Senedd and Elections (Wales) Act 2020

PART 1 — OVERVIEW

Overview of this Act

1

• (1) Part 2 of this Act changes the name of the National Assembly for Wales to “Senedd Cymru” or “the Welsh Parliament” and makes connected changes.

• (2) Part 3 of this Act extends the right to vote for elections to the Senedd to persons aged 16 and 17 and qualifying foreign citizens and makes related changes to electoral registration. It also makes provision about the financial and oversight arrangements for the work of the Electoral Commission in relation to devolved Welsh elections and devolved referendums.

• (3) Part 4 of this Act amends the law relating to persons disqualified from membership of the Senedd.

• (4) Part 5 of this Act contains miscellaneous provisions regarding the Senedd and Senedd elections that—

• (a) extend the time within which the first meeting of the Senedd after a general election must be held;

• (b) clarify the powers of the Senedd Commission to charge for the provision of goods and services;

• (c) require the Welsh Ministers to report on the operation of the provisions of this Act that extend the right to vote and change qualification for membership of the Senedd.

• (5) Part 6 of this Act contains general provisions about the interpretation of this Act, the coming into force of the provisions of the Act, and the short title.

PART 2 — RENAMING OF THE NATIONAL ASSEMBLY FOR WALES ETC.

National Assembly for Wales renamed Senedd Cymru or Welsh Parliament

2

In section 1(1) of the Government of Wales Act 2006 (c. 32) (“the 2006 Act”) for “the National Assembly for Wales” to the end substitute “ Senedd Cymru or the Welsh Parliament (referred to in this Act as “the Senedd”) ”.

Acts of the National Assembly for Wales renamed Acts of Senedd Cymru

3

In section 107(1) of the 2006 Act, for “the National Assembly for Wales” to the end substitute “ Senedd Cymru or Deddfau Senedd Cymru (referred to in this Act as “Acts of the Senedd”) ”.

Members to be known as Members of the Senedd

4

In section 1 of the 2006 Act, after subsection (2) insert—

(2A) Members of the Senedd are to be known by that name or as Aelodau o'r Senedd.

Clerk of the Assembly renamed Clerk of the Senedd

5

In section 26(2) of the 2006 Act, for “Assembly” substitute “ Senedd, Clerc y Senedd ”.

National Assembly for Wales Commission renamed Senedd Commission

6

In section 27(1) of the 2006 Act, for “National Assembly for Wales Commission or Comisiwn Cynulliad Cenedlaethol Cymru” substitute “ Senedd Commission or Comisiwn y Senedd ”.

National Assembly for Wales Commissioner for Standards renamed Senedd Commissioner for Standards

7

In section 1(1) of the National Assembly for Wales Commissioner for Standards Measure 2009 (nawm 4), for “National Assembly for Wales” substitute “ Senedd ”.

National Assembly for Wales Remuneration Board renamed the Independent Remuneration Board of the Senedd

8

In section 1(1) of the National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), for “National Assembly for Wales Remuneration Board” substitute “ board to be known as the Independent Remuneration Board of the Senedd ”.

Minor and consequential amendments

9

Schedule 1 contains minor and consequential amendments relating to this Part.

PART 3 — ELECTIONS

Extension of right to vote

Extension of right to vote in Senedd elections to 16 and 17 year old persons

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• (1) Section 12 (entitlement to vote) of the 2006 Act is amended as follows.

• (2) In subsection (1)(a), after “constituency” insert “ or fall within the extended franchise for Senedd elections as described in this section ”.

• (3) After subsection (1), insert—

(1A) A person falls within the extended franchise for Senedd elections if the person— (a) has attained the age of 16, but not the age of 18, and (b) would, but for any disability removed by this section, be entitled to vote as an elector at a local government election in an electoral area wholly or partly included within the Senedd constituency.

• (4) The amendments made by this section have effect for the purposes of an election for membership of the Senedd at which the poll is held on or after 5 April 2021.

Extension of right to vote in Senedd elections to qualifying foreign citizens

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• (1) After section 12(1A) of the 2006 Act, insert—

(1B) A person falls within the extended franchise for Senedd elections if the person— (a) is a qualifying foreign citizen (within the meaning given by section 203(1) of the Representation of the People Act 1983 (c. 2)), and (b) would, but for any disability removed by this section, be entitled to vote as an elector at a local government election in an electoral area wholly or partly included within the Senedd constituency.

• (2) The amendments made by this section have effect for the purposes of an election for membership of the Senedd at which a poll is held on or after 5 April 2021.

Electoral registration

Entitlement to be registered as a local government elector

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• (1) In section 4 of the Representation of the People Act 1983 (c. 2) (“the 1983 Act”) (entitlement to be registered as a local government elector)—

• (a) in subsection (3)(d), after “age” insert “ or, if resident in an area in Wales, is 16 years of age or over ”;

• (b) after subsection (3) insert—

(3A) A person is also entitled to be registered in the register of local government electors for any electoral area in Wales if on the relevant date the person— (a) is resident in that area, (b) is not subject to any legal incapacity to vote (age apart) in an election of members (or of a member) of Senedd Cymru, (c) is a qualifying foreign citizen, and (d) is 16 years of age or over.

