Part 1National Assembly for Wales

Witnesses and documents

40General

1

The Presiding Officer or such other person as may be authorised by the standing orders may—

a

require any person giving evidence in Assembly proceedings to take an oath (or make an affirmation), and

b

administer the oath (or affirmation) to the person.

2

A person commits an offence if the person—

a

is required to attend Assembly proceedings for the purpose of giving evidence by a notice under section 38(1), and

b

refuses to take an oath (or make an affirmation) when required to do so for the purposes of the Assembly proceedings.

3

A person guilty of an offence under subsection (2) is liable on summary conviction—

a

to a fine not exceeding level 5 on the standard scale,

b

to imprisonment for a term not exceeding 51 weeks, or

c

to both.

4

The standing orders may provide for the payment of allowances and expenses to persons—

a

attending Assembly proceedings for the purpose of giving evidence, or

b

producing for the purposes of the Assembly (or a committee of the Assembly or a sub-committee of such a committee) documents which they have been required or requested to produce,

whether or not in pursuance of a notice under section 38(1).

5

The provision made by virtue of subsection (4) may confer functions on the Assembly Commission.

6

For the purposes of sections 37 to 39 and this section—

a

a person is to be taken to comply with a requirement to produce a document if the person produces a copy of the document or an extract of the relevant part of the document,

b

“document” means anything in which information is recorded in any form, and

c

references to producing a document are to producing the information recorded in it in a visible and legible form.