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The Senedd Cymru (Representation of the People) Order 2025

Type Welsh-Statutory-Instrument

Publication 2025-07-09

Last updated 2026-02-05

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(b) a statement as to P2’s qualification for membership of the Senedd,

(i) an individual candidate in any other Senedd constituency, or

(ii) a party list candidate in any Senedd constituency,

the poll for which is to be held on the same day as the poll at the election to which the consent relates,

(d) a statement as to P2’s party membership, or

(e) a statement as to the Senedd constituency in which P2 is registered as a local government elector,

which P2 knows to be false.

(3) A person (“P3”) is guilty of a corrupt practice if, in the case of a party list candidate at a Senedd election, P3 makes in any document in which P3 gives consent to nomination as a candidate—

(a) a statement of P3’s date of birth,

(b) a statement as to P3’s qualification for membership of the Senedd,

(i) an individual candidate in any Senedd constituency, or

(ii) a candidate on any other party list submitted in respect of any Senedd constituency,

the poll for which is to be held on the same day as the poll at the election to which the consent relates,

(d) a statement as to P3’s party membership, or

(e) a statement as to the Senedd constituency in which P3 is registered as a local government elector,

which P3 knows to be false.

(4) For the purposes of paragraphs (2) and (3), a statement as to the candidate’s qualification is a statement that to the best of their knowledge and belief they are not disqualified from being elected under section 16(A1) of the 2006 Act⁴⁷ (disqualification from being member of the Senedd).

(5) For the purposes of paragraphs (2) and (3), a statement as to the candidate’s party membership is a statement made in accordance with rule 10 of Schedule 5 (statements of party membership).

Requirement of secrecy

35

(1) Except where authorised by law, the following persons must maintain, and aid in maintaining, the secrecy of voting in relation to the information described in paragraph (2) until the close of the poll—

(a) a returning officer or a member of staff of a returning officer,

(b) a presiding officer or clerk appointed under rule 35 of Schedule 5,

(d) any person attending by virtue of any of sections 6A to 6D of the 2000 Political Parties Act⁴⁸.

(2) The information to which paragraph (1) refers is—

(a) the name of any elector or proxy for an elector who has or has not applied for a ballot paper or voted at a polling station,

(b) the number on the register of electors of any elector who, or whose proxy, has or has not applied for a ballot paper or voted at a polling station, or

(3) Every person attending at the counting of the votes must maintain and aid in maintaining the secrecy of voting and must not—

(a) ascertain, or attempt to ascertain, at the counting of votes the number or other unique identifying mark on the back of any ballot paper, or

(b) communicate any information obtained at the counting of votes as to how any vote is given on any particular ballot paper.

(4) No person may—

(a) interfere with, or attempt to interfere with, a voter when they are giving their vote,

(b) otherwise obtain, or attempt to obtain, in a polling station information as to how a voter in that station is about to vote or has voted,

(c) communicate at any time to any person any information obtained in a polling station as to how a voter in that station is about to vote or has voted, or as to the number or other unique identifying mark on the back of a ballot paper given to a voter at that station, or

(d) directly or indirectly induce a voter to display a ballot paper after the voter has marked it so as to make known to any person how the voter has or has not voted.

(5) Every person attending the proceedings in connection with the issue or the receipt of ballot papers for persons voting by post must maintain and aid in maintaining the secrecy of the voting and must not—

(a) except for some purpose authorised by law, communicate, before the poll is closed, to any person any information obtained at those proceedings as to the official mark,

(b) except for some purpose authorised by law, communicate to any person at any time any information obtained at those proceedings as to the number or other unique identifying mark on the back of the ballot paper sent to any person,

(c) except for some purpose authorised by law, attempt to ascertain at the proceedings in connection with the receipt of ballot papers the number or other unique identifying mark on the back of any ballot paper, or

(d) attempt to ascertain at the proceedings in connection with the receipt of the ballot papers how any vote is given on any particular ballot paper, or communicate any information obtained at those proceedings in that regard.

(6) No person having undertaken to assist a voter with disabilities may communicate at any time to any person any information as to how that voter intends to vote or has voted, or as to the number or other unique identifying mark on the back of the ballot paper given for the use of that voter.

(7) If a person acts in contravention of this article that person is liable on summary conviction to—

(a) a fine not exceeding level 5 on the standard scale, or

(b) imprisonment for a term not exceeding 6 months.

(8) In relation to an offence committed after the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in paragraph (7) to 6 months must be taken to be a reference to 51 weeks.

Prohibition on publication of exit polls

36

(1) Before the poll is closed no person may publish—

(a) any statement relating to the way in which voters have voted at the election where that statement is, or might reasonably be taken to be, based on information given by voters after they have voted, or

(b) any forecast as to the result of the election which is, or might reasonably be taken to be, based on information so given.

(2) A person who acts in contravention of paragraph (1) is liable on summary conviction to—

(a) a fine not exceeding level 5 on the standard scale, or

(b) imprisonment for a term not exceeding 6 months.

(3) In relation to an offence committed after the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in paragraph (2) to 6 months must be taken to be a reference to 51 weeks.

(4) In this article—

“forecast” (“rhagolwg”) includes estimate,

“publish” (“cyhoeddi”) means to make available to the public at large, or any section of the public, in whatever form and by whatever means, and

any reference to the result of an election is a reference to the result of the election either as a whole or so far as any particular candidate or candidates at the election is or are concerned.

PART 3 — The election campaign

Interpretation of Part 3

37

(1) In this Part—

“candidate” (“ymgeisydd”) is to be construed in accordance with paragraph (2);

“disputed claim” (“hawliad y mae anghydfod yn ei gylch”) has the meaning given by article 52(1) as extended by article 53;

“for the purposes of the candidate’s election” (“at ddibenion ethol yr ymgeisydd”) means with a view to, or otherwise in connection with, promoting or procuring the candidate’s election at the election;

“regulated period” (“cyfnod rheoleiddiedig”) has the meaning given by article 49;

“return as to election expenses” (“ffurflen ynghylch treuliau etholiad”) means a return (including the bills and receipts to be delivered with it) to be made under article 54.

(2) A person (“P”) becomes a candidate in relation to a Senedd general election—

(a) on the date of the dissolution of the Senedd if on or before that day P is declared, either by P or others, to be a candidate at the election, or

(b) otherwise, the day on which—

(i) P is declared, by P or others, as a candidate at the election, or

(ii) P is nominated as a candidate at the election,

whichever is the earlier.

(3) Matters included as personal expenses are—

(a) travelling expenses;

(b) expenses of living at hotels or elsewhere.