;

• (c) after subsection (5A) insert—

(5B) In relation to a register of local government electors for any electoral area in Wales, the reference to “voting age” in subsection (5) is to be interpreted as “16 years of age”

.

• (2) In section 203(1) of the 1983 Act (local government provisions as to England and Wales) after the definition of “London member” insert—

“qualifying foreign citizen” means a person who— (a) is not a Commonwealth citizen, a citizen of the Republic of Ireland or a relevant citizen of the Union, and (b) either— (i) is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or (ii) is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) any description of such leave.

Annual canvass

13

• (1) In section 9A of the 1983 Act (registration officers: duty to take necessary steps), after subsection (2) insert—

(2A) In relation to the registration of local government electors in Wales, subsections (1) and (2)(b) do not require a registration officer to make house to house inquires in relation to any person under the age of 16.

• (2) In regulation 32ZA of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) (“the 2001 Regulations”) (annual canvass form)—

• (a) after paragraph (3) insert—

(3A) In relation to the registration of local government electors in Wales, the canvass form in paragraph (2) must also— (a) require the full name and nationality of each person aged 14 or 15 who is eligible to register and is residing at the address to which the form is given, and (b) in relation to any such person named in the form, require the person's date of birth to be included.

;

• (b) after paragraph (5) insert—

(5A) In relation to the registration of local government electors in Wales, the registration officer must not, under paragraph (5), print on the form the date of birth of any person aged under 16.

Invitations to register

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• (1) In section 9E of the 1983 Act (maintenance of registers: invitations to register in Great Britain), after subsection (7) insert—

(7A) In relation to the registration of local government electors in Wales, subsection (7) does not apply to a person who was under the age of 16 at the time the requirement was imposed.

• (2) In regulation 32ZC of the 2001 Regulations (invitations to apply for registration), after paragraph (2) insert—

(2A) In relation to the registration of local government electors in Wales, where the person to be invited is under the age of 16, the invitation in paragraph (1) must also include an explanation of how the person's information will be held and used.

• (3) In regulation 32ZD of the 2001 Regulations (steps to be taken by a registration officer to encourage a person to make an application for registration in response to an invitation to do so), after paragraph (3) insert—

(3A) In relation to the registration of local government electors in Wales, paragraph (3) does not require a registration officer to make, or have made, any visits in the case where the invitations were given to a person under the age of 16.

• (4) In regulation 32ZE of the 2001 Regulations (requiring a person to make an application for registration), after paragraph (3) insert—

(3A) In relation to the registration of local government electors in Wales, the following provisions of this regulation do not apply in the case of a person who is under the age of 16— (a) paragraphs (2)(b)(iii) and (3)(b) and (c); (b) paragraph (3)(f), so far as requiring a notice to state that the person may make representations about why a civil penalty should not be imposed.

Invitations to register: further provision about persons under the age of 16

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• (1) The Welsh Ministers may, by regulations, make provision about invitations to be given under section 9E(1) of the 1983 Act (invitations to apply for registration) in relation to the registration of local government electors in Wales.

• (2) Regulations under subsection (1) may (among other things) include provision—

• (a) about the form and content of invitations;

• (b) about how and when invitations must be given;

• (c) requiring invitations to be accompanied by, or combined with, application forms or other documents (including partially completed application forms).

• (3) Regulations under subsection (1) may confer functions on the Electoral Commission (for example, the Commission may be required to design an invitation).

• (4) Regulations under subsection (1) may amend, repeal (or revoke) or modify any enactment.

• (5) Before making regulations under subsection (1), the Welsh Ministers must consult such persons as they consider appropriate.

Applications for registration

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• (1) The 2001 Regulations are amended as follows.

• (2) In regulation 24 (evidence as to age and nationality), after “Union” insert “ or (for the purposes only of the registration of local government electors in Wales) a qualifying foreign citizen ”.

• (3) In regulation 26 (applications for registration)—

• (a) after paragraph (1) insert—

(1A) In relation to the registration of local government electors in Wales, where the applicant is not able to provide the applicant's date of birth, the statement referred to in paragraph (1)(e) must indicate whether the applicant is— (a) under the age of 16, (b) aged 16 or 17, or (c) aged 18 or over.

;

• (b) in paragraph (3), after “(1)” insert “ , (1A) ”;

• (c) in paragraph (3)(ba), after “Union” insert “ or (for the purposes only of the registration of local government electors in Wales) a qualifying foreign citizen ”;

• (d) after paragraph (3) insert—

(3A) In relation to the registration of local government electors in Wales, the paper application form under paragraph (3) must also include an explanation of how information about applicants under the age of 16 will be held and used.

