C1Part 1F84Senedd Cymru
Pt. 1 modified (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), ss. 13(5), 19(1)
The F83Senedd
Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(19) (with Sch. 1 para. 2(11)-(14))
1I1The F83Senedd
1
2
The F83Senedd is to consist of—
a
F872A
Members of the Senedd are to be known by that name or as Aelodau o'r Senedd.
3
F88Members of the Senedd are to be returned in accordance with the provision made by and under this Act for—
a
b
the filling of vacancies in F83Senedd seats.
4
The validity of any F83Senedd proceedings is not affected by any vacancy in its membership.
5
In this Act “F83Senedd proceedings” means any proceedings of—
a
the F83Senedd ,
b
committees of the F83Senedd , or
c
sub-committees of such committees.
2I2F83Senedd constituencies and electoral regions
F141
The F83Senedd constituencies are the constituencies specified in the Parliamentary Constituencies and Assembly Electoral Regions (Wales) Order 2006 ( S.I. 2006/1041) as amended by—
a
the Parliamentary Constituencies and F83Senedd Electoral Regions (Wales) (Amendment) Order 2008 ( S.I. 2008/1791), and
b
any Order in Council under the Parliamentary Constituencies Act 1986 giving effect (with or without modifications) to a report falling within section 13(3) or (4) of the Parliamentary Voting System and Constituencies Act 2011.
2
There are five F83Senedd electoral regions.
3
4
There are four seats for each F83Senedd electoral region.
F155
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F156
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
General elections
3I3Ordinary general elections
C2C41
The poll at an ordinary general election is to be held on the first Thursday in May in the F23fifth calendar year following that in which the previous ordinary general election was held, F38unless—
a
subsection (1A) prevents the poll being held on that day, or
b
the day of the poll is determined by a proclamation under section 4.
F371A
The poll is not to be held on the same date as the date of the poll at—
a
a parliamentary general election (other than an early parliamentary general election), F93...
F93b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
1B
Where subsection (1A) prevents the poll being held on the day specified in subsection (1), the poll is to be held on such day, subject to subsection (1A), as the Welsh Ministers may by order specify unless the day of the poll is determined by a proclamation under section 4(2) as modified by section 4(2A).
C32
If the poll is to be held on the first Thursday in May F40 or on the day specified by an order under subsection (1B) , the F83Senedd —
a
is dissolved by virtue of this section at the beginning of the minimum period which ends with that day, and
b
must meet within the period of F103fourteen days beginning immediately after the day of the poll.
C33
In subsection (2) “the minimum period” means the period determined in accordance with an order under section 13.
C34
In calculating any period of days for the purposes of subsection (2)(b), the following days are to be disregarded—
a
Saturday and Sunday,
b
any day which is a bank holiday in Wales under the Banking and Financial Dealings Act 1971 (c. 80), and
c
any day appointed for public thanksgiving or mourning.
F395
No order is to be made under subsection (1B) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the F83Senedd .
4I4Power to vary date of ordinary general election
F411
Subject to section 3(1A), the Presiding Officer may propose, for the holding of the poll at an ordinary general election, a day which is not more than one month earlier, nor more than one month later, than the first Thursday in May.
F412
If the Presiding Officer proposes a day under subsection (1), Her Majesty may by proclamation under the Welsh Seal—
a
dissolve the F83Senedd,
b
require the poll at the election to be held on the day proposed, and
F412A
Where a day is specified by an order under section 3(1B), subsection (1) applies as if the reference to the first Thursday in May were a reference to that day.
3
In calculating any period of days for the purposes of provision made by virtue of subsection F47(2)(c), the following days are to be disregarded—
a
Saturday and Sunday,
b
Good Friday,
c
any day which is a bank holiday in Wales under the Banking and Financial Dealings Act 1971 (c. 80), and
d
any day appointed for public thanksgiving or mourning.
4
F44The Welsh Ministers may by order make provision for—
a
any provision of, or made under, the Representation of the People Acts, or
b
any other enactment relating to the election of F81Members of the Senedd ,
F425
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
5I5Extraordinary general elections
1
The F48Presiding Officer must propose a day for the holding of a poll at an extraordinary general election if subsection (2) or (3) applies.
