Senedd Cymru disqualification rules for 2026 polls
Thinking of standing in 2026? A fresh legal update sets out who can sit in the Senedd and who cannot. The Senedd Cymru (Disqualification) Order 2025 is now in force and, crucially, it applies to elections held on or after 6 April 2026 - in time for the 7 May 2026 poll. We’ll explain what counts as a disqualifying office, why the rule exists, and how the timing works so you can plan confidently.
How it became law matters. The Senedd approved the draft Order on 21 October 2025. It was then made by the King in Council at Buckingham Palace on 12 November 2025 and commenced the following day. The effect date is set for polls on or after 6 April 2026; until then, the 2020 Order still governs earlier polls and by‑elections.
What the Order actually does is straightforward: it designates specific jobs as “disqualifying offices”. If you hold one of those roles, you are disqualified from being a Member of the Senedd. You are not disqualified from being a candidate, which means you can stand - but you must give up the job before you can take your seat. This flows from section 16 of the Government of Wales Act 2006.
Is there time to resign after you win? Yes - for these designated offices, the law gives you until the swearing‑in. In plain English: you can be declared elected while still in the job, but you must resign before you take the oath in the Senedd or you cannot sit. Similar rules cover councillors, and there is a specific eight‑day window for MPs who win Senedd seats. The Electoral Commission’s guidance underlines these points for candidates.
Why have any disqualifying offices at all? Welsh Government says the aim is to protect impartial public roles - especially those running elections, giving formal advice to ministers, spending public money, or being scrutinised by the Senedd. Ministers also confirmed the 2025 list keeps close to the 2020 Order, following an eight‑week consultation earlier in the year.
What kinds of jobs are on the list? Examples include members of National Park authorities in Wales, the Adjudication Panel for Wales, the Agricultural Land Tribunal for Wales, Arts Council of Wales, the British Transport Police Authority, the BBC Board, the Big Lottery Fund’s board roles, the Boundary Commission for Wales (commissioners and the secretary), the Advisory Committee on Dangerous Pathogens, and the Wales advisory committee to the Food Standards Agency. The schedule runs longer - these are just illustrations.
Some roles bar you from standing as well as sitting. Separate to this Order, section 16 and Schedule 1A to the Government of Wales Act 2006 set out categories that disqualify a person from being both a candidate and a Member - for example certain judicial office‑holders. Always read the 2025 Order alongside the Act and the Electoral Commission’s disqualification guidance.
Timing is the trap to avoid. The 2025 Order “bites” for any poll held on or after 6 April 2026. The next Senedd general election is scheduled for Thursday 7 May 2026 and will be the first under the expanded 96‑Member, 16‑constituency system. If you are planning to run, this is the set of rules and offices you need to check.
Standing while you’re in one of these jobs is allowed, but plan your exit. If you are elected, resign the disqualifying office before you attend the Senedd to take the oath - failing to do so will prevent you from sitting. It is a criminal offence to make a false statement about eligibility on nomination papers, and Returning Officers cannot give you legal clearance, so speak to your employer early and use official guidance.
Which rules apply before April 2026? For any by‑election or poll held before 6 April 2026, the 2020 Disqualification Order remains the reference point. After that date, the 2025 Order takes over and the 2020 instrument is revoked for new polls.
As a voter, what should you take from this? Disqualification rules are about fairness, not closing doors. They keep election officials neutral, tribunals independent, and regulators at arm’s length from party politics. If a successful candidate has to leave a restricted role before taking the oath, that is the system protecting the integrity of your Parliament - and it sits alongside the new closed‑list system that will elect six Members in each of the sixteen constituencies.
Where to read more - and get it right. Start with section 16 of the Government of Wales Act 2006 and the Electoral Commission’s candidate guidance. Then check the 2025 Disqualification Order’s schedule for the current office list. If in doubt, get independent legal advice before you submit papers.