Welsh Ministers have approved an amendment to the Representation of the People Act 1983 so that reasonable security expenses incurred by candidates no longer count towards qualifying expenses at local government elections in Wales. The Order enters into force on 13 March 2026 and includes a saving so it has no effect for polls before 7 May 2026. It was laid in draft, approved by Senedd Cymru under paragraph 15(2) of Schedule 4A, and made following consultation with the Electoral Commission. (laiddocuments.senedd.wales)
The legal change is narrowly framed. Paragraph 13A of Schedule 4A to the 1983 Act is amended by omitting the words “Except in relation to a local government election in Wales,” which extends the existing security‑expenses exclusion to Welsh council and community council contests. (laiddocuments.senedd.wales)
Paragraph 13A provides a general exclusion for “reasonable expenses… reasonably attributable to the protection of persons or property.” In practical terms, Electoral Commission materials for other Welsh polls indicate this can include event or personal security, privacy measures such as a PO Box on imprints, and cybersecurity tools for campaign equipment. (laiddocuments.senedd.wales)
Scope and timing are explicit. The exclusion applies to elections of councillors to county or county borough councils and to community councils where, if contested, the poll would take place on or after Thursday 7 May 2026. Contested polls scheduled before that date remain subject to the pre‑existing rules, notwithstanding commencement on 13 March 2026. (laiddocuments.senedd.wales)
Background to the change sits in UK‑wide reforms. In 2024, ministers introduced a general exclusion for reasonable security expenses across reserved and excepted elections via the Representation of the People (Variation of Election Expenses and Exclusions) Regulations 2024; Welsh local government polls were initially outside that provision. The Welsh Order removes that carve‑out to ensure consistency. (legislation.gov.uk)
Process and accountability are recorded on the face of the instrument. The Order relies on paragraph 15(1) of Schedule 4A to the 1983 Act, a power transferred to Welsh Ministers in 2018; the draft was approved by a Senedd resolution; and ministers consulted the Electoral Commission as required by paragraph 15(3). A Regulatory Impact Assessment has been prepared and is available on the Welsh Government website. Jayne Bryant MS is identified as the Cabinet Secretary for Housing and Local Government. (laiddocuments.senedd.wales)
For candidates and agents, the practical effect from polls on or after 7 May 2026 is that qualifying security expenditure sits outside the statutory candidate limit and is excluded from Schedule 4A returns. Robust records should be retained to evidence that excluded costs are reasonable and genuinely attributable to security, and to distinguish them from general campaigning spend. Electoral Commission guidance for other Welsh elections takes this approach to reasonableness. (electoralcommission.org.uk)
Interaction with other finance rules is straightforward. Wales has already legislated so that parties and non‑party campaigners can exclude reasonable security expenses from their spending under PPERA; the Commission’s party guidance lists such costs among activities that do not count as party campaign spending. The new Order aligns local candidate rules with that framework. (gov.wales)
Where security is bundled into wider event or venue fees, only the incremental cost that can be justified as security should be treated as excluded. Shared security costs across multiple candidates should be allocated on a fair, documented basis to avoid cross‑subsidy between qualifying and excluded spend types. The Commission’s guidance supports proportionate allocation based on use. (electoralcommission.org.uk)
Action now shifts to implementation. With the Order in force as of 13 March 2026 and applicable to council and community council polls on or after 7 May 2026, local parties, candidates and returning officers should reflect the new exclusion in budgeting, agent instructions and post‑poll returns, and monitor the Electoral Commission’s updates for Welsh local elections. The Order and accompanying explanatory materials provide the authoritative reference points. (laiddocuments.senedd.wales)