Legislation – Elections and Elected Bodies (Wales) Act 2024

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Introduction

PART 1
ELECTORAL ADMINISTRATION AND REGISTRATION

CHAPTER 1 CO-ORDINATION OF ELECTORAL ADMINISTRATION

1 Electoral Management Board of Democracy and Boundary Commission Cymru

2 Minor and consequential amendments

CHAPTER 2 ELECTORAL REGISTRATION WITHOUT APPLICATIONS

3 Duty to register local government electors

4 Provision connected to the duty to register eligible local government electors

CHAPTER 3 WELSH ELECTIONS PILOTING AND REFORM

Welsh election pilots

5 Pilot regulations: powers

6 Pilot regulations: requirements

7 Pilot regulations: procedure

Proposals for pilots

8 Proposals for pilots made by the Welsh Ministers

9 Proposals for pilots made by principal councils

10 Proposals for pilots made jointly by the Electoral Commission and principal councils

11 Proposals for pilots made by electoral registration officers

12 Joint proposals for pilots

13 Electoral Commission recommendations

Evaluation of pilot proposals

14 Evaluation of pilot proposals

15 Welsh election pilot forums

Guidance on pilots

16 Guidance on pilots

Evaluation of pilots

17 Evaluation of pilot regulations

Reform following pilots

18 Electoral reform regulations

19 Electoral reform regulations: procedure

General

20 Publication

21 Regulations: ancillary provision

22 Interpretation of this Chapter

23 Consequential amendments

CHAPTER 4 ACCESSIBILITY AND DIVERSITY: WELSH ELECTIONS

Reports on assistance for disabled voters

24 Reports by the Electoral Commission

Candidate survey: local government elections

25 Survey of councillors and unsuccessful candidates in local elections

Welsh elections information platform

26 Welsh elections information platform

Diversity in persons seeking elected office

27 Services to promote diversity in persons seeking elected office

28 Financial assistance schemes to promote diversity in persons seeking elected office

29 Excluded persons

30 Guidance for political parties to promote diversity in persons seeking elected office

General

31 Interpretation of this Chapter

CHAPTER 5 CAMPAIGN FINANCE

Expenditure in respect of local government elections

32 Notional expenditure: candidates in local government elections

Expenditure in respect of Senedd Cymru elections

33 Notional and third party expenditure: Senedd Cymru elections

34 Codes of practice on expenses

35 Authorised persons not required to pay through election agent

36 Restriction on which third parties may incur controlled expenditure

37 Third parties capable of giving notification

38 Code of practice on controls relating to third parties

General

39 Minor and consequential amendments

PART 2
ELECTED BODIES AND THEIR MEMBERS

CHAPTER 1 ARRANGEMENTS FOR LOCAL GOVERNMENT

Electoral arrangements reviews: principal councils

40 Considerations for a review of principal area electoral arrangements

41 Review period for principal area reviews

Reviews of seaward boundaries

42 Review of seaward boundaries

Consultation and consideration of representations

43 Electoral review recommendations and decisions: duty to have regard to representations

44 Names of electoral wards

45 Consultation on reviews

46 Meaning of “mandatory consultees” in Part 3 of the 2013 Act

Timing of reviews and implementation

47 Electoral review recommendations and decisions: period before a local election

48 Deadline for completion of reviews

49 Deadline for completion of implementation

50 Directions to pause reviews

Community reviews and status as towns

51 Community reviews and implementation

52 Notice of resolutions on status of communities as towns

Publication of information: arrangements for local government

53 Publication of orders under Part 3 of the 2013 Act

54 Publication of up-to-date lists of communities and community councils

General

55 Transitional provision

CHAPTER 2 REMUNERATION OF ELECTED MEMBERS

Abolition of the Independent Remuneration Panel for Wales

56 Abolition of Independent Remuneration Panel for Wales

Functions of the Democracy and Boundary Commission Cymru

57 Democracy and Boundary Commission Cymru functions relating to remuneration

58 Transfer of property, rights and liabilities

59 Minor and consequential amendments

60 Savings

CHAPTER 3 DISQUALIFICATION, UNDUE INFLUENCE AND POLITICAL RESTRICTION OF OFFICES

Disqualification

61 Disqualification from being a Member of the Senedd and a community councillor

62 Disqualification for corrupt or illegal practice: local government elections

63 Disqualification for corrupt or illegal practice: Senedd Cymru elections

‍Undue influence

64 Undue influence

Political restriction of offices

65 Political restriction of officers and staff

CHAPTER 4 DEMOCRACY AND BOUNDARY COMMISSION CYMRU

66 Democracy and Boundary Commission Cymru: persons who may not be members etc.

67 Democracy and Boundary Commission Cymru: governance and audit committee

68 Democracy and Boundary Commission Cymru: power to charge

PART 3
GENERAL PROVISION

69 Regulations: restrictions

70 General interpretation

71 Power to make consequential and transitional provision etc.

72 Coming into force

73 Short title

SCHEDULES

SCHEDULE 1 MINOR AND CONSEQUENTIAL AMENDMENTS

PART 3GENERAL PROVISION

69Regulations: restrictions

(1)