2
This subsection applies if—
a
the F83Senedd resolves that it should be dissolved, and
3
4
If the F49Presiding Officer proposes a day under subsection (1), Her Majesty may by F50proclamation under the Welsh Seal—
a
dissolve the F83Senedd and require an extraordinary general election to be held,
b
require the poll at the election to be held on the day proposed, and
5
If a poll is held under this section within the period of six months ending with the day on which the poll at the next ordinary general election would be held (disregarding section 4), that ordinary general election is not to be held.
6
But subsection (5) does not affect the year in which the subsequent ordinary general election is to be held.
7
In calculating any period of days for the purposes of subsection (4)(c), the following days are to be disregarded—
a
Saturday and Sunday,
b
Christmas Eve, Christmas Day and Good Friday,
c
any day which is a bank holiday in Wales under the Banking and Financial Dealings Act 1971 (c. 80), and
d
any day appointed for public thanksgiving or mourning.
6I6Voting at general elections
1
Each person entitled to vote at a general election in F82a Senedd constituency has two votes.
2
3
The other (referred to in this Act as an “electoral region vote”) is a vote which may be given for—
a
4
5
6
In this Act “registered political party” means a party registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 (c. 41).
7I7Candidates at general elections
1
2
3
The list must be submitted to the regional returning officer.
4
The list must not include more than twelve persons (but may include only one).
5
The list must not include a person—
a
b
F24c
6
A person may not be an individual candidate to be F82 a Senedd regional member for the F83Senedd electoral region if that person is—
a
F25c
7
8I8Calculation of electoral region figures
1
This section and section 9 are about the return of F83Senedd regional members for an electoral region at a general election.
2
3
For each registered political party by which a list of candidates has been submitted for the F83Senedd electoral region—
a
4
5
The number arrived at—
a
in the case of a registered political party, under subsection (3)(b), or
b
in the case of an individual candidate, under subsection (4),
is referred to in this Act as the electoral region figure for that party or individual candidate.
9I9Allocation of seats to electoral region members
1
The first seat for the F83Senedd electoral region is to be allocated to the party or individual candidate with the highest electoral region figure.
2
The second and subsequent seats for the F83Senedd electoral region are to be allocated to the party or individual candidate with the highest electoral region figure after any recalculation required by subsection (3) has been carried out.
3
This subsection requires a recalculation under paragraph (b) of section 8(3) in relation to a party—
a
for the first application of subsection (2), if the application of subsection (1) resulted in the allocation of F82a Senedd seat to the party, or
b
for any subsequent application of subsection (2), if the previous application of that subsection did so,
and a recalculation is to be carried out after adding one to the aggregate mentioned in that paragraph.
4
5
6
7
If (on the application of subsection (1) or any application of subsection (2)) the highest electoral region figure is the electoral region figure of two or more parties or individual candidates, the subsection applies to each of them.
8
However, if subsection (7) would mean that more than the full number of seats for the F83Senedd electoral region were allocated, subsection (1) or (2) does not apply until—
a
a recalculation has been carried out under section 8(3)(b) after adding one to the number of votes given for each party with that electoral region figure, and
b
one has been added to the number of votes given for each individual candidate with that electoral region figure.
9
If, after that, the highest electoral region figure is still the electoral region figure of two or more parties or individual candidates, the regional returning officer must decide between them by lots.
Vacancies
C610I10Constituency vacancies
1
2
Subject to subsection (7), an election must be held in the F83Senedd constituency to fill the vacancy.
3
4
The date of the poll at the election must be fixed by the Presiding Officer.
5
The date must fall within the period of three months beginning with the occurrence of the vacancy.
6
But if the vacancy does not come to the Presiding Officer's notice within the period of one month beginning with its occurrence, the date must fall within the period of three months beginning when it does come to the Presiding Officer's notice.
7
The election must not be held if it appears to the Presiding Officer that the latest date which may be fixed for the poll would fall within the period of three months ending with the day on which the poll at the next ordinary general election would be held (disregarding section 4).
