Senedd Cymru (Members and Elections) Act 2024

PART 1 — THE SENEDD AND WELSH MINISTERS

Number of Members of the Senedd and Senedd constituencies

1

In section 1 (the Senedd) of the Government of Wales Act 2006 (c. 32) (“the 2006 Act”), for subsection (2) substitute—

(2) There are— (a) 16 Senedd constituencies, and (b) six seats for each constituency, and the Senedd is to consist of the members for those constituencies.

Senedd constituencies

2

• (1) For section 2 (Senedd constituencies and electoral regions) of the 2006 Act substitute—

(2) (1) The Senedd constituencies are the constituencies specified in regulations under section 49J of the Democracy and Boundary Commission Cymru etc. Act 2013 (anaw 4). (2) Until the first set of regulations made under‍‍ that section takes effect, the reference in subsection (1) above to regulations under that section is to be read as a reference to regulations under paragraph 9 of Schedule 2 to the Senedd Cymru (Members and Elections) Act 2024 (asc 4).

• (2) In section 13 of the Parliamentary Voting System and Constituencies Act 2011 (c. 1) (constituencies and electoral regions)—

• (a) omit subsection (1);

• (b) omit subsection (2)(a).

Frequency of ordinary general elections

3

• (1) In section 3(1) (ordinary general elections) of the 2006 Act, for “fifth” substitute “fourth”.

• (2) In the Wales Act 2014 (c. 29), omit section 1 (frequency of ordinary general elections).

Additional Deputy Presiding Officer

4

• (1) In section 25 (Presiding Officer etc.) of the 2006 Act—

• (a) in subsection (1)(b), for “(referred to in this Act as “the Deputy Presiding Officer”)” substitute “(see subsection (1B)(a))”;

• (b) after subsection (1), insert—

(1A) The Senedd may at any time elect one additional deputy presiding officer from among the Members of the Senedd (but there may be no more than one additional deputy presiding officer at any time). (1B) In this Act, “Deputy Presiding Officer” means, unless the context requires otherwise— (a) the person elected under paragraph (b) of subsection (1); (b) a person elected under subsection (1A), but in section 23(4)(b) “Deputy Presiding Officer means only the person elected under paragraph (b) of subsection (1).

;

• (c) in subsection (2), for “is to be known as the Deputy Presiding Officer”, substitute “and a person elected under subsection (1A) are each to be known as Deputy Presiding Officer”;

• (d) for subsection (4), substitute—

(4) A Deputy Presiding Officer holds office until the Senedd is dissolved; but the standing orders may make provision for a Deputy Presiding Officer elected under subsection (1A) to hold office for a shorter time.

;

• (e) in subsection (5), for “Deputy Presiding Officer” substitute “a Deputy Presiding Officer”;

• (f) in subsection (6)—

• (i) after “the Deputy Presiding Officer” insert “elected under paragraph (b) of subsection (1)”;

• (ii) after “Members of the Senedd” insert “(and references in this section to a person elected under paragraph (a) or (b) of subsection (1) include a reference to a person elected under this subsection)”;

• (g) in subsection (7), after “the Deputy Presiding Officer” insert “elected under paragraph (b) of subsection (1)”;

• (h) after subsection (7), insert—

(7A) Subject to subsection (9), a Deputy Presiding Officer elected under subsection (1A) must not belong to— (a) the same political group as either the Presiding Officer or Deputy Presiding Officer elected under paragraph (b) of subsection (1), or (b) where the Presiding Officer and the Deputy Presiding Officer elected under paragraph (b) of subsection (1) both belong to political groups without an executive role, a political group without an executive role.

;

• (i) in subsection (9), for “subsection (7) is not to apply” substitute “one or both of subsections (7) and (7A) are not to apply”;

• (j) in subsection (10), for “the Deputy Presiding Officer” substitute “a Deputy Presiding Officer”;

• (k) in subsection (11), for “the Deputy Presiding Officer” substitute “a Deputy Presiding Officer”;

• (l) in subsection (12), for paragraph (b), substitute—

(b) the office of Deputy Presiding Officer is vacant or, for any reason, no Deputy Presiding Officer is able to act.

;

• (m) in subsection (13), for “Deputy Presiding Officer” substitute “a Deputy Presiding Officer”.

• (2) In section 20(3)(b) (remuneration of Members of the Senedd) of the 2006 Act, for “Deputy Presiding Officer” substitute “a Deputy Presiding Officer”.

• (3) In section 41 (proceedings by or against the Senedd) of the 2006 Act—

• (a) in subsection (2)(a), for “Deputy Presiding Officer”, substitute “a Deputy Presiding Officer”;

• (b) in subsection (4)(b), for “Deputy Presiding Officer” substitute “a Deputy Presiding Officer”.

• (4) In section 159 (index of defined expressions) of the 2006 Act, omit the entry for “the Deputy Presiding Officer”.

• (5) In paragraph 16A(6) of Schedule 1 (chairing of the Llywydd’s Committee) to the Political Parties, Elections and Referendums Act 2000 (c. 41), for “the Deputy Presiding Officer” substitute “a Deputy Presiding Officer”.

