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The Senedd Cymru (Representation of the People) Order 2025 in England

W.S.I. 2025/864 · Made 9 July 2025 · Extends to England and Wales

Not fully up to date. 1 change made by later legislation has not yet been written into this text, which is revised to 3 November 2026.

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Sch. 1 para. 19(1)(a)words substitutedData (Use and Access) Act 2025 (Consequential and Other Amendments) 2025 reg. 18(a)

Constitutional Law

Representation Of The People, Wales

Senedd Cymru

Made 9 July 2025

Coming into force 18 July 2025

The Welsh Ministers make the following Order in exercise of the powers conferred by sections 6(2), 13(1), (2) and (4) and 157(2)(c) of the Government of Wales Act 2006f1 and by section 26(2) of the Welsh Language Act 1993f2.

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

  1. Part 1: General
  2. 1Title, commencement, revocation and savings provision
  3. 2Interpretation
  4. Part 2: Senedd Cymru franchise and its exercise
  5. 3Registration and absent voting
  6. 4Polling districts and places at Senedd elections
  7. 5Manner of voting at Senedd elections
  8. 6Absent vote at Senedd elections ...
  9. 7Absent vote at a particular Senedd election
  10. 8Absent voters lists at Senedd elections
  11. 9Proxies at Senedd elections
  12. 10Voting as proxy at Senedd elections
  13. 11Electors’ signatures and use of personal identifier information
  14. 12Offence: false information
  15. 13Other offences relating to absent voting
  16. 14Absent voting at Senedd elections: miscellaneous
  17. 15Combination of polls at Senedd and local government elections
  18. 16Combination of polls at Senedd and Police and Crime Commissioner elections
  19. 17Rules for Senedd elections
  20. 18Returning officers
  21. 19Officers of councils to be placed at disposal of returning officers
  22. 20Returning officers: discharge of functions
  23. 21Returning officers: correction of procedural errors
  24. 22Returning officers: general
  25. 23Payments by and to returning officer
  26. 24Detailed assessment of returning officer’s account
  27. 25Loan of equipment for Senedd elections
  28. 26Effect of registers
  29. 27Effect of misdescription
  30. 28Discharge of registration duties
  31. 29Payment of expenses of registration officer
  32. 30Personation
  33. 31Other voting offences
  34. 32Breach of official duty
  35. 33Tampering with nomination papers, ballot papers etc.
  36. 34False statements in nomination papers etc.
  37. 35Requirement of secrecy
  38. 36Prohibition on publication of exit polls
  39. Part 3: The election campaign
  40. 37Interpretation of Part 3
  41. 38Computation of time for the purposes of Part 3
  42. The Election Agent
  43. 39Appointment of election agent
  44. 40Nomination of sub-agent
  45. 41Office of election agent and sub-agent
  46. 42Effect of default in election agent’s appointment
  47. Donation to Candidates
  48. 43Control of donations to individual candidates
  49. 44Individual candidates: payment of expenses by or through election agent
  50. 45Individual and party list candidates: expenses which may be paid otherwise than by an election agent
  51. 46Individual candidates: expenses incurred other than for election purposes
  52. 47Individual candidates: prohibition of expenses not authorised by election agent etc.
  53. 48Individual candidates: limitation of election expenses
  54. 49... The regulated period
  55. 50Power to vary provisions concerning election expenses
  56. 51Time for sending in and paying claims
  57. 52Disputed claims
  58. 53Election agent’s claim
  59. 54Individual candidates: return as to election expenses
  60. 55Individual candidates: declaration as to election expenses
  61. 56Party list candidates: declarations as to personal expenses
  62. 57Circumstances in which no return or declaration is required
  63. 58Penalty for failure as respects return or declarations
  64. 59Penalty for sitting or voting where no return and declarations are delivered etc.
  65. 60Authorised excuses for failures as to return and declarations
  66. 61Court’s power to require information from election agent or sub-agent
  67. 62Duty of returning officer to forward returns and declarations to the Electoral Commission
  68. 63Publication of time and place of inspection of returns and declarations
  69. 64Inspection of returns and declarations
  70. 65Meaning of “election expenses”