8
The standing orders must make provision for determining the date on which a vacancy occurs for the purposes of this section.
9
A person may not be a candidate in an election to fill a vacancy if the person is—
a
F79a Member of the Senedd, or
b
a candidate in another such election.
11I11Electoral region vacancies
1
2
If the F83Senedd regional member was returned (under section 9 or this section) from the list of a registered political party, the regional returning officer must notify to the Presiding Officer the name of the person who is to fill the vacancy.
3
A person's name may only be so notified if the person—
a
is included on the list submitted by the registered political party for the last general election,
c
is not a person to whom subsection (4) applies.
4
This subsection applies to a person if—
a
the person is not a member of the registered political party, and
b
the registered political party gives notice to the regional returning officer that the person's name is not to be notified to the Presiding Officer as the name of the person who is to fill the vacancy.
5
But if there is more than one person who satisfies the conditions in subsection (3), the regional returning officer may only notify the name of whichever of them was the higher, or the highest, on that list.
6
7
The seat remains vacant until the next general election—
a
if the F83Senedd regional member was returned as an individual candidate, or
b
if that F83Senedd regional member was returned from the list of a registered political party but there is no-one who satisfies the conditions in subsection (3).
8
For the purposes of this section, a person included on the list submitted by a registered political party for the last general election who—
b
has subsequently been returned under section 10 or this section (even if the return was void),
is treated on and after the return of the personF30..., as not having been included on the list.
Franchise and conduct of elections
12I12Entitlement to vote
1
The persons entitled to vote at an election of F81Members of the Senedd (or of F79a Member of the Senedd) in F82a Senedd constituency are those who on the day of the poll—
a
b
are registered in the register of local government electors at an address within the F83Senedd constituency.
F761A
A person falls within the extended franchise for Senedd elections if the person—
a
has attained the age of 16, but not the age of 18, and
b
would, but for any disability removed by this section, be entitled to vote as an elector at a local government election in an electoral area wholly or partly included within the Senedd constituency.
F741B
A person falls within the extended franchise for Senedd elections if the person—
a
is a qualifying foreign citizen (within the meaning given by section 203(1) of the Representation of the People Act 1983 (c. 2)), and
b
would, but for any disability removed by this section, be entitled to vote as an elector at a local government election in an electoral area wholly or partly included within the Senedd constituency.
2
But a person is not entitled as an elector—
a
to cast more than one constituency vote, or more than one electoral region vote, in the same F83Senedd constituency at any general election,
b
to vote in more than one F83Senedd constituency at any general election, or
c
to cast more than one vote in any election held under section 10.
13F52Power of the Welsh Ministers to make provision about elections etc
1
The Welsh Ministers may by order make provision that would be within the legislative competence of the F83Senedd , if included in an Act of the F83Senedd, as to—
a
the conduct of elections of F81Members of the Senedd,
b
the questioning of an election of F81Members of the Senedd and the consequences of irregularities, and
c
the return of F79a Member of the Senedd otherwise than at an election.
2
The provision that may be made under subsection (1)(a) includes, in particular, provision—
a
about the registration of electors,
b
for disregarding alterations in a register of electors,
c
about the limitation of the election expenses of candidates (and the creation of criminal offences in connection with the limitation of such expenses),
d
for the combination of polls,
e
for modifying the application of sections 6 and 8(2) where the poll at an election for the return of F82a Senedd constituency member is abandoned (or notice of it is countermanded), and
f
for modifying section 9(7) to ensure the allocation of the correct number of seats for the region.
3
The provision that may be made under subsection (1)(c) includes, in particular, provision modifying section 11(3) to (5).
4
An order under this section may—
a
apply or incorporate, with or without modifications or exceptions, any provision of or made under the election enactments, and
b
so far as may be necessary in consequence of any provision made by an order under this section, make modifications of any provision made by or under any enactment relating to the registration of parliamentary electors or local government electors.
5
In subsection (4)(a) “"the election enactments”” means—
a
the Representation of the People Acts,
b
the Political Parties, Elections and Referendums Act 2000,
c
F94... and
d
any other enactments relating to parliamentary elections F95... or local government elections.
