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.