  71. 66Property, goods, services etc. provided free of charge or at a discount
  72. Publicity at Senedd elections
  73. 67Right to send election address post free
  74. 68Broadcasting from outside United Kingdom
  75. 69Broadcasting of local items during election period
  76. 70Imitation poll cards and notifications
  77. Election meetings
  78. 71Schools and rooms for Senedd election meetings
  79. 72Disturbances at Senedd election meetings
  80. Agency by election officials and canvassing by police officers
  81. 73Officials not to act for candidates
  82. 74Illegal canvassing by police officers
  83. 75False statements as to candidates
  84. 76Corrupt withdrawal from candidature
  85. 77Payments for exhibition of election notices
  86. 78Printer’s name and address on election publications
  87. 79Prohibition of paid canvassers
  88. 80Providing money for illegal purposes
  89. 81Bribery
  90. 82Treating
  91. 83Undue influence
  92. 84Rights of creditors
  93. 85Savings as to Senedd election
  94. Part 4: Legal Proceedings
  95. 86Interpretation of Part 4
  96. 87Method of questioning Senedd election
  97. 88Rules of procedure
  98. 89Presentation and service of Senedd election petition
  99. 90Time for presentation or amendment of Senedd election petition
  100. 91Constitution of election court and place of trial
  101. 92Judges’ expenses and reception
  102. 93Attendance of shorthand writer
  103. 94Security for costs
  104. 95Petition at issue
  105. 96List of petitions
  106. 97Trial of petition
  107. 98Witnesses
  108. 99Duty to answer relevant questions
  109. 100Expenses of witnesses
  110. 101Conclusion of trial of Senedd election petition
  111. 102Election determined to be void by election court
  112. 103Special case for determination of High Court
  113. 104Withdrawal of petition
  114. 105Costs of petition
  115. 106Neglect or refusal to pay costs
  116. 107Further provision as to costs
  117. 108Appeals
  118. 109Jurisdiction
  119. 110Report as to a person’s guilt of corrupt or illegal practice
  120. 111Report as to candidate’s guilt of corrupt or illegal practice
  121. 112Consequence of a candidate being reported guilty of corrupt or illegal practice
  122. 113Incapacities of being reported personally guilty of corrupt or illegal practice
  123. 114Justice of the peace
  124. 115Members of legal and certain other professions
  125. 116Holder of licence or certificated under Licensing Acts
  126. 117Avoidance of election for general corruption
  127. 118Avoidance of election for employing corrupt agent
  128. 119Votes to be struck off for corrupt or illegal practices
  129. 120Application for relief
  130. 121Prosecutions for corrupt practices
  131. 122Prosecutions for illegal practices
  132. 123Conviction of illegal practice on charge of corrupt practice
  133. 124Incapacities on conviction of corrupt or illegal practice at a Senedd election
  134. 125Mitigation and remission of incapacities
  135. 126Illegal payments or employments
  136. 127Time limit for prosecutions
  137. 128Prosecution of offences committed outside the United Kingdom
  138. 129Offences by associations or body of persons
  139. 130Evidence by certificate of returning officer
  140. 131Evidence by certificate of electoral registration
  141. 132Director of Public Prosecutions
  142. 133Costs
  143. 134Service of notices
  144. 135Computation of time for purposes of Part 4
  145. Part 5: Miscellaneous and supplemental
  146. 136Advertisements
  147. 137Senedd constituencies not wholly within a county or county borough
  148. 138Accessibility of certain documents
  149. 139Forms: general
  150. 140Public notices and declarations
  151. 141Electronic applications, notices and signatures
  152. 142Publication of and inspection of documents
  153. 143Interference with notices etc.
  154. 144Premises used for election purposes
  155. 145Dissolution of the Senedd
  156. 146Consequential amendments
  157. Signature
  158. Schedule 1: Absent voting at Senedd elections
  159. 1General requirements for applications for an absent vote
  160. 2Additional requirements for applications for ballot papers to be sent to different address from that stated in application
  161. 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
  162. 4The personal identifiers record
  163. 5Notification of rejected postal voting statement
  164. 6Additional requirements for applications for appointment of a proxy
  165. 7Additional requirements for applications for a proxy vote for a particular or indefinite period on grounds of severe sight-impairment or other disability