Computation of time for the purposes of Part 3

38

(1) Where the day or last day on which anything is required or permitted to be done, by or in pursuance of this Part, is an excluded day—

(a) the requirement or permission is deemed to relate instead to the first day after that day that is not an excluded day, and

(b) in computing any period of not more than 7 days for the purposes of this Part, any excluded day is to be disregarded.

(2) For the purposes of paragraph (1), an excluded day is—

(a) a Saturday;

(b) a Sunday;

(d) Christmas Day;

(e) Good Friday;

(f) a day that is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971⁴⁹;

(g) a day appointed for public thanksgiving or mourning.

The Election Agent

Appointment of election agent

39

(1) Not later than the latest time for the publication of the statement of parties and persons nominated (rule 1(1) of Schedule 5)—

(a) a person must be named by, or on behalf of, each individual candidate as the candidate’s election agent, and

(b) the name and address of the candidate’s election agent must be declared in writing by the candidate, or some other person on the candidate’s behalf, to the returning officer.

(2) Individual candidates may name themselves as their election agent.

(3) Not later than the latest time for the publication of the statement of parties and persons nominated—

(a) a person must be named by, or on behalf of, each registered political party submitting a party list as the election agent for that party in relation to that list, and

(b) the name and address of a party’s election agent must be declared in writing, by or on behalf of that party’s registered nominating officer, to the returning officer.

(4) A candidate included on a registered political party’s party list may be named as election agent for that party in relation to that party list.

(5) Where, in accordance with paragraph (1) or (3), a candidate is named as election agent and the home address form accompanying that candidate’s nomination paper contains a statement under rule 8(4) of Schedule 5 that the candidate’s home address must not be made public—

(a) the candidate’s home address must not be included in the public notice under paragraph (11), and

(b) the information given in the candidate’s home address form under rule 8(5) of Schedule 5 must be included in the public notice instead.

(6) Where, in accordance with paragraph (1) or (3), a candidate is named as an election agent and the statement of parties and persons nominated shows commonly used forenames or surnames for that candidate, the public notice under paragraph (11) must show those commonly used forenames or surnames instead of the forenames or surnames stated in the nomination paper in accordance with rules 5(4)(a) and 6(6) of Schedule 5.

(7) Where a candidate is named as an election agent, so far as circumstances permit, that candidate is subject to the provisions of this Order, both as a candidate and as an election agent and, except where the context otherwise requires, any reference in this Order to an election agent will be construed as referring to the candidate acting as an election agent.

(8) Only one election agent may be appointed for—

(a) each individual candidate, and

(b) each registered political party that has submitted a party list,

but the appointment, whether the election agent appointed is a candidate or not, may be revoked.

(9) If, whether before, during or after the election, the appointment, or deemed appointment (see article 42(1) or (2)), of an election agent is revoked or an election agent dies, another election agent must be appointed without delay, and the name and address of that agent must be declared in writing to the returning officer.

(10) The declaration as an election agent of a person other than—

(a) an individual candidate, or

(b) in relation to a registered political party that has submitted a party list, the candidate whose name appears first on the list,

will be of no effect under this article unless it is made and signed by that person, or is accompanied by a written declaration of acceptance signed by that person.

(11) Subject to paragraphs (5) and (6), upon the name and address of an election agent being declared to the returning officer, the returning officer must immediately give public notice of that name and address.

Nomination of sub-agent

40

(1) Subject to the provisions of this article, an election agent appointed in accordance with article 39 may appoint one deputy election agent, referred to in this Order as a sub-agent, to act in any part of the Senedd constituency.

(2) Where a sub-agent is appointed in accordance with paragraph (1)—

(a) anything done for the purposes of this Order, by or to the sub-agent, will be deemed to be done by or to the election agent,

(b) any act or default of a sub-agent which, if the sub-agent were the election agent, would be an illegal practice or other offence under this Order, will be an illegal practice or offence under this Order committed by the sub-agent, and the sub-agent will be liable to punishment accordingly, and

(c) an individual candidate, or each candidate on the registered political party’s list, will be subject to the same incapacity as if that act or default had been the election agent’s act or default.

(3) Where a registered political party submits a party list of candidates for a constituency election—

(a) the election agent for those candidates must, if the election agent appoints a sub-agent for any part of the constituency area in the case of any of those candidates, appoint the same person for that part of the constituency in respect of all candidates, and

(b) any such appointment may only be revoked in respect of all of the candidates.

(4) Not later than the second day before the day of the poll, an election agent must declare in writing to the returning officer the name and address of any sub-agent appointed in accordance with paragraph (1), and the returning officer must immediately give public notice of the name and address of every sub-agent so declared.

(5) The appointment of a sub-agent—

(a) is not vacated in the event of the election agent who appointed the sub-agent ceasing to be an election agent, but

(b) may be revoked by whoever is for the time being the election agent.

(6) In the event of the revocation of the appointment or of the death of a sub-agent, another sub-agent may be appointed, and the name and address of that sub-agent must without delay be declared in writing to the returning officer, who must immediately give public notice of the name and address of that sub-agent.

(7) The declaration to be made to a returning officer, and the public notice to be given by the returning officer, under paragraph (4) or (6) must specify the part of the Senedd constituency within which any sub-agent is appointed to act.

Office of election agent and sub-agent

41

(1) Every election agent and every sub-agent must have an office to which all claims, notices, legal processes and other documents may be sent, and the address of the office must be—

(a) declared to the returning officer when the appointment of the election agent or sub-agent is declared to the returning officer, and

(b) stated in the public notice under article 39(11) or 40(4).

(2) Paragraph (3) applies where—

(a) in accordance with article 39(1) or (3), a candidate is named as election agent,

(b) the home address form accompanying that candidate’s nomination paper contains a statement under rule 8(4) of Schedule 5 that the candidate’s home address must not be made public, and

(3) If the candidate, in their capacity as election agent, does not want the office address to be included in the public notice under article 39(11), the candidate must, in addition to declaring the office address, provide the returning officer with another address in England or Wales to be used for correspondence (“a correspondence address”).

(4) Where the candidate, in their capacity as election agent, provides a correspondence address under paragraph (3)—

(a) the office address must not be included in the public notice under article 39(11), and

(b) the correspondence address must be included instead.

(5) The office of an election agent must be—

(a) in the Senedd constituency in which the candidate the agent represents is standing or an adjoining Senedd constituency, or

(b) in a county or county borough which is partly comprised in or adjoins the Senedd constituency in which the candidate the agent represents is standing.

(6) The office of a sub-agent must be in the area within which the sub-agent is appointed to act.

