Commentary on Sections Part 1 Electoral Administration and Registration Chapter 4: Accessibility and Diversity: Welsh Elections Section 24 – Reports by the Electoral Commission
75.Section 24 inserts section 5A into PPERA. The Electoral Commission has a duty under section 5 of PPERA to prepare a report on the administration of each Senedd election. Section 5A(1) of PPERA as inserted by section 24 creates a duty for the Electoral Commission to prepare and publish a report on the administration of ordinary elections of councillors for counties, county boroughs and communities in Wales.
76.Subsections (2) and (3) of section 5A place a duty on the Electoral Commission to include in its reports following Senedd and local government elections a description of the steps returning officers have taken to assist persons with disabilities to vote at those elections where the disabilities could affect their right to vote.
77.Subsection (4) of the section 5A defines “disability” for the purposes of subsection (3) in relation to doing a thing, as including a short-term inability to do it. This is the same as the definition of disability in section 202 of the 1983 Act (under which Act the rules for the conduct of local government elections are made) and in article 2(1) of the National Assembly for Wales (Representation of the People) Order 2007 (S.I. 2007/236) (which contain the rules for the conduct of Senedd Cymru elections).
78.Subsection (4) of section 5A also defines “returning officer” for the purpose of the duty in subsection (3) to report on steps taken by returning officers. In the case of reports on Senedd elections it is defined by reference to orders made under section 13 of the Government of Wales Act 2006 (hereafter referred to as “GOWA 2006”), which govern the conduct of Senedd elections. In the case of reports on local government elections returning officers are defined as a person appointed under section 35(1A) of the 1983 Act.
79.Under the arrangements for electing members to Senedd Cymru established by the Senedd Cymru (Members and Elections) Act 2024 there are no by-elections when there are vacancies in the membership of Senedd Cymru. Section 25(3) makes transitional provision so that prior to the coming into force of the provisions of the Senedd Cymru (Members and Elections) Act 2024 making that change, a report under section 5A(3) will also be required for a Senedd constituency by-election.