SL(6)802 – The Elections and Elected Bodies (Wales) Act 2024 (Commencement No. 3) Order 2026
Background and Purpose
This Order brings into force section 3 (duty to register local government electors) and section 4 (provision connected to the duty to register eligible local government electors) of the Elections and Elected Bodies (Wales) Act 2024 (the “2024 Act”) on 1 October 2026.
Procedure
No procedure.
Technical Scrutiny
The following point is 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.
Section 72(5) of the 2024 Act provides that, save for certain excepted provision, sections 3 and 4 of that Act may not come into force unless—
1. a report on the operation of Welsh election pilot provision regulations (made under section 5(1) of the 2024 Act) has been sent to the Welsh Ministers under section 17(5)(a) of that Act;
2. the Welsh Ministers have laid that report before Senedd Cymru (section 72(5)(c)); and
3. regulations that apply to registers of local government electors for areas in Wales do not require registration officers to prepare edited registers of local government electors or supply such registers or part of them to any person on payment of a fee (section 72(5)(d)).
The Representation of the People (Removal of the Edited Register) (Wales) Regulations 2026 (the “2026 Regulations”), which disapply the requirements in the Representation of the People (England and Wales) Regulations 2001 placed upon Electoral Registration Officers to prepare edited registers of local government electors for an area in Wales or supply such registers or part of them to any person on payment of a fee, were made on 11 March 2026 and come into force on 1 October 2026.
The Explanatory Memorandum to this Order:
· refers to the satisfaction of the requirement to lay the report on the operation of Welsh election pilot provision before Senedd Cymru by reference to a written statement to Members of the Senedd made by the Cabinet Secretary for Housing and Local Government on 17 December 2025[1]; and
· states that this Order brings sections 3 and 4 of the 2024 Act into force on 2 October 2026[2]. However, the Order brings those provisions into force on 1 October 2026 pursuant to article 2 of the Order.
The Welsh Government is therefore asked to explain:
1. whether the report on the operation of Welsh election pilot provision regulations (made under section 5(1) of the 2024 Act) was formally laid before Senedd Cymru as required by section 72(5)(c) of the 2024 Act;
2. the reason for this Order bringing sections 3 and 4 of the 2024 Act into force at the same time as the 2026 Regulations (and not after); and accordingly,
3. whether the Welsh Government is satisfied that the requirements of the 2024 Act have been complied with in the making of this Order.
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.
Legal Advisers
Legislation, Justice and Constitution Committee
18 March 2026