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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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(6) Any person giving effect to an order under this rule for the inspection of counted ballot papers or for the opening of a sealed packet must take care to ensure that the way in which an elector has given their vote is not disclosed unless and until it has been proved—

(a) that the elector has given their vote, and

(b) that the vote has been declared by a competent court to be invalid.

(7) An appeal lies to the High Court from an order of a county court under this rule.

(8) The powers of the High Court or a county court under this rule may be exercised by any judge of the court otherwise than in open court.

(9) Except as provided by this rule, no person may—

(a) inspect any of the rejected or counted ballot papers, or

(b) open any of the sealed packets containing—

(i) marked copies of the corresponding number lists, or

(ii) certificates surrendered by constables or staff of returning officers under rule 41(5) or (6).

Orders for the production of documents: supplemental provisions

69

(1) Paragraphs (2) and (3) apply where an order is made under rule 68 for the production by a relevant registration officer of a document, in paper or electronic format, in the registration officer’s custody or control relating to an election specified in the order.

(2) The production by the relevant registration officer or the registration officer’s agent of the document in the manner directed by the order is conclusive evidence that the document relates to the specified election.

(3) If a packet of ballot papers with an endorsement on the packet is produced by the relevant registration officer or the registration officer’s agent to comply with the order, the endorsement is prima facie evidence that the ballot papers are what they are stated to be by the endorsement.

(4) Paragraph (5) applies where, to comply with an order under rule 68, a relevant registration officer or a registration officer’s agent has produced—

(a) a ballot paper purporting to have been used at an election, and

(b) a marked copy of a corresponding number list in use at the election, with a number marked in writing beside the number of that ballot paper on the list.

(5) The production of the ballot paper and the list are prima facie evidence that the elector whose vote was given by that ballot paper was the person whose entry at the time of the election in the register of electors, or on a notice issued under section 13B(3B) or (3D) of the 1983 Act, contained the same number as the number written on the ballot paper.

Retention and destruction of documents forwarded to relevant registration officer

70

(1) The relevant registration officer must retain all documents forwarded under rule 67 for a period of one year beginning with the day on which they were received by the registration officer.

(2) At the end of that period of one year, the relevant registration officer must cause the documents to be destroyed unless otherwise directed by an order of a county court, the High Court, the Crown Court, a magistrates’ court or an election court.

(3) Notwithstanding the revocation of the National Assembly for Wales (Representation of the People) Order 2007¹²⁰, rule 69 of Schedule 5 to that Order continues to have effect in relation to documents forwarded to the relevant registration officer in accordance with that Schedule and to which rule 69 applied.

Destruction of home address forms by returning officer

71

(1) The returning officer must destroy each candidate’s home address form—

(a) on the next day following the thirty-fifth day after the returning officer has returned the names of the members elected, unless a Senedd election petition questioning the election or the return of members is presented before that day;

(b) if a Senedd election petition questioning the election or return of members is presented before that day, as soon as practicable following the conclusion of proceedings on the petition, including, where there is an appeal, the proceedings on the appeal.

(2) For the purpose of deciding the day on which candidates’ home address forms must be destroyed, any day that is an excluded day must be disregarded.

PART 6 — Death of candidate

Death of candidate

72

(1) If at a contested election the returning officer is satisfied before the results of the election are declared that one of the persons named or to be named as a candidate on the ballot paper, whether an individual candidate or party list candidate, has died and as a result of that death the election becomes uncontested, the returning officer must—

(a) countermand notice of the poll, or

(b) if polling has begun, direct that the poll be abandoned.

(2) If at a contested election the returning officer is satisfied before the results of the election is declared that one of the persons named or to be named as a candidate on the ballot paper, whether as an individual candidate or a party list candidate, has died, but notwithstanding that death the election continues to be contested, the notice of poll is not to be countermanded nor is the poll to be abandoned, and the death is to have no effect on the validity of the election and the return of any other candidate at the election.

(3) But, where paragraph (2) applies, the returning officer must take such steps as the returning officer considers reasonable to publicise in the constituency for which the election is held—

(a) the name of the candidate (“C”) and the fact of the C’s death,

(b) whether C was an individual or party list candidate, and

(4) In meeting the requirement to publicise the death of C in accordance with paragraph (3), the returning officer must consider, in particular, the placing of notices outside polling stations.

(5) In respect of an election to which paragraph (1) or (2) applies, the following provisions do not apply in relation to the deceased candidate—

(a) rule 41(1)(c) and (d) (admission to polling station),

(b) rule 57(1)(b) to (d) (attendance at count), and

Abandoned poll

73

(1) This rule applies to a poll which is abandoned in accordance with rule 72(1)(b) as if it were a poll at a contested election.

(2) The presiding officer at any polling station in use at the election must take the steps, so far as not already taken, that the presiding officers would be required to take under rule 55 on the close of poll, except that it is not necessary for the presiding officer to prepare a ballot paper account.

(3) No step or further step is to be taken for the counting of the ballot papers or of the votes.

(4) The returning officer must deal with ballot papers and other documents that are in the returning officer’s possession when the poll is abandoned, or are subsequently delivered to the returning officer to comply with paragraph (2), in the same way that the returning officer would be required to deal with ballot papers and other documents under rules 66 and 67 on the completion of the counting of votes, except that—

(a) the returning officer must seal up all the ballot papers, whether the votes on them have been counted or not, and

(b) it is not necessary to seal up counted and rejected ballot papers in separate packets.

(5) The provisions of rules 68 to 70 apply to ballot papers and other documents relating to the poll that is abandoned by reason of a candidate’s death, except that—

(a) ballot papers on which the votes were neither counted nor rejected are to be treated as counted ballot papers, and

(b) an order may be made under rule 68(2) and (3) only for the purposes of instituting or maintaining a prosecution for an offence in relation to ballot papers.

PART 7 — Miscellaneous

Return of Senedd members and record of returns etc.

74

(1) The Clerk must, on receipt of a certificate delivered under rule 64(6), enter the information contained in the certificate in a record kept for that purpose at the Senedd, in this rule referred to as “the returns record”.

(2) The returns record may be kept electronically.

(3) The returns record must be open to public inspection at reasonable times and any person may, on payment of a reasonable fee, obtain copies from the record.

Vacancies

75

(1) Where it comes to the notice of the Presiding Officer of the Senedd, referred to in this rule as “the Presiding Officer” that—

(a) the seat of a Senedd member returned for a Senedd constituency is vacant, and

(b) the person was returned as an individual candidate,

the Presiding Officer must record in the returns record that there is a vacancy in the Senedd constituency concerned which, in accordance with section 11(2) of the 2006 Act¹²¹, is to remain vacant until the next Senedd general election.

(2) Other than when article 102 (election determined to be void by election court) applies, the Presiding Officer must take the steps in paragraph (3) where it comes to the notice of the Presiding Officer that—

(a) the seat of a member returned for a Senedd constituency is vacant, and

(b) the person was returned as a party list candidate.

