Elections and Elected Bodies (Wales) Act 2024

PART 1 — ELECTORAL ADMINISTRATION AND REGISTRATION

CHAPTER 1 — CO-ORDINATION OF ELECTORAL ADMINISTRATION

Electoral Management Board of Democracy and Boundary Commission Cymru

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• (1) The Democracy and Boundary Commission Cymru etc. Act 2013 (anaw 4) (“the 2013 Act”) is amended as follows.

• (2) After Part 2 insert—

(20A) (1) The Commission has the general function of co-ordinating the administration of Welsh elections and referendums. (2) The general function in subsection (1) includes— (a) assisting returning officers, local authorities and other persons in carrying out their functions in relation to Welsh elections and referendums; (b) promoting best practice in the administration of Welsh elections and referendums by providing information, advice or training (or otherwise). (3) The Commission may provide information, advice or other assistance to the Welsh Ministers about the administration of Welsh elections and referendums. (4) In this Part “Welsh elections and referendums” means— (a) Senedd Cymru elections; (b) local government elections in Wales; (c) devolved referendums. (20B) (1) The Commission may give directions in writing to returning officers about the exercise of the officers’ functions in relation to— (a) Senedd Cymru elections generally, (b) a particular Senedd Cymru election, (c) local government elections in Wales generally, (d) a particular local government election in Wales, (e) devolved referendums generally, or (f) a particular devolved referendum. (2) A direction under subsection (1) may require a returning officer to provide the Commission with information. (3) A direction under subsection (1) may require a returning officer— (a) to exercise any discretion the officer has in performing the officer’s functions, or (b) to exercise the discretion in a particular way. (4) A returning officer to whom a direction under subsection (1) is given must comply with the direction in so far as it directs the officer— (a) to exercise any discretion the officer would otherwise have in performing the officer’s functions (or exercise it in a particular way), or (b) to provide information to the Commission. (5) A returning officer is not required to comply with a direction under subsection (1)— (a) if compliance with the direction would be inconsistent with a duty of the officer under any enactment, (b) in so far as exercise of the officer’s functions subject to the direction relates to a reserved election in a poll combined with a Welsh election or referendum, or (c) in so far as exercise of the officer’s functions subject to the direction relates to the combination of— (i) a poll at a reserved election with the poll at a Welsh election or referendum; (ii) a poll at a Senedd Cymru election with the poll at an ordinary local government election in Wales. (6) The Commission must publish each direction it gives under subsection (1). (20C) (1) The Commission may give directions in writing to electoral registration officers about the exercise of the officers’ functions in relation to— (a) a particular Senedd Cymru election, (b) a particular local government election in Wales, or (c) a particular devolved referendum. (2) A direction under subsection (1) may require an electoral registration officer— (a) to exercise any discretion the officer has in performing the officer’s functions, or (b) to exercise the discretion in a particular way. (3) A direction under subsection (1) may require an electoral registration officer to provide the Commission with information. (4) An electoral registration officer to whom a direction under subsection (1) is given must comply with the direction in so far as it directs the officer— (a) to exercise any discretion the officer would otherwise have in performing the officer’s functions (or exercise it in a particular way), or (b) to provide information to the Commission. (5) An electoral registration officer is not required to comply with a direction under subsection (1)— (a) if it is inconsistent with— (i) a duty of the officer under any enactment, or (ii) a direction given under section 52 of the 1983 Act; (b) in so far as exercise of the officer’s functions relates to a poll in a reserved election combined with a poll in a Welsh election or referendum. (6) The Commission must publish each direction it gives under subsection (1). (20D) (1) Before giving a direction under section 20B or 20C, the Commission must consult the Electoral Commission. (2) The Electoral Commission must give a response in writing to the Commission to the matters on which it is consulted. (20E) (1) The Commission must establish a board to be known as the Electoral Management Board (“the Board”). (2) The functions of the Commission under the provisions specified in subsection (3) are delegated to the Board and must