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Senedd and Elections (Wales) Act 2020

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PART 1 — OVERVIEW

Overview of this Act

1

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

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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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(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.

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

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(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.

Electoral registration

Entitlement to be registered as a local government elector

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(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.

;

(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”

.

“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

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(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.

(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.

;

(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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(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.

(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.

(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.

(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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Applications for registration

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(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.

;

(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.

;

(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.

(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.

(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.

(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

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(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.

(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

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(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.

(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.

(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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(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.

(3A) In relation to the registration of local government electors in Wales, a service declaration made by a person by virtue of a service qualification under section 14(1A) ceases to have effect when the person attains the age of 18. (3B) Without prejudice to subsection (2), a person registered in a register of local government electors in Wales in pursuance of a service declaration referred to in subsection (3A) ceases to be entitled to remain so registered when the person attains the age of 18. (3C) Where a person's entitlement to remain registered ceases under subsection (3B), the registration officer must remove the person's entry from the register.

;

(5A) Despite anything in subsection (5), in relation to Wales, a relevant service declaration made by a person has effect only for the purposes of the person's registration as a local government elector. (5B) In subsection (5A), “relevant service declaration” means— (a) a service declaration made by virtue of a service qualification under section 14(1A); (b) a service declaration made by a qualifying foreign citizen; (c) any other service declaration 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. (5C) A relevant service declaration referred to in subsection (5A) 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 service declarations.

(2) In relation to the registration of local government electors in Wales, a service declaration made by a person claiming to have a service qualification under section 14(1A) does not require to be attested.

(3) In relation to the registration of local government electors in Wales, subsection (2) is subject to section 15(3A).

Contents of service declarations

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(1A) In relation to the registration of local government electors in Wales, paragraph (1)(c) does not apply in a case where the declarant claims a service qualification under section 14(1A) of the 1983 Act (see instead regulation 15A).

;

(3A) In relation to the registration of local government electors in Wales, the reference to “Government department” in paragraph (3) includes any organisation in which a Crown servant works.

(15A) (1) In relation to the registration of local government electors in Wales, a service declaration by a person claiming a service qualification under section 14(1A) of the 1983 Act must include, in addition to the matters specified in regulation 15(1)(a) and (b), such of the particulars specified in paragraph (2), (3) or (4) as are relevant to the declarant. (2) Where the declarant claims a service qualification on the grounds that a parent or guardian of the declarant is a member of the forces (within the meaning of section 59(1) of the 1983 Act) or the spouse or civil partner of such a member, the declaration must state— (a) the service (whether naval, military or air forces) in which the member serves, (b) the rank or rating of the member, (c) the service number of the member, and (d) where the member serves in the military forces, the regiment or corps in which the member serves. (3) Where the declarant claims a service qualification on the grounds that a parent or guardian of the declarant is a Crown servant to whom regulation 14 applies or the spouse or civil partner of such a servant, the declaration must state— (a) the name of the organisation in which the servant works, (b) a description of the post of the servant, and (c) any staff number, payroll number or other similar identifying number of the servant. (4) Where the declarant claims a service qualification on the grounds that a parent or guardian of the declarant is a British Council employee or the spouse or civil partner of such an employee, the declaration must state— (a) a description of the post of the employee, and (b) any staff number, payroll number or other similar identifying number of the employee.

Service declarations: further provision

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(5) In relation to the registration of local government electors in Wales, paragraphs (6) and (7) apply in the case of a person registered in pursuance of a service declaration made by virtue of a service qualification under section 14(1A) of the 1983 Act. (6) The registration officer must send to the person a reminder that the person's declaration will cease to have effect, and that the person's entitlement to remain registered will cease, when the person attains the age of 18. (7) The reminder must be sent as soon as practicable within the period of 3 months ending on the day on which the person attains the age of 18.

(ca) in relation to the registration of local government electors in Wales, a service declaration on the grounds that the applicant has a service qualification under section 14(1A) of the 1983 Act;

;

(9A) In the case of an application in pursuance of a service declaration within paragraph (7)(ca), the registration officer may require that the applicant give the officer one of the following documents or a copy of one of them certified by a relevant official— (a) the applicant's passport, or (b) the applicant's identity card issued in the European Economic Area. (9B) In paragraph (9A), “relevant official” means— (a) a Crown Servant (within the meaning of regulation 14), (b) a British Council employee, or (c) an officer of the forces (within the meaning of section 59(1) of the 1983 Act), who is not the applicant's parent, guardian, spouse or civil partner.