(7) Any claim, notice, legal process or other document delivered at the office of the election agent or sub-agent, or delivered to a correspondence address provided under paragraph (3), and addressed to the election agent or sub-agent, is deemed to have been served on the election agent or sub-agent.

(8) Every election agent or sub-agent may, in respect of any matter connected with the election in which the election agent or sub-agent is acting, be sued in any court having jurisdiction at the place where the election agent’s or sub-agent’s office is situated.

Effect of default in election agent’s appointment

42

(1) If no person’s name and address is given as required by article 39 as the election agent of an individual candidate who remains validly nominated at the latest time for delivery of notices of withdrawal of candidature, the candidate is at that time deemed—

(a) to have been named as the election agent, and

(b) to have revoked any appointment of another person as the candidate’s election agent.

(2) If no person’s name and address is given as required by article 39 as the election agent of a registered political party which has submitted a party list at the latest time for delivery of notices of withdrawal of candidature—

(a) the candidate whose name appears first on the party’s list is at that time deemed to have been named as election agent, and

(b) any appointment of another person as that party’s election agent is deemed to have been revoked.

(3) This paragraph applies if—

(a) the person whose name and address has been given as the election agent for an individual candidate, not being the candidate, or for a registered political party dies, and

(b) a new appointment is not made on the day of the death or on the following day.

(4) Where paragraph (3) applies—

(a) in the case of the death of an election agent for an individual candidate, the candidate is deemed to be appointed as from the time of death, and

(b) in the case of the death of an election agent for a registered political party that has submitted a party list—

(i) the candidate whose name appears first on the list is deemed to have been appointed from the time of death, or

(ii) where paragraph (3) applies through the death of such a candidate, the candidate whose name appears next highest on the list is deemed to have been appointed from the time of death.

(5) If the appointment of an election agent is revoked without a new appointment being made—

(a) in the case of an individual candidate, the candidate is deemed to have been appointed, or re-appointed, as the election agent, and

(b) in the case of a registered political party that has submitted a party list, the candidate whose name appears first on that party’s list is deemed to have been appointed, or re-appointed, as the election agent.

(6) The deemed appointment of an election agent may be revoked as if it were an actual appointment.

(7) Where a candidate is by virtue of this article to be treated as an election agent, the office of the candidate is deemed to be the address as given for that purpose in the candidate’s consent to nomination under rule 9 of Schedule 5.

(8) The returning officer, on being satisfied that a person is by virtue of this article to be treated as an election agent, must immediately give notice as if the name and address of the person and the address of the person’s office had been given to the returning officer under articles 39 and 41.

Donation to Candidates

Control of donations to individual candidates

43

(1) In the case of an individual candidate at a Senedd election, any money or other property provided, whether as a gift or loan—

(a) by any person other than the candidate or the candidate’s election agent, and

(b) for the purpose of meeting election expenses incurred by or on behalf of the candidate,

must be provided to the candidate or the candidate’s election agent.

(2) Paragraph (1) does not apply to any money or other property so provided for the purpose of meeting any expenses which may be lawfully paid by a person other than the candidate or the candidate’s election agent.

(3) A person who provides any money or other property in contravention of paragraph (1) is guilty of an illegal practice.

(4) Schedule 6 makes further provision about donations to individual candidates at a Senedd election.

(5) In this article, “property” includes any description of property, and references to the provision of property include the supply of goods.

Individual candidates: payment of expenses by or through election agent

44

(1) Subject to paragraph (4), no payment is to be made by—

(a) an individual candidate at a Senedd election, or

(b) any other person,

in respect of election expenses incurred by or on behalf of the candidate unless it is made by or through the candidate’s election agent.

(2) Every payment made by an election agent in respect of any election expenses must, except where less than £20, be evidenced by a bill stating the particulars or by a receipt.

(3) The references in paragraphs (1) and (2) to an election agent are to be taken as references to the election agent acting personally or by a sub-agent.

(4) This article does not apply to—

(a) any expenses which are paid by the candidate in accordance with article 45(2) or (3) (expenses which may be paid otherwise than by an election agent), 51(9) (expenses paid in pursuance of an order of leave of a court) or 52(4) (expenses paid in relation to a disputed claim),

(b) any expenses which are paid in accordance with article 45(5) (expenses paid in relation to stationery etc.) by a person authorised as mentioned in that provision,

(c) any expenses included in a declaration made by the election agent under article 46(2) (expenses incurred otherwise than for election purposes),

(d) any expenses incurred on account of any matter falling within article 47 (prohibition of expenses not authorised by election agent etc.) by a person authorised as mentioned in that provision, or

(e) any election expenses which are regarded as incurred by or on behalf of the candidate by virtue of article 48(2).

(5) A person who makes any payment in contravention of paragraph (1) is guilty of an illegal practice.

Individual and party list candidates: expenses which may be paid otherwise than by an election agent

45

(1) A party list candidate at a Senedd election (“P”) may pay any personal expenses incurred by P on account of or in connection with or incidental to the election, but the amount which P may pay must not exceed £900, and any further personal expenses incurred by P must be paid by the treasurer of the registered political party on whose party list P is included as a party list candidate.

(2) An individual candidate at a Senedd election (“C”) may pay any personal expenses incurred by C on account of or in connection with or incidental to the election, but the amount which C may pay must not exceed £900, and any further personal expenses incurred by C must be paid by C’s election agent.

(3) C may also pay any election expenses, other than personal expenses falling within paragraph (1), which were incurred by C or on C’s behalf and in respect of which payment falls to be made before the date on which C appoints, or is deemed to have appointed, an election agent.

(4) C must send to the election agent within the time permitted by this Order for sending in claims (see article 51), a written statement of the amount of expenses paid as mentioned in paragraph (2) or (3) by C.

(5) Subject to paragraph (6), any person may, if so authorised in writing by C’s election agent, at a Senedd election pay any necessary expenses of stationery, postage, telephonic communication, or any other similar means of communication, and other petty expenses, to a total amount not exceeding that named in the authority.

(6) Any amount to be paid in respect of the matters included within paragraph (5) which is in excess of the amount named in the authority, must be paid by C’s election agent.

(7) A statement of the particulars of payments made under paragraph (5) by any person authorised must be sent to C’s election agent within the time permitted by this Order for sending in claims, and must be evidenced by a bill containing that person’s receipt.

(8) Articles 51 and 52 do not apply to expenses which, in accordance with any provision of this article, are paid otherwise than by C’s election agent.

Individual candidates: expenses incurred other than for election purposes

46

(1) Articles 44, 51 and 52 do not apply to election expenses—

(a) which are incurred by or on behalf of an individual candidate otherwise than for the purposes of the candidate’s election, but

(b) which by virtue of article 65(1) fall to be regarded as election expenses by reason of the property, goods, services or facilities in respect of which they are incurred being used for the purposes of the candidate’s election.