6
No return of F79a Member of the Senedd at an election may be questioned except by an election petition under the provisions of Part 3 of the Representation of the People Act 1983 as applied or incorporated in an order under this section.
7
No order is to be made under this section unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the F83Senedd.
13AF52Power of the Secretary of State to make provision about the combination of polls
1
The Secretary of State may by regulations make provision for—
a
the combination of polls at ordinary general elections of F81Members of the Senedd with polls at the elections listed in subsection (2), and
2
The elections are—
a
early parliamentary general elections, F96and
b
parliamentary by-elections, F97...
F97c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The elections are—
a
parliamentary general elections, F98...
F98b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4
The Secretary of State may not make regulations under this section without the agreement of the Welsh Ministers.
5
Regulations under this section may—
a
apply or incorporate, with or without modifications or exceptions, any provision made by or under the election enactments, and
b
modify any form contained in, or in regulations or rules made under, the Representation of the People Acts so far as may be necessary to enable it to be used both for the original purpose and in relation to elections of F81Members of the Senedd.
6
In subsection (5)(a) “"the election enactments”” has the meaning given by section 13(5).
7
No regulations are to be made under this section unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.
Duration of membership
14I13Term of office of F81Members of the Senedd
The term of office of F79a Member of the Senedd —
a
begins when the F80Member of the Senedd is declared to be returned, and
b
ends with the dissolution of the F83Senedd.
15I14Resignation of members
F79A Member of the Senedd may at any time resign by giving notice in writing to the Presiding Officer.
Disqualification
I1516Disqualification from being F80Member of the Senedd
F67A1
A person is disqualified from being a Member of the Senedd, and from being a candidate to be a Member of the Senedd, if that person—
a
falls within any of the categories of person specified in Part 1 of Schedule 1A, or
b
holds any of the offices specified in the Table in Part 2 of Schedule 1A.
1
F73A person is disqualified from being a Member of the Senedd (but not from being a candidate to be a Member of the Senedd) if that person—
F31za
is a member of the House of Commons (but see sections 17A and 17B),
F69zb
is a member of the House of Lords (but see section 17C),
zc
is a member of the council of a county or county borough in Wales (but see sections 17D, 17E and 17F),
zd
is a member of the Scottish Parliament,
ze
is a member of the Northern Ireland Assembly,
zf
is a member of the European Parliament, or
F71a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
holds any of the offices for the time being designated by Order in Council as offices disqualifying persons from being F81Members of the Senedd,
F68c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F68d
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F68e
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F721A
A person returned at an election as a Member of the Senedd is not disqualified under subsection (1)(zd), (ze), (zf) or (b) at any time before the person purports to take the oath of allegiance (or make the corresponding affirmation) in compliance with section 23(1) or 55(2).
F662
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1063
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F664
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
An Order in Council under paragraph (b) of subsection (1)—
a
may designate particular offices or offices of any description, and
b
may designate an office by reference to any characteristic of a person holding it,
and F70for the purposes of this section “office” includes any post or employment.
6
No recommendation is to be made to Her Majesty in Council to make an Order in Council under subsection (1)(b) unless a draft of the statutory instrument containing the Order in Council has been laid before, and approved by a resolution of, the F83Senedd.
I1617F53Relief from disqualification
F541
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F542
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The F83Senedd may resolve that the disqualification of any person who was, or is alleged to have been, disqualified from being F79a Member of the Senedd on a ground within section 16(1) F55... is to be disregarded if it appears to the F83Senedd —
a
that the ground has been removed, and
b
that it is proper so to resolve.
4
A resolution under subsection (3) does not—
a
affect any proceedings under Part 3 of the Representation of the People Act 1983 (c. 2) as applied by or incorporated in an order under section 13, or
b
enable the F83Senedd to disregard any disqualification which has been established in such proceedings or in proceedings under section 19.
17AF32Exception from disqualification by virtue of being an MP: recently elected members
1
A person returned at an election as F79a Member of the Senedd is not disqualified under section 16(1)(za) (disqualification by virtue of being an MP) at any time in the period of 8 days beginning with the day the person is so returned.