Register of electors

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In section 9 of the 1983 Act (registers of electors), after subsection (5) insert—

(5A) In relation to the registration of local government electors in Wales— (a) the entry in the combined registers of any person aged 16 or 17 who is registered only as a local government elector must give the date on which the person will attain the age of 18; (b) the entry in the combined registers of any person who is registered only as a local government elector by virtue of section 4(3A) of this Act must give an indication of that fact.

Protection of information about persons aged under 16

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Exceptions from prohibition on disclosure

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Further provision for exceptions

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Amendments to the National Assembly for Wales (Representation of the People) Order 2007

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“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;

;

“voting age” means 16 years of age or over.

(ia) a qualifying foreign citizen;

.

Oversight of administration of elections

Financial and oversight arrangements of the Electoral Commission

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(16A) (1) The expenditure of the Commission that is attributable to the exercise of the Commission's functions in relation to devolved Welsh elections and devolved Welsh referendums is (so far as it cannot be met out of income received by the Commission) to be payable out of the Welsh Consolidated Fund. (2) For each financial year, the Commission must prepare an estimate of the Commission's income and expenditure that is attributable to the exercise of the Commission's functions in relation to devolved Welsh elections and devolved Welsh referendums. (3) At least six months before the start of the financial year to which an estimate relates, the Commission must submit the estimate to the Llywydd's Committee. (4) During the financial year to which an estimate relates, the Commission may prepare a revised estimate and submit it to the Llywydd's Committee; and references in the rest of this paragraph to an estimate include a revised estimate. (5) The committees of Senedd Cymru must include one to be known as the Llywydd's Committee or Pwyllgor y Llywydd. (6) The committee must be chaired by the Presiding Officer or the Deputy Presiding Officer. (7) The Llywydd's Committee must— (a) examine each estimate submitted to it, (b) decide whether it is satisfied that the estimated level of income and expenditure is consistent with the economical, efficient and effective discharge by the Commission of their functions in relation to devolved Welsh elections and devolved Welsh referendums, and (c) if it is not so satisfied, make such modifications to the estimate as it considers appropriate for the purpose of achieving such consistency. (8) Before deciding whether it is so satisfied or making any such modifications, the Llywydd's Committee must— (a) have regard to the most recent report made to it by the Comptroller and Auditor General under paragraph 16C(2), to any later report made under paragraph 16C(4), and to any recommendations contained in the reports; (b) consult the Welsh Ministers and have regard to any advice the Welsh Ministers may give. (9) The Llywydd's Committee must, after concluding its examination and making its modifications (if any) to the estimate, lay the estimate before Senedd Cymru. (10) If the Llywydd's Committee, in the discharge of its functions under this paragraph— (a) does not follow any recommendation contained in a report of the Comptroller and Auditor General, (b) does not follow any advice given to it by the Welsh Ministers, or (c) makes any modification to the estimate, it must include in the next report which it makes to Senedd Cymru under paragraph 20B a statement of its reasons for so doing. (16B) (1) This paragraph applies where paragraph 16A(3) requires the Commission to submit an estimate to the Llywydd's Committee and⁠— (a) the estimate is the first estimate to be submitted under paragraph 16A(3), (b) the estimate relates to the first financial year to begin after the day on which Senedd Cymru meets following an ordinary general election of Members of the Senedd, or (c) the estimate relates to any other financial year and the Llywydd's Committee requires the Commission to submit a plan under this paragraph. (2) When the Commission submit the estimate, the Commission must at the same time submit to the Llywydd's Committee a plan setting out⁠— (a) the Commission's aims and objectives for the exercise of the Commission's functions in relation to devolved Welsh elections and devolved Welsh referendums during the period of five years beginning with the financial year to which the estimate relates, and (b) the Commission's estimated requirements for resources for the exercise of those functions during that five-year period. (3) The Llywydd's Committee must— (a) examine each plan submitted to it, (b) decide whether it is satisfied that the plan is consistent with the economical, efficient and effective discharge by the Commission of their functions in relation to devolved Welsh elections and devolved Welsh referendums, and (c) if it is not so satisfied, make such modifications to the plan as it considers appropriate for the purpose of achieving such consistency. (4) Before deciding whether it is so satisfied or making any such modifications, the Llywydd's Committee must— (a) have regard to the most recent report made to it by the Comptroller and Auditor General under paragraph 16C(2) and to any recommendations contained in the report; (b) consult the Welsh Ministers and have regard to any advice the Welsh Ministers may give. (5) The Llywydd's Committee must, after concluding its examination and making its modifications (if any) to the plan, lay the plan before Senedd Cymru. (6) If the Llywydd's Committee, in the discharge of its functions under this paragraph— (a) does not follow any recommendation contained in the report of the Comptroller and Auditor General, (b) does not follow any advice given to it by the Welsh Ministers, or (c) makes any modification to the plan, it must include in the next report which it makes to Senedd Cymru under paragraph 20B a statement of its reasons for so doing. (16C) (1) Sub-paragraph (2) applies where the Commission submit to the Llywydd's Committee both an estimate under paragraph 16A(3) and a plan under paragraph 16B(2). (2) For the purpose of assisting the Llywydd's Committee to discharge its functions under paragraphs 16A and 16B, the Comptroller and Auditor General must, before the Llywydd's Committee considers the estimate and plan— (a) carry out an examination into the economy, efficiency or effectiveness (or, if the Comptroller and Auditor General so determines, any combination of them) with which the Commission have used their resources in discharging their functions in relation to devolved Welsh elections and devolved Welsh referendums (or, if the Comptroller and Auditor General so determines, any of those functions), (b) report to the Llywydd's Committee the results of the examination, and (c) include in the report such recommendations as the Comptroller and Auditor General considers appropriate in the light of the examination. (3) Sub-paragraph (4) applies where the Commission— (a) submit an estimate to the Llywydd's Committee under paragraph 16A(3) but are not required to submit a plan under paragraph 16B(2), or (b) submit a revised estimate to the Llywydd's Committee under paragraph 16A(4). (4) For the purpose of assisting the Llywydd's Committee to discharge its functions under paragraph 16A, the Comptroller and Auditor General may, before the Llywydd's Committee considers the estimate⁠— (a) carry out a further examination into the matters mentioned in sub-paragraph (2)(a), (b) report to the Llywydd's Committee the results of the examination, and (c) include in the report such recommendations as the Comptroller and Auditor General considers appropriate in the light of the examination. (5) Section 8 of the National Audit Act 1983 (right to obtain documents and information) applies in relation to any examination under this paragraph as it applies in relation to an examination under section 6 of that Act. (6) See also section 19 of the Public Audit (Wales) Act 2013 (which enables the Wales Audit Office to make arrangements for any function of a public authority or office holder to be exercised by the Auditor General for Wales).

