Commentary on Sections Part 1 Electoral Administration and Registration Chapter 5: Campaign Finance Section 38 – Code of practice on controls relating to third parties
106.To support third parties’ understanding of the restrictions on expenditure, section 38 inserts subsection (1A) into section 100A of PPERA, which was inserted into PPERA by the Elections Act 2022. This requires the Electoral Commission to prepare a code of practice on controlled expenditure by third parties during a Welsh devolved regulated period. Section 38(4) inserts section 100C into PPERA which sets out the process the Electoral Commission must follow when preparing the code of practice, which includes them consulting with the Senedd, and any other persons the Electoral Commission considers appropriate. Section 100C also sets out the process to be followed before adopting a code proposed by the Commission under section 100A(1A) of PPERA. The effect of section 38(5) is that no Senedd procedure applies to an order made under section 100C(8).