;

• (e) after paragraph (9) insert—

(9A) In relation to the registration of local government electors in Wales, paragraphs (1)(f) and (8)(a) do not apply in the case where the applicant is under the age of 16.

• (4) In regulation 26B (power to request additional evidence where certain information is unavailable or where the registration officer considers it necessary), after paragraph (6) insert—

(6A) In relation to the registration of local government electors in Wales, paragraphs (2) to (6) do not apply in the case where the applicant is under the age of 16 if— (a) there is information available to the registration officer from any educational record relating to the applicant, and (b) that information is sufficient to satisfy the registration officer as to the applicant's identity and entitlement to be registered.

• (5) In regulation 28 (inspection of applications and objections), after paragraph (2) insert—

(3) In relation to the registration of local government electors in Wales, this regulation does not apply to an application made by a person under the age of 16.

• (6) In regulation 29ZA (verification of information provided in an application), after paragraph (6) insert—

(6A) In relation to the registration of local government electors in Wales, this regulation does not apply to an application made by a person under the age of 16.

Review of entitlement to registration

17

• (1) The 2001 Regulations are amended as follows.

• (2) In regulation 31D (procedure for reviewing entitlement to registration), after paragraph (3) insert—

(3A) In relation to the registration of local government electors in Wales, paragraph (2)(b) does not apply where the subject of the review is under the age of 16.

• (3) In regulation 31E (list of reviews), after paragraph (4) insert—

(5) In relation to the registration of local government electors in Wales, this regulation does not apply to any review where the subject of the review is under the age of 16.

Anonymous registration

18

In regulation 31J of the 2001 Regulations (anonymous registration: evidence by attestation), after paragraph (5) insert—

(6) In relation to the registration of local government electors in Wales, where the applicant is under the age of 16 on the date on which the application is made— (a) “qualifying officer” also includes a person authorised in writing for the purposes of this regulation by an officer referred to in paragraph (4)(h), and (b) where the attestation is signed by a person so authorised, the attestation must be accompanied by a copy of the person's authorisation.

Declarations of local connection

19

• (1) Section 7B of the 1983 Act (notional residence: declarations of local connection) is amended as follows.

• (2) After subsection (2) insert—

(2A) In relation to the registration of local government electors in Wales, this section also applies to a person who, on the date on which the person makes a declaration under subsection (1)— (a) is under 18 years of age, (b) does not fall within any of the paragraphs (a) to (c) of subsection (2), and (c) meets any of the requirements specified in subsection (2B). (2B) The requirements are that— (a) the person is, or has been, a child who is looked after by a local authority, or (b) the person is being kept in any secure accommodation specified in regulations made by the Welsh Ministers in circumstances specified in the regulations. (2C) The power to make regulations under subsection (2B)(b) is exercisable by statutory instrument and is subject to annulment in pursuance of a resolution of the Senedd. (2D) In subsection (2B)— (a) the reference to a child who is looked after by a local authority has the same meaning as in the Social Services and Well-being (Wales) Act 2014 (anaw 1) (see section 74); (b) “secure accommodation” means accommodation for the purpose of restricting the liberty of persons under the age of 18.

• (3) In subsection (3)(e), after “Union” insert “ or (if the declaration is made for the purposes only of the registration of local government electors in Wales) a qualifying foreign citizen ”.

• (4) In subsection (4), after paragraph (b) insert—

(c) in the case of a person falling within subsection (2A), any of the following— (i) an address in Wales at which the person has previously been resident, or (ii) an address used by a council of a county or county borough in Wales in which the person has previously been resident.

• (5) After subsection (7) insert—

(7A) Despite anything in subsection (7), in relation to Wales, a relevant declaration made by a person has effect only for the person's registration as a local government elector. (7B) In subsection (7A) a “relevant declaration” means— (a) a declaration of local connection made by virtue of subsection (2A); (b) a declaration of local connection made by a qualifying foreign citizen; (c) any other declaration of local connection made by a person who, on the date on which the declaration is made, is— (i) under the age of 17, and (ii) not entitled to be registered in the register of parliamentary electors. (7C) A relevant declaration referred to in subsection (7A) must be marked to show that it is available only for the purposes of registration as a local government elector, but otherwise is to be the same as other declarations of local connection.

Service declarations

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• (1) The 1983 Act is amended as follows.

• (2) In section 14 (service qualification), after subsection (1) insert—

(1A) In relation to the registration of local government electors in Wales, a person also has a service qualification for the purposes of this Act if— (a) the person is under the age of 18, (b) a parent or guardian of the person has a service qualification under any of paragraphs (a) to (e) of subsection (1), and (c) the person is residing at a particular place in order to be with that parent or guardian.

• (3) In section 15 (service declaration)—

• (a) after subsection (3) insert—