(3) The Llywydd's Committee may submit to the Auditor General for Wales any accounts that have been certified and laid before Senedd Cymru under sub-paragraph (2). (4) The Auditor General for Wales must— (a) carry out a further examination of any accounts submitted under sub-paragraph (3), so far as they relate to the exercise of the Commission's functions in relation to devolved Welsh elections and devolved Welsh referendums, and (b) prepare and lay before Senedd Cymru a report on the accounts so far as they relate to the exercise of those functions.

(20A) (1) The Commission must, as soon as practicable after the end of each financial year— (a) prepare a report about the performance of the Commission's functions in relation to devolved Welsh elections and devolved Welsh referendums during that financial year, and (b) lay the report before Senedd Cymru. (2) On laying the report, the Commission must publish it in such manner as the Commission may determine. (20B) (1) The Llywydd's Committee must, at least once in each year— (a) prepare a report on the exercise by the Llywydd's Committee of its functions under this Schedule, and (b) lay the report before Senedd Cymru. (2) For the purposes of the law of defamation, the publication of any matter by the Llywydd's Committee in such a report is absolutely privileged.

(2) In this Schedule— - “devolved Welsh election” means— 1. a general election of members of Senedd Cymru; 2. an election held under section 10 of the Government of Wales Act 2006 (elections for Senedd constituency vacancies); 3. a local government election in Wales; - “devolved Welsh referendum” means a referendum held under Part 2 of the Local Government Act 2000 or Part 4 of the Local Government (Wales) Measure 2011 (referendums relating to local authority executive arrangements); - “the Llywydd's Committee” means the Committee established in accordance with paragraph 16A(5).

