Version Superseded: 03/05/2007
Point in time view as at 01/12/1998. This version of this provision has been superseded.
Government of Wales Act 1998, Section 77 is up to date with all changes known to be in force on or before 04 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)For the purposes of the law of defamation—
(a)any statement made in, for the purposes of or for purposes incidental to proceedings of the Assembly (including proceedings of a committee of the Assembly or of a sub-committee of such a committee), and
(b)the publication by or under the authority of the Assembly of a report of such proceedings,
is absolutely privileged.
(2)Subsection (1)(a) applies, in particular, to any statement made in—
(a)evidence given before the Assembly, a committee of the Assembly or a sub-committee of such a committee,
(b)a document laid before the Assembly or such a committee or sub-committee,
(c)a document prepared for the purposes of, or for purposes incidental to, the transaction of business by the Assembly or such a committee or sub-committee,
(d)a document (other than a report to which subsection (1)(b) applies) formulated, made or published by or under the authority of the Assembly or such a committee or sub-committee,
(e)any communication—
(i)between any person and a person having functions in connection with the registration of interests of Assembly members, or
(ii)between any person and an Assembly member,
in connection with such registration, or
(f)any communication—
(i)between any person and a person having functions in connection with the investigation of complaints about actions or failures on the part of the Assembly, or
(ii)between any person and an Assembly member,
in connection with any such complaint.
(3)In subsections (1) and (2) “statement” has the same meaning as in the M1Defamation Act 1996.
(4)The Assembly—
(a)is a legislature for the purposes of Schedule 1 to that Act (qualified privilege for fair and accurate report of public proceedings of legislatures etc.), and
(b)shall be treated as if it were a Minister of the Crown for the purposes of paragraph 11(1)(c) of that Schedule (report of proceedings of person appointed by a Minister etc. for the purposes of an inquiry).
(5)Section 10 of the M2Defamation Act 1952 and section 10 of the M3Defamation Act Northern Ireland) 1955 (limitation on privilege at elections) have effect in relation to elections of Assembly members as to elections to Parliament.
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