Elections and Elected Bodies (Wales) Act 2024

Prospective

CHAPTER 5E+WCAMPAIGN FINANCE

Expenditure in respect of local government electionsE+W

32Notional expenditure: candidates in local government electionsE+W

In section 90C(1A) of the 1983 Act (making use of property etc. on behalf of a candidate), omit “or Wales”.

Expenditure in respect of Senedd Cymru electionsE+W

33Notional and third party expenditure: Senedd Cymru electionsE+W

(1)The 2000 Act is amended as follows.

(2)In section 73(1A) (notional campaign expenditure: use of property etc. on behalf of registered party)—

(a)after “paragraph 3,” insert “6,”;

(b)after “parliamentary general elections” insert “, ordinary or extraordinary general elections to Senedd Cymru,”.

(3)In section 86(1A) (notional controlled expenditure: use of property etc. on behalf of third party)—

(a)after “paragraph 3,” insert “6,”;

(b)after “parliamentary general elections” insert “, ordinary or extraordinary general elections to Senedd Cymru,”.

(4)In section 94(8A) (limits on controlled expenditure: use of property etc. on behalf of third party)—

(a)after “paragraph 3,” insert “6,”;

(b)after “parliamentary general elections” insert “, ordinary or extraordinary general elections to Senedd Cymru,”.

(5)In Schedule 8A (controlled expenditure: qualifying expenses), in paragraph 3(11)—

(a)after “paragraph 3,” insert “6,”;

(b)after “parliamentary general elections” insert “, ordinary or extraordinary general elections to Senedd Cymru,”.

34Codes of practice on expensesE+W

(1)In paragraph 14A of Schedule 4A to the 1983 Act (election expenses: Electoral Commission guidance)—

(a)in sub-paragraph (1), after paragraph (b) insert—

“(c)guidance relating to the application of Part 2 of this Act in relation to expenses incurred for the purposes of a candidate’s election (whether or not election expenses).”;

(b)in sub-paragraph (7)(b), after “order” insert “made by statutory instrument”.

(2)In section 156 of the 2000 Act (orders and regulations)—

(a)in subsection (1) after “State” insert “or the Welsh Ministers”;

(b)in subsection (2)—

(i)the words from “a statutory instrument” to the end become paragraph (a);

(ii)after “Parliament” insert—

“(b)a statutory instrument containing any order or regulations made under this Act by the Welsh Ministers shall be subject to annulment in pursuance of a resolution of Senedd Cymru.”;

(c)in subsection (3), in paragraph (aa), omit “, other than an order of the Welsh Ministers”;

(d)in subsection (4), after “Parliament” insert “(in the case of an order made by the Secretary of State) or (in the case of an order made by the Welsh Ministers) a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, Senedd Cymru”;

(e)in subsection (4A) after “Parliament” insert “(in the case of an order made by the Secretary of State) or (in the case of an order made by the Welsh Ministers) a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, Senedd Cymru”;

(f)in subsection (5)—

(i)in the opening words, after “State” insert “, the Welsh Ministers,”;

(ii)in paragraph (a), after “State” insert “, the Welsh Ministers,”.

35Authorised persons not required to pay through election agentE+W

In section 73(5) of the 1983 Act (payment of expenses through election agent), in paragraph (ca), omit “, otherwise than in relation to an election in Wales under the local government Act,”.

36Restriction on which third parties may incur controlled expenditureE+W

(1)The 2000 Act is amended as follows.

(2)After section 89A insert—

“89BRestriction on which third parties may incur controlled expenditure: Senedd Cymru elections

(1)No amount of controlled expenditure may be incurred by or on behalf of a third party during a Welsh devolved regulated period unless the third party falls within any paragraph of section 88(2) (third parties eligible to give notification).

(2)Subsection (1) does not apply to any expenses incurred by or on behalf of a third party during a Welsh devolved regulated period which do not in total exceed £700.

(3)Subsections (4) and (5) apply where expenses are incurred by or on behalf of a third party in contravention of subsection (1).

(4)If the third party is not an individual—

(a)any person who authorised the expenses to be incurred by or on behalf of the third party is guilty of an offence if the person knew or ought reasonably to have known that the expenses would be incurred in contravention of subsection (1), and

(b)the third party is also guilty of an offence.

(5)If the third party is an individual, the individual is guilty of an offence if they knew or ought reasonably to have known that the expenses would be incurred in contravention of subsection (1).