(3) The Presiding Officer must record the vacancy in the returns record and send to the returning officer for the Senedd constituency in which the vacancy has arisen a notice—

(a) stating that a vacancy exists, and

(b) setting out the name of the person who had been returned to fill that seat, together with the name of the registered political party on whose list the person was included.

(4) After receiving a notice under paragraph (3), the returning officer must, without delay—

(a) ascertain from the list submitted at the previous Senedd general election by the registered political party named in the notice, the name and address of the person whose name now appears highest on that list (“the prospective member”), and

(b) take such steps as appear to be reasonable to the returning officer to—

(i) contact the prospective member (“P”) to ask whether P will state that P is willing to serve as a Senedd member for the constituency concerned, and

(ii) contact the registered nominating officer of the registered political party on whose list P is included, and notify that officer of the action the returning officer is taking under paragraph (i).

(5) When contacting P in accordance with paragraph (4)(b)(i), the returning officer must advise P of the date by which the returning officer must receive P’s written response confirming whether P is willing to serve as a Senedd member for the constituency concerned, which must be 21 days after the day on which the returning officer contacts P.

(6) When contacting the registered nominating officer in accordance with paragraph (4)(b)(ii), the returning officer must inform the registered nominating officer of the date by which P has been advised to confirm that P is willing to serve as a Senedd member for the constituency concerned.

(7) P must be treated as ceasing to be included on a list for the purposes of filling a vacancy where—

(a) the returning officer decides that the steps taken to contact P have been unsuccessful,

(b) the returning officer has not received written confirmation from P that P is willing to serve as a member for the Senedd constituency concerned within the timeframe specified in accordance with paragraph (5),

(d) where both of the circumstances set out in paragraph (8) apply.

(8) The circumstances referred to in paragraph (7)(d) are that—

(a) the returning officer is satisfied that P is not a member of the registered political party on whose list P is included, and

(b) within the timeframe specified in accordance with paragraph (5), the returning officer receives notice signed by the registered nominating officer of that party that P’s name is not to be notified to the Presiding Officer as the name of the person who is to fill the vacancy.

(9) Where, in accordance with paragraph (7), P is treated as ceasing to be included on a list for the purposes of filling a vacancy, the returning officer must without delay—

(a) repeat the procedure required by paragraph (4) in respect of the person, if any, whose name and address appears next highest on that list, and paragraphs (5) to (8) and this paragraph also apply with respect to that person, and

(b) notify the Presiding Officer that P will not be filling the vacancy and that the procedure is to be repeated in respect of the person, if any, whose name and address appears next highest on that list.

(10) The returning officer must continue to repeat the procedure until the returning officer has notified the Presiding Officer of the name of the person who is to fill the vacancy or that the names on that list are exhausted.

(11) Subject to paragraphs (7)(d) and (8), where, in response to the question from the returning officer under paragraph (4)(b)(i), including that paragraph as applied by paragraph (9)(a), P states in writing that they are willing to serve as a member for the Senedd constituency concerned, the returning officer must, unless paragraph (12) applies, without delay—

(a) complete a certificate in form 23 set out in Welsh and English in Schedule 10, and

(b) deliver it, or cause it to be delivered, to the Presiding Officer.

(12) Where, before the end of the timeframe prescribed in paragraph (5)—

(a) P states in writing that P is willing to serve,

(b) the circumstances in paragraph (8) do not apply, and

(c) P advises the returning officer that P has made a successful application to register as a local government elector in Wales under section 10ZC of the 1983 Act¹²², but the application will not have effect until after the timeframe prescribed in paragraph (5),

the returning officer must complete the steps required by paragraph (11) as soon as practical after P’s application has effect.

(13) For the purposes of paragraph (12)(c), P must provide the returning officer with a copy of the notification provided to P confirming that P’s application has been successful and the date on which the application has effect.

(14) The returning officer must, without delay, also give public notice of the name—

(a) of the member to be returned, and

(b) of the registered political party for which such a member was a party list candidate.

(15) Where, following the application of this rule the seat continues to be vacant, the returning officer must, without delay—

(a) give public notice that the vacancy cannot be filled and that the seat will remain vacant until the next Senedd general election by virtue of section 11(7) of the 2006 Act¹²³,

(b) complete a certificate in form 24 set out in Welsh and English in Schedule 10, and

(16) Where the Presiding Officer receives a certificate from a returning officer under paragraph (11), the Presiding Officer must record in the returns record—

(a) the name of the person specified in a notice who is to fill the vacancy,

(b) the name of the relevant Senedd constituency, and

(17) Where the Clerk receives a certificate from a returning officer under paragraph (15)(c), the Clerk must record in the returns record that there is a vacancy in the Senedd constituency concerned which, under section 11(7) of the 2006 Act is to remain vacant until the next Senedd general election.

(18) In this rule, “the returns record” means the record kept in accordance with rule 74(1).

Registered political parties

76

(1) For the purposes of the application of these rules in relation to a Senedd election “registered political party” means a party which was registered under Part 2 of the 2000 Political Parties Act on the day (“the relevant day”) which is 2 days before the last day for the delivery of nomination papers at the election in accordance with the Table in rule 1(1).

(2) A registered political party is a qualifying party in relation to a Senedd constituency if the party was on the relevant day registered in respect of Wales in the Great Britain register maintained under that Part of that Act.

(3) For the purposes of paragraph (1), any day that is an excluded day must be disregarded.

Party’s registered nominating officer: discharge of functions

77

(1) A registered nominating officer for a registered political party may, in writing, appoint one or more persons to discharge all or any of the registered nominating officer’s functions conferred or imposed by these rules.

(2) Where an appointment is made under paragraph (1), a copy of the document recording that appointment must be delivered to the returning officer.

(3) Where a returning officer does not receive a copy of the document required in accordance with paragraph (2), the returning officer is entitled to treat any function of the registered nominating officer purportedly exercised (or to be exercised) on the registered nominating officer’s behalf by another person as not so exercised (or exercisable).

SCHEDULE 6 — Control of donations to candidates

PART 1 — General

Interpretation

1

(1) This Schedule has effect for controlling donations to individual candidates at a Senedd election and in the following provisions of this Schedule, references to “candidate” are to be construed accordingly.

(2) For the purposes of this Schedule, except where the context requires otherwise—

“donation” (“rhodd”) is to be construed in accordance with paragraphs 2 to 4;

“market value” (“gwerth marchnadol”) in relation to any property, means the price which might reasonably be expected to be paid for the property on a sale on the open market;

“relevant donation” (“rhodd berthnasol”), in relation to a candidate at a Senedd election, means a donation to the candidate or the candidate’s election agent for the purpose of meeting election expenses incurred by or on behalf of the candidate.

