The Senedd Cymru (Representation of the People) Order 2025
W.S.I. 2025/864 · Made 9 July 2025 · Extends to England and Wales
Constitutional Law
Representation Of The People, Wales
Senedd Cymru
Made 9 July 2025
Coming into force 18 July 2025
In accordance with section 7(1) and (2)(f) of the Political Parties, Elections and Referendums Act 2000f3, the Welsh Ministers have consulted with the Electoral Commission prior to the Order being made and, in accordance with section 8(2) and (3)(b)f4 of that Act, the Welsh Ministers have acted on the recommendation of the Commission in limiting the election expenses of candidates under section 13(2)(c) of the Government of Wales Act 2006.
In accordance with section 13(7) of the Government of Wales Act 2006f5, a draft of this Order was laid before, and has been approved by a resolution of, Senedd Cymru.
Annotations to the whole text
Footnotes
- f1
2006 c. 32. Section 6 was substituted by section 8 of the Senedd Cymru (Members and Elections) Act 2024 (asc 4). Section 13 was substituted by section 5(1) of the Wales Act 2017 (c. 4). It was subsequently amended by paragraph 2 of Schedule 1 to the Senedd and Elections (Wales) Act 2020 (anaw 1); paragraph 29 of Schedule 3 to the European Union (Withdrawal) Act 2018 (c. 16); and section 10(3) of the Senedd Cymru (Members and Elections) Act 2024. Section 157 was amended by paragraphs 1 and 8 of Schedule 6 to the Wales Act 2017.
- f2
1993 c. 38. The functions of the Secretary of State, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). Those functions were subsequently transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32). See also section 59A of, and Schedule 3A to, the Government of Wales Act 2006. The power to make an order under section 26(2) of the Welsh Language Act 1993 may also be exercised to make rules by virtue of section 39 of the Legislation (Wales) Act 2019 (anaw 4).
- f3
2000 c. 41. Section 7(2)(f) was substituted by paragraph 93 of Schedule 1 to S.I. 2007/1388, and subsequently amended by section 5(3) of the Wales Act 2017 (c. 4) and paragraph 6(3) of Schedule 1 to the Elections and Elected Bodies (Wales) Act 2024 (asc 5).
- f4
Section 8(3)(b) was amended by paragraph 59 of Schedule 10 to the Government of Wales Act 2006 and paragraph 6(4) of Schedule 1 to the Elections and Elected bodies (Wales) Act 2024 (asc 5).
- f5
Section 13(7) was amended by paragraph 2 of Schedule 1 to the Senedd and Elections (Wales) Act 2020.
Contents
- Part 1: General
- 1Title, commencement, revocation and savings provision
- 2Interpretation
- Part 2: Senedd Cymru franchise and its exercise
- 3Registration and absent voting
- 4Polling districts and places at Senedd elections
- 5Manner of voting at Senedd elections
- 6Absent vote at Senedd elections for a particular or an indefinite period
- 7Absent vote at a particular Senedd election
- 8Absent voters lists at Senedd elections
- 9Proxies at Senedd elections
- 10Voting as proxy at Senedd elections
- 11Electors’ signatures and use of personal identifier information
- 12Offence: false information
- 13Other offences relating to absent voting
- 14Absent voting at Senedd elections: miscellaneous
- 15Combination of polls at Senedd and local government elections
- 16Combination of polls at Senedd and Police and Crime Commissioner elections
- 17Rules for Senedd elections
- 18Returning officers
- 19Officers of councils to be placed at disposal of returning officers
- 20Returning officers: discharge of functions
- 21Returning officers: correction of procedural errors
- 22Returning officers: general
- 23Payments by and to returning officer
- 24Detailed assessment of returning officer’s account
- 25Loan of equipment for Senedd elections
- 26Effect of registers
- 27Effect of misdescription
- 28Discharge of registration duties
- 29Payment of expenses of registration officer
- 30Personation
- 31Other voting offences
- 32Breach of official duty
- 33Tampering with nomination papers, ballot papers etc.
- 34False statements in nomination papers etc.
