Consultation on the Draft Senedd Cymru (Disqualification) Order 2025

Section 16(1)(b) of the Government of Wales Act 2006 allows an Order in Council (Disqualification Order) to designate particular offices which disqualify the office holders from being a Member of the Senedd, but not from being a candidate to be a Member of the Senedd. 

Prior to each Senedd election a new Disqualification Order is usually made which revokes the previous Order and sets out an updated list of disqualifying offices. 

We propose the Senedd Cymru Disqualification Order 2025 applies the same criteria that was used for the current Disqualification Order. These were adopted from the principles in the then National Assembly’s Constitutional and Legislative Affairs Committee 2014 inquiry into disqualification arrangements.  

The criteria used for the current Order is as follows: 

• General principles set out in Recommendation 1 of the CLA committee’s report:
  • Principle 1: promoting democratic participation and the right to stand as an Assembly member are paramount
  • Principle 2: disqualification from membership of Senedd Cymru should be restricted to as few citizens as possible
  • Principle 3: political activity is inappropriate for some citizens in order to:
    • protect the independence of the electoral process
    • prevent conflicts of interest arising on election
    • protect certain public offices from political bias
  • Principle 4: the following citizens should be affected by a disqualification order:
    • those whose role involves an over-riding requirement for impartiality, including those whose responsibilities include the electoral process itself
    • those who hold any public office which carries with it a significant financial benefit from the Welsh Government
    • those who hold public office and in that role provide formal advice to the Welsh Government
    • those who hold any public office which is subject to scrutiny by the Senedd
  • Principle 5: where disqualifications are necessary they must be:
    • in line with these principles
    • clear and unambiguous
    • proportionate
• The offices described in Recommendation 12 of the CLA Committee Report should be included in the Disqualification Order unless they are already disqualified under Section 16 or Schedule 1A of GoWA 2006.
• Members of judicial tribunals should be disqualified.
• Normally, persons appointed by Welsh Ministers should be disqualified, but there may be instances where such persons should not be disqualified (in which case consideration of the five principles referred to above will be important).
• Public staff as described in Recommendation 13 of the CLA Committee Report (e.g. staff of National Park, Police, Fire and Rescue Authorities, staff of Welsh Government Sponsored Bodies) should not be disqualified, the Welsh Government believes it can be safely assumed such staff would give up their employment if elected, as continuing with such employment at the same time as discharging Senedd Member responsibilities would make impossible demands on the individual.

The list below sets out the bodies and offices we intend to include in the forthcoming Disqualification Order. This includes very little change from the current Senedd Cymru (Disqualification) Order 2020. 

These offices are in addition to those which have been made disqualifying offices in Schedule 1A of the Government of Wales Act 2006 and other legislation. 

The current Disqualification Order was unable to include any non-statutory bodies. This was due to a number of legal considerations. The risk of an appointee to a non-statutory body standing for election was managed through their terms of appointment. It is therefore proposed that this precedence continues, and non-statutory bodies should not be included in the forthcoming disqualification order.

To the best of our knowledge, we have ensured that the names of bodies referred to below are correct. 