• (6) In section 28(2) (delegation of functions) of the Public Audit (Wales) Act 2013 (anaw 3), for “the Deputy Presiding Officer” substitute “a Deputy Presiding Officer”.

Increase in maximum number of Welsh Ministers

5

In section 51 (limit on number of Ministers) of the 2006 Act—

• (a) in subsection (1), for “twelve” substitute “17”;

• (b) after subsection (2) insert—

(3) The Welsh Ministers may by regulations amend subsection (1) to increase the maximum number of holders of a relevant Welsh Ministerial office— (a) from 17 to 18 or 19; (b) from 18 to 19. (4) The power in subsection (3) may not be used to lower the maximum number (including by revoking regulations made under that subsection). (5) A statutory instrument containing regulations under subsection (3) may not be made unless‍— (a) a draft of the instrument has been laid before‍ the Senedd, and (b) the number of Members of the Senedd voting in favour of a resolution of the Senedd approving the draft is at least two-thirds of the total number of Senedd seats.

Disqualification from being a Member of the Senedd or a candidate

6

In Part 1 of Schedule 1A (disqualification) to the 2006 Act, after paragraph 7 insert—

(8) A person who is not registered in the register of local government electors at an address within a Senedd constituency.

Review of possible job-sharing of offices relating to the Senedd

7

• (1) The Presiding Officer must table a motion that complies with subsection (2)—

• (a) as soon as practicable after the first meeting of the Senedd following the first general election held after‍ 7 November 2025, and

• (b) in any event, no later than six months after the first meeting of the Senedd following that election.

• (2) The motion must propose that—

• (a) the Senedd establish a committee for the purpose of carrying out a review of the extent to which—

• (i) persons should be able to jointly hold any relevant office;

• (ii) a person should be able to temporarily hold a relevant office while the person appointed or elected to that office is unavailable, and

• (b) the committee prepare a report on the review, setting out its recommendations.

• (3) In subsection (2)(a), “relevant office” means the office of—

• (a) Member of the Senedd;

• (b) Presiding Officer;

• (c) Deputy Presiding Officer;

• (d) member of the Senedd Commission (appointed in accordance with section 27 of the 2006 Act);

• (e) First Minister;

• (f) Welsh Minister (appointed under section 48 of the 2006 Act);

• (g) Deputy Welsh Minister (appointed under section 50 of the 2006 Act);

• (h) Counsel General.

• (4) Subsection (5) applies if, following a review‍ of any of the matters mentioned in subsection (2)(a) by a committee established pursuant to a motion tabled in accordance with subsection (1), a report on the review is laid before the Senedd by the committee.

• (5) If this subsection applies, the Welsh Ministers must lay before the Senedd a statement that—

• (a) sets out the Welsh Ministers’ response to the report mentioned in subsection (4), and

• (b) sets out what steps, if any, the Welsh Ministers intend to take in relation to any recommendations in the report.

PART 2 — VOTING SYSTEM AT SENEDD GENERAL ELECTIONS AND ALLOCATION OF SEATS

General elections

8

For sections 6 to 9 of the 2006 Act (voting and seat allocation at general elections) substitute—

