Senedd Cymru (Disqualification) Order 2025: integrated impact assessment

Section 16 and Schedule 1A of the Government of Wales Act 2006 sets out the persons, or classes of persons who are disqualified from being a Member of the Senedd. 

Section 16(1)(b) of the Government of Wales Act 2006 provides for an Order in Council (“Disqualification Order”) to designate further offices and employments, the holders of which would be disqualified from becoming Members of the Senedd (but not from being a candidate to become a Member of the Senedd). 

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

The draft Senedd Cymru (Disqualification) Order 2025 (“the Draft Order”) would revoke and replace the Senedd Cymru (Disqualification) Order 2020 with effect from an election at which the poll is held on or after 6 April 2026.

The holders of offices mentioned in the Draft Order can stand as a candidate but could not take the oath to become a Member of the Senedd without first relinquishing their office.

While the Welsh Government believes that disqualification from membership of the Senedd should be restricted to as few citizens as possible, we recognise that political activity is inappropriate for the holders of certain offices. In particular, there is a need to protect certain public offices from political bias, and to ensure that the independence of the electoral process is upheld.

In 2014 the Senedd’s Constitutional and Legislative Affairs (CLA) Committee carried out an inquiry into the rules pertaining to disqualification from membership of the Senedd. This included 21 recommendations and proposed an overhaul of the legislative framework surrounding disqualifications from membership of the Senedd.

The Welsh Government agreed with the overall thrust of the CLA Committee report. The criteria for determining which offices were to be included in the National Assembly for Wales (Disqualification) Order 2015 were based on the principles set out in the CLA Committee’s report with some additional considerations by the Welsh Government. The same criteria and principles have continued to be applied when considering the offices to be included in the draft Order, which will revoke and replace the current Senedd Cymru (Disqualification) Order 2020.

Criteria for determining offices and membership of bodies for inclusion in the draft Order:

General principles set out in recommendation 1 of the CLA committee’s report: 

• Principle 1: Promoting democratic participation and the right to stand as a member of the Senedd 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 disqualifying offices, and should be included in the Disqualification Order unless they are already disqualifying offices under section 16 of the Government of Wales Act 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 Member of the Senedd responsibilities would make impossible demands on the individual. 

Well-being of Future Generations (Wales) Act 

There is clear alignment between the Draft Order and the five ways of working as set out in the Well-being of Future Generations (Wales) Act 2015 (“the Future Generations Act”). The Five Ways of Working have been considered throughout the development of this proposal and are discussed below.

Ways of working: long term 

While the Welsh Government believes that disqualification from membership of the Senedd should be restricted to as few citizens as possible, we recognise that political activity is inappropriate for the holders of certain offices. In particular, there is a need to protect certain public offices from political bias, and to ensure that the independence of the electoral process is upheld. This ensures that the processes of an election are safeguarded for the long-term. The Draft Order also makes clear the division of responsibility to those members of offices and bodies disqualified, and this enables better collaboration. 

Ways of working: prevention 

By revoking and remaking the Draft Order and therefore strengthening the administration of elections, this will help ensure the resilience of their delivery in the future. 

Ways of working: integration 

The Draft Order is one part of connected legislation that will help with the delivery the Senedd elections in 2026. 

Ways of working: collaboration 

We have worked closely across Welsh Government with policy officials to ensure that the Draft Order is updated in relation to policy and legislative changes. We have also worked with our electoral stakeholders to seek their views on the offices and bodies contained within the Order, and will continue to do so ahead of the Senedd election in 2026. 

Ways of working: involvement 

Consultation was undertaken with policy officials across Welsh Government, and a public consultation was also undertaken. The Cabinet Secretary for Housing and Local Government also informed the Chair of the LJC Committee, Leaders of Parties and the Llywydd of the consultation. Responses to the consultation were considered in detail and we will continue to work with stakeholders throughout the implementation of the Draft Order. 

Proposal impact: keeping routine up to date 

The Draft Order is a routine piece of secondary legislation that replaces and updates existing legislation, as is standard for each Senedd election. By ensuring those offices and bodies contained within the Disqualification Order are kept up to date, this ensures that the forthcoming Senedd elections can run as smoothly as possible. 

Proposal mechanism 

Secondary legislation is necessary to deliver the Draft Order. 

How have people most likely to be affected by the proposal been involved in developing it?

The Welsh Government’s response to the CLA Committee’s report made a commitment to consult on the National Assembly for Wales (Disqualification) Order 2015 and by consulting on the Draft Order we have continued to honour that commitment. The Draft Order was consulted on with Welsh Government policy officials and was published on the Welsh Government website for a period of eight weeks, between 30 May 2025 and 25 July 2025. The Cabinet Secretary for Housing and Local Government also wrote to the Chair of the LJC Committee, the Leaders of Parties and the Llywydd to inform them of the consultation. Responses have been considered in full following the close of the consultation and are available Consultation Template.

The Draft Order is technical in nature and specific in its application to the people who occupy the designated offices. As part of the consultation process officials contacted directly, via email, all those who hold a disqualifying office on the day the consultation was published to raise awareness of the consultation and allow for the maximum amount of time to respond.

The consultation document was made available in Welsh and English in order for the consultation to be conducted bilingually. 

All organisations that were added to the Draft Order post consultation were emailed directly to inform them that the offices relevant to their organisation were to be included in the Draft Order.

What are the most significant impacts, positive and negative?

No impacts have been identified on the people, culture and Welsh language, economy and environment of Wales as a result of the Draft Order. No costs have been identified with this legislation. 

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. Due to the specific nature of this Order it is not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with the Draft Order.

In light of the impacts identified, how will the proposal: 

• maximise contribution to our well-being objectives and the seven well-being goals;  and/or,

• avoid, reduce or mitigate any negative impacts?

Not applicable.

How will the impact of the proposal be monitored and evaluated as it progresses and when it concludes? 

Prior to each Senedd general election a new Disqualification Order is made which revokes the previous Order and sets out an updated list of disqualifying offices. Before the next Senedd general election all offices disqualified by the Senedd Cymru (Disqualification) Order 2025 will be reviewed and a new Disqualification Order will be produced to reflect any changes required.