Explanatory note

As required by section 28(2) of the Elections and Elected Bodies (Wales) Act 2024 (asc 5) (“the 2024 Act”), these Regulations provide for a scheme of financial assistance to help disabled candidates in Welsh elections to overcome barriers to their participation in those elections which are connected to their disability. The Regulations apply to Welsh elections, meaning an election for membership of Senedd Cymru or the council of a county or county borough or community in Wales.

A candidate for the purposes of these Regulations is a person who intends to become a candidate or is a validly nominated candidate. An application may be made for financial assistance by such a candidate at any time, but the payment of any financial assistance will only be made after a candidate has been validly nominated. Also, financial assistance will only be available to meet additional costs that are incurred in connection with a candidate’s disability for support or adjustments used after they have been validly nominated. A candidate is validly nominated at an election when their nomination at that election is accepted by the returning officer.

Regulation 4 provides for the appointment of a scheme operator, which may be subject to terms and conditions. The provision sets out requirements for the appointment. Regulation 5 confers functions on the scheme operator, and those functions may be delegated to specified persons as set out in regulations 6 and 7. The scheme operator must produce and publish guidance about the operation of the scheme as set out in regulation 8.

Regulation 9 sets out the financial assistance the scheme must provide, including reasonably incurred costs of support or adjustments required to enable a disabled candidate to participate in campaigning on a level basis with a non-disabled candidate, during the specified period. That specified period begins on the date a candidate is validly nominated at a Welsh election and ends on the day the results of that election are declared.

Regulation 10 provides conditions that the scheme operator must include as part of the eligibility criteria for the scheme.

Regulation 11 outlines the application and assessment processes for the financial assistance scheme, which must be detailed within the guidance published by the scheme operator under regulation 8.

Regulation 12 requires the scheme operator to take reasonable steps to ensure that arrangements are made to pay the approved financial assistance to the candidate, as soon as practicable. Financial assistance may be provided via direct payments to the source of the required support or adjustments, or directly to the candidate. Where payments are made directly to the candidate, the candidate may be required to fulfil specified conditions before the payment is made.

Regulation 13 outlines the circumstances and process when the scheme operator requests that a financial assistance payment is repaid.

Regulation 14 makes provision for the keeping of records and accounts by the scheme operator, which may be inspected by the Welsh Ministers. The scheme operator must also publish a report on the operation of the financial assistance scheme, as provided for in regulation 15, no later than 6 months following an election. Any information provided to Welsh Ministers, or included in a report by the scheme operator, must be anonymised and must not include identifiable details of a candidate.

Regulations 16 to 17 detail the consequential amendments required to other legislation to give full effect to the financial assistance scheme by ensuring that any expenses incurred by a candidate, which are paid or reimbursed under the financial assistance scheme established in accordance with these Regulations, do not count towards the candidate’s election expenditure limits in Welsh elections.

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