• A National Park authority for a National Park in Wales. The disqualifying offices: all members
• A tribunal constituted under section 27 of, and Schedule 3 to the Education Act 2005. The disqualifying offices: all members
• A tribunal referred to in paragraph 10 of Schedule 26 to the School Standards and Framework Act 1998. The disqualifying offices: all members
• Adjudication Panel for Wales. The disqualifying offices: all members
• Advisory Committee on Dangerous Pathogens. The disqualifying offices: all members
• The advisory committee for Wales established under section 5(1) of the Food Standards Act 1999. The disqualifying offices: all members
• Advisory, Conciliation and Arbitration Service. The disqualifying offices: all members of the Council
• Agricultural Land Tribunal for Wales. The disqualifying offices: all members
• Armed Forces Commissioner(s). The disqualifying offices: Commissioner(s)
• Arts Council of Wales. The disqualifying offices: all members
• Big Lottery Fund. The disqualifying offices: all members appointed under paragraph 1 of Schedule 4A to the National Lottery etc. Act 1993 or of a committee established under paragraph 7(1)(b) of that Schedule
• Board of Medical Referees. The disqualifying offices: all members appointed by the Welsh Ministers
• Boundary Commission for Wales. The disqualifying offices: Commissioners and Secretary
• British Broadcasting Corporation Board. The disqualifying offices: all members
• British Council. The disqualifying offices: Chair and Chief Executive
• British Tourist Authority. The disqualifying offices: the member appointed by the Welsh Ministers
• British Transport Police Authority. The disqualifying offices: all members
• Certification Officer and any assistant certification officer having functions under the Trade Union and Labour Relations (Consolidation) Act 1992. The disqualifying offices: Certification Officer and any Assistant Certification Officer
• Citizen Voice Body. The disqualifying offices: non-executive members
• Community and Town Councils. The disqualifying offices: a paid officer having responsibility, for the purposes of section 151 of the Local Government Act 1972, for the administration of the financial affairs of the community council; A person holding a paid post that is for the time being specified by the community council in the list maintained in accordance with subsection (2) and any directions under section 3 of the Local Government Act 1972
• Consumer Council for Water. The disqualifying offices: all members of the Council and each regional committee of the Council established under section 27A of the Water Industry Act 1991
• Corporate Joint Committees. The disqualifying offices: all members
• Channel Four Television Corporation. The disqualifying offices: all members
• Commission for Tertiary Education and Research. The disqualifying offices: all members
• Competition and Markets Authority. The disqualifying offices: all members
• Development Bank of Wales Public Limited Company or any wholly owned subsidiary of Development Bank of Wales Public Limited Company. The disqualifying offices: all Directors
• Education Tribunal for Wales. The disqualifying offices: all members
• Education Workforce Council. The disqualifying offices: all members
• Employment Tribunals and Employment Appeal Tribunal. The disqualifying offices: all members
• Financial Conduct Authority. The disqualifying offices: all members
• Fire and Rescue Service. The disqualifying offices: Inspector or Assistant Inspector appointed under section 28 of the Fire and Rescue Services Act 2004
• Firefighters Pension Scheme Advisory Board for Wales. The disqualifying offices: all members
• First-tier tribunal. The disqualifying offices: all members
• Food Standards Agency. The disqualifying offices: all members
• Future Generations Commissioner. The disqualifying offices: Advisory Panel
• Gas and Electricity Markets Authority. The disqualifying offices: all members
• Health and Safety Executive. The disqualifying offices: all members
• Human Fertilisation and Embryology Authority. The disqualifying offices: all members
• Human Tissue Authority. The disqualifying offices: all members
• Independent Adjudicator to Local Authorities in Wales
• Independent Case Examiner for the Department of Work and Pensions. The disqualifying offices: The Independent Case Examiner
• Independent Football Regulator. The disqualifying offices: all members
• Independent Groundwater Complaints Administrator appointed under section 21 of and paragraph 27 of Schedule 7 to the Cardiff Bay Barrage Act 1993
• Independent Monitoring Authority for the Citizens’ Rights Agreements. The disqualifying offices: all members
• Independent Office for Police Conduct. The disqualifying offices: all members
• Information Commissioner
• Joint Commissioning Committee. The disqualifying offices: Chair
• Joint Nature Conservation Committee. The disqualifying offices: all members
• Judicial Appointments Commission. The disqualifying offices: Commissioners
• Judicial Appointments and Conduct Ombudsman
• Law Commission. The disqualifying offices: Commissioners and Non-Executive Board members
• Local Government Pension Scheme Advisory Board, Chair and Deputy Chair
• Local Health Board for an area in Wales. The disqualifying offices: all members, other than a member who is also an employee of the Board
• Marine Management Organisation. The disqualifying offices: all members
• Meat Promotion Wales. The disqualifying offices: all members
• Mental Health Review Tribunal for Wales. The disqualifying offices: all members
• Money and Pensions Service. The disqualifying offices: Directors
• National Employment Savings Trust Corporation. The disqualifying offices: all members
• National Health Service Trust all or some of whose hospital establishments or other facilities are situated in Wales. The disqualifying offices: Chair and Non-Executive Director
• National Library of Wales. The disqualifying offices: Trustees appointed by the Welsh Ministers
• National Museum Wales. The disqualifying offices: Trustees appointed by the Welsh Ministers
• Natural Resources Body for Wales known as Natural Resources Wales. The disqualifying offices: Chief Executive, Chair and members
• Office of Communications. The disqualifying offices: all members
• Pensions Ombudsman appointed under section 145 of the Pension Schemes Act 1993 and any deputy to that Ombudsman appointed under section 145A of that Act
• Pension Protection Fund. The disqualifying offices: all members, and the Ombudsman for the Board of the Pension Protection Fund appointed under section 209 of the Pensions Act 2004 and any deputy to that Ombudsman appointed under section 210 of that Act
• Pensions Regulator. The disqualifying offices: all members, and committee members established by the Pensions Regulator under section 9 of the Pensions Act 2004
• Person holding a politically restricted post, within the meaning of Part 1 of the Local Government and Housing Act 1989 , in:
  • a local authority in Wales, within the meaning of that Part
  • a National Park Authority for a National Park in Wales
• Police and Crime Commissioner as established by section 1 of the Police Reform and Social Responsibility Act 2011, and any Deputy appointed by the Commissioner under section 18 of that Act
• Professional Standards Authority for Health and Social Care. The disqualifying offices: all members
• Qualifications Wales. The disqualifying offices: all members
• Rent assessment committees for an area or areas every part of which is in Wales. The disqualifying offices: all members of a panel established under Schedule 10 to the Rent Act 1977
• Royal Commission on the Ancient and Historical Monuments of Wales. The disqualifying offices: Commissioners
• Sianel Pedwar Cymru. The disqualifying offices: all members
• Social Care Wales. The disqualifying offices: all members
• Special Health Authority performing functions partly or wholly in respect of Wales. The disqualifying offices: Chair and all members, other than a member who is also an employee of the Authority
• Sports Council for Wales known as Sport Wales. The disqualifying offices: all members
• Statistics Board established by the Statistics and Registration Service Act 2007. The disqualifying offices: all members
• Student Loans Company Limited. The disqualifying offices: Chair and Chief Executive
• Transport for Wales. The disqualifying offices: Directors
• Upper Tribunal. The disqualifying offices: all members, other than Judges of the Upper Tribunal(s)
• Valuation Tribunal for Wales. The disqualifying offices: all members
• Veterans’ Commissioner for Wales. The disqualifying offices: Commissioner
• Wales Audit Office. The disqualifying offices: All staff and auditors providing audit services to the Wales Audit Office or Auditor General for Wales
• Water Services Regulation Authority. The disqualifying offices: all members
• Welsh Health Specialised Services Committee. The disqualifying offices: Chair
• Welsh Industrial Development Advisory Board. The disqualifying offices: all members
• Welsh Language Partnership Council. The disqualifying offices: all members
• Welsh Language Tribunal. The disqualifying offices: all members
• Welsh Revenue Authority. The disqualifying offices: Chairperson and other non-executive members