(3) In the definition of “relevant donation”, the reference to a donation “for the purpose of meeting election expenses incurred by or on behalf of the candidate” includes a reference to a donation for the purpose of securing that any such expenses are not so incurred, and a donation is to be taken to be a donation for either of those purposes if, having regard to all the circumstances, it must reasonably be assumed to be such a donation.

(4) In relation to a donation received by a candidate at a Senedd election, references to a “permissible donor falling within section 54(2) of the 2000 Political Parties Act”¹²⁴ are to be read as if section 54(2) did not include a party registered in the Northern Ireland register maintained by the Electoral Commission under Part 2 of that Act.

Donations: general rules

2

(1) ”Donation”, in relation to a candidate at a Senedd election, means, subject to paragraph 4—

(a) any gift to the candidate or the candidate’s election agent of money or other property;

(b) any sponsorship provided in relation to a candidate, as defined by paragraph 3;

(c) any money spent, otherwise than by the candidate, the candidate’s election agent or any sub-agent, in paying any election expenses incurred by or on behalf of the candidate;

(d) any money lent to the candidate or the candidate’s election agent otherwise than on commercial terms;

(e) the provision otherwise than on commercial terms of any property, services or facilities for the use or benefit of the candidate, including the services of any person.

(2) Where—

(a) any money or other property is transferred to a candidate or the candidate’s election agent pursuant to any transaction or arrangement involving the provision by or on behalf of the candidate of any property, services or facilities or other consideration of monetary value, and

(b) the total value in monetary terms of the consideration so provided by or on behalf of the candidate is less than the value of the money or the market value of the property transferred,

the transfer of the money or property will, subject to sub-paragraph (4), constitute a gift to the candidate or the candidate’s election agent for the purposes of sub-paragraph (1)(a).

(3) In determining—

(a) for the purposes of sub-paragraph (1)(d), whether any money lent to a candidate or the candidate’s election agent is lent otherwise than on commercial terms, or

(b) for the purposes of sub-paragraph (1)(e), whether any property, services or facilities provided for the use or benefit of a candidate is or are provided otherwise than on commercial terms,

regard must be had to the total value in monetary terms of the consideration provided by or on behalf of the candidate in respect of the loan or the provision of the property, services or facilities.

(4) Where, apart from this sub-paragraph, anything would be a donation both by virtue of sub-paragraph (1)(b) and by virtue of any other provision of this paragraph, sub-paragraph (1)(b), together with paragraph 3, will apply in relation to it to the exclusion of the other provisions of this paragraph.

(5) The reference in sub-paragraph (1)(c) to money spent as mentioned in that provision is a reference to money spent by a person (“P”), other than the candidate, the candidate’s election agent or any sub-agent, out of P’s own resources, with no right to reimbursement out of the resources of any other person.

(6) Where, by virtue of sub-paragraph (1)(c), money spent in the manner provided for in paragraph (5) constitutes a donation to the candidate, the candidate is to be treated as receiving an equivalent amount on the date on which the money is paid to the creditor in respect of the expenses in question.

(7) In this paragraph—

(a) any reference to anything being transferred or provided to a candidate or the candidate’s election agent includes a reference to it being given or transferred either directly or indirectly through any third person, and

(b) “gift” includes a bequest or any other form of testamentary disposition.

Sponsorship

3

(1) For the purposes of this Schedule, sponsorship is provided in relation to a candidate if—

(a) any money or other property is transferred to the candidate or to any person for the benefit of the candidate, and

(b) the purpose, or one of the purposes of the transfer is, or must, having regard to all the circumstances, reasonably be assumed to be—

(i) to help the candidate with meeting, or to meet to any extent, any defined expenses incurred or to be incurred by or on behalf of the candidate, or

(ii) to secure that, to any extent, any such expenses are not so incurred.

(2) In sub-paragraph (1)(b)(i), “defined expenses” means expenses in connection with—

(a) any conference, meeting or other event organised by or on behalf of the candidate;

(b) the preparation, production or dissemination of any publication by or on behalf of the candidate;

(3) The following do not constitute sponsorship by virtue of sub-paragraph (1)—

(a) the making of any payment in respect of—

(i) any charge for admission to any conference, meeting or other event, or

(ii) the purchase price of, or any charge for access to, any publication, or

(b) the making of any payment in respect of the inclusion of an advertisement in any publication where the payment is made at the commercial rate payable for the inclusion of such an advertisement in any such publication.

(4) In this paragraph “publication” means a publication made available in whatever form and by whatever means, whether or not to the public at large or any section of the public.

Payments etc. not to be regarded as donations

4

(1) None of the following are to be regarded as a donation—

(a) the provision of any facilities provided in pursuance of any right conferred on a candidate at an election by this Order;

(b) the provision by an individual of their own services which that individual provides voluntarily in their own time and free of charge;

(c) any interest accruing to a candidate or the candidate’s election agent in respect of any donation which is dealt with by the candidate or the candidate’s agent in accordance with section 56(2)(a) or (b) of the 2000 Political Parties Act¹²⁵, as applied by paragraph 7.

(2) Any donation the value of which, determined in accordance with paragraph 5, is not more than £500 is also to be disregarded.

Value of donations

5

(1) The value of any donation falling within paragraph 2(1)(a), other than money, is to be taken to be the market value of the property in question.

(2) But where paragraph 2(1)(a) applies by virtue of paragraph 2(2), the value of the donation is to be taken to be the difference between—

(a) the value of the money, or the market value of the property, in question, and

(b) the total value in monetary terms of the consideration provided by or on behalf of the candidate or the candidate’s election agent.

(3) The value of any donation falling within paragraph 2(1)(b) is to be taken to be the value of the money, or the market value of the property, transferred as mentioned in paragraph 3(1), and accordingly any value in monetary terms of any benefit conferred on the person providing the sponsorship in question is to be disregarded.

(4) The value of any donation falling within paragraph 2(1)(d) or (e) is to be taken to be the amount representing the difference between—

(a) the total value in monetary terms of the consideration that would have had to be provided by or on behalf of the candidate or the candidate’s election agent in respect of the loan or the provision of the property, services or facilities if—

(i) the loan had been made, or

(ii) the property, services or facilities had been provided,

on commercial terms, and

(b) the total value in monetary terms of the consideration, if any, actually provided by or on behalf of the candidate or the candidate’s election agent.

(5) Where a donation mentioned in sub-paragraph (4) confers an enduring benefit on the donee over a particular period, the value of the donation—

(a) is to be determined at the time when it is made, but

(b) is to be so determined by reference to the total benefit accruing to the donee over that period.

PART 2 — Controls on donations

Prohibition on accepting donations from impermissible donors

6

(1) A relevant donation received by a candidate or a candidate’s election agent must not be accepted if—

(a) the person by whom the donation would be made is not, at the time of its receipt by the candidate or the candidate’s election agent, a permissible donor falling within section 54(2) of the 2000 Political Parties Act, or

(b) the candidate or the candidate’s election agent is unable to ascertain the identity of the person offering the donation, whether because the donation is given anonymously or by reason of any deception or concealment or otherwise.