- 35Requirement of secrecy
- 36Prohibition on publication of exit polls
- Part 3: The election campaign
- 37Interpretation of Part 3
- 38Computation of time for the purposes of Part 3
- The Election Agent
- 39Appointment of election agent
- 40Nomination of sub-agent
- 41Office of election agent and sub-agent
- 42Effect of default in election agent’s appointment
- Donation to Candidates
- 43Control of donations to individual candidates
- 44Individual candidates: payment of expenses by or through election agent
- 45Individual and party list candidates: expenses which may be paid otherwise than by an election agent
- 46Individual candidates: expenses incurred other than for election purposes
- 47Individual candidates: prohibition of expenses not authorised by election agent etc.
- 48Individual candidates: limitation of election expenses
- 49... The regulated period
- 50Power to vary provisions concerning election expenses
- 51Time for sending in and paying claims
- 52Disputed claims
- 53Election agent’s claim
- 54Individual candidates: return as to election expenses
- 55Individual candidates: declaration as to election expenses
- 56Party list candidates: declarations as to personal expenses
- 57Circumstances in which no return or declaration is required
- 58Penalty for failure as respects return or declarations
- 59Penalty for sitting or voting where no return and declarations are delivered etc.
- 60Authorised excuses for failures as to return and declarations
- 61Court’s power to require information from election agent or sub-agent
- 62Duty of returning officer to forward returns and declarations to the Electoral Commission
- 63Publication of time and place of inspection of returns and declarations
- 64Inspection of returns and declarations
- 65Meaning of “election expenses”
- 66Property, goods, services etc. provided free of charge or at a discount
- Publicity at Senedd elections
- 67Right to send election address post free
- 68Broadcasting from outside United Kingdom
- 69Broadcasting of local items during election period
- 70Imitation poll cards and notifications
- Election meetings
- 71Schools and rooms for Senedd election meetings
- 72Disturbances at Senedd election meetings
- Agency by election officials and canvassing by police officers
- 73Officials not to act for candidates
- 74Illegal canvassing by police officers
- 75False statements as to candidates
- 76Corrupt withdrawal from candidature
- 77Payments for exhibition of election notices
- 78Printer’s name and address on election publications
- 79Prohibition of paid canvassers
- 80Providing money for illegal purposes
- 81Bribery
- 82Treating
- 83Undue influence
- 84Rights of creditors
- 85Savings as to Senedd election
- Part 4: Legal Proceedings
- 86Interpretation of Part 4
- 87Method of questioning Senedd election
- 88Rules of procedure
- 89Presentation and service of Senedd election petition
- 90Time for presentation or amendment of Senedd election petition
- 91Constitution of election court and place of trial
- 92Judges’ expenses and reception
- 93Attendance of shorthand writer
- 94Security for costs
- 95Petition at issue
- 96List of petitions
- 97Trial of petition
- 98Witnesses
- 99Duty to answer relevant questions
- 100Expenses of witnesses
- 101Conclusion of trial of Senedd election petition
- 102Election determined to be void by election court
- 103Special case for determination of High Court
- 104Withdrawal of petition
- 105Costs of petition
- 106Neglect or refusal to pay costs
- 107Further provision as to costs
- 108Appeals
- 109Jurisdiction
- 110Report as to a person’s guilt of corrupt or illegal practice
- 111Report as to candidate’s guilt of corrupt or illegal practice
- 112Consequence of a candidate being reported guilty of corrupt or illegal practice
- 113Incapacities of being reported personally guilty of corrupt or illegal practice
- 114Justice of the peace
- 115Members of legal and certain other professions
- 116Holder of licence or certificated under Licensing Acts
- 117Avoidance of election for general corruption
- 118Avoidance of election for employing corrupt agent
- 119Votes to be struck off for corrupt or illegal practices
- 120Application for relief
- 121Prosecutions for corrupt practices
- 122Prosecutions for illegal practices
- 123Conviction of illegal practice on charge of corrupt practice
- 124Incapacities on conviction of corrupt or illegal practice at a Senedd election
- 125Mitigation and remission of incapacities
- 126Illegal payments or employments
- 127Time limit for prosecutions
- 128Prosecution of offences committed outside the United Kingdom
- 129Offences by associations or body of persons
- 130Evidence by certificate of returning officer
- 131Evidence by certificate of electoral registration
- 132Director of Public Prosecutions
- 133Costs
- 134Service of notices
- 135Computation of time for purposes of Part 4
- Part 5: Miscellaneous and supplemental
- 136Advertisements
- 137Senedd constituencies not wholly within a county or county borough
- 138Accessibility of certain documents
- 139Forms: general
- 140Public notices and declarations
- 141Electronic applications, notices and signatures
- 142Publication of and inspection of documents
- 143Interference with notices etc.
