SL(6)732 – The Welsh Elections Information Platform (Amendments) Regulations 2026
Background and Purpose
These Regulations amend the Welsh Elections Information Platform Regulations 2025 (“the 2025 Regulations”). They replace references to an order under section 13 of the Government of Wales Act 2006 in the 2025 Regulations to instead insert the particular corresponding provisions of the Senedd Cymru (Representation of the People) Order 2025 (S.I. 2025/864)(W. 150). These Regulations also make amendments to the definition of “candidate” to differentiate between individual and party list candidates, and remove the condition regarding the font style of a candidate statement.
Procedure
Senedd annulment procedure.
These Regulations were made by the Welsh Ministers before they were laid before the Senedd. The Senedd can annul the Regulations within 40 days (excluding any days when the Senedd is: (i) dissolved, or (ii) in recess for more than four days) of the date they were laid before the Senedd.
Technical Scrutiny
The following 4 points are identified for reporting under Standing Order 21.2 in respect of this instrument.
1. Standing Order 21.2 (v) – that for any particular reason its form or meaning needs further explanation.
In the preamble, the sections of the Elections and Elected Bodies (Wales) Act 2024 that are cited do not appear to accurately reflect the enabling powers that were relied upon for the making of these Regulations. The list of enabling provisions includes section 26(4) that contains a broad range of different powers. However, it should specify the relevant paragraphs in that subsection that contain the enabling powers that are relied upon for the making of these Regulations. It is particularly problematic that section 26(4)(c) is subject to a different procedure. If the power in section 26(4)(c) is relied upon the instrument should have been made under the approval procedure. In addition, the list includes section 26(8) but it is not the convention to cite provisions which only specify the relevant procedure under which the instrument is made.
2. Standing Order 21.2 (vi) – that its drafting appears to be defective or it fails to fulfil statutory requirements.
In regulation 4, it incorrectly notes that the 2025 Regulations are amended in accordance with regulations 5 and 6. The 2025 Regulations are also amended by regulation 7 of these Regulations. Therefore, regulation 4 does not correctly identify the amending provisions of these Regulations.
3. Standing Order 21.2 (vi) – that its drafting appears to be defective or it fails to fulfil statutory requirements.
In regulation 5(d), a new definition of “individual candidate” is inserted in regulation 2 of the 2025 Regulations. The definition includes references to “a Senedd election” and “a party list candidate” which are both defined terms in the Senedd Cymru (Representation of the People) Order 2025 (“the 2025 Order”). However, neither of those terms have been defined with a meaning in the existing 2025 Regulations. Therefore, if both “a Senedd election” and “a party list candidate” are intended to bear the same meaning as given by article 2(1) of the 2025 Order, the definitions of those terms should also be inserted in the 2025 Regulations.
4. Standing Order 21.2 (vi) – that its drafting appears to be defective or it fails to fulfil statutory requirements.
In regulation 6, there appear to be several errors in the new references that replace the existing references in regulation 6(1) of the 2025 Regulations as follows. In regulation 6(c), it should refer to “rule 31(1)” to be precise because that is the specific provision which relates to the notice of poll. In regulation 6(d), it should refer to “rule 31(2)” rather than “rule 32(2)” because that is the provision that relates to the notice of the situation of each polling station and the description of voters entitled to vote. In regulation 6(e), it should refer to “rule 64” rather than “rule 62” because that is the provision that relates to the declaration of results.
Merits Scrutiny
No points are identified for reporting under Standing Order 21.3 in respect of this instrument.
Welsh Government response
A Welsh Government response is required to all reporting points.
Legal Advisers
Legislation, Justice and Constitution Committee
4 February 2026