only be exercised by the Board. (3) The provisions are— (a) sections 20A to 20D; (b) chapter 3 of Part 1 of the Elections and Elected Bodies (Wales) Act 2024 (Welsh elections piloting and reform); (c) provision specified in regulations made by the Welsh Ministers. (4) The powers in section 12 may be exercised by the Board or the Commission in relation to the functions delegated by subsection (2). (5) Subsection (2) does not affect the Commission’s responsibility for exercise of the delegated functions. (20F) (1) The Board is to consist of— (a) a member of the Commission to chair the Board who is a former elections officer, (b) one other member of the Commission, and (c) members who are elections officers or former elections officers (one of whom is to be the deputy chair of the Board). (2) The members of the Board are to be appointed by the Commission. (3) The Commission must appoint at least four members to the Board of the kind described in subsection (1)(c). (4) The chair is to be chosen by the Commission and the deputy chair is to be chosen by the Board. (5) Members of the Board who are also members of the Commission are to be appointed on terms and conditions determined by the Welsh Ministers. (6) The other members of the Board are to be appointed on terms and conditions determined by the Commission after consultation with the Welsh Ministers. (7) The terms and conditions that may be determined under subsections (5) and (6) include conditions as to remuneration, allowances and expenses. (8) A person appointed under subsection (1)(c) must not be— (a) a member of‍ a UK legislature;‍ (b) a member of the staff of‍ the Senedd (within the meaning of the Government of Wales Act 2006 (c. 32)); (c) a person‍ engaged by a member of a UK legislature, under a contract of service or a contract for services, in connection with the carrying out of the member’s functions; (d) a member of a local authority; (e) a member of a National Park authority for a National Park in Wales; (f) a police and crime commissioner for a police area in Wales; (g) a Commissioner or Assistant Commissioner; (h) a member of the Commission’s staff; (i) a person employed in the civil service of the state. (9) In this section “elections officer” means— (a) a returning officer, or (b) an electoral registration officer. (20G) Members of the Board hold and vacate office in accordance with their terms and conditions of appointment. (20H) (1) The members of the Board must have votes of equal weight to each other for the purpose of the Board’s decisions, but the chair (or deputy chair if the chair is absent) has the casting vote in the event of a tied vote. (2) The Board may otherwise regulate its own procedure (including quorum). (3) The validity of anything done by the Board in exercise of the Commission’s functions is not affected by any defect in the appointment of a member. (4) The chair or deputy chair may (with the agreement of the other members of the Board) invite a person to attend a meeting of the Board for the purpose of providing advice or otherwise assisting the Board. (20I) In this Part— - “the 1983 Act” (“Deddf 1983”) means the Representation of the People Act 1983 (c. 2); - “devolved referendums”(“refferenda datganoledig”) means referendums held under— section 27 of the Local Government Act 2000 (c. 22) or by virtue of regulations or an order made under Part 2 of that Act; section 40 of the 2011 Measure; any other enactment (whenever passed or made) that would be within the legislative competence of Senedd Cymru if it were in a provision of an Act of the Senedd (whether the provision would require the consent of a Minister of the Crown or not); - “electoral registration officer” (“swyddog cofrestru etholiadol”) means an officer appointed under section 8(2A) of the 1983 Act or any person who may exercise the functions of the officer; - “local government elections” (“etholiadau llywodraeth leol”) means the election of— councillors for an electoral ward of a county or county borough, councillors for a community ward or, in the case of a community where there are no wards, for the community, or an elected mayor or elected executive member under regulations made by virtue of section 44 of the Local Government Act 2000 (c. 22); - “reserved election” (”etholiad a gedwir yn ôl”) means— an election for membership of the House of Commons; an election for the office of police and crime commissioner; - “returning officer” (“swyddog canlyniadau”) means— a returning officer (however described)— appointed under section 35(1A) of the 1983 Act, designated in accordance with an order made under section 13 of the Government of Wales Act 2006 (c. 32) (“the 2006 Act”), or appointed under regulations made by virtue of section 44 or 45 of the Local Government Act 2000 (c. 22); any person who may exercise the functions of a returning officer falling within paragraph (a).