(2) The candidate’s election agent must make a declaration of the amount of any election expenses falling within paragraph (1).

Individual candidates: prohibition of expenses not authorised by election agent etc.

47

(1) During the regulated period, the expenses referred to in paragraph (2) and which are incurred with a view to promoting or procuring an individual candidate’s election, may only be incurred by that candidate, their election agent and persons authorised in writing by that candidate or their election agent.

(2) The expenses are those incurred in connection with—

(a) holding public meetings or organising any public display,

(b) issuing advertisements, circulars or publications, or

(c) otherwise presenting to the electors the candidate or the candidate’s views or the extent or nature of the candidate’s backing or disparaging another individual candidate, or a registered political party or any or all of its party list candidates.

(3) Paragraphs (1) and (2)(c) do not restrict the publication of any matter relating to the election in—

(a) a newspaper or other periodical,

(b) a broadcast made by the British Broadcasting Corporation or by Sianel Pedwar Cymru, or

(c) a programme included in any service licensed under Part 1 or 3 of the Broadcasting Act 1990⁵⁰ or Part 1 or 2 of the Broadcasting Act 1996⁵¹.

(4) Paragraph (1) does not apply to any expenses incurred by any person—

(a) which do not exceed the permitted sum, and which are not incurred by that person as part of a concerted plan of action, or

(b) in travelling or living away from home, or similar personal expenses.

(5) For the purposes of paragraph (4)(a)—

(a) expenses will be regarded as incurred by a person “as part of a concerted plan of action” if they are incurred by that person in pursuance of any plan or other arrangement whereby that person and one or more other persons are to incur, with a view to promoting or procuring the election of the same candidate, expenses which, disregarding paragraph (4)(a), fall within paragraph (1), and

(b) “the permitted sum” is £1000.

(6) Where a person incurs any expenses in respect of an individual candidate which are required by this article to be authorised by the candidate or the election agent—

(a) that person must, within 21 days after the day on which the result of the election is declared, deliver to the returning officer a return setting out—

(i) the amount of the expenses;

(ii) the constituency in respect of which the expenses were incurred;

(iii) the individual candidate in whose support the expenses were incurred, and

(b) the return must be accompanied by a declaration made by that person, or, in the case of an association or body of persons, by a director, general manager, secretary or other similar officer of the association or body, verifying the return and giving particulars of the matters for which the expenses were incurred.

(7) Paragraph (6) does not apply to any person engaged or employed for payment or promise of payment by an individual candidate or an individual candidate’s election agent.

(8) The return and declaration required by paragraph (6) must be in forms 25 and 26 set out in Welsh and English in Schedule 10, and the authority received from the candidate or the election agent must be annexed to and is deemed to be part of the return.

(9) The returning officer must forward to the relevant registration officer every document submitted in pursuance of paragraph (6), and rule 70(1) of Schedule 5 (retention of documents) applies to any document sent to the relevant registration officer under this paragraph.

(10) A person is guilty of a corrupt practice if that person—

(a) incurs, or aids, abets, counsels or procures any other person to incur, any expenses in contravention of this article, or

(b) knowingly makes the declaration required by paragraph (6) falsely.

(11) If a person fails to deliver or send any declaration or return, or a copy of it as required by this article, that person is guilty of an illegal practice.

(12) Where a court before whom a person is convicted under paragraph (10) or (11) thinks it just in the special circumstances of the case, they may mitigate or entirely remit any incapacity imposed by virtue of article 124.

(13) An individual candidate will not be liable, nor will the candidate’s election be avoided, for a corrupt or illegal practice under paragraph (10) or (11) which is committed by an agent without the individual candidate’s consent or connivance.

(14) Where any act or omission of an association or body of persons, corporate or unincorporate, is an offence declared to be a corrupt or illegal practice under paragraph (10) or (11), any person (“P”) who at the time of the act or omission was a director, general manager, secretary or other similar officer of the association or body, or was purporting to act in that capacity, is deemed to be guilty of that offence, unless P proves—

(a) that the act or omission took place without P’s consent or connivance, and

(b) that P exercised all such diligence to prevent the commission of the offence as P ought to have exercised, having regard to the nature of P’s functions in that capacity and to all the other circumstances.

Individual candidates: limitation of election expenses

48

(1) The election expenses incurred by or on behalf of an individual candidate at a Senedd election during the regulated period must not exceed the maximum amount specified in paragraph (6).

(2) Paragraph (3) applies, where—

(a) at any time before the beginning of the regulated period any election expenses are incurred by or on behalf of an individual candidate in respect of any property, services or facilities, and

(b) the property, services or facilities is or are made use of by or on behalf of the candidate during the regulated period in circumstances that, had these expenses been incurred during that period, they would constitute election expenses in accordance with article 65.

(3) The appropriate proportion of the expenses mentioned in paragraph (2) must be treated for the purposes of this article, article 65 and Schedule 7, as election expenses incurred by or on behalf of the candidate during the regulated period.

(4) For the purposes of paragraph (3), the appropriate proportion of the expenses mentioned in paragraph (2)(a) is such proportion of those expenses as is reasonably attributable to the use made of the property, services or facilities as mentioned in paragraph (2)(b).

(5) Where any election expenses are incurred in excess of the maximum amount specified in paragraph (6), an individual candidate or election agent is guilty of an illegal practice if they—

(a) incurred, or authorised the incurring of, the election expenses, and

(b) knew or ought reasonably to have known that the expenses would be incurred in excess of that maximum amount.

(6) The maximum amount is £52,500.

(7) The maximum amount specified in paragraph (6) for an individual candidate at a Senedd election is not required to include that candidate’s personal expenses.

(8) The maximum amount specified in paragraph (6) for an individual candidate will not be affected by the change in the timing of a Senedd election or of any step in the proceedings at a Senedd election.

Individual candidates: the regulated period

49

(1) In the case of an individual candidate, the regulated period at a Senedd election under—

(a) section 3 of the 2006 Act⁵² (ordinary general elections), or

(b) section 5 of that Act⁵³ (extraordinary general elections),

begins with the appropriate date and ends with the date of the poll for those elections.

