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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Rules)

These Rules, the Local Elections (Wales) (Amendment) Rules 2026, amend—

  1. (a)

    the Local Elections (Principal Areas) (Wales) Rules 2021 (S.I. 2021/1459 (W. 374)) (“the Principal Areas Rules”), and

  2. (b)

    the Local Elections (Communities) (Wales) Rules 2021 (S.I. 2021/1460 (W. 375)) (“the Communities Rules”).

Amendments to the Principal Areas Rules and the Communities Rules

The Principal Areas Rules and the Communities Rules set out the rules for the conduct of elections of councillors to principal and community councils in Wales. Both sets of rules contain two Schedules. The Schedules set out the detailed rules for conducting elections, which differ slightly depending on whether the poll for an election is combined with the poll of another election. Parts 2 and 3 of these Rules set out the amendments to the rules contained in those Schedules.

Rules 4, 32, 61 and 86 amend the rules on nomination papers to allow candidates to include a description in their nomination papers that is a joint description that has been registered by more than one registered political party.

Rules 5, 33, 62 and 87 amend the rules enabling the returning officer to correct minor errors in nomination papers and home address forms. As the prescribed nomination papers do not require candidates to include their electoral numbers, the rules enabling returning officers to correct minor errors in connection with electoral numbers are omitted.

Rules 6, 34, 63 and 88 amend the rules on the inspection of nomination papers to require the returning officer to take reasonable steps to ensure that those forms can be inspected where they have been delivered electronically.

Rules 7, 35, 64 and 89 amend the rules on the inspection of home address forms to require the returning officer to take reasonable steps to ensure those forms can be inspected by the qualifying persons where they have been delivered electronically.

Rules 8, 36, 65 and 90 amend the rules in relation to ballot papers to require the words “Wales”, “Welsh”, “Cymru” or “Cymreig” to be included on the ballot paper as part of a description where a candidate has requested their use during the nomination process.

Rules 9, 37, 66 and 91 amend the rules in relation to the use of schools and public rooms for the purposes of conducting the poll so that the use of a room in an unoccupied building for that purpose does not render a person liable to pay any council tax or non-domestic rates.

Rules 10, 38, 67 and 92 amend the rules on the appointment of presiding officers and clerks to clarify that a presiding officer may not authorise clerks to order the arrest of any person at a polling station.

Rules 11, 39, 68 and 93 amend the rules dealing with the equipment that must be provided at polling stations. The amendments make further provision in relation to the use of electronic versions of the registers of electors, lists of postal and proxy voters and the corresponding number lists. They also amend the requirements in relation to the equipment that must be provided to assist people to vote independently.

Rules 12, 13, 40, 41, 69, 70, 94 and 95 amend the rules on the appointment of polling and counting agents to facilitate the use of e-mail addresses for these agents.

Rules 14, 42, 71 and 96 amend the rules in relation to the sealing of ballot boxes to amend the reference to the returning officer’s seal to a reference to the presiding officer’s seal.

Rules 15, 43, 72 and 97 replace the rules setting out the questions that can be asked of persons who attend at the polling station to vote. These rules are amended to make it clear that the questions can be asked in Welsh or English, and the amended rules set out the text of the questions in both languages.

Rules 16, 17, 44, 45, 73, 74, 98 and 99 amend the rules in relation to voters with a disability or who are unable to read to replace all references to blindness with references to severe sight impairment.

Rules 18, 46, 75 and 100 amend the rules on tendered ballot papers to clarify that the questions referred to in paragraph (1) of those rules are the questions that may be asked in accordance with rule 40.

Rules 19, 47, 76 and 101 amend the rules detailing the procedure that must be followed on the close of the poll. The amendments—

  1. (a)

    restate paragraph (2) of the rules so that it is clearer for the reader,

  2. (b)

    require the returning officer to also place in sealed packets, any postal ballot papers and postal voting statements that have been returned to the polling station and have not otherwise been collected during the course of the day, and

  3. (c)

    deal with the sealing of any electronic registers and lists that have been used at the polling station.

Rules 20, 21, 48, 49, 77 and 102 amend the rules in relation to the declaration of the election results to require the returning officer to give the declaration and provide the public notice of the results in both Welsh and English. The rules are also amended to enable the returning officer to use any commonly used surnames or forenames of candidates when making the declaration of the results and providing the public notice of those results, where those commonly used surnames or forenames were included on the statement of persons nominated.

Rules 22, 50, 78 and 103 amend the rules on the delivery of documents to the registration officer following the election to clarify that those documents are to be delivered securely and thereafter stored securely, and to set out the information that must be included on the packets in which the documents are so delivered.

Rules 23 to 30, 51 to 58, 79 to 84 and 104 to 109 amend the appendices to the rules which contain the prescribed text for the forms to be used at local government elections to reflect amendments made to the substantive rules and to clarify certain elements of the forms.

Amendments to the Communities Rules

Rule 59 amends rule 5(12) of the Communities Rules which deals with the filling of casual vacancies of community councillors. The amendment provides that for the purposes of rule 5, a councillor’s final six months in office is the period of six months ending on the fourth day after the next ordinary election of community councillors.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Rules. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Rules. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ and on the Welsh Government’s website at www.gov.wales.