(6)A “Welsh devolved regulated period means a period in relation to which any limit is imposed by paragraph 6 of Schedule 10 (periods involving general elections to Senedd Cymru).”

(3)In Schedule 20 (penalties), at the appropriate place in the table insert—

37Third parties capable of giving notificationE+W

(1)The 2000 Act is amended as follows.

(2)In section 88 (third parties recognised for the purposes of Part 6), after subsection (10) insert—

“(11)The Welsh Ministers may by order amend subsection (2), as it applies for the purposes of a period in relation to which any limit is imposed by paragraph 6 of Schedule 10 (periods involving general elections to Senedd Cymru), by—

(a)adding a description of third party to the list in that subsection,

(b)removing a description of third party from that list, or

(c)varying the description of a third party in that list.

(12)An order under subsection (11)(b) or (c) may be made only where the order gives effect to a recommendation of the Commission.”

(3)In section 156 (orders and regulations), in subsection (4), after paragraph (de) insert—

“(df)section 88(11),”.

38Code of practice on controls relating to third partiesE+W

(1)The 2000 Act is amended as follows.

(2)In section 100A (code of practice on controlled expenditure)—

(a)after subsection (1) insert—

“(1A)The Commission must prepare a code of practice about the operation of this Part in relation to a Welsh devolved regulated period.”;

(b)in subsection (2), for “The code” substitute “A code”;

(c)in subsection (3), for “the code” substitute “a code”;

(d)in subsection (4), for “the code” substitute “a code”;

(e)after subsection (5) insert—

“(5A)It is a defence for a third party charged with an offence under any provision of this Part, where the offence relates to expenditure incurred or treated as incurred by a third party during a Welsh devolved regulated period to show—

(a)that the code, in the form for the time being issued under section 100C, was complied with by the third party in determining whether the expenditure is controlled expenditure for the purposes of this Part, and

(b)that the offence would not have been committed on the basis of the controlled expenditure as determined in accordance with the code.”;

(f)after subsection (6) insert—

“(6A)In this section “Welsh devolved regulated period means a period in relation to which any limit is imposed by paragraph 6 of Schedule 10 (regulated period for general elections to Senedd Cymru).”;

(g)in subsection (7), after “revised code” insert “under subsection (1)”;

(h)after subsection (7) insert—

“(8)Section 100C sets out consultation and procedural requirements relating to the code or any revised code under subsection (1A).”

(3)In section 100B (code of practice: consultation and procedural requirements), in subsection (1), after “100A” insert “(1)”.

(4)After section 100B insert—

“100CCode of Practice: consultation and procedural requirements on controlled expenditure in Senedd Cymru elections

(1)The Commission must consult the following on a draft of a code under section 100A(1A)—‍

(a)Senedd Cymru (“the Senedd”);

(b)such other persons as the Commission consider appropriate.

(2)After the Commission have carried out the consultation required by subsection (1), the Commission must—

(a)make whatever modifications to the draft code the Commission consider necessary in light of responses to the consultation, and

(b)submit the draft to the Welsh Ministers for approval by the Welsh Ministers.

(3)The Welsh Ministers may approve a draft code either without modifications or with such modifications as the Welsh Ministers may determine.

(4)Once the Welsh Ministers have approved a draft code, they must lay a copy of the draft before‍ the Senedd, whether—

(a)in its original form, or

(b)in a form which incorporates any modifications determined under subsection (3).

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

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

(7)Subsection (6) does not prevent a new draft code from being laid before the Senedd.

(8)If no resolution of the kind mentioned in subsection (6) 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, and

(c)the Commission must arrange for the code to be published in such manner as the Commission consider appropriate.

(9)References in this section (other than in subsection (1)) to a code or draft code include a revised code or draft revised code.

(10)In this section “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, no account being taken of any period during which the Senedd is dissolved or is in recess for more than four days.”

(5)In section 156 (orders and regulations), in subsection (3), after paragraph (za) insert—

“(zb)an order under section 100C(8);”.

(6)In Schedule 8A (controlled expenditure: qualifying expenses), in paragraph 3(11) for “and 100B” substitute “, 100B and 100C”.

GeneralE+W

39Minor and consequential amendmentsE+W

Part 3 of Schedule 1 makes minor and consequential amendments relating to this Chapter.