  166. 8Additional requirements for applications for a proxy vote for a particular or indefinite period based on occupation, service, employment or attendance on a course
  167. 9Additional requirements for applications to vote by proxy in respect of a particular Senedd election
  168. 10Additional requirements for applications for an emergency proxy vote in respect of a particular election: grounds relating to occupation, service or employment
  169. 11Closing dates for applications
  170. 11AVerification of information provided in an absent voting application
  171. 11BPower to request additional evidence in relation to absent voting applications where registration officer considers it necessary
  172. 11CProcessing of information provided in connection with an absent voting application
  173. 12Grant or refusal of applications
  174. 13Notice of appeal
  175. 14Cancellation of proxy appointment
  176. 15Inquiries by registration officer
  177. 15ARequirement to notify certain electors and proxies that postal vote entitlement is to end
  178. 16Requirement to provide fresh signatures at five yearly intervals
  179. 17Requirement to provide fresh signatures following rejection of postal voting statement
  180. 18Records and lists kept under articles 6, 8 and 10
  181. 19Conditions on the use, supply and inspection of absent voter records or lists
  182. 20Protection of information about persons aged under 16
  183. 21Marked register for polling stations
  184. 22Certificate of employment at a Senedd election
  185. 23Notification by registration officer
  186. Schedule 2: Issue and receipt of postal ballot papers
  187. 1Interpretation
  189. 2Combination of polls
  190. 3Form of postal voting statement
  191. 4Persons entitled to be present at proceedings on issue of postal ballot papers
  192. 5Persons entitled to be present at proceedings on receipt of postal ballot papers
  193. 6Appointment of agents to be present at proceedings on receipt of postal ballot papers
  194. 7Notification of requirement of secrecy
  195. 8Time when postal ballot papers are to be issued
  196. 9Procedure on issue of postal ballot paper
  197. 10Refusal to issue postal ballot papers
  198. 11Envelopes
  199. 12Security of marked lists
  200. 13Delivery of postal ballot papers
  201. 14Spoilt postal ballot paper
  202. 15Lost postal ballot papers
  203. 16Cancellation of postal ballot papers
  205. 17Notice of opening of postal ballot paper envelopes
  206. 18Postal ballot boxes and receptacles
  207. 19Receipt of covering envelope
  208. 20Opening of postal voters’ ballot box
  209. 21Opening of covering envelopes
  210. 22Confirming receipt of postal voting statements
  211. 23Procedure in relation to postal voting statements: personal identifier verification
  212. 24Opening of ballot paper envelopes
  213. 25Retrieval of cancelled postal ballot papers
  214. 26Lists of rejected postal ballot papers
  215. 27Checking of lists kept under paragraph 26
  216. 28Sealing of receptacles
  217. 29Abandoned poll
  218. 30Forwarding of documents
  219. Schedule 3: Combination of polls: Senedd and local government elections
  220. Part 1: General
  221. 1Returning officers and polling stations
  222. 2Functions at combined polls
  223. 3Modification of provisions about expenses in this Order and the 1983 Act
  224. 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)
  225. 4Modifications to Schedule 5: general provision
  226. 5Rule 27A (colour of ballot papers)
  227. 6Rule 31 (notice of poll)
  228. 7Rule 36 (issue of official poll cards)
  229. 8Rule 37 (equipment of polling stations)
  230. 9Rule 38 (appointment of polling and counting agents)
  231. 10Rule 41 (admission to polling station)
  232. 11Rule 44 (questions to be put to voters)
  233. 12Rule 46 (voting procedure)
  234. 13Rule 47 (voters with a disability or unable to read: marking of votes by presiding officer)
  235. 14Rule 48 (voters with a disability or unable to read: assistance of companions)
  236. 15Rule 49 (voting with the assistance of a companion: supplemental provision)
  237. 16Rule 51 (tendered ballot papers: duties of presiding officer)
  238. 17Rule 53 (correction of errors on the day of poll)
  239. 18Rule 55 (procedure on close of poll)
  240. 19Rule 58 (the count: steps)
  241. 20Rule 72 (death of candidate)
  242. 21Rule 73 (abandoned poll)
  243. 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)