PART 4 — DISQUALIFICATION

Disqualification from being a Member of the Senedd

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(A1) A person is disqualified from being a Member of the Senedd, and from being a candidate to be a Member of the Senedd, if that person— (a) falls within any of the categories of person specified in Part 1 of Schedule 1A, or (b) holds any of the offices specified in the Table in Part 2 of Schedule 1A.

(1) A person is disqualified from being a Member of the Senedd (but not from being a candidate to be a Member of the Senedd) if that person—

;

(zb) is a member of the House of Lords (but see section 17C), (zc) is a member of the council of a county or county borough in Wales (but see sections 17D, 17E and 17F), (zd) is a member of the Scottish Parliament, (ze) is a member of the Northern Ireland Assembly, (zf) is a member of the European Parliament, or

;

(1A) A person returned at an election as a Member of the Senedd is not disqualified under subsection (1)(zd), (ze), (zf) or (b) at any time before the person purports to take the oath of allegiance (or make the corresponding affirmation) in compliance with section 23(1) or 55(2).

Exceptions and relief from disqualification

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Exception from disqualification by virtue of being a Member of Parliament: changes to dates of general elections of Members of the Senedd

31

(3A) Where, at the relevant time, section 3(1A) prevents the poll at the next ordinary general election being held on the day specified in section 3(1)— (a) if an order under section 3(1B) has been made, the expected day is the day on which the poll is required to be held in accordance with section 3(1B); (b) if no order under section 3(1B) has been made, the expected day is the day on which the poll would be held in accordance with section 3(1) if section 3(1A) were disregarded. (3B) Where, at the relevant time, the Presiding Officer has proposed a day for the holding of the poll at the next ordinary general election under section 4(1)— (a) if a proclamation under section 4(2) has been issued, the expected day is the day on which the poll is required to be held in accordance with that proclamation; (b) if no proclamation under section 4(2) has been issued, the expected day is the day proposed under section 4(1).

Exception from disqualification by virtue of being a member of the House of Lords

32

After section 17B of the 2006 Act insert—

(17C) (1) A person returned at an election as a Member of the Senedd is not disqualified under section 16(1)(zb) (disqualification by virtue of being a member of the House of Lords) at any time in the period of eight days beginning with the day the person is so returned. (2) A Member of the Senedd who becomes a member of the House of Lords is not disqualified under section 16(1)(zb) at any time before the end of the period of eight days beginning with the day the person makes and subscribes the oath required by the Parliamentary Oaths Act 1866 (c. 19) (or the corresponding affirmation). (3) A person is not disqualified from being a Member of the Senedd under section 16(1)(zb) at any time when the person— (a) has leave of absence from the House of Lords, or (b) has made an application for leave of absence which has not been withdrawn or refused. (4) A person who is on leave of absence from the House of Lords immediately before Parliament is dissolved is not disqualified from being a Member of the Senedd under section 16(1)(zb) at any time in the period— (a) beginning with the dissolution of the old Parliament, and (b) ending at the end of the period of eight days beginning with the day of the first meeting of the new Parliament.

Exceptions from disqualification by virtue of being a member of a county or county borough council