(6) (1) Each person entitled to vote at a general election in a Senedd constituency may give a vote for— (a) a registered political party that has submitted a list of candidates to be Members of the Senedd for the constituency, or (b) an individual who is a candidate (“an individual candidate”) to be a Member of the Senedd for the constituency. (2) An order under section 13 must provide for the ballot paper used at a general election in a Senedd constituency to include the names of the candidates who stand nominated to be Members of the Senedd for the constituency. (‍3) In this Act “registered political party” means a party registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 (c. ‍41). (7) (1) A registered political party may submit a list of candidates to be Members of the Senedd for a particular Senedd constituency at a general election. (2) The list must be submitted to the constituency returning officer. (3) The list must not include more than eight people (but may include only one). (4) The list must not include a person— (a) who is included on another list submitted under this section (whether for the constituency or another constituency); (b) who is an individual candidate to be a Member of the Senedd (whether for the constituency or another constituency). (5) A person may not be an individual candidate to be a Member of the Senedd for a constituency if that person is— (a) included on a list submitted under this section (whether for the constituency or another constituency); (b) an individual candidate to be a Member of the Senedd for another constituency. (6) In this Act “constituency returning officer”, in relation to a Senedd constituency, means the person designated as the returning officer for the constituency in accordance with an order under section 13 (power of the Welsh Ministers to make provision about elections etc.). (8) (1) This section and section 9 are about the allocation, to registered political parties or individual candidates, of the seats for a Senedd constituency at a general election. (2) For each registered political party by which a list of candidates has been submitted under section 7 (candidates at general elections) for the constituency— (a) the votes given in the constituency for the party are to be added up, and (b) the number arrived at under paragraph (a) is to be divided by the seat allocation divisor. (3) On the first calculation for a party under subsection (2)(b), the seat allocation divisor for the party is one (section 9 makes provision about recalculations under that subsection with an increased divisor). (4) For each individual candidate to be a Member of the Senedd for the constituency, the votes given in the constituency for the candidate are to be added up. (5) The number arrived at— (a) in the case of a registered political party, under subsection (2)(b), or (b) in the case of an individual candidate, under subsection (4), is referred to in section 9 as the “seat allocation figure” for that party or individual candidate. (9) (1) The first seat for a Senedd constituency is to be allocated to the registered political party or individual candidate with the highest seat allocation figure. (2) The second and subsequent seats for the constituency are to be allocated to the party or individual candidate with the highest seat allocation figure after any recalculation required by subsection (3) has been carried out. (3) This subsection requires a recalculation of the seat allocation figure for a registered political party— (a) for the first application of subsection (2), if the application of subsection (1) resulted in the allocation to the party of a seat for the constituency, or (b) for any subsequent application of subsection (2), if the previous application of that subsection resulted in the allocation to the party of a seat for the constituency, and each recalculation is to be carried out under section 8(2)(b) after adding one to the previous seat allocation divisor for that party. (4) An individual candidate already allocated a seat as a Member of the Senedd for the constituency is to be disregarded when applying subsection (2). (5) Seats for the constituency that are allocated to a party are to be filled by the candidates on the party’s list in the order in which they appear on the list. (6) Once a party’s list has been exhausted (by the application of subsection (1) or (2)), the party is to be disregarded when applying subsection (2). (7) If, on the application of subsection (1) or on an application of subsection (2), the highest seat allocation figure is the seat allocation figure for two or more parties or individual candidates (referred to in subsection (8) as the “tied seat allocation figure”), subsection (1) or (2) (as the case may be) applies to each of them. (8) But if subsection (7) would mean that more than the full number of seats for the constituency were allocated, subsection (1) or (2) is not to be applied until— (a) a recalculation of the seat allocation figure for any party with the tied seat allocation figure has been carried out under section 8(2)(b) after adding one to the number arrived at under section 8(2)(a), and (b) one has been added to the number arrived at under section 8(4) for any individual candidate with the tied seat allocation figure. (9) If, after that, the highest seat allocation figure is still the seat allocation figure for two or more parties or individual candidates (so it is still the case that more than the full number of seats for the constituency would be allocated), the constituency returning officer must decide between them by lots.

Vacant seats

9

• (1) The 2006 Act is amended as follows.

• (2) Omit section 10 (constituency vacancies).

• (3) For section 11 (electoral region vacancies) substitute—

(11) (1) This section makes provision about what is to happen if the seat of a Member of the Senedd becomes vacant. (2) If the Member was an individual candidate when returned as a Member of the Senedd, the seat remains vacant until the next general election. (3) If the Member was returned as a Member of the Senedd from a list submitted under section 7 by a registered political party, the constituency returning officer must notify to the Presiding Officer the name of the person (if any) who is to fill the vacancy. (4) A person’s name may be notified under subsection (3) only if the person— (a) is included on the list mentioned in subsection (3), (b) is willing to serve as a Member of the Senedd, and (c) is not a person to whom subsection (5) applies. (5) This subsection applies to a person if— (a) the person is not a member of the registered political party that submitted the list, and (b) the party gives notice to the constituency returning officer that the person’s name is not to be notified to the Presiding Officer as the name of the person who is to fill the vacancy. (6) But if there is more than one person who satisfies the conditions in subsection (4), the constituency returning officer may only notify the name of whichever of them was the higher, or the highest, on the list. (7) If there is no-one who satisfies the conditions in subsection (4), the seat remains vacant until the next general election. (8) A person whose name is notified under subsection (3) is to be treated as having been declared to be returned as a Member of the Senedd on the day on which notification of the person’s name is received by the Presiding Officer. (9) For the purposes of this section, a person included on the list mentioned in subsection (3)— (a) who was returned as a Member of the Senedd at the election for which the list was submitted (even if the return was void), or (b) who was subsequently returned as a Member of the Senedd under this section (even if the return was void), is treated on and after their return as not having been included on the list.

Related amendments

10

• (1) The 2006 Act is amended in accordance with subsections (2) to (8).

• (2) In section 12 (entitlement to vote)—

• (a) in subsection (1), omit “(or of a Member of the Senedd)”;

• (b) in subsection (2)—

• (i) in paragraph (a) for “constituency vote, or more than one electoral region vote,” substitute “vote”;

• (ii) after paragraph (a) insert “or”;

• (iii) omit paragraph (c), and the “or” before it.

• (3) In section 13 (power of the Welsh Ministers to make provision about elections etc.)—

• (a) in subsection (2)—

• (i) omit paragraph (e) (but not the “and” after it);

• (ii) in paragraph (f), for “region” substitute “constituency”;

• (b) in subsection (3), for “11(3) to (5)” substitute “11(4) to (6)”.

• (4) In section 13A (power of the Secretary of State to make provision about the combination of polls), in subsection (1)(b) omit “, and by-elections for the return of Members of the Senedd,”.

• (5) In section 18 (effect of disqualification), in subsection (A1) omit “or an election to fill a vacancy under section 10”.