  244. 22Application and modification of the Local Elections (Principal Areas) (Wales) Rules 2021: general provision
  245. 23Rule 3 (interpretation)
  246. 24Rule 5 (conduct of elections to the council of a principal area)
  247. 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)
  248. 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)
  249. 26Application and Modification of the Local Election (Communities) (Wales) Rules 2021: general provision
  250. 27Rule 3 (interpretation)
  251. 28Rule 4 (conduct of elections to a community council)
  252. 29Schedule 2 (rules for conduct of an election of councillors for a community where poll is taken together with poll at a relevant election)
  253. Schedule 4: Combination of polls: Senedd elections and police and crime commissioner elections
  254. Part 1: General
  255. 1Returning officers and polling stations
  256. 2Functions at combined polls
  257. 3Modification of provisions about expenses in this Order and the 2011 Act
  258. 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)
  259. 4Modifications to Schedule 5: general provisions
  260. 5Rule 27A (colour of ballot papers)
  261. 6Rule 31 (notice of poll)
  262. 7Rule 36 (issue of official poll cards)
  263. 8Rule 37 (equipment of polling stations)
  264. 9Rule 38 (appointment of polling and counting agents)
  265. 10Rule 41 (admission to polling station)
  266. 11Rule 44 (questions to be put to voters)
  267. 12Rule 46 (voting procedure)
  268. 13Rule 47 (voters with a disability or unable to read: marking of votes by presiding officer)
  269. 14Rule 48 (voters with a disability or unable to read: assistance of companions)
  270. 15Rule 49 (voting with the assistance of a companion: supplemental provision)
  271. 16Rule 51 (tendered ballot papers: duties of presiding officer)
  272. 17Rule 53 (correction of errors on the day of poll)
  273. 18Rule 55 (procedure on close of poll)
  274. 19Rule 56 (arrangements for the counting of votes)
  275. 20Rule 58 (the count: steps)
  276. 21Rule 67 (delivery of documents to registration officer at contested elections)
  277. 22Rule 72 (death of candidate)
  278. 23Rule 73 (abandoned poll)
  279. Schedule 5: Senedd election rules
  280. Part 1: Provision as to time
  281. 1Timetable
  282. 2Computation of time
  283. Part 2: Stages common to contested and uncontested elections
  285. 3Notice of election
  287. 4Duty of returning officer to supply forms of nomination etc.
  288. 5Nomination of individual candidates
  289. 6Nomination of registered political parties and party list candidates
  290. 7Party nomination paper: name or description of registered political party
  291. 8Home address form
  292. 9Consent to nomination
  293. 10Consent to nomination: statements of party membership
  294. 11Deposit
  295. 12Places for delivery of nomination papers
  296. 13Right to attend nomination
  297. 14Decisions as to the validity of individual nomination papers
  298. 15Decisions as to the validity of party nomination papers
  299. 16Withdrawal of candidates
  300. 17Publication of statement of parties and other persons nominated
  301. 18Use of commonly used names in statement of parties and persons nominated
  302. 19Names that are the same or similar
  303. 20Correction of minor errors in nomination papers, home address forms or consent to nomination forms
  304. 21Inspection of nomination papers and consent to nomination forms
  305. 22Inspection of home address forms
  306. 23Adjournment of nomination proceedings in the case of riot
  308. 24Method of election
  309. Part 3: Contested elections
  311. 25Poll to be taken by ballot
  312. 26The ballot papers
  313. 27Corresponding number list
  314. 28The official mark
  315. 29Prohibition of disclosure of vote
  316. 30Use of schools and public rooms
  318. 31Notice of poll
  319. 32Postal ballot papers
  320. 33Return of postal ballot papers
  321. 34Provision of polling stations
  322. 35Appointment of presiding officers and clerks
  323. 36Issue of official poll cards
  324. 37Equipment of polling station
  325. 38Appointment of polling and counting agents
  326. 39Polling and counting agents: supplemental provision
  327. 40Notification of requirement of secrecy
  329. 41Admission to polling station
  330. 42Keeping of order in the polling station
  331. 43Sealing of the ballot boxes
  332. 44Questions to be put to voters
  333. 45Challenge of voter
  334. 46Voting procedure
  335. 47Voters with a disability or unable to read: marking of votes by presiding officer