- 144Premises used for election purposes
- 145Dissolution of the Senedd
- 146Consequential amendments
- Signature
- Schedule 1: Absent voting at Senedd elections
- 1General requirements for applications for an absent vote
- 2Additional requirements for applications for ballot papers to be sent to different address from that stated in application
- 3Additional requirements for applications for ballot papers to be sent to different address from that shown in the record kept under article 6 or 10
- 4The personal identifiers record
- 5Notification of rejected postal voting statement
- 6Additional requirements for applications for appointment of a proxy
- 7Additional requirements for applications for a proxy vote for a particular or indefinite period on grounds of severe sight-impairment or other disability
- 8Additional requirements for applications for a proxy vote for a particular or indefinite period based on occupation, service, employment or attendance on a course
- 9Additional requirements for applications to vote by proxy in respect of a particular Senedd election
- 10Additional requirements for applications for an emergency proxy vote in respect of a particular election: grounds relating to occupation, service or employment
- 11Closing dates for applications
- 12Grant or refusal of applications
- 13Notice of appeal
- 14Cancellation of proxy appointment
- 15Inquiries by registration officer
- 16Requirement to provide fresh signatures at five yearly intervals
- 17Requirement to provide fresh signatures following rejection of postal voting statement
- 18Records and lists kept under articles 6, 8 and 10
- 19Conditions on the use, supply and inspection of absent voter records or lists
- 20Protection of information about persons aged under 16
- 21Marked register for polling stations
- 22Certificate of employment at a Senedd election
- 23Notification by registration officer
- Schedule 2: Issue and receipt of postal ballot papers
- 1Interpretation
- 2Combination of polls
- 3Form of postal voting statement
- 4Persons entitled to be present at proceedings on issue of postal ballot papers
- 5Persons entitled to be present at proceedings on receipt of postal ballot papers
- 6Appointment of agents to be present at proceedings on receipt of postal ballot papers
- 7Notification of requirement of secrecy
- 8Time when postal ballot papers are to be issued
- 9Procedure on issue of postal ballot paper
- 10Refusal to issue postal ballot papers
- 11Envelopes
- 12Security of marked lists
- 13Delivery of postal ballot papers
- 14Spoilt postal ballot paper
- 15Lost postal ballot papers
- 16Cancellation of postal ballot papers
- 17Notice of opening of postal ballot paper envelopes
- 18Postal ballot boxes and receptacles
- 19Receipt of covering envelope
- 20Opening of postal voters’ ballot box
- 21Opening of covering envelopes
- 22Confirming receipt of postal voting statements
- 23Procedure in relation to postal voting statements: personal identifier verification
- 24Opening of ballot paper envelopes
- 25Retrieval of cancelled postal ballot papers
- 26Lists of rejected postal ballot papers
- 27Checking of lists kept under paragraph 26
- 28Sealing of receptacles
- 29Abandoned poll
- 30Forwarding of documents
- Schedule 3: Combination of polls: Senedd and local government elections
- Part 1: General
- 1Returning officers and polling stations
- 2Functions at combined polls
- 3Modification of provisions about expenses in this Order and the 1983 Act
- Part 2: Modifications to Schedule 5 to apply where the poll at a Senedd general election is taken together with a poll at a local government election under article 15(1)
- 4Modifications to Schedule 5: general provision
- 5Rule 27A (colour of ballot papers)
