Government Response - The Individual Candidate Election Expenses (Senedd Elections) Code of Practice 2025 (Appointed Day) (Wales) Order 2026

Technical Scrutiny Point 1:

1. The Individual Candidate Election Expenses (Senedd Elections) Code of Practice 2025 (Appointed Day) (Wales) Order 2026 (“the Order”) was made by the Cabinet Secretary on Thursday 12 February 2026, at the very end of, but before the expiry of, the 40-day period. At the time the Order was made, on a practical level, the Senedd had no further opportunity to resolve not to approve the Individual Candidate Election Expenses (Senedd Elections) Code of Practice 2025 (“the Code”) within the 40-day period. In the event of a resolution being made by the Senedd not to approve the Code before the expiry of the 40-day period i.e. on Friday 13 February 2026, the Welsh Government was prepared to revoke the Order before it brought the Code into force.

2. The Code was issued on 17 February 2026 and will be published by the Electoral Commission in due course.

3. The Welsh Government notes that due to the fact the Order was made before the expiry of the 40-day period and before the Code was issued, the preamble provisions in the Order were not correct at the time of making, although they were correct by the coming into force date on 18 February 2026. However, the Welsh Ministers are satisfied that the requirements of the Senedd Cymru (Representation of the People) Order 2025 have been complied with for both the approval of the Code and the making of the Order.