(2) In paragraph (1), “the appropriate date” for an election under section 3 of the 2006 Act means the date which falls 4 months before the date of the poll where—

(a) the date of the poll is determined by section 3(1) of the 2006 Act;

(b) no less than 5 months before the day on which the poll would have taken place under section 3(1) of that Act, the date of the poll is brought forward under section 4(1) of that Act⁵⁴ (power to vary date of ordinary general election);

(c) no less than 4 months before the day on which the poll would have taken place under section 3(1) of that Act, the date of the poll is postponed under section 4(1) of that Act,

but where the date of the poll is brought forward or postponed otherwise than as mentioned in sub-paragraph (b) or (c), “the appropriate date” means the date which falls 4 months before the date when the poll would have taken place under section 3(1) of that Act.

(3) In paragraph (1), “the appropriate date” for an election under section 5 of the 2006 Act means the date on which the Presiding Officer of the Senedd proposes a day for the poll for the election under section 5(1) of that Act.

Power to vary provisions concerning election expenses

50

(1) The Welsh Ministers may by order vary any of the sums to which this article applies—

(a) where they consider that the variation is expedient in consequence of changes in the value of money, or

(b) in order to give effect to a recommendation of the Electoral Commission.

(2) This article applies to any of the sums for the time being specified in article 44(2), 45(1) and (2), 47(5)(b) or 48(6).

(3) The power to make an order under paragraph (1) is exercisable by statutory instrument.

(4) A statutory instrument containing an order under paragraph (1) is subject to annulment in pursuance of a resolution of the Senedd, and for the purpose of section 1 of the Statutory Instruments Act 1946 this provision has effect as if contained in an Act of the Senedd.

Time for sending in and paying claims

51

(1) Every claim against an individual candidate or an individual candidate’s election agent in respect of election expenses which is not sent in to the election agent within 21 days after the day on which the result or results of the election are declared, will be barred and not paid.

(2) All election expenses must be paid not later than 28 days after the deadline for submitting claims under paragraph (1).

(3) Any person who pays a claim in contravention of paragraph (1), or makes a payment in contravention of paragraph (2), is guilty of an illegal practice.

(4) Where the election court reports that it has been proved to the court that any payment made in contravention of paragraph (1) was by an election agent without the consent or connivance of the individual candidate—

(a) the candidate’s election will not be avoided, and

(b) the candidate will not be subject to any incapacity under this Order by reason only of that payment having been made in contravention of this article.

(5) A relevant person may apply either to the High Court or to the county court for leave to pay a claim for any election expenses which would otherwise be barred by paragraph (1) on either of the grounds set out in paragraph (6).

(6) The grounds are—

(a) the claim was sent in after the period of 21 days, or

(b) the claim was sent in to an individual candidate and not to the election agent.

(7) For the purposes of paragraphs (5) and (8), a relevant person is—

(a) a claimant,

(b) an individual candidate, or

(8) Where a relevant person applies to a court under paragraph (5), the court may, by order, grant leave for the claim to be paid where they are satisfied there is cause to do so.

(9) Any sum specified in the order of leave under paragraph (8) may be paid by an individual candidate or the candidate’s election agent, and when paid in pursuance of the leave will not be deemed to be in contravention of paragraph (2).

Disputed claims

52

(1) If an election agent of an individual candidate disputes any claim sent in within the period of 21 days mentioned in article 51(1), or refuses or fails to pay the claim within the period of 28 days mentioned in article 51(2), the claim will be deemed to be a disputed claim.

(2) The claimant may, if the claimant thinks fit, bring an action for a disputed claim.

(3) Article 51(5) to (9) applies in relation to a disputed claim as it applies in relation to a claim for election expenses sent in after the period of 21 days.

(4) Any sum paid by an individual candidate or the candidate’s agent in pursuance of the judgement or order of the court will not be deemed to be in contravention of article 44(1) or 51(2).

Election agent’s claim

53

So far as circumstances permit, this Order applies to any claim made by the election agent of an individual candidate for that agent’s remuneration and to its payment as if the agent were any other creditor, and if any difference arises about the amount of the claim, the claim will be a disputed claim within the meaning of this Order and will be dealt with in accordance with article 52.

Individual candidates: return as to election expenses

54

(1) Within 35 days after the day on which the result or results of a Senedd election are declared, the election agent of every individual candidate at the election must deliver to the returning officer a true return as respects that candidate containing—

(a) a statement of all election expenses incurred by or on behalf of the candidate, and

(b) a statement of all payments made for the purposes of the candidate’s election, together with all bills or receipts relating to the payments.

(2) A return under this article must—

(a) specify the poll by virtue of which the return is required,

(b) specify the names of both the individual candidate to whom the return relates, and the candidate’s election agent, and

(c) deal, under a separate heading, with any expenses in respect of which a return is required by virtue of article 47(6).

(3) The return must also contain as respects that candidate—

(a) a statement relating to any other expenses in connection with which provision is made by this Part as the Electoral Commission provides for in regulations,

(b) a statement relating to any claims, whether paid, unpaid or disputed, in connection with the election expenses or the other expenses mentioned in sub-paragraph (a) as the Electoral Commission so provide, and

(4) Until the coming into force of the first regulations made by the Electoral Commission under paragraph (3), the return must also contain as respects that candidate—

(a) a statement of all payments made—

(i) by the candidate in accordance with article 45(2) or (3), or

(ii) by any other person in accordance with article 45(5),

together with all bills or receipts relating to the payments made;

(b) a statement of all disputed claims of which the election agent is aware;

(c) a statement of all the unpaid claims, if any, of which the election agent is aware, in respect of which an application has been or is about to be made to the High Court or county court;

(d) any declarations of value falling to be made by the individual candidate’s election agent by virtue of article 46(2) or 66(3);

(e) a declaration of the amount of expenses which are to be regarded as election expenses incurred by or on behalf of the individual candidate by virtue of article 65(3);

(f) a statement of donations made to the individual candidate or the candidate’s election agent which complies with the requirements of paragraphs 11 and 12 of Schedule 6;

(g) a statement of the amount of money, if any, provided by the individual candidate from the candidate’s own resources for the purpose of meeting election expenses incurred by the candidate or on the candidate’s behalf.

(5) Paragraph (6) applies where, after the date on which the return as to election expenses is delivered, leave is given by the court under article 51(8) for any claims to be paid.

(6) The individual candidate or, as the case may be, the candidate’s election agent must, within 7 days after their payment, deliver to the returning officer a return of the sums paid in pursuance of the leave accompanied by a copy of the order of the court giving the leave, and in default the candidate will be deemed to have failed to comply with the requirements of this article without an authorised excuse as is mentioned in article 60.

(7) Any regulations under paragraph (3) may make different provision for different purposes and may contain any incidental, supplemental, saving or transitional provisions that the Electoral Commission thinks fit.

(8) The Electoral Commission may, by regulations, prescribe a form of return which may be used for the purposes of making any, or any descriptions of, return required by this article.