(2) For the purposes of this Schedule, any relevant donation received by a candidate or the candidate’s election agent which is an exempt trust donation is to be regarded as a relevant donation received by the candidate or the candidate’s election agent from a permissible donor, and section 162 of the 2000 Political Parties Act¹²⁶ (interpretation: exempt trust donations) is to apply for the purposes of this Schedule as it applies for the purposes of that Act.

(3) But, for the purposes of this Schedule, any relevant donation received by a candidate or the candidate’s election agent from a trustee of any property, in the trustee’s capacity as such, is to be regarded as a relevant donation received by the candidate or the candidate’s election agent from a person who is not a permissible donor, if that donation is not—

(a) an exempt trust donation, or

(b) a relevant donation transmitted by the trustee to the candidate or the candidate’s election agent on behalf of beneficiaries under the trust who are—

(i) persons who, at the time of its receipt by the candidate or the candidate’s election agent, are permissible donors falling within section 54(2) of the 2000 Political Parties Act, or

(ii) the members of an unincorporated association which at that time is a permissible donor.

(4) Sub-paragraphs (5) and (6) apply where any person (“the principal donor”) causes an amount (“the principal donation”) to be received by a candidate or the candidate’s election agent by way of a relevant donation—

(a) on behalf of the principal donor and one or more other persons, or

(b) on behalf of two or more other persons.

(5) For the purposes of this Part, each individual contribution by a person falling within sub-paragraph (4)(a) or (b) of more than £50 is to be treated as if it were a separate donation received from that person.

(6) In relation to each separate donation, the principal donor must ensure that, at the time when the principal donation is received by the candidate or the candidate’s election agent, the candidate or the candidate’s election agent is given—

(a) except in the case of a donation which the principal donor is treated as making, all the details in respect of the person treated as making the donation as are required by virtue of paragraph 11(c), and

(b) in respect of all donations, all the details in respect of the donation as are required by virtue of paragraph 11(a).

(7) Sub-paragraph (8) applies where—

(a) any person (“the agent”) causes an amount to be received by a candidate or the candidate’s election agent by way of a donation on behalf of another person (“the donor”), and

(b) the amount of the donation is more than £50.

(8) The agent must ensure that, at the time when the donation is received by the candidate or the candidate’s election agent, the candidate or the candidate’s election agent is given all the details in respect of the donor as are required by virtue of paragraph 11(c).

(9) A person commits an offence if, without reasonable excuse, that person fails to comply with sub-paragraph (6) or (8).

(10) A person guilty of an offence under sub-paragraph (9) is liable—

(a) on summary conviction, to a fine not exceeding the statutory maximum or to a term of imprisonment not exceeding 6 months, or both;

(b) on conviction on indictment, to a fine or to a term of imprisonment not exceeding one year, or both.

(11) In relation to an offence committed after the commencement of section 281(5) of the Criminal Justice Act 2003¹²⁷, the reference in sub-paragraph (10)(a) to 6 months must be taken to be a reference to 51 weeks.

Acceptance or return of donations

7

(1) Sections 56 to 60 of the 2000 Political Parties Act¹²⁸ are to apply for the purposes of this Schedule, as they apply in relation to a registered party and to a donation received by a registered party, in relation to—

(a) a relevant donation received by a candidate or by a candidate’s election agent, and

(b) the candidate or the election agent.

(2) In the application of sections 56 to 60 of that Act in accordance with sub-paragraph (1)—

(a) section 56(1) is to have effect as if the reference to the particulars relating to a donor which would be required to be included in a donation report by virtue of paragraph 2 of Schedule 6 to the 2000 Political Parties Act¹²⁹, if the donation were a recordable donation within the meaning of that Schedule, were construed as a reference to the particulars which are required to be included in a return by virtue of paragraph 11(c);

(b) section 56(3) and (3A) is to have effect as if the reference to the party were omitted and the reference to the treasurer of the party were construed as a reference to the candidate or the candidate’s election agent;

(c) section 56(4) is to have effect as if the reference to the treasurer of the party were construed as a reference to the candidate or the candidate’s election agent.

Transfer of donations received by candidate to election agent

8

(1) Sub-paragraph (2) applies in relation to any relevant donation received by a candidate after the deadline for appointing an election agent, unless the candidate is, or is deemed to be, the candidate’s own election agent at the time of receipt of the donation.

(2) On receipt of a donation of the type mentioned in sub-paragraph (1), the candidate must immediately deliver to the candidate’s election agent—

(a) the donation,

(b) where paragraph 6(6) or (8) applies in relation to the donation, the information provided to the candidate in pursuance of that provision, and

(c) any other information which the candidate holds about the donation and its donor which might reasonably be expected to assist the election agent in the discharge of any duties imposed on the election agent, in relation to the donation, under this Part or Part 3 of this Schedule.

(3) Where a donation is delivered to an election agent in accordance with sub-paragraph (2), the donation is to be treated for the purposes of paragraph 6(1) to (5) and the provisions applied by paragraph 7 as if it had been—

(a) originally received by the election agent, and

(b) so received by the election agent on the date on which it was received by the candidate.

(4) Where a candidate receives a relevant donation before the deadline for appointing an election agent, but at a time when an appointment of a person other than the candidate as election agent is in force, the candidate must either—

(a) immediately deliver the donation and the information mentioned in sub-paragraph (2)(b) and (c) to the agent, or

(b) if the candidate fails to do so, deal with the donation in accordance with section 56 of the 2000 Political Parties Act (acceptance or return of donations).

(5) Sub-paragraph (3) is to have effect in relation to any relevant donation delivered to an election agent in accordance with sub-paragraph (4)(a), as it has effect in relation to a donation delivered to the agent in accordance with sub-paragraph (2).

(6) Sub-paragraph (7) applies where—

(a) a relevant donation received by a candidate before the deadline for appointing an election agent has been dealt with by the candidate in accordance with section 56 of the 2000 Political Parties Act either because—

(i) it was received by the candidate at a time when no appointment of another person as the candidate’s election agent was in force, or

(ii) although such an appointment was in force, the candidate was by virtue of sub-paragraph (4)(b) required to deal with the donation, and

(b) an appointment of a person other than the candidate as election agent is in force at, or at any time after—

(i) the deadline for appointing an election agent, or

(ii) if later, the time when the candidate has dealt with the donation in accordance with section 56 of the 2000 Political Parties Act.

(7) Subject to sub-paragraph (9), the candidate must, as soon as reasonably practicable after the relevant time, deliver to the election agent—

(a) the donation, if it has been accepted by the candidate, and

(b) any information which the candidate has about the donation and the donor which might reasonably be expected to assist the election agent in the discharge of any duties imposed on the election agent, in relation to the donation, under Part 3 of this Schedule.