The following offices were included in the 2020 Disqualification Order; however, we propose removing the following offices from the forthcoming Order. 

These offices have been abolished and replaced by other legislation. The replacements form part of the forthcoming Disqualification Order and are contained in the list above. 

• The Board of Community Health Councils in Wales. The disqualifying offices: Chair, and members appointed by the Welsh Ministers under regulation 34(1)(f) of the Community Health Councils (Constitution, Membership and Procedures) (Wales) Regulations 2010
• Community Health Councils. The disqualifying offices: All members appointed under regulations 3(1), 6, 7 and 8, and members co-opted by the Welsh Ministers under regulation 3(3A) of the Community Health Councils (Constitution, Membership and Procedures) (Wales) Regulations 2010

Question 1

Do you agree that the offices set out in this document should be included in the next Disqualification Order?

Question 2

Are there any other offices not included in the draft Disqualification Order, (that are not otherwise disqualified under the Government of Wales Act 2006 or other legislation), that you believe should be disqualified from membership of the Senedd?

Question 3

In your opinion, could the draft Order be formulated or changed so as to:

• have positive effects or more positive effects on using the Welsh language and on not treating the Welsh language less favourably than English
• mitigate any negative effects on using the Welsh language and on not treating the Welsh language less favourably than English

Question 4

We have asked a number of specific questions. If you have any related issues which we have not specifically addressed, please report them.

Submit your comments by 25 July 2025, in any of the following ways:

• complete our online form.
• download, complete our response form and email: elections.consultation@gov.wales
• download, complete our response form and post to:
  Elections Division
  Welsh Government
  Cathays Park
  Cardiff
  CF10 3NQ

Your rights

Under the data protection legislation, you have the right:

• to be informed of the personal data held about you and to access it.
• to require us to rectify inaccuracies in that data
• to (in certain circumstances) object to or restrict processing
• for (in certain circumstances) your data to be ‘erased’
• to (in certain circumstances) data portability
• to lodge a complaint with the Information Commissioner’s Office (ICO) who is our independent regulator for data protection.

Responses to consultations are likely to be made public, on the internet or in a report. If you would prefer your response to remain anonymous, please tell us.

For further details about the information the Welsh Government holds and its use, or if you want to exercise your rights under the UK GDPR, please contact:

Data Protection Officer

Data Protection Officer
Welsh Government
Cathays Park
Cardiff
CF10 3NQ

Email: Data.ProtectionOfficer@gov.wales 

Information Commissioner’s Office

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Telephone: 01625 545 745 or 0303 123 1113

Website: ico.org.uk

UK General Data Protection Regulation (GDPR)

The Welsh Government will be data controller for any personal data you provide as part of your response to the consultation. The Welsh Ministers have statutory powers they will rely on to process this personal data which will enable them to make informed decisions about how they exercise their public functions. Any response you send us will be seen in full by Welsh Government staff dealing with the issues which this consultation is about or planning future consultations. Where the Welsh Government undertakes further analysis of consultation responses, this work may be commissioned to be carried out by an accredited third party (e.g. a research organisation or a consultancy company). Any such work will only be undertaken under contract. The Welsh Government’s standard terms and conditions for such contracts set out strict requirements for the processing and safekeeping of personal data.

To show that the consultation was carried out properly, the Welsh Government intends to publish a summary of the responses to this document. We may also publish responses in full. Normally, the name and address (or part of the address) of the person or organisation who sent the response are published with the response. If you do not want your name or address published, please tell us this in writing when you send your response. We will then redact them before publishing.

You should also be aware of our responsibilities under Freedom of Information legislation. If your details are published as part of the consultation response, these published reports will be retained indefinitely. Any of your data held otherwise by the Welsh Government will be kept for no more than three years.

WG Number: WG52319

You can view this document in alternative languages. If you need it in a different format, please contact us.