Individual candidates: declaration as to election expenses

55

(1) Each return delivered under article 54(1) must be accompanied by a declaration made by the individual candidate’s election agent in form 27 set out in Welsh and English in Schedule 10.

(2) At the same time as the election agent delivers that return, or within 7 days of the return being delivered, each individual candidate must deliver to the returning officer a declaration made by the candidate in form 28 set out in Welsh and English in Schedule 10.

(3) Where an individual candidate is out of the United Kingdom when the return is delivered—

(a) the declaration required by paragraph (2) may be made by the candidate within 14 days after the candidate’s return to the United Kingdom, and

(b) in that case, the declaration must be immediately delivered to the returning officer.

(4) The delay in making the declaration authorised by paragraph (3) will not exonerate the election agent from complying with the provisions of this Order relating to the return and declaration as to election expenses.

(5) Where an individual candidate is also acting as election agent, the declaration by the election agent as to the election expenses need not be made and the declaration by the individual candidate as to election expenses must be modified as specified in form 28 set out in Welsh and English in Schedule 10.

(6) An individual candidate or election agent who knowingly makes the declaration required by this article falsely is guilty of a corrupt practice.

Party list candidates: declarations as to personal expenses

56

(1) Within 35 days after the day on which the result or results of a Senedd election are declared, each party list candidate must deliver to the returning officer a declaration made by that candidate in form 29 set out in Welsh and English in Schedule 10.

(2) Where a party list candidate is out of the United Kingdom when the return is due to be delivered—

(a) the declaration required by paragraph (1) may be made by the candidate no later than 14 days after the candidate’s return to the United Kingdom, and

(b) in that case, the declaration must immediately be delivered to the returning officer.

(3) The declaration required by paragraph (1) must include only those personal expenses incurred by a party list candidate which have not been reimbursed to the candidate by the registered political party on whose party list the candidate was included.

(4) A person who knowingly makes the declaration required by this article falsely is guilty of a corrupt practice.

Circumstances in which no return or declaration is required

57

Notwithstanding anything in article 54, 55 or 56, no return or declaration as to election expenses is required in the case of a person—

(a) who is a candidate at a Senedd election, but is so only because that person has been declared by others to be a candidate, and

(b) who has not consented to the declaration or taken any part as a candidate at the election.

Penalty for failure as respects return or declarations

58

Subject to the provisions of article 60, if any candidate or election agent fails to comply with the requirements of article 54, 55 or 56 the candidate or election agent is guilty of an illegal practice.

Penalty for sitting or voting where no return and declarations are delivered etc.

59

(1) In the case of an individual candidate, if the return and declarations as to election expenses are not delivered within the time permitted by this Order for the purpose, the candidate may not, after the expiry of that time, sit or vote in the Senedd as member for the constituency for which the election was held until—

(a) that return and those declarations have been delivered, or

(b) the date of the allowance of an authorised excuse for the failure to deliver that return and those declarations (see article 60).

(2) In the case of a party list candidate, if the candidate’s declaration as to personal expenses is not delivered within the time permitted by this Order for the purpose, the candidate may not, after the expiry of that time, sit or vote in the Senedd as member for the constituency for which the election was held until—

(a) that declaration has been delivered, or

(b) the date of the allowance of an authorised excuse for the failure to deliver that declaration (see article 60).

(3) If a candidate sits or votes in contravention of paragraph (1) or (2), the candidate must forfeit £100 for every day on which the candidate so sits or votes.

(4) Civil proceedings for a penalty under this article must be commenced within the period of one year beginning with the day in respect of which the penalty is alleged to have been incurred.

(5) For the purpose of paragraph (4)—

(a) where the service or execution of legal process on or against the alleged offender is prevented by the absconding or concealment or act of the alleged offender, the issue of legal process will be deemed to be the commencement of the proceeding, but

(b) where sub-paragraph (a) does not apply, the service or execution of legal process on or against the alleged offender, and not its issue, will be deemed to be the commencement of the proceeding.

Authorised excuses for failures as to return and declarations

60

(1) A candidate or an election agent may apply for relief under this article to the High Court, an election court or a county court.

(2) Where an application is made under this article, the person or persons making the application must notify the Director of Public Prosecutions of the application, and the Director or the Director’s assistant or any barrister, advocate or solicitor duly appointed as the Director’s representative, may attend the hearing of the application and make representations at the hearing in respect of it.

(3) Relief under this article may be granted—

(a) to an individual candidate, in respect of any failure to deliver the return and declaration as to election expenses, or any part of them, or in respect of any error or false statement in them,

(b) to an election agent of an individual candidate, in respect of any failure to deliver the return and declaration as to election expenses which the agent was required to deliver, or any part of them or in respect of any error or false statement in them, or

(c) to a party list candidate, in respect of any failure to deliver the declaration as to personal expenses which the candidate is required to deliver, or in respect of any error or false statement in the declaration.

(4) The application for relief may be made on the ground that the failure, error or false statement arose—

(a) by reason of the applicant’s illness;

(b) where the applicant is an individual candidate, by reason of the absence, death, illness or misconduct—

(i) of the applicant’s election agent or sub-agent, or

(ii) of any clerk or officer of the applicant’s election agent or sub-agent;

(i) by reason of the death or illness of any prior election agent of the candidate, or

(ii) by reason of the absence, death, illness or misconduct of any sub-agent, clerk or officer of any election agent of the candidate;

(d) by reason of inadvertence or any reasonable cause of a like nature,

and not by reason of any want of good faith on the applicant’s part.

(5) Subject to paragraph (6), the court may make such order for allowing an authorised excuse for the failure, error or false statement as it considers just.

(6) The court may only make an order under paragraph (5)—

(a) after the giving of such notice of the application in the Senedd constituency for which the election was held, as it considers fit, and

(b) on production of such evidence of the grounds stated in the application and of the good faith of the application, and otherwise, as it considers fit.

(7) The court must relieve the candidate from the consequences of the act or omission of the candidate’s election agent where it is proved to the court by a candidate—

(a) that any act or omission of the election agent in relation to the return or declarations was without the consent or connivance of the candidate, and

(b) that the candidate took all reasonable means for preventing the act or omission.

(8) An order under paragraph (5) may make the allowance conditional on the making of the return and declaration in a modified form or within an extended time, and upon the compliance with such other terms as the court considers most likely to give effect to the requirements of this Part.

(9) An order under paragraph (5) will relieve the applicant for the order from any liability or consequences under this Order in respect of the matter excused by the order.

(10) The date of the order, or if conditions and terms are to be complied with, the date at which the applicant fully complies with them, is referred to in this Order as “the date of the allowance of an authorised excuse”.