33

After section 17C of the 2006 Act (as inserted by section 32) insert—

(17D) (1) A person returned at an election as a Member of the Senedd is not disqualified under section 16(1)(zc) (disqualification by virtue of being a member of the council of a county or county borough in Wales) at any time before the person purports to take the oath of allegiance (or make the corresponding affirmation) in compliance with section 23(1) or 55(2). (2) A Member of the Senedd who is returned at an election as a member of the council of a county or county borough in Wales is not disqualified under section 16(1)(zc) at any time before the person makes a declaration of acceptance of office under section 83 of the Local Government Act 1972 (c. 70). (17E) (1) This section applies if— (a) a member of the council of a county or county borough in Wales is returned as a Member of the Senedd, and (b) the expected day of the next ordinary election of members of the council is within the period of 372 days beginning with the day the person is so returned (“the return day”). (2) The member is not disqualified under section 16(1)(zc) (disqualification by virtue of being a member of the council of a county or county borough in Wales) at any time in the period— (a) beginning with the return day, and (b) ending with the fourth day after the day of the next ordinary election of members of the council. (3) For the purposes of subsection (1)(b) the expected day of the next ordinary election of members of the council is to be determined by reference to the circumstances as at the beginning of the return day (“the relevant time”). (4) For the purpose of determining the expected day, no account is to be taken of the possibility of— (a) an order under section 37ZA(1) of the Representation of the People Act 1983 (c. 2) (power to vary ordinary day of local elections), or (b) an order under section 87 of the Local Government Act 2000 (c. 22) (power to change year in which local election is held), being made after the relevant time. (5) References in this section and section 17F to the “day” of an election are to the day on which the poll at the election is held. (17F) (1) This section applies if— (a) a Member of the Senedd is returned as a member of the council of a county or county borough in Wales, and (b) the expected day of the next general election of Members of the Senedd is within the period of 372 days beginning with the day the person is so returned (“the return day”). (2) The member is not disqualified under section 16(1)(zc) (disqualification by virtue of being a member of the council of a county or county borough in Wales) at any time in the period— (a) beginning with the return day, and (b) ending immediately before the day of the next general election of Members of the Senedd. (3) For the purposes of subsection (1)(b) the expected day of the next general election of Members of the Senedd is to be determined by reference to the circumstances as at the beginning of the return day (“the relevant time”). (4) Where, at the relevant time, section 3(1A) prevents the poll at the next ordinary general election being held on the day specified in section 3(1)— (a) if an order under section 3(1B) has been made, the expected day is the day on which the poll is required to be held in accordance with section 3(1B); (b) if no order under section 3(1B) has been made, the expected day is the day on which the poll would be held in accordance with section 3(1) if section 3(1A) were disregarded. (5) Where, at the relevant time, the Presiding Officer has proposed a day for the holding of the poll at the next ordinary general election under section 4(1)— (a) if a proclamation under section 4(2) has been issued, the expected day is the day on which the poll is required to be held in accordance with that proclamation; (b) if no proclamation under section 4(2) has been issued, the expected day is the day proposed under section 4(1). (6) Where, at the relevant time, section 5(2) or (3) (extraordinary general elections) applies— (a) if a proclamation under section 5(4) has been issued, the expected day is the day on which the poll is required to be held in accordance with that proclamation; (b) if no proclamation under section 5(4) has been issued but a day has been proposed under section 5(1), that is the expected day; (c) otherwise, the expected day is to be treated as being within the period mentioned in subsection (1)(b). (7) For the purpose of determining the expected day, no account is to be taken of the possibility of— (a) a day being proposed under section 4(1) (power to vary date of ordinary general election) after the relevant time, or (b) section 5(2) or (3) (extraordinary general elections) first applying after that time.

Effect of disqualification

34

(A1) If a person who is disqualified from being a candidate to be a Member of the Senedd (see section 16(A1)) is nominated as a candidate at a general election of Members of the Senedd or an election to fill a vacancy under section 10, the person's nomination is void.

Consequential amendments

35

PART 5 — MISCELLANEOUS

Timing of first meeting of the Senedd after a general election

36

Powers of the Senedd Commission: provision of goods and services

37

In Schedule 2 to the 2006 Act (Assembly Commission), in paragraph 4, for sub-paragraph (4) substitute—

(4) The Senedd Commission may— (a) provide goods or services to the public, or (b) make arrangements for the provision of goods or services to the public. (4A) The Senedd Commission may charge for goods or services provided under sub-paragraph (4).

Report on extension of right to vote and change to qualification for membership of the Senedd

38

PART 6 — GENERAL

Power to make consequential and transitional provision etc.

39

Regulations under this Act

40

General interpretation

41

In this Act—

Coming into force

42

Short title

43

The short title of this Act is the Senedd and Elections (Wales) Act 2020.

SCHEDULE 1

Freedom of Information Act 2000 (c. 36)

1

Part 6 of Schedule 1 to the Freedom of Information Act 2000 is amended as follows—

Government of Wales Act 2006 (c. 32)

2

(3) Unless the context requires otherwise, a reference to Senedd Cymru or the Welsh Parliament, the Senedd Commission (or Comisiwn y Senedd) or Acts of Senedd Cymru (or Deddfau Senedd Cymru) (as the case may be), in— (a) any enactment (including any enactment comprised in or made under this Act) or prerogative instrument, or (b) any other instrument or document, is to be read as including a reference to the previous name.