- 6Rule 31 (notice of poll)
- 7Rule 36 (issue of official poll cards)
- 8Rule 37 (equipment of polling stations)
- 9Rule 38 (appointment of polling and counting agents)
- 10Rule 41 (admission to polling station)
- 11Rule 44 (questions to be put to voters)
- 12Rule 46 (voting procedure)
- 13Rule 47 (voters with a disability or unable to read: marking of votes by presiding officer)
- 14Rule 48 (voters with a disability or unable to read: assistance of companions)
- 15Rule 49 (voting with the assistance of a companion: supplemental provision)
- 16Rule 51 (tendered ballot papers: duties of presiding officer)
- 17Rule 53 (correction of errors on the day of poll)
- 18Rule 55 (procedure on close of poll)
- 19Rule 58 (the count: steps)
- 20Rule 72 (death of candidate)
- 21Rule 73 (abandoned poll)
- Part 3: Application of the Local Elections (Principal Areas) (Wales) Rules 2021 where the poll to fill a casual vacancy or vacancies occurring in the office of councillor for a county or county borough council is taken together with the poll at a Senedd general election under article 15(1)
- 22Application and modification of the Local Elections (Principal Areas) (Wales) Rules 2021: general provision
- 23Rule 3 (interpretation)
- 24Rule 5 (conduct of elections to the council of a principal area)
- 25Schedule 2 (rules for conduct of an election of councillors for a principal area where poll is taken together with poll at a relevant election)
- Part 4: Application of the Local Election (Communities) (Wales) Rules 2021 where the poll to fill a casual vacancy or vacancies of councillors to a community council is taken together with the poll at a Senedd general election under article 15(1)
- 26Application and Modification of the Local Election (Communities) (Wales) Rules 2021: general provision
- 27Rule 3 (interpretation)
- 28Rule 4 (conduct of elections to a community council)
- 29Schedule 2 (rules for conduct of an election of councillors for a community where poll is taken together with poll at a relevant election)
- Schedule 4: Combination of polls: Senedd elections and police and crime commissioner elections
- Part 1: General
- 1Returning officers and polling stations
- 2Functions at combined polls
- 3Modification of provisions about expenses in this Order and the 2011 Act
- Part 2: Modifications to Schedule 5 to apply where the poll at a Senedd general election is taken together with a poll at a police and crime commissioner election under article 16(1) or (3)
- 4Modifications to Schedule 5: general provisions
- 5Rule 27A (colour of ballot papers)
- 6Rule 31 (notice of poll)
- 7Rule 36 (issue of official poll cards)
- 8Rule 37 (equipment of polling stations)
- 9Rule 38 (appointment of polling and counting agents)
- 10Rule 41 (admission to polling station)
- 11Rule 44 (questions to be put to voters)
- 12Rule 46 (voting procedure)
- 13Rule 47 (voters with a disability or unable to read: marking of votes by presiding officer)
- 14Rule 48 (voters with a disability or unable to read: assistance of companions)
- 15Rule 49 (voting with the assistance of a companion: supplemental provision)
- 16Rule 51 (tendered ballot papers: duties of presiding officer)
- 17Rule 53 (correction of errors on the day of poll)
- 18Rule 55 (procedure on close of poll)
- 19Rule 56 (arrangements for the counting of votes)
- 20Rule 58 (the count: steps)
- 21Rule 67 (delivery of documents to registration officer at contested elections)
- 22Rule 72 (death of candidate)
- 23Rule 73 (abandoned poll)
- Schedule 5: Senedd election rules
- Part 1: Provision as to time
- 1Timetable
- 2Computation of time
- Part 2: Stages common to contested and uncontested elections
- 3Notice of election
- 4Duty of returning officer to supply forms of nomination etc.
