Paragraph 20 Guidance by the Electoral CommissionI1

England and Wales

(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

(c)

the Electoral Commission must arrange for the Code to be published in the manner it thinks appropriate.

(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.

Annotations

Commencement

I1: Sch. 7 para. 20 in force at 18.7.2025, see art. 1(2)