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Part 1U.K. [F1Senedd Cymru]

Textual Amendments

F1Words in Pt. 1 heading substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(2)

Modifications etc. (not altering text)

Presiding Officer and administrationU.K.

25Presiding Officer etc.U.K.

(1)The [F2Senedd] must, at its first meeting following a general election, elect from among the [F3Members of the Senedd] —

(a)a presiding officer (referred to in this Act as “the Presiding Officer”), and

(b)a deputy presiding officer (referred to in this Act as “the Deputy Presiding Officer”).

(2)The person elected under paragraph (a) of subsection (1) is to be known as the Presiding Officer or by such other title as the standing orders may provide; and the person elected under paragraph (b) of that subsection is to be known as the Deputy Presiding Officer or by such other title as the standing orders may provide.

(3)The Presiding Officer holds office until the conclusion of the next election of a Presiding Officer under subsection (1).

(4)The Deputy Presiding Officer holds office until the [F2Senedd] is dissolved.

(5)But the Presiding Officer or Deputy Presiding Officer—

(a)may at any time resign,

(b)ceases to hold office on ceasing to be [F4a Member of the Senedd] otherwise than by reason of a dissolution, and

(c)may be removed from office by the [F2Senedd].

(6)If the Presiding Officer or the Deputy Presiding Officer ceases to hold office under subsection (5) (or dies), the [F2Senedd] must elect a replacement from among the [F3Members of the Senedd].

(7)Subject to subsection (9), the Presiding Officer and the Deputy Presiding Officer must not belong to—

(a)the same political group, or

(b)different political groups both of which are political groups with an executive role.

(8)For the purposes of this Act a political group is a political group with an executive role if the First Minister or one or more of the Welsh Ministers appointed under section 48 belong to it.

(9)The [F2Senedd] may resolve that subsection (7) is not to apply for so long as the resolution so provides; but if the motion for the resolution is passed on a vote it is of no effect unless at least two-thirds of the [F3Members of the Senedd] voting support it.

(10)The Presiding Officer's functions may be exercised by the Deputy Presiding Officer if—

(a)the office of Presiding Officer is vacant, or

(b)the Presiding Officer is for any reason unable to act.

(11)The Presiding Officer may (subject to the standing orders) authorise the Deputy Presiding Officer to exercise functions of the Presiding Officer.

(12)The standing orders may include provision for the Presiding Officer's functions to be exercisable by any person specified in, or determined in accordance with, the standing orders if—

(a)the office of Presiding Officer is vacant or the Presiding Officer is for any reason unable to act, and

(b)the office of Deputy Presiding Officer is vacant or the Deputy Presiding Officer is for any reason unable to act.

(13)The standing orders may include provision as to the participation (including voting) in [F2Senedd] proceedings of the Presiding Officer and Deputy Presiding Officer and any person acting by virtue of subsection (12).

(14)The validity of any act of a person as Presiding Officer or Deputy Presiding Officer, or of any person acting by virtue of subsection (12), is not affected by any defect in the person's appointment by the [F2Senedd].

(15)Subsections (10) to (12) are subject to paragraph 11 of Schedule 2.

Textual Amendments

Commencement Information

I1Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

26Clerk of [F2Senedd] U.K.

(1)The [F2Senedd] Commission must appoint a person to be the Clerk of the [F2Senedd] (referred to in this Act as “the Clerk”).

(2)The person appointed under subsection (1) is to be known as the Clerk of the [F5Senedd, Clerc y Senedd] or by such other title as the standing orders may provide.

(3)The Clerk's functions may be exercised by any other member of the staff of the [F2Senedd] (or person seconded to work at the [F2Senedd]) authorised by the [F2Senedd] Commission if—

(a)the office of Clerk is vacant, or

(b)the Clerk is for any reason unable to act.

(4)The Clerk may authorise any other member of the staff of the [F2Senedd] (or person seconded to work at the [F2Senedd]) to exercise functions on the Clerk's behalf.

Textual Amendments

F5Words in s. 26(2) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 5, 42(2)

Commencement Information

I2Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

27A [F2Senedd] CommissionU.K.

(1)There is to be a body corporate to be known as the [F6Senedd Commission or Comisiwn y Senedd] (referred to in this Act as “the [F2Senedd] Commission”).

(2)The members of the [F2Senedd] Commission are to be—

(a)the Presiding Officer, and

(b)four other [F3Members of the Senedd].

(3)The standing orders must make provision for the appointment of the four other [F3Members of the Senedd] as members of the [F2Senedd] Commission.

(4)The provision included in the standing orders in compliance with subsection (3) must (so far as it is reasonably practicable to do so) secure that not more than one of the members of the [F2Senedd] Commission (other than the Presiding Officer) belongs to any one political group.

(5)The [F2Senedd] Commission must—

(a)provide to the [F2Senedd], or

(b)ensure that the [F2Senedd] is provided with,

the property, staff and services required for the [F2Senedd's] purposes.

(6)The [F2Senedd] may give special or general directions to the [F2Senedd] Commission for the purpose of, or in connection with, the exercise of the [F2Senedd] Commission's functions.

(7)Any property, rights or liabilities acquired or incurred in relation to matters to which the [F2Senedd] would otherwise be entitled or subject are to be treated for all purposes as property, rights or liabilities of the [F2Senedd] Commission.

(8)For further provision about the [F2Senedd] Commission see Schedule 2.

Textual Amendments

F6Words in s. 27(1) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 6, 42(2)

Commencement Information

I3Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))