- 5Nomination of individual candidates
- 6Nomination of registered political parties and party list candidates
- 7Party nomination paper: name or description of registered political party
- 8Home address form
- 9Consent to nomination
- 10Consent to nomination: statements of party membership
- 11Deposit
- 12Places for delivery of nomination papers
- 13Right to attend nomination
- 14Decisions as to the validity of individual nomination papers
- 15Decisions as to the validity of party nomination papers
- 16Withdrawal of candidates
- 17Publication of statement of parties and other persons nominated
- 18Use of commonly used names in statement of parties and persons nominated
- 19Names that are the same or similar
- 20Correction of minor errors in nomination papers, home address forms or consent to nomination forms
- 21Inspection of nomination papers and consent to nomination forms
- 22Inspection of home address forms
- 23Adjournment of nomination proceedings in the case of riot
- 24Method of election
- Part 3: Contested elections
- 25Poll to be taken by ballot
- 26The ballot papers
- 27Corresponding number list
- 28The official mark
- 29Prohibition of disclosure of vote
- 30Use of schools and public rooms
- 31Notice of poll
- 32Postal ballot papers
- 33Return of postal ballot papers
- 34Provision of polling stations
- 35Appointment of presiding officers and clerks
- 36Issue of official poll cards
- 37Equipment of polling station
- 38Appointment of polling and counting agents
- 39Polling and counting agents: supplemental provision
- 40Notification of requirement of secrecy
- 41Admission to polling station
- 42Keeping of order in the polling station
- 43Sealing of the ballot boxes
- 44Questions to be put to voters
- 45Challenge of voter
- 46Voting procedure
- 47Voters with a disability or unable to read: marking of votes by presiding officer
- 48Voters with a disability or unable to read: assistance of companions
- 49Voting with the assistance of a companion: supplemental provision
- 50Tendered ballot papers: circumstances where available
- 51Tendered ballot papers: duties of presiding officer
- 52Spoilt ballot papers
- 53Correction of errors on the day of poll
- 54Adjournment of poll in case of riot
- 55Procedure on close of poll
- 56Arrangements for the counting of votes
- 57Attendance at the counting of votes
- 58The count: steps
- 59The count: general
- 60The count: rejected ballot papers
- 61Re-count
- 62Decision on ballot papers
- Part 4: Final proceedings in contested and uncontested elections
- 63Ascertainment of results at a contested election
- 64Declaration of result
- 65Return or forfeiture of deposit
- Part 5: Disposal of documents
- 66Sealing up of ballot papers at contested elections
- 67Delivery of documents to registration officer at contested elections
- 68Production etc. of documents
- 69Orders for the production of documents: supplemental provisions
- 70Retention and destruction of documents forwarded to relevant registration officer
- 71Destruction of home address forms by returning officer
- Part 6: Death of candidate
- 72Death of candidate
- 73Abandoned poll
- Part 7: Miscellaneous
- 74Return of Senedd members and record of returns etc.
- 75Vacancies
- 76Registered political parties
- 77Party’s registered nominating officer: discharge of functions
- Schedule 6: Control of donations to candidates
- Part 1: General
- 1Interpretation
- 2Donations: general rules
- 3Sponsorship
- 4Payments etc. not to be regarded as donations
- 5Value of donations
- Part 2: Controls on donations
- 6Prohibition on accepting donations from impermissible donors
- 7Acceptance or return of donations
- 8Transfer of donations received by candidate to election agent
- 9Evasion of restrictions on donations
- Part 3: Reporting of donations
- 10Statement of relevant donations
- 11Donations from permissible donors
- 12Donations from impermissible donors
- Schedule 7: Election expenses
- Part 1: List of matters
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Part 2: General exclusions
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 19AParagraph 19A
- Part 3: Supplemental
- 20Guidance by the Electoral Commission
- Schedule 8: Use of rooms in school premises or meeting rooms for Senedd election meetings
- 1Use of rooms in school premises
- 2List of rooms in school premises
- 3List of meeting rooms
- 4Lists to be kept by the registration officer
- 5Inspection of lists
- Schedule 9: Modification of Election Petition Rules 1960
- 1Senedd election petition: modification of the Election Petition Rules 1960
- 2Modification of rule 2(2) (definitions)
- 3Modification of rule 2(3) (prescribed officer)
- 4Modification of rule 4(1) (form of petition)
- 5Modification of rule 9(3) (display etc. of notice of time and place of trial)
- 6Modification of rule 10(1) (identifying votes at issue)
- 7Modification of the Schedule (election petition)
- 8Modifications of references to a section of the Representation of the People Act 1983
- Schedule 10Appendix of forms
- Schedule 11: Consequential amendments
- 1The Senedd and Elections (Wales) Act 2020
- 2The Elections Act 2022
- 3The Representation of the People (England and Wales) Regulations 2001
- 4The Police and Crime Commissioner Elections Order 2012
- 5The Police and Crime Commissioner Elections (Functions of Returning Officers) Regulations 2012
- Schedule 12: Revocations
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- Explanatory note