Court’s power to require information from election agent or sub-agent

61

(1) Where on an application under article 60 it appears to the court that any person who is or has been an election agent or sub-agent has—

(a) refused or failed to make a return or declaration as to election expenses, or

(b) refused or failed to supply the particulars that would enable a person to comply with the provisions of this Order as to the return or declarations as to election expenses,

the court must, before making an order under that article, order that person to attend before the court.

(2) The court must on the attendance of that person, unless that person shows cause to the contrary, order that person—

(a) to make the return and declaration, or

(b) to deliver a statement of the particulars required to be contained in the return,

as the court considers just, within a timeframe, to any person and in the manner as it may direct, or may order that person to be examined with respect to the particulars.

(3) If a person fails to comply with any order of the court under this article, the court may order that person to pay a fine.

Duty of returning officer to forward returns and declarations to the Electoral Commission

62

Where the returning officer receives any return or declaration under article 47, 54, 55 or 56, the returning officer must as soon as reasonably practicable after receiving the return or declaration, deliver a copy of it to the Electoral Commission and, if so requested by the Electoral Commission, the returning officer must also deliver to them a copy of any accompanying documents.

Publication of time and place of inspection of returns and declarations

63

(1) At a Senedd election, within 10 days after the end of the time allowed for delivering to the returning officer returns and declarations as to election expenses, the returning officer must—

(a) publish in a manner that the returning officer thinks fit, and

(b) send to each of the election agents,

a notice of the time and place at which the returns and declarations, including the accompanying documents, can be inspected.

(2) If any return or declaration has not been received by the returning officer before the notice under paragraph (1) is despatched for publication, the notice must so state.

(3) If, following the publication of any notice containing the information required by paragraph (2), the returning officer receives a return or declaration, the returning officer must, within 10 days of the receipt of that return or declaration—

(a) publish a notice that complies with paragraph (1) about that return and declaration, and

(b) send the notice to the persons to whom the first notice was sent, other than an election agent who is in default or an election agent for a candidate who is in default.

Inspection of returns and declarations

64

(1) Where the returning officer receives any return or declaration under article 47, 54, 55 or 56, the returning officer must—

(a) as soon as reasonably practicable after receiving the return or declaration, make a copy of it and any accompanying documents available for public inspection at the returning officer’s office, or some other convenient place chosen by the returning officer, for a period of two years beginning with the date when the return or declaration is received, and

(b) if requested to do so by any person, and on payment of the fee set out in paragraph (3), supply that person with a copy of the return or declaration and any accompanying documents.

(2) Where a return contains a statement of donations in accordance with paragraph 10 of Schedule 6 (statement of relevant donations), the returning officer must take steps to ensure that the address of any individual donor is not included in the copy of the statement—

(a) made available for public inspection under paragraph (1)(a), or

(b) supplied under paragraph (1)(b).

(3) The fee payable for a copy of a return, declaration or any accompanying document is 20p for each side of each page.

(4) After the expiry of the two year period set out in paragraph (1)(a), the returning officer—

(a) may cause those returns and declarations (including the accompanying documents) to be destroyed, or

(b) if the candidate or where appropriate, the candidate’s election agent so requires, must return them to the candidate.

(5) Any returns or declarations delivered under article 47(6) by a person (“P”) other than a candidate or the candidate’s agent, must be returned to P and not the candidate or the candidate’s agent, if P so requires.

(6) The Welsh Ministers may by order vary the amount of the fee payable under paragraph (3).

(7) The power to make orders under paragraph (6) is exercisable by statutory instrument, and for the purpose of section 1 of the Statutory Instruments Act 1946 this provision has effect as if contained in an Act of the Senedd.

Meaning of “election expenses”

65

(1) In this Part “election expenses”, in relation to an individual candidate, means, subject to the definition of “for the purposes of a candidate’s election” in article 37(1), and articles 48(2) and 66, any expenses incurred during the regulated period in respect of any matter specified in Part 1 of Schedule 7 which are used for the purposes of the candidate’s election.

(2) No election expenses are to be regarded as incurred by virtue of paragraph (1) or article 66 in respect of any matter specified in Part 2 of Schedule 7.

(3) For the purposes of this Part, election expenses are incurred by or on behalf of a candidate at a Senedd election if they are incurred—

(a) by the candidate or the candidate’s election agent, or

(b) by any person authorised by the candidate or the candidate’s election agent to incur the expenses.

(4) In this Part and in Part 4, any reference to promoting or procuring a candidate’s election at an election includes doing so by prejudicing the electoral prospects of another candidate or registered political party at the election.

(5) Schedule 7 makes further provision about the election expenses of individual candidates at a Senedd election.

Property, goods, services etc. provided free of charge or at a discount

66

(1) This article applies where, in the case of an individual candidate at a Senedd election, for the purposes of the candidate’s election—

(a) either—

(i) property or goods is or are transferred to the candidate or the candidate’s election agent free of charge or at a discount of more than 10% of the market value of the property or goods, or

(ii) property, goods, services or facilities is or are provided for the use or benefit of the candidate free of charge or at a discount of more than 10% of the commercial rate for the use of the property or for the provision of the goods, services or facilities, and

(b) the property, goods, services or facilities is or are made use of by or on behalf of the candidate in circumstances in which, if any expenses were to be, or are actually, incurred by or on behalf of the candidate in respect of that use, they would be, or are, election expenses incurred by or on behalf of the candidate.

(2) For the purposes of paragraph (1)(b), property, goods, services or facilities are made use of on behalf of a candidate only if their use on behalf of the candidate is directed, authorised or encouraged by the candidate or the candidate’s election agent.

(3) Where this article applies, and subject to Part 2 of Schedule 7—

(a) an amount of election expenses determined in accordance with this article (“the appropriate amount”) must be treated, for the purposes of this Part, as incurred by the candidate, and

(b) the candidate or the candidate’s election agent must make a declaration of that amount,

unless that amount is not more than £50.

(4) Where paragraph (1)(a)(i) applies, the appropriate amount is the proportion of either—

(a) the market value of the property or goods, where the property or goods is or are transferred free of charge, or

(b) the difference between the market value of the property or goods and the amount of expenses actually incurred by or on behalf of the candidate in respect of the property or goods, where the property or goods is or are transferred at a discount,

that is reasonably attributable to the use made of the property or goods as mentioned in paragraph (1)(b).