Regulations under this Act—

(a)

may not include provision that would require the consent of the appropriate Minister under paragraph 8(1)(a) or (c), 10 or 11 of Schedule 7B to the Government of Wales Act 2006 (c. 32) if the provision were included in an Act of Senedd Cymru;

(b)

may not include provision that would require consultation of the appropriate Minister under paragraph 11(2) of Schedule 7B to that Act if the provision were included in an Act of Senedd Cymru.

(2)

In this section “appropriate Minister” has the meaning given by paragraph 8(5) of Schedule 7B to the Government of Wales Act 2006.

70General interpretation

In this Act—

“1983 Act”(“Deddf 1983”) means the Representation of the People Act 1983 (c. 2);

”2000 Act”(“Deddf 2000”) means the Political Parties, Elections and Referendums Act 2000 (c. 41);

“2013 Act”(“Deddf 2013”) means the Democracy and Boundary Commission Cymru etc. Act 2013 (anaw 4);

“principal council”(“prif gyngor”) means the council of a county or county borough in Wales.

71Power to make consequential and transitional provision etc.

(1)

If the Welsh Ministers consider it appropriate for the purposes of, in consequence of, or for giving full effect to any provision of this Act, they may by regulations make—

(a)

supplementary, incidental or consequential provision;

(b)

transitional or saving provision.

(2)

Regulations under subsection (1) may amend, modify, repeal or revoke any enactment (including an enactment contained in this Act).

(3)

The power to make regulations under this section is exercisable by statutory instrument.

(4)

If regulations under subsection (1) amend, repeal or otherwise modify a provision of an Act of Parliament or an Act or Measure of Senedd Cymru, the instrument containing the regulations may not be made unless a draft of the instrument has been laid before and approved by a resolution of Senedd Cymru.

(5)

A statutory instrument containing regulations under subsection (1) to which subsection (4) does not apply is subject to annulment in pursuance of a resolution of Senedd Cymru.

72Coming into force

(1)

The following provisions of this Act come into force on the day after the day on which this Act receives Royal Assent—

(a)

Chapter 3 of Part 1 and Part 2 of Schedule 1 (Welsh elections piloting and reform);

(b)

section 61 (disqualification from being a Member of the Senedd and a community councillor), but that section has effect in accordance with section 61(7);

(c)

section 66 (Democracy and Boundary Commission Cymru: persons who may not be members etc.);

(d)

this Part.

(2)

The following provisions of this Act come into force at the end of the period of two months beginning with the day on which this Act receives Royal Assent—

(a)

Chapter 1 of Part 2 (arrangements for local government);

(b)

section 25 (survey of councillors and unsuccessful candidates in local elections);

(c)

section 30 (guidance for political parties to promote diversity in persons seeking elected office);

(d)

sections 62 and 63 (disqualification for corrupt or illegal practice).

(3)

Section 65 comes into force on 6 May 2027.

(4)

The other provisions of this Act come into force on a day appointed by the Welsh Ministers in an order made by statutory instrument, subject to subsection (5).

(5)

The provisions of Chapter2 of Part1(electoral registration without applications), except paragraphs (c) and (d) of section 4(9), may not come into force unless—

(a)

Welsh election pilot provision of the kind described in section 5(4) has been made in regulations under section 5(1),

(b)

a report on the operation of the regulations has been sent to the Welsh Ministers under section 17(5)(a),

(c)

the Welsh Ministers have laid the report before Senedd Cymru, and

(d)

the regulations in force under section 53 of the 1983 Act that apply to registers of local government electors for areas in Wales do not require registration officers to prepare edited registers of local government electors or supply such registers or part of them to any person on payment of a fee, so far as requirements of that kind in regulations under section 53 are prohibited by virtue of paragraphs 10(3) and 10B(4) of Schedule 2 to that Act (as inserted by section 4(9)(c) and (d) of this Act).

(6)

An order under subsection (4) may—

(a)

appoint different days for different purposes;

(b)

make transitory, transitional or saving provision in connection with the coming into force of a provision brought into force by the order.

73Short title

The short title of this Act is the Elections and Elected Bodies (Wales) Act 2024.