Member of the Senedd section 1(2A)
the Senedd section 1(1)
--- ---
the Senedd Commission section 27(1)
--- ---
Senedd constituency section 2(1)
--- ---
Senedd constituency member section 1(2)(a)
--- ---
Senedd electoral region section 2(2) and (3)
--- ---
Senedd proceedings section 1(5)
--- ---
Senedd regional member section 1(2)(b)
--- ---
Senedd's legislative competence (in relation to Acts of the Senedd) section 108A
--- ---

.

National Assembly for Wales Commissioner for Standards Measure 2009 (nawm 4)

3

“Member of the Senedd” (“Aelod o'r Senedd”) includes— (a) for the purposes of section 1(3)(a) and (b) only, the Counsel General even where that officer is not a Member of the Senedd, and (b) except for the purposes of section 1(3)(a) and (b), a former Member of the Senedd,

;

National Assembly for Wales (Remuneration) Measure 2010 (nawm 4)

4

Legislation (Wales) Act 2019 (anaw 4)

5
Assembly Act (Deddf Cynulliad)

;

National Assembly for Wales (Cynulliad Cenedlaethol Cymru)

;

National Assembly for Wales Commission (Comisiwn Cynulliad Cenedlaethol Cymru)

.

Act of the Parliament of the United Kingdom (Deddf gan Senedd y Deyrnas Unedig) “Act of the Parliament of the United Kingdom” includes an Act of the Parliament of Great Britain or of the Parliament of England

;

Act of Senedd Cymru (Deddf gan Senedd Cymru) “Act of Senedd Cymru” means an Act enacted under Part 4 of the Government of Wales Act 2006 (c. 32) (whether as an Act of Senedd Cymru or an Act of the National Assembly for Wales)

;

Member of the Senedd (Aelod o'r Senedd) “Member of the Senedd” is to be interpreted in accordance with section 1(2A) of the Government of Wales Act 2006 (c. 32)

;

Senedd Commission (Comisiwn y Senedd) “Senedd Commission” means the Commission established by section 27 of the Government of Wales Act 2006 (c. 32) (and originally known as the National Assembly for Wales Commission)

;

Senedd Cymru (Senedd Cymru) “Senedd Cymru” means the parliament for Wales established by section 1 of the Government of Wales Act 2006 (c. 32) (and originally known as the National Assembly for Wales)

.

SCHEDULE 2

Representation of the People Act 1983 (c. 2)

1

(14A) (1) The Electoral Commission (“the Commission”) may prepare, and from time to time revise, a code of practice for local government elections in Wales giving— (a) guidance as to the matters which do, or do not, fall within Part 1 or Part 2 of this Schedule; (b) guidance (supplementing the definition in section 90ZA(3)) as to the cases or circumstances in which expenses are, or are not, to be regarded as incurred for the purposes of a candidate's election. (2) Once the Commission have prepared a draft code under this paragraph, they must submit it to the Welsh Ministers for approval. (3) The Welsh Ministers may approve a draft code with or without modifications. (4) Once the Welsh Ministers have approved a draft code they must lay a copy of the draft, in the form in which they have approved it, before Senedd Cymru. (5) If the draft incorporates modifications, the Welsh Ministers must at the same time lay before Senedd Cymru a statement of their reasons for making them. (6) If, within the 40-day period, Senedd Cymru resolves not to approve the draft, the Welsh Ministers must take no further steps in relation to it. (7) If no such resolution is made within the 40-day period— (a) the Welsh Ministers must issue the code in the form of the draft laid before Senedd Cymru, (b) the code comes into force on the date appointed by the Welsh Ministers by order, and (c) the Commission must arrange for the code to be published in such manner as the Commission think appropriate. (8) Sub-paragraph (6) does not prevent a new draft code from being laid before Senedd Cymru. (9) In this paragraph, “the 40-day period”, in relation to a draft code, means the period of 40 days beginning with the day on which the draft is laid before Senedd Cymru, no account being taken of any period during which Senedd Cymru is dissolved or is in recess for more than four days. (10) In this paragraph references to a draft code include a revised draft code.

.

Political Parties, Elections and Referendums Act 2000 (c. 41)

2

The Political Parties, Elections and Referendums Act 2000 is amended as follows.