Minor and consequential amendments

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Part 1 of Schedule 1 makes minor and consequential amendments relating to this Chapter.

CHAPTER 2 — ELECTORAL REGISTRATION WITHOUT APPLICATIONS

Duty to register local government electors

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• (1) Section 18 (registration of local government electors without application) of the Local Government and Elections (Wales) Act 2021 (asc 1) is omitted.

• (2) After section 9 of the Representation of the People Act 1983 (c. 2) (“the 1983 Act”) (registers of electors), insert—

(9ZA) (1) This section applies to the registration of local government electors for an area in Wales. (2) The duty in subsection (3) applies if— (a) a registration officer is aware of a person’s name and address, (b) the person is not registered in the register of local government electors maintained by the officer, and (c) the officer is satisfied that the person is entitled to be registered in that register. (3) The registration officer must notify the person in writing of— (a) the officer’s duty under subsection (5) to register the person after the end of the notice period, (b) the exceptions to the duty under subsection (5) in paragraphs (a) to (c) of that subsection, (c) the person’s right to request exclusion from the edited register of local government electors, if provision is made for an edited register in regulations under section 53, (d) the person’s right to apply for anonymous registration, (e) the type of elections in which the person will be entitled to vote following registration under this section, and (f) the type of elections in which the person will not be entitled to vote following registration under this section unless an application for registration is made. (4) In this section “the notice period” is the period of‍ 60 days beginning with the day on which the notice under subsection (3) is given. (5) After the end of the notice period the registration officer must register the person in the register of local government electors, unless— (a) the person has notified the officer in writing that the person does not wish to be registered, (b) the officer is no longer satisfied that the person is entitled to be registered in the register of local government electors (whether because of information provided by the person or otherwise), or (c) the person has notified the officer that the person wishes to make an application for an anonymous entry in the local government register under section 9B in conjunction with an application for registration in that register under section 10ZC or the person has made such an application. (6) The Welsh Ministers may by regulations make provision about giving notice for the purpose of this section, including (but not limited to) provision— (a) about the form of the notice; (b) about how the notice is given; (c) requiring or authorising the registration officer to give a copy of the notice to a person other than the person to be registered. (7) The registration officer must keep a separate list of the persons registered under this section. (8) The power to make regulations under this section is exercisable by statutory instrument. (9) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of Senedd Cymru.

Provision connected to the duty to register eligible local government electors

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

• (2) In section 9 (registers of electors), after subsection (2) insert—

(2A) Subject to any other provision of this Act, each register of local government electors for an area in Wales must also contain the names of persons who are registered in accordance with section 9ZA(5) along with the information mentioned in paragraphs (b) and (c) of subsection (2) relating to those persons.

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

(1A) The duty of a registration officer under subsection (1) does not apply in relation to the registration of a person in a register of local government electors for an area in Wales if— (a) the registration officer has yet to complete any steps prescribed under section 53 in connection with the duty in section 9ZA(3) as it relates to the person or is otherwise yet to decide whether the duty in section 9ZA applies to the person, (b) the duty in section 9ZA(3) applies in relation to the person and the notice period under that section has not ended, or (c) the duty in section 9ZA(5) applies in relation to the person.

• (4) In section 13A(1) (alteration of registers), after paragraph (zb) insert—

(zc) in the case of a registration officer for a local government area in Wales, is required by section 9ZA(5) to enter a person in the register;

.

• (5) In section 13AB(1) (alteration of registers: interim publication dates), in paragraph (a) after “(zb),” insert “(zc),”.

• (6) In section 13B(2) (alteration of registers: pending elections), in paragraph (a) after “(zb),” insert “(zc),”.

• (7) In section 53 (power to make regulations as to registration etc.), after subsection (8) insert—

(8A) Provision made by regulations relating to the matters specified in paragraph 1A(1)(aa) of Schedule 2— (a) may only be made by the Welsh Ministers; (b) 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; (c) 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.

• (8) In section 56(1) (registration appeals: England and Wales), after paragraph (aa) insert—

(azaa) from any decision of a registration officer for a local government area in Wales to register a person under section 9ZA(5);

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• (9) In Schedule 2 (provisions which may be contained in regulations as to registration etc.)—

• (a) in paragraph 1A(1), after paragraph (a) insert—

(aa) to decide whether a person is eligible to be included in the register for the purpose of section 9ZA,

;

• (b) after paragraph 1B insert—

(1C) Provision authorising or requiring a registration officer maintaining a register of local government electors for an area in Wales to take specified steps for the purpose of deciding whether a person is eligible to be included in the register for the purpose of section 9ZA.

• (c) in paragraph 10, after sub-paragraph (2) insert—

(3) This paragraph does not apply to a register of local government electors for an area in Wales.

• (d) in paragraph 10B, after sub-paragraph (3) insert—

(4) Paragraph (b) of sub-paragraph (1) does not apply to a register of local government electors for an area in Wales.

CHAPTER 3 — WELSH ELECTIONS PILOTING AND REFORM

Welsh election pilots

Pilot regulations: powers

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• (1) The Welsh Ministers may by regulations make Welsh election pilot provision (“pilot regulations”).

• (2) Welsh election pilot provision is provision that—

• (a) relates to one or more relevant electoral matters,

• (b) has effect for a specified period or a specified Welsh election,

• (c) applies in relation to an electoral area or two or more electoral areas, and

• (d) is either—

• (i) not in elections legislation,

• (ii) different from provision in elections legislation, or

• (iii) connected to provision of the kind specified in sub-paragraph (i) or (ii).

• (3) The relevant electoral matters are—

• (a) registration of persons eligible to vote in a Welsh election, including (among other things)—

• (i) the rights and duties of individuals as regards registration,

• (ii) the administration of registration and the register of electors,