(8) The relevant time for the purposes of sub-paragraph (7) is—

(a) the time mentioned in sub-paragraph (6)(b)(i) or (ii) if the appointment of another person as election agent is in force at that time, or

(b) otherwise, the time when any such appointment subsequently comes into force.

(9) The duty imposed on a candidate by sub-paragraph (7)(a) does not apply to any relevant donation to the extent to which it has been lawfully used by the candidate for the purpose of paying election expenses.

(10) In this paragraph—

(a) any reference to the deadline for appointing an election agent is a reference to the latest time by which an election agent may in accordance with article 39 (appointment of election agent) be named as election agent by the candidate;

(b) any reference to any provision of section 56 of the 2000 Political Parties Act is a reference to that provision as applied by paragraph 7.

Evasion of restrictions on donations

9

Section 61 of the 2000 Political Parties Act (offences concerned with evasion of restrictions on donations) applies for the purposes of this Schedule as if—

(a) any reference to donations were to relevant donations;

(b) any reference to a registered party were, in relation to a relevant donation, a reference to a candidate or the candidate’s election agent;

(c) any reference in subsection (2) to the treasurer of a registered party were, in relation to a relevant donation, a reference to either the candidate or the candidate’s election agent, or both.

PART 3 — Reporting of donations

Statement of relevant donations

10

(1) The candidate’s election agent must include in any return to be delivered under article 54, a statement of relevant donations (“the statement”) which complies with paragraphs 11 and 12.

(2) If the statement states that the election agent has seen, in relation to an individual donor, a certificate of anonymous registration, the statement must be accompanied by a copy of that certificate.

(3) For the purpose of sub-paragraph (2), “certificate of anonymous registration” means a certificate issued in pursuance of regulation 45G of the 2001 Regulations¹³⁰.

Donations from permissible donors

11

The statement must record, in relation to each relevant donation accepted by the candidate or the candidate’s election agent—

(a) the amount of the donation, if a donation of money, in cash or otherwise, or in any other case, the nature of the donation and its value as determined in accordance with paragraph 5;

(b) the date when the donation was accepted by the candidate or the candidate’s election agent;

(c) the information about the donor which is, in connection with recordable donations to registered political parties, required to be recorded in donation reports by virtue of paragraph 2 of Schedule 6 to the 2000 Political Parties Act;

(d) any other information as may be required by regulations made by the Electoral Commission.

Donations from impermissible donors

12

(1) This paragraph applies to relevant donations falling within paragraph 6(1)(a) or (b).

(2) Where paragraph 6(1)(a) applies, the statement must record—

(a) the name and address of the donor,

(b) the amount of the donation, if a donation of money, in cash or otherwise, or in any other case, the nature of the donation and its value as determined in accordance with paragraph 5,

(c) the date when the donation was received, and the date when, and the manner in which, it was dealt with in accordance with section 56(2)(a) of the 2000 Political Parties Act, and

(d) any other information as may be required by regulations made by the Electoral Commission.

(3) Where paragraph 6(1)(b) applies, the statement must record—

(a) details of the manner in which the donation was made,

(b) the amount of the donation, if a donation of money, in cash or otherwise, or in any other case, the nature of the donation and its value as determined in accordance with paragraph 5,

(c) the date when the donation was received, and the date when, and the manner in which, it was dealt with in accordance with section 56(2)(b) of the 2000 Political Parties Act, and

(d) any other information as may be required by regulations made by the Electoral Commission.

(4) In this paragraph any reference to any provision of section 56 of the 2000 Political Parties Act is a reference to that provision as applied by paragraph 7.

SCHEDULE 7 — Election expenses

PART 1 — List of matters

1

Advertising of any nature, whatever the medium used, including expenses in respect of agency fees, design costs and other costs in connection with preparing, producing, distributing or otherwise disseminating such advertising or anything incorporating such advertising and intended to be distributed for the purpose of disseminating it.

2

Unsolicited material addressed to electors, whether addressed to them by name or intended for delivery to households within any particular area, including expenses in respect of design costs and other costs in connection with preparing, producing or distributing such material, including the cost of postage.

3

Transport, by any means, of persons to any place, including expenses in respect of the costs of hiring a means of transport for a particular period.

4

Public meetings, of any kind, including expenses in respect of costs incurred in connection with the attendance of persons at those meetings, the hire of premises for the purposes of those meetings or the provision of goods, services or facilities at them.

5

The services of an election agent or any other person whose services are engaged in connection with the candidate’s election.

6

Accommodation and administrative costs.

PART 2 — General exclusions

7

The payment of any deposit required by rule 11 of Schedule 5.

8

The publication of any matter, other than an advertisement, relating to the election in—

(a) a newspaper or 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 1990 (independent television and radio services) or Part 1 or 2 of the Broadcasting Act 1996 (digital terrestrial television and sound broadcasting).

9

The provision of any facilities provided in pursuance of any right conferred on candidates at an election by this Order other than facilities in respect of which expenses fall to be defrayed by virtue of article 71(6) (rooms used for Senedd election meetings).

10

The provision by an individual of their own services which that individual provides voluntarily in their own time and free of charge.

11

Accommodation which is the candidate’s sole or main residence.

12

The provision by any other individual of accommodation which is that individual’s sole or main residence if the provision is made free of charge.

13

Transport by a means of transport which was acquired by the candidate principally for the candidate’s own personal use.

14

Transport provided free of charge by any other individual if the means of transport was acquired by that individual principally for the individual’s own personal use.

15

Computing or printing equipment which was acquired by the candidate principally for the candidate’s own personal use.

16

The provision by any other individual of computing or printing equipment which was acquired by that individual principally for the individual’s own personal use if the provision is made free of charge.

17

(1) Any matter that is reasonably attributable to the candidate’s disability, to the extent that the expenses in respect of the matter are reasonably incurred.

(2) In this paragraph, “disability” has the same meaning as in section 6 of the Equality Act 2010¹³¹.

18

Expenses incurred in respect of, or in consequence of, the translation of anything from Welsh into English or from English into Welsh.

19

The protection of persons or property, to the extent that the expenses are reasonably incurred and are reasonably attributable to the protection of persons or property.

PART 3 — Supplemental

Guidance by the Electoral Commission

20

(1) The Electoral Commission may prepare, and from time to time revise, a code of practice for Senedd elections giving—

(a) guidance as to the matters which do, or do not, fall within Part 1 or Part 2 of this Schedule;

(b) guidance supplementing the definition in article 37(1) as to the cases or circumstances in which expenses are, or are not, to be regarded as incurred for the purposes of a candidate’s election;

(c) guidance relating to the application of Part 3 of this Order in relation to expenses incurred for the purposes of a candidate’s election, whether or not election expenses.

(2) Once the Electoral Commission has prepared a draft code under this paragraph, it must submit it to the Welsh Ministers for approval.

(3) The Welsh Ministers may approve a draft code with or without modifications.

(4) Once the Welsh Ministers have approved a draft code, they must lay a copy in the form in which they have approved the draft code, before the Senedd.

