An Order in Council has updated the rules on who may sit in the Senedd. The Senedd Cymru (Disqualification) Order 2025 was made on 12 November 2025 and came into force on 13 November 2025. Its substantive provisions apply to any Senedd election where the poll occurs on or after 6 April 2026, following approval by Senedd Cymru under section 16(6) of the Government of Wales Act 2006.
Using powers in sections 16(1)(b), 16(5) and 157(1)–(2) of the 2006 Act, the Order designates specified offices in its Schedule. A person holding one of those offices is disqualified from being a Member of the Senedd. For these purposes, “offices” has the meaning given by section 16(5) of the 2006 Act.
The Order draws a clear distinction between candidacy and membership. Holders of scheduled offices are not barred from being candidates; the disqualification operates on sitting as, or becoming, a Member. A candidate elected while still holding a scheduled office would need to vacate that office before assuming a seat in the Senedd.
Other categories of disqualification continue to be set in primary legislation. Section 16 and Schedule 1A to the Government of Wales Act 2006 prescribe persons who are disqualified from being Members and, in some cases, from being candidates. Judges of the Upper Tribunal, for example, are disqualified from both candidacy and membership under section 16(A1)(b) and the Table in Part 2 of Schedule 1A; the 2025 Order does not alter that position.
The 2025 Order revokes the Senedd Cymru (Disqualification) Order 2020. For polls held before 6 April 2026, however, the 2020 instrument continues to have effect. From 6 April 2026 onwards, the new instrument governs disqualification for any Senedd election poll.
Procedurally, a draft of the Order was laid before, and approved by, Senedd Cymru in accordance with section 16(6) of the 2006 Act. The Order was then made by His Majesty in Council at the Court at Buckingham Palace on 12 November 2025 and signed by the Clerk of the Privy Council, Richard Tilbrook.
For prospective candidates, the immediate task is to check the Schedule to the 2025 Order alongside section 16 and Schedule 1A of the 2006 Act. Where a current role appears in the Schedule, planning for resignation ahead of any poll date will be necessary to ensure eligibility to take up a seat if elected.
Public bodies in Wales-including regulators, arm’s‑length bodies and NHS organisations-should update internal guidance on election participation, conflicts of interest and HR policies. Clear processes for declarations of intent to stand and, where appropriate, timed resignations will reduce compliance risk for organisations and staff.
Returning officers and party compliance teams should ensure nomination checks reference the correct instrument by poll date: the 2020 Order for polls before 6 April 2026 and the 2025 Order thereafter. Candidate briefings should also signpost the separate candidacy restrictions that arise directly under Schedule 1A of the 2006 Act.
The Order must be read together with section 16 of, and Schedule 1A to, the Government of Wales Act 2006 to understand the full framework: which offices bar membership only, which bar both candidacy and membership, and how these rules interact with resignation timing.
The legal position is therefore settled. The Senedd Cymru (Disqualification) Order 2025 is in force, with its new disqualification list applying to polls held on or after 6 April 2026, while the 2020 Order continues to govern any poll before that date.