying with this Order. A copy can be obtained from the Elections Division, Welsh Government, Cathays Park, Cardiff, CF10 3NQ and on the Welsh Government website at www.gov.wales.