(5) If the draft incorporates modifications, the Welsh Ministers must at the same time lay before the Senedd a statement of their reasons for making those modifications.

(6) If, within the 40-day period, the Senedd resolves not to approve the draft, the Welsh Ministers must take no further steps in relation to it.

(7) If no such resolution is made within the 40-day period—

(a) the Welsh Ministers must issue the code in the form of the draft laid before the Senedd,

(b) the code comes into force on the date appointed by the Welsh Ministers by order made by statutory instrument, and

(8) Sub-paragraph (6) does not prevent a new draft code from being laid before the Senedd.

(9) In this paragraph, “the 40-day period”, in relation to a draft code, means the period of 40 days beginning with the day on which the draft is laid before the Senedd, with no account being taken of any period during which the Senedd is dissolved or is in recess for more than 4 days.

(10) In this paragraph, references to a draft code include a revised draft code.

SCHEDULE 8 — Use of rooms in school premises or meeting rooms for Senedd election meetings

Use of rooms in school premises

1

(1) Arrangements for the use of a room in the premises of a school must be made with—

(a) the local authority maintaining the school, or

(b) the governing body of the school in the case of a room in the premises of a foundation or voluntary aided school.

(2) The Welsh Ministers may determine any question relating to—

(a) the rooms in school premises which a candidate is entitled to use;

(b) the times at which a candidate is entitled to use the rooms;

List of rooms in school premises

2

(1) Each local authority must prepare and keep under review, for each Senedd constituency partly or wholly situated within its area, a list of rooms in school premises which candidates are entitled to use.

(2) The list must include the rooms in school premises outside, as well as those premises inside, the constituency.

(3) The list, including any changes or revisions, must be provided to the registration officer by the relevant local authority.

List of meeting rooms

3

(1) Each local authority must prepare and keep under review, for each Senedd constituency partly or wholly within its area, a list of the meeting rooms which candidates are entitled to use.

(2) The list must include—

(a) details about where an application to use the room is to be sent;

(b) the rooms in premises outside, as well as those premises inside, the constituency.

(3) The list must not include a room if those who maintain that room dispute that candidates have a right to use it.

(4) The relevant local authority must provide the list, including any changes or revisions, to the registration officer.

Lists to be kept by the registration officer

4

The lists of rooms must be kept by the registration officer for the Senedd constituency to which they relate.

Inspection of lists

5

When a notice of election is published in accordance with the table in rule 1(1) of Schedule 5, a candidate or an election agent is entitled, at all reasonable hours, to inspect the lists or a copy of the lists.

SCHEDULE 9 — Modification of Election Petition Rules 1960

Senedd election petition: modification of the Election Petition Rules 1960

1

The Election Petition Rules 1960¹³² (“the 1960 Rules”) apply to a Senedd election petition subject to the modifications set out in this Schedule.

Modification of rule 2(2) (definitions)

2

(1) Rule 2(2) is to be read as if it contained the following additional defined terms—

“candidate” means an individual candidate or a party list candidate for return as a Senedd member;

“the Clerk of the Senedd” is to be construed in accordance with section 26 of the Government of Wales Act 2006;

“party list candidate” means a candidate included on a list of a registered political party;

“Presiding Officer of the Senedd” is to be construed in accordance with section 25 of the Government of Wales Act 2006;

“registered political party” means a party registered under Part 2 of the Political Parties, Elections and Referendums Act 2000;

“Senedd Cymru election” means the holding of elections for the return of all Senedd members;

“Senedd constituency” is to be construed in accordance with section 2 of the Government of Wales Act 2006;

“Senedd election petition” means a petition presented in pursuance of Part 4 of the Senedd Cymru (Representation of the People) Order 2025.

(2) In rule 2(2), the definitions are modified as follows—

(a) except in rule 2(3), “the Act” is to be read as meaning this Order, and any reference to a section of the 1983 Act is to be read as a reference to the corresponding provision in this Order, as set out in paragraph 8 of this Schedule;

(b) “local election petition”, is to be read as if it were omitted as is rule 18 and any reference in the 1960 Rules to a provision of the 1983 Act which applies only to a local election petition;

(d) “constituency” is to be read as meaning the Senedd constituency to which the petition relates.

Modification of rule 2(3) (prescribed officer)

3

In rule 2(3), “the prescribed officer in relation to elections under the local government Act” is to be read as “the prescribed officer in relation to elections under Part 1 of the Government of Wales Act 2006”.

Modification of rule 4(1) (form of petition)

4

In rule 4(1), sub-paragraph (b)—

(a) “in the case of a parliamentary election” is to be read as if it were omitted;

(b) “the Clerk of the Crown” is to be read as “the Clerk of the Senedd”.

Modification of rule 9(3) (display etc. of notice of time and place of trial)

5

In rule 9(3)—

(a) “a parliamentary election petition” is to be read as “a Senedd election petition”;

(b) “and in any other case not less than seven days,” is to be read as if it were omitted.

Modification of rule 10(1) (identifying votes at issue)

6

Rule 10(1) is to be read as follows—

(1) Where the petition claims the seat for an unsuccessful candidate on the ground that the individual candidate, or the registered political party on whose list the candidate was a party list candidate, had a higher electoral figure than that of another individual candidate or of another registered political party to whom a seat in the Senedd constituency was allocated, every party must, not less than 7 days before the day fixed for the trial— (a) file a list of the votes the candidate contends were wrongly admitted or rejected stating, in respect of each such vote, the grounds for the candidate’s contention, and (b) serve a copy of the list on every other party and the Director of Public Prosecutions.

Modification of the Schedule (election petition)

7

The Senedd election petition form in the Schedule, given effect by rule 4(1), is to be read as follows—

Modifications of references to a section of the Representation of the People Act 1983

8

In respect of the table in this paragraph, where a provision of the 1960 Rules listed in column 1 includes a reference to a section of the 1983 Act listed in the corresponding row of column 2, that section is to be read as a reference to the corresponding article in this Order listed in column 3—

Column 1	Column 2	Column 3
Rule 4(1)(a)	Section 121(1)	Article 89(1)
Rule 4(1)(c)	Section 122(2) or (3)	Article 90(2) or (3)
Rule 5(1)	Section 136	Article 94
Rule 6(1)	Section 121(2)	Article 89(3)
Rule 7	Section 136(4)	Article 94(5)
Rule 8	Section 138(1)	Article 96(1)
Rule 10(2)	Section 139(5)	Article 97(6)
Rule 11	Section 146(1)	Article 103(1) and (2)
Rule 19(1)	Section 119	Article 38
Rule 19(2)	Section 119(2)	Article 38(2)
Rule 21(2)(b)	Section 184	Article 134

SCHEDULE 10 — Appendix of forms

SCHEDULE 11 — Consequential amendments

The Senedd and Elections (Wales) Act 2020

1

(1) The Senedd and Elections (Wales) Act 2020¹³³ is amended as follows.