(5) Where paragraph (1)(a)(ii) applies, the appropriate amount is the proportion of either—

(a) the commercial rate for the use of the property or the provision of the goods, services or facilities, where the property, goods, services or facilities is or are provided free of charge, or

(b) the difference between that commercial rate and the amount of expenses actually incurred by or on behalf of the candidate in respect of the use of the property or the provision of the services or facilities, where the property, goods, services or facilities is or are provided at a discount,

that is reasonably attributable to the use made of the property, goods, services or facilities as mentioned in paragraph (1)(b).

(6) Where the services of an employee are made available by the employee’s employer for the use or benefit of a candidate for the purposes of the candidate’s election, then for the purposes of this article the commercial rate for the provision of those services will be—

(a) the amount of the remuneration and allowances payable to the employee by the employer in respect of the period for which the employee’s services are so made available, but

(b) that amount will not include any amount in respect of any contributions or other payments for which the employer is liable in respect of the employee.

(7) In this article, “market value”, in relation to any property or goods, means the price which might reasonably be expected to be paid for the property or goods on a sale in the open market, and paragraph 2(7)(a) of Schedule 6 will apply with any necessary modifications for the purpose of determining, for the purposes of paragraph (1), whether property or goods is or are transferred to a candidate or the candidate’s election agent.

(8) In this article, any reference to anything being transferred or provided to a candidate or the candidate’s election agent includes a reference to its being given or transferred either directly or indirectly through any third person.

Publicity at Senedd elections

Right to send election address post free

67

(1) At a Senedd election, each individual candidate or registered nominating officer of a registered political party which has submitted a party list at that election, subject to any reasonable terms and conditions as the universal service provider concerned may specify, is entitled to send a maximum of two election communications free of any charge for postage which would otherwise be made by a universal service provider.

(2) The election communications sent under paragraph (1) may be a postal communication which—

(a) contains only matter relating to the election, and

(b) does not exceed 60 grammes.

(3) The election communications sent under paragraph (1) may be sent—

(a) unaddressed to each place in the Senedd constituency for which the election is being held and in which the candidates stand nominated which, in accordance with the terms and conditions of the universal service provider, constitutes a delivery point for the purposes of this article, or

(b) addressed to each elector.

(4) Any individual candidate or registered nominating officer is also, subject to the condition in paragraph (2), entitled to send, free of any charge for postage as is mentioned in paragraph (1), to each person entered in the list of proxies for the election, two communications for each appointment in respect of which that person is so entered.

(5) Any individual candidate or registered nominating officer may require the returning officer to make arrangements with the universal service provider for communications under paragraph (3)(b) to be sent to persons who have anonymous entries in the register.

(6) Arrangements under paragraph (5) must ensure that it is not disclosed to any other person that the addressee of such a communication has an anonymous entry.

(7) Subject to paragraph (8), in relation to an individual candidate, a person will not be deemed to be a candidate for the purposes of this article unless that person is shown as standing nominated in the statement of parties and persons nominated (see rule 17 of Schedule 5).

(8) Until the publication of the statement of parties and persons nominated, any person who declares themself to be an individual candidate will be entitled to exercise the right of free postage conferred by this article, if that person gives any security as may be required by the universal service provider concerned for the payment of postage, should that person not be shown as standing nominated as mentioned above.

(9) Subject to paragraph (10), a registered political party will not be deemed to have submitted a party list for the purposes of this article, unless the party is shown as standing nominated in the statement of parties and persons nominated.

(10) Until the publication of the statement of parties and persons nominated, the registered nominating officer of a party which has submitted a party list will be entitled to exercise the right of free postage conferred by this article, if that registered nominating officer gives any security as may be required by the universal service provider, should the party not be shown as standing nominated as mentioned above.

(11) The returning officer is entitled to treat any purported exercise by the registered nominating officer of a registered political party of the right of free postage conferred by this article through the party election agent, as a valid exercise of that right.

(12) A universal service provider who provides a postal service free of charge pursuant to this article is entitled to be remunerated for that service at the rate determined by or in accordance with a scheme made under section 89 of the Postal Services Act 2000⁵⁵, and the amount of that remuneration must be paid by the Welsh Ministers.

(13) The sums payable by the Welsh Ministers under paragraph (12) must be charged on the Welsh Consolidated Fund.

(14) For the purposes of this article, “elector”—

(a) means a person who is registered in the register of electors for the Senedd constituency on the last day for publication of notice of the election, and

(b) includes a person then shown in that register or, in the case of a person who has an anonymous entry in the register, in the record of anonymous entries, as below voting age if, but only if, it appears from the register, or from the record, that that person will be of voting age on the day fixed for the poll.

Broadcasting from outside United Kingdom

68

(1) No person may, with intent to influence persons to give or refrain from giving their vote at a Senedd election, include, or aid, abet, counsel or procure the inclusion of, any matter relating to the election in any programme service (within the meaning of the Broadcasting Act 1990) provided from a place outside the United Kingdom, otherwise than in pursuance of arrangements made with—

(a) the British Broadcasting Corporation,

(b) Sianel Pedwar Cymru, or

for the reception and re-transmission of that matter by that body or the holder of that licence.

(2) An offence under this article is an illegal practice, but the court before whom a person is convicted of an offence under this article may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of article 124.

(3) Where any act or omission of an association or body of persons, corporate or unincorporate, is an illegal practice under this article, any person (“P”) who at the time of the act or omission was a director, general manager, secretary or other similar officer of the association or body, or was purporting to act in that capacity, will be deemed to be guilty of the illegal practice, unless P proves—

(a) that the act or omission took place without P’s consent or connivance, and

(b) that P exercised all such diligence to prevent the commission of the illegal practice as P ought to have exercised, having regard to the nature of P’s functions in that capacity and to all the circumstances.

Broadcasting of local items during election period

69

(1) Each broadcasting authority must adopt a code of practice with respect to the participation of candidates at a Senedd election in items about the constituency in question which are included in relevant services during the election period.

(2) The code for the time being adopted by a broadcasting authority under this article must be either—

(a) a code drawn up by that authority, whether on their own or jointly with one or more other broadcasting authorities, or

(b) a code drawn up by one or more other such authorities.

(3) A broadcasting authority must from time to time consider whether the code for the time being adopted by them should be replaced by a further code falling within paragraph (2).

(4) Before drawing up a code under this article a broadcasting authority must have regard to any views expressed by the Electoral Commission, and any such code may make different provision for different cases.

(5) The Office of Communications⁵⁶ must do all that they can to ensure that the code for the time being adopted by them under this article is observed in the provision of relevant services, and the British Broadcasting Corporation and Sianel Pedwar Cymru must each observe the code so adopted when providing relevant services.

(6) For the purpose of paragraph (1) “the election period” in relation to a Senedd general election, means the period beginning with the date of dissolution of the Senedd and ending with the close of the poll.

(7) In this article—

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