WQ89956 (e) Tabled on 29/11/2023

Will the Counsel General provide an update on the consolidation and remaking of The National Assembly for Wales (Representation of the People) Order 2007, and what proposed changes have been considered so far?

Answered by Counsel General and Minister for the Constitution | Answered on 05/12/2023

As you are aware The National Assembly for Wales (Representation of the People) Order 2007, more commonly referred to as the Conduct Order sets out the detailed rules for conducting elections to the Senedd. It sets out the way in which the election and the election campaign are conducted, including provisions for legal challenge to the election.

As the Conduct Order has previously been reviewed and amended before each Senedd election and as the original Order was made in 2007, this represents a valuable opportunity for us to consolidate and re-state the law as part of an accessible, bilingual framework for the first time. 

In doing so, we will take account of the principles set out in the Legislation (Wales) Act 2019, and seek to produce an Order using modern and clear language which is accessible to the reader. This reflects our ambition to deliver an accessible, bilingual legislative framework and modernising electoral law.

As you are aware, two Bills related to electoral reforms (the Senedd Cymru (Members and Elections) Bill and the Elections and Elected Bodies (Wales) Bill) are currently being scrutinised by the Senedd. Subject to the Senedd approving both Bills, the Government intends to give further effect to the changes introduced in both Bills through the detailed Articles and Rules contained in the Conduct Order.  For example, the Government intends to give further effect to certain policies in the Elections and Elected Bodies (Wales) Bill by updating the detailed rules relating to campaign finance arrangements, provide  improved accessibility for voters, and modernise the undue influence offence. The Government also intends to include changes to the rules for Senedd elections made necessary by the Senedd Cymru (Members and Elections) Bill.

The Government intends to consult on a draft version of the Conduct Order incorporating these changes in the Autumn of 2024.   

I have written to the Chair of the Senedd Reform Bill Committee this month to provide an outline of the plans for the Conduct Order.