(2) In section 24(2) (protection of information about persons aged under 16), in the definition of “absent voters record or list”—

(a) in paragraph (a), for “article 8(3), 9(6) or 12(6) of the 2007 Order” substitute “article 6(4), 7(7) or 10(6) of the 2025 Order”;

(b) in paragraph (b), for “article 10 or 12(8) of the 2007 Order” substitute “article 8 or 10(8) of the 2025 Order”.

(3) Omit section 27 (amendments to the National Assembly for Wales (Representation of the People) Order 2007).

(4) In section 41 (general interpretation)—

(a) omit the definition of “the 2007 Order”;

(b) at the appropriate place, insert—

“2025 Order” (“Gorchymyn 2025”) means the Senedd Cymru (Representation of the People) Order 2025 (S.I. 2025/864) (W. 150);

The Elections Act 2022

2

(1) The Elections Act 2022¹³⁴ is amended as follows.

(2) In paragraph 3(3) of Schedule 11 (illegal practices)—

(a) for “The National Assembly for Wales (Representation of the People) Order 2007 (S.I. 2007/236)” substitute “The Senedd Cymru (Representation of the People) Order 2025 (S.I. 2025/864) (W. 150)”;

(b) for “article 76(12)” substitute “article 78(13)”.

The Representation of the People (England and Wales) Regulations 2001

3

For Part 8 of the Representation of the People (England and Wales) Regulations 2001¹³⁵ substitute—

(121) (1) In this Part— - “the 2025 Order” means the Senedd Cymru (Representation of the People) Order 2025; - “relevant Senedd election documents” means the documents relating to a Senedd election that the relevant registration officer is required to retain by rule 70 of Schedule 5 to the 2025 Order; - “Senedd Cymru” means the parliament for Wales established by section 1 of the Government of Wales Act 2006¹³⁶; - “Senedd election” means an election to Senedd Cymru under Part 1 of the Government of Wales Act 2006; - “the Senedd list of proxies” means the list kept under article 8(1)(b) and (3) of the 2025 Order; - “the Senedd postal voters list” means the list kept under article 8(1)(a) and (2) of the 2025 Order; - “the Senedd proxy postal voters list” means the list kept under article 10(8) of the 2025 Order. (2) References in this Part to “the marked Senedd register or lists” are to any part of the marked copies of— (a) the full register; (b) the notices amending the full register issued under section 13B(3B) or (3D) of the 1983 Act¹³⁷; (c) the Senedd postal voters list; (d) the Senedd list of proxies; (e) the Senedd proxy postal voters list, forwarded to the relevant registration officer under paragraph 30 of Schedule 2 or rule 67(2)(h) and (i) of Schedule 5 to the 2025 Order. (122) Subject to the modifications specified in regulations 123 to 126, Part 7 of these Regulations applies in respect of the marked Senedd register or lists and the other relevant Senedd election documents as it applies in respect of the marked register or lists and other documents open to inspection under that Part. (123) References in Part 7 to “the marked register or lists” are to be construed as references to the marked Senedd register or lists, and any like terms are to be similarly construed. (124) Regulation 116 applies as if— (a) paragraph (1) were omitted, (b) in paragraph (2), the reference to regulation 56 were a reference to paragraph 11 of Schedule 1 to the 2025 Order, and (c) in paragraph (4), the reference to a direction by the Secretary of State under section 52(1) of the 1983 Act includes a reference to a direction by the Welsh Ministers under section 52(1) of the 1983 Act¹³⁸. (125) Regulation 117 applies as if— (a) references to “a particular parliamentary or local government election” and to “a particular election” include reference to a particular Senedd election, and (b) the reference in paragraph (5) to regulation 61 were a reference to paragraph 18 of Schedule 1 to the 2025 Order. (126) Regulations 118 and 119 apply as if references to “documents open to public inspection” were a reference to— (a) the marked Senedd register or lists, and (b) the other relevant Senedd election documents except— (i) ballot papers, (ii) completed corresponding number lists, (iii) certificates as to employment on the day of the election, and (iv) the list required to be compiled under paragraph 26(4) of Schedule 2 to the 2025 Order, and any like terms are to be construed accordingly.

The Police and Crime Commissioner Elections Order 2012

4

(1) The Police and Crime Commissioner Elections Order 2012¹³⁹ is amended as follows.

(2) In article 2(1) (interpretation)—

(a) omit the definition of “the 2007 Order”;

(b) at the appropriate place, insert—

“the 2025 Order” means the Senedd Cymru (Representation of the People) Order 2025;

(3) In article 2(2A), for “article 16A(1) of the 2007 Order” substitute “article 16(1) of the 2025 Order”.

(4) In article 13A (combination of polls: Senedd Cymru), for “article 16A of the 2007 Order” substitute “article 16 of the 2025 Order”.

(5) In paragraph 59(2A) of Schedule 2 (absent voting in PCC elections), for “article 16A of the 2007 Order” substitute “article 16 of the 2025 Order”.

(6) In paragraph 47(1)(a) of Schedule 4 (combination of polls), in the substituted sub-paragraph (2) of paragraph 13—

(a) in paragraph (b), for “article 16A of the 2007 Order” substitute “article 16 of the 2025 Order”;

(b) in paragraph (c), for “paragraph 2 of Schedule 4 to the 2007 Order (as it applies to combined polls by virtue of paragraph 1 of Schedule 4A to that Order)” substitute “paragraph 2 of Schedule 4 to the 2025 Order”.

(7) In paragraph 48 of Schedule 4, for “paragraph 2 of Schedule 3 to the 2007 Order”, in both places it occurs, substitute “paragraph 2 of Schedule 2 to the 2025 Order”.

The Police and Crime Commissioner Elections (Functions of Returning Officers) Regulations 2012

5

(1) The Police and Crime Commissioner Elections (Functions of Returning Officers) Regulations 2012¹⁴⁰ are amended as follows.

(2) In regulation 2 (interpretation)—

(a) in paragraph (1)—

(i) omit the definition of “the 2007 Order”;

(ii) at the appropriate place, insert—

“the 2025 Order” means the Senedd Cymru (Representation of the People) Order 2025;

(b) in paragraph (3)—

(i) for “article 16A of the 2007 Order” substitute “article 16 of the 2025 Order”;

(ii) for “an Assembly” substitute “a Senedd”.

(3) In regulation 2A—

(a) in the heading, for “Assembly” substitute “Senedd”;

(b) in paragraph (1), for “Assembly” substitute “Senedd”;

(c) in paragraph (2), for “an Assembly constituency by virtue of article 18 of the 2007 Order” substitute “a Senedd constituency by virtue of article 18 of the 2025 Order”.

SCHEDULE 12 — Revocations

1

The National Assembly for Wales (Representation of the People) Order 2007¹⁴¹.

2

The Representation of the People (National Assembly for Wales) (Access to Election Documents) Regulations 2007¹⁴².