  336. 48Voters with a disability or unable to read: assistance of companions
  337. 49Voting with the assistance of a companion: supplemental provision
  338. 50Tendered ballot papers: circumstances where available
  339. 51Tendered ballot papers: duties of presiding officer
  340. 52Spoilt ballot papers
  341. 53Correction of errors on the day of poll
  342. 54Adjournment of poll in case of riot
  343. 55Procedure on close of poll
  345. 56Arrangements for the counting of votes
  346. 57Attendance at the counting of votes
  347. 58The count: steps
  348. 59The count: general
  349. 60The count: rejected ballot papers
  350. 61Re-count
  351. 62Decision on ballot papers
  352. Part 4: Final proceedings in contested and uncontested elections
  353. 63Ascertainment of results at a contested election
  354. 64Declaration of result
  355. 65Return or forfeiture of deposit
  356. Part 5: Disposal of documents
  357. 66Sealing up of ballot papers at contested elections
  358. 67Delivery of documents to registration officer at contested elections
  359. 68Production etc. of documents
  360. 69Orders for the production of documents: supplemental provisions
  361. 70Retention and destruction of documents forwarded to relevant registration officer
  362. 71Destruction of home address forms by returning officer
  363. Part 6: Death of candidate
  364. 72Death of candidate
  365. 73Abandoned poll
  366. Part 7: Miscellaneous
  367. 74Return of Senedd members and record of returns etc.
  368. 75Vacancies
  369. 76Registered political parties
  370. 77Party’s registered nominating officer: discharge of functions
  371. Schedule 6: Control of donations to candidates
  372. Part 1: General
  373. 1Interpretation
  374. 2Donations: general rules
  375. 3Sponsorship
  376. 4Payments etc. not to be regarded as donations
  377. 5Value of donations
  378. Part 2: Controls on donations
  379. 6Prohibition on accepting donations from impermissible donors
  380. 7Acceptance or return of donations
  381. 8Transfer of donations received by candidate to election agent
  382. 9Evasion of restrictions on donations
  383. Part 3: Reporting of donations
  384. 10Statement of relevant donations
  385. 11Donations from permissible donors
  386. 12Donations from impermissible donors
  387. Schedule 7: Election expenses
  388. Part 1: List of matters
  389. 1Paragraph 1
  390. 2Paragraph 2
  391. 3Paragraph 3
  392. 4Paragraph 4
  393. 5Paragraph 5
  394. 6Paragraph 6
  395. Part 2: General exclusions
  396. 7Paragraph 7
  397. 8Paragraph 8
  398. 9Paragraph 9
  399. 10Paragraph 10
  400. 11Paragraph 11
  401. 12Paragraph 12
  402. 13Paragraph 13
  403. 14Paragraph 14
  404. 15Paragraph 15
  405. 16Paragraph 16
  406. 17Paragraph 17
  407. 18Paragraph 18
  408. 19Paragraph 19
  409. 19AParagraph 19A
  410. Part 3: Supplemental
  411. 20Guidance by the Electoral Commission
  412. Schedule 8: Use of rooms in school premises or meeting rooms for Senedd election meetings
  413. 1Use of rooms in school premises
  414. 2List of rooms in school premises
  415. 3List of meeting rooms
  416. 4Lists to be kept by the registration officer
  417. 5Inspection of lists
  418. Schedule 9: Modification of Election Petition Rules 1960
  419. 1Senedd election petition: modification of the Election Petition Rules 1960
  420. 2Modification of rule 2(2) (definitions)
  421. 3Modification of rule 2(3) (prescribed officer)
  422. 4Modification of rule 4(1) (form of petition)
  423. 5Modification of rule 9(3) (display etc. of notice of time and place of trial)
  424. 6Modification of rule 10(1) (identifying votes at issue)
  425. 7Modification of the Schedule (election petition)
  426. 8Modifications of references to a section of the Representation of the People Act 1983
  427. Schedule 10Appendix of forms
  428. Schedule 11: Consequential amendments
  429. 1The Senedd and Elections (Wales) Act 2020
  430. 2The Elections Act 2022
  431. 3The Representation of the People (England and Wales) Regulations 2001
  432. 4The Police and Crime Commissioner Elections Order 2012
  433. 5The Police and Crime Commissioner Elections (Functions of Returning Officers) Regulations 2012
  434. Schedule 12: Revocations
  435. 1Paragraph 1
  436. 2Paragraph 2
  437. 3Paragraph 3
  438. 4Paragraph 4
  439. 5Paragraph 5
  440. 6Paragraph 6
  441. 7Paragraph 7
  442. 8Paragraph 8
  443. 9Paragraph 9
  444. 10Paragraph 10
  445. 11Paragraph 11
  446. 12Paragraph 12
  447. Explanatory note