3
4

After section 6 insert—

(6ZA) (1) The Commission must keep the matters mentioned in subsection (2) under review, and must from time to time submit reports on those matters to the Welsh Ministers. (2) The matters are such matters as the Commission may from time to time determine relating to— (a) general elections of Members of the Senedd; (b) elections under section 10 of the Government of Wales Act 2006 (elections for Senedd constituency vacancies); (c) local government elections in Wales; (d) referendums under Part 2 of the Local Government Act 2000 and Part 4 of the Local Government (Wales) Measure 2011 (referendums relating to executive arrangements of local authorities in Wales); (e) the law relating to the elections and referendums mentioned in paragraphs (a) to (d). (3) Subsection (4) applies if the Welsh Ministers request the Commission to review and report on any matter or matters for which provision is or could be made in an Act of Senedd Cymru (whether or not falling within subsection (2)). (4) The Commission must, within such time as the Welsh Ministers may specify— (a) review the matters specified in the request, and (b) submit a report on those matters to the Welsh Ministers. (5) The Commission must publish each report made under this section in such manner as the Commission may determine.

5

In section 6C(3), after “6F” insert “ or 6G ”.

6

In section 6D(4), after “6F” insert “ or 6G ”.

7
8

After section 6F insert—

(6G) (1) The Commission must prepare a code of practice on the attendance at elections specified in subsection (2) of— (a) representatives of the Commission, (b) accredited observers, and (c) nominated members of accredited organisations. (2) The code must make provision about attendance at— (a) general elections of Members of the Senedd; (b) elections under section 10 of the Government of Wales Act 2006 (elections for Senedd constituency vacancies); (c) local government elections in Wales. (3) The code must in particular— (a) specify the manner in which applications under sections 6C(1) and 6D(1) are to be made to the Commission; (b) specify the criteria to be taken into account by the Commission in determining such applications; (c) give guidance to relevant officers (within the meaning of section 6E) as to the exercise of the power conferred by subsection (1) of that section; (d) give guidance to such officers as to the exercise of the power mentioned in subsection (2) of that section as it relates to a person having the permission mentioned in subsection (1) of that section; (e) give guidance to such officers as to the exercise of any power under any enactment to control the number of persons present at any proceedings relating to an election as it relates to a person having such permission; (f) give guidance to representatives of the Commission, accredited observers and nominated members of accredited organisations on the exercise of the rights conferred by sections 6A, 6B, 6C and 6D. (4) The code may make different provision for different purposes. (5) Before preparing the code, the Commission must consult the Welsh Ministers. (6) The Commission must lay the code before Senedd Cymru. (7) The Commission must publish the code (in such manner as the Commission may determine). (8) The following persons must have regard to the code in exercising any function conferred by section 6A, 6B, 6C, 6D or 6E in relation to an election specified in subsection (2)— (a) the Commission; (b) representatives of the Commission; (c) relevant officers (within the meaning of section 6E). (9) The Commission may at any time revise the code. (10) Subsections (4) to (7) apply in relation to a revision of the code as they apply in relation to the code.

9

(5A) In relation to electoral registration officers for areas in Wales, the reference to their functions in subsection (2)(a) is a reference to their functions in relation to registers of parliamentary electors.

10

After section 9A insert—

(9AA) (1) The Commission may from time to time— (a) determine standards of performance for relevant officers mentioned in subsection (2), and (b) publish, in such form and in such manner as they consider appropriate, the standards so determined. (2) The standards of performance are such standards as the Commission think ought to be achieved by— (a) electoral registration officers for areas in Wales in the performance of their functions in relation to registers of local government electors; (b) returning officers in the administration of the elections specified in subsection (6); (c) counting officers in the administration of the referendums specified in subsection (7). (3) Before determining standards under subsection (1), the Commission must consult— (a) the Welsh Ministers, and (b) any other person they think appropriate. (4) The Commission may determine different standards for different descriptions of relevant officers. (5) When the Commission publish standards under subsection (1) they must send a copy to the Welsh Ministers who must lay a copy before Senedd Cymru. (6) The elections specified in this subsection are— (a) a general election of Members of the Senedd; (b) an election under section 10 of the Government of Wales Act 2006 (elections for Senedd constituency vacancies); (c) a local government election in Wales. (7) The referendums specified in this subsection are referendums under Part 2 of the Local Government Act 2000 or Part 4 of the Local Government (Wales) Measure 2011 (referendums relating to executive arrangements of local authorities in Wales).

11

In section 9B, in subsections (1) and (4), after “9A(1)” insert “ or 9AA(1) ”.