3

The National Assembly for Wales (Representation of the People) (Amendment) Order 2010¹⁴³.

4

The National Assembly for Wales (Representation of the People) (Fresh Signatures for Absent Voters) Order 2013¹⁴⁴.

5

The National Assembly for Wales (Representation of the People) (Amendment) Order 2016¹⁴⁵.

6

The National Assembly for Wales (Representation of the People) (Amendment) (No. 2) Order 2016¹⁴⁶.

7

The National Assembly for Wales (Returning Officers’ Charges) (Amendment) Order 2017¹⁴⁷.

8

The Senedd Cymru (Representation of the People) (Amendment) Order 2020¹⁴⁸.

9

The Candidate Election Expenses (Senedd Elections) Code of Practice 2021 (Appointed Day) Order 2021¹⁴⁹.

10

The Senedd Cymru (Returning Officers’ Charges) Order 2021¹⁵⁰.

11

The Senedd Cymru (Returning Officers’ Accounts) Regulations 2021.

12

The Senedd Cymru (Representation of the People) (Amendment) Order 2021¹⁵¹.

Signed

Jayne Bryant — Cabinet Secretary for Housing and Local Government, one of the Welsh Ministers — 9 July 2025

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order, the Senedd Cymru (Representation of the People) Order 2025 (referred to in these notes as “the Order”), makes provision for the conduct of elections and the return of members to Senedd Cymru (“the Senedd”) as constituted under the Government of Wales Act 2006, as amended by the Senedd Cymru (Members and Elections) Act 2024 (“the 2024 Act”).

The Order replaces the National Assembly for Wales (Representation of the People) Order 2007 (“2007 Order”), which is revoked subject to specific saving provisions.

Many of the provisions of the 2007 Order are reproduced in the Order, using updated language where appropriate to improve clarity and accessibility.

The Order reflects the following changes made by the 2024 Act—

(a) the changes to the number of constituencies and the number of seats for each constituency, and abolition of the five electoral regions, and

(b) the change to the way in which members will be elected in future, including—

(i) the closed list proportional system under which all members will be elected in the same way;

(ii) the fact voters will have only one vote, rather than two;

(iii) the provisions in the 2024 Act which permit a person to stand only once as a candidate at a general election. This is achieved by ensuring a registered political party list does not include a person who is included on any other list (whether in the same constituency or another), or a person who is standing as an individual candidate, and also by ensuring a person may not be an individual candidate if they appear on any party list, or as an individual candidate in any other constituency.

The Order also—

(a) incorporates the new residency requirements of candidates by amending the nomination process to require all candidates to declare they are included in a register of local government electors at an address within a Senedd constituency,

(b) gives effect to the requirement that the names of all validly nominated candidates for a constituency must be included on a ballot paper, namely any individual candidate and each candidate that appears on a list that is submitted by a registered political party, and

(c) implements the provisions of the 2024 Act regarding vacancies arising in Senedd seats between general elections in respect of both party list candidates and individual candidates, and in line with the 2024 Act no provision is made in the Order for the holding of by-elections where vacancies arise.

The Order applies to general elections to the Senedd held on and after 6 April 2026.

Summary of the Order

The Order sets out the way in which Senedd elections and the election campaign are to be conducted and includes provisions for legal challenge to a Senedd election. It also includes provisions relating to absent voting at Senedd elections.

Part 1 makes general provision relating to the Order including commencement, revocations, savings and interpretation.

Part 2 makes provision relating to the Senedd franchise and its exercise, namely voting at Senedd elections, including registration and absent voting; polling districts and places; combination of polls; related duties of returning officers; and voting offences.

Part 3 makes provision in connection with Senedd election campaigns including the appointment of election agents; donations to individual candidates; election expenses of candidates, including requirements for accounting for campaign expenditure; and publicity at elections, including free post. It also restates the offences relating to electoral activities at Senedd elections, for example, undue influence, treating, and bribery.

As a result of the reform of the Senedd effected by the 2024 Act, the provisions update election campaign limits in relation to individual candidates. The new limits reflect the change to a system of sixteen new larger Senedd constituencies, each returning six members. The Order introduces a longer “regulated period” during which individual candidates are required to account for their campaign expenditure which aligns with the period for which registered political parties are required to account. The majority of the provisions relating to campaign financing and expenditure apply only in relation to individual candidates standing at Senedd elections. The expenses of party list candidates are treated as party expenditure and as such will be accounted for under the Political Parties, Elections and Referendums Act 2000. The provisions of the Order relating to notional expenditure by individual candidates have also been updated to make it clear that candidates are only required to account for notional expenditure as an election expense where that expenditure has been directed, authorised or encouraged by the candidate or the candidate’s election agent.

In terms of the undue influence offence, the language describing the offence has been strengthened and modernised.

Part 4 of the Order makes provision in connection with the legal challenge of a Senedd election or return and details the election petition process. It provides for the election court to determine the validity of an election and/or return and report on any allegations of illegal and/or corrupt practice. It also outlines the consequences for a person being reported guilty or convicted of a corrupt or illegal practice, which include a person being incapable of being registered as an elector and/or being elected to the Senedd or as a member of a local authority in Wales. The provisions on penalties for corrupt and/or illegal practice have been narrowed so that the penalties regarding an inability to be elected to other legislatures have been removed and do not extend to holding elected office in reserved bodies.

Part 5 of the Order makes miscellaneous and supplemental provisions in connection with Senedd elections including advertisements; the translation and publication of forms; public notices; and declarations which are to be given by a returning officer at a Senedd election.

Schedule 1 makes detailed provision for applications for absent votes, that is, postal and proxy votes, and for the maintenance of records in connection with these applications.

Schedule 2 makes provision in connection with the procedure for postal ballots, including the issue and receipt of postal ballot papers at Senedd elections.

Schedule 3 makes provision for the combination of polls where the polls of Senedd general elections and local government by-elections in Wales fall on the same day. Part 1 of the Schedule makes provision for the allocation of functions to returning officers and contains provisions relating to expenditure. The remainder of the Schedule modifies the Senedd election rules in Schedule 5, the Local Elections (Principal Areas) (Wales) Rules 2021 (S.I. 2021/1459 (W. 374)) and the Local Elections (Communities) (Wales) Rules 2021 (S.I. 2021/1460 (W. 375)) as appropriate when the polls are combined.

Schedule 4 requires polls at Senedd elections and police and crime commissioner (“PCC”) elections to be combined where a general Senedd election and an ordinary election of PCCs are to be held on the same day. Unlike the 2007 Order, following changes made by the UK Government, under the Order it is no longer possible to combine the issue and receipt of postal ballot papers for these elections when the polls of those elections are combined. Part 1 of the Schedule makes provision for the division of functions between Senedd and PCC returning officers and contains provisions relating to expenditure. Part 2 of the Schedule modifies the Senedd election rules in Schedule 5 when the polls are combined.

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