12

In section 9C(2)—

13

In section 13(12), after “met under” insert “ paragraph 16A of Schedule 1 to this Act or ”.

14

(aa) met out of the Welsh Consolidated Fund under paragraph 16A;

;

(6A) An estimate prepared under this paragraph must not include income or expenditure that is attributable to the exercise of the Commission's functions in relation to devolved Welsh elections and devolved Welsh referendums (as to which, see paragraph 16A).

(6) A plan prepared under this paragraph must not include aims, objectives or estimated requirements for the exercise of the Commission's functions in relation to devolved Welsh elections and devolved Welsh referendums (as to which, see paragraph 16B).

(1A) The reference in sub-paragraph (1) to the Commission's functions does not include the Commission's functions in relation to devolved Welsh elections or devolved Welsh referendums.

SCHEDULE 3

This Schedule sets out the new Schedule 1A to the 2006 Act, to be inserted before Schedule 2 to that Act.

Overview of this Act

National Assembly for Wales renamed Senedd Cymru or Welsh Parliament

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

Members to be known as Members of the Senedd

National Assembly for Wales Commission renamed Senedd Commission

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

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

Minor and consequential amendments

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

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

Annual canvass

Review of entitlement to registration

Service declarations

Contents of service declarations

Register of electors

Financial and oversight arrangements of the Electoral Commission

Disqualification from being a Member of the Senedd

Exceptions and relief from disqualification

Exception from disqualification by virtue of being a Member of Parliament: changes to dates of general elections of Members of the Senedd

Exception from disqualification by virtue of being a member of the House of Lords

Timing of first meeting of the Senedd after a general election

Powers of the Senedd Commission: provision of goods and services

Power to make consequential and transitional provision etc.

Freedom of Information Act 2000 (c. 36)

Government of Wales Act 2006 (c. 32)

National Assembly for Wales Commissioner for Standards Measure 2009 (nawm 4)

National Assembly for Wales (Remuneration) Measure 2010 (nawm 4)

Legislation (Wales) Act 2019 (anaw 4)

Representation of the People Act 1983 (c. 2)

Political Parties, Elections and Referendums Act 2000 (c. 41)

This Schedule sets out the new Schedule 1A to the 2006 Act, to be inserted before Schedule 2 to that Act.

Editorial notes

[^c23982421]: S. 36 in force on the day of the first Senedd election at which the poll is held on or after 5.4.2021 see s. 42(5)

[^key-a15508909c6698853b6d7983c8401556]: Words in s. 24(2) inserted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(f), Sch. 2 para. 15(2)(a) (with s. 3)

[^key-08b3a89712848d248722490f1bad0662]: S. 24(3) inserted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(f), Sch. 2 para. 15(2)(b) (with s. 3)

[^key-33a7a47d86f21d3e4573e28f4c714128]: Words in s. 25(3) substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(f), Sch. 2 para. 15(3)(a) (with s. 3)

[^key-6939bc2e176de41eb5a5d8ea79de5d34]: Words in s. 25(5)(b) inserted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(f), Sch. 2 para. 15(3)(b)(i) (with s. 3)

[^key-c86379bdaede17698cc5cfbe8a0dae88]: Words in s. 25(5)(c) inserted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(f), Sch. 2 para. 15(3)(b)(ii) (with s. 3)

[^key-dd1196571daf3c7e4b0c758c76092194]: S. 25(5)(e) substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(f), Sch. 2 para. 15(3)(b)(iii) (with s. 3)

[^key-f6eabf9f50807c5b8751e8b3ddcec6ad]: S. 25(5)(f) substituted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(f), Sch. 2 para. 15(3)(b)(iv) (with s. 3)

[^key-2b65a5b51c35397d11e0fbe7ee438383]: Words in s. 26(1) inserted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(f), Sch. 2 para. 15(4)(a) (with s. 3)

[^key-da711ef6b71d41ed50f99fcae49988b3]: S. 26(5) inserted (20.3.2021) by Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(f), Sch. 2 para. 15(4)(b) (with s. 3)

National Assembly for Wales renamed Senedd Cymru or Welsh Parliament

Service declarations

Exceptions and relief from disqualification

Exception from disqualification by virtue of being a Member of Parliament: changes to dates of general elections of Members of the Senedd

Timing of first meeting of the Senedd after a general election

Report on extension of right to vote and change to qualification for membership of the Senedd