2
Subsection (3) applies where a person—
a
is returned at an election as F79a Member of the Senedd,
b
on being so returned is a candidate for election to the House of Commons, and
c
is subsequently returned at that election as a member of that House.
3
The person is not disqualified under section 16(1)(za) at any time in the period of 8 days beginning with the day the person is returned as a member of the House of Commons.
4
A person is a “candidate for election to the House of Commons” if the person's nomination paper for election as a member of the House of Commons has been delivered to the returning officer under rule 6 of Schedule 1 to the Representation of the People Act 1983 (parliamentary election rules).
17BException from disqualification by virtue of being an MP: general election of F81Members of the Senedd within 372 days
1
This section applies if—
a
F79a Member of the Senedd is returned as a member of the House of Commons, and
b
the expected day of the next general election of F81Members of the Senedd is within the period of 372 days beginning with the day the person is so returned (“the return day”).
2
The member is not disqualified under section 16(1)(za) (disqualification by virtue of being an MP) at any time in the period—
a
beginning with the return day, and
b
ending immediately before the day of the next general election of F81Members of the Senedd.
3
For the purposes of subsection (1)(b) the expected day of the next general election of F81Members of the Senedd is to be determined by reference to the circumstances as at the beginning of the return day (“the relevant time”).
F623A
Where, at the relevant time, section 3(1A) prevents the poll at the next ordinary general election being held on the day specified in section 3(1)—
a
if an order under section 3(1B) has been made, the expected day is the day on which the poll is required to be held in accordance with section 3(1B);
b
if no order under section 3(1B) has been made, the expected day is the day on which the poll would be held in accordance with section 3(1) if section 3(1A) were disregarded.
3B
Where, at the relevant time, the Presiding Officer has proposed a day for the holding of the poll at the next ordinary general election under section 4(1)—
a
if a proclamation under section 4(2) has been issued, the expected day is the day on which the poll is required to be held in accordance with that proclamation;
b
if no proclamation under section 4(2) has been issued, the expected day is the day proposed under section 4(1).
4
Where, at the relevant time, section 5(2) or (3) (extraordinary general elections) applies—
a
b
if no F61proclamation under section 5(4) has been issued but a day has been proposed under section 5(1), that is the expected day;
c
otherwise, the expected day is to be treated as being within the period mentioned in subsection (1)(b).
5
For the purpose of determining the expected day, no account is to be taken of the possibility of—
a
F65a day being proposed under section 4(1) (power to vary date of ordinary general election) after the relevant time, or
b
section 5(2) or (3) (extraordinary general elections) first applying after that time.
6
References in this section to the “day” of the election are to the day on which the poll at the election is held.
17CF78Exception from disqualification by virtue of being a member of the House of Lords
1
A person returned at an election as a Member of the Senedd is not disqualified under section 16(1)(zb) (disqualification by virtue of being a member of the House of Lords) at any time in the period of eight days beginning with the day the person is so returned.
2
A Member of the Senedd who becomes a member of the House of Lords is not disqualified under section 16(1)(zb) at any time before the end of the period of eight days beginning with the day the person makes and subscribes the oath required by the Parliamentary Oaths Act 1866 (c. 19) (or the corresponding affirmation).
3
A person is not disqualified from being a Member of the Senedd under section 16(1)(zb) at any time when the person—
a
has leave of absence from the House of Lords, or
b
has made an application for leave of absence which has not been withdrawn or refused.
4
A person who is on leave of absence from the House of Lords immediately before Parliament is dissolved is not disqualified from being a Member of the Senedd under section 16(1)(zb) at any time in the period—
a
beginning with the dissolution of the old Parliament, and
b
ending at the end of the period of eight days beginning with the day of the first meeting of the new Parliament.
17DF77Exception from disqualification by virtue of being a councillor: recently elected members
1
A person returned at an election as a Member of the Senedd is not disqualified under section 16(1)(zc) (disqualification by virtue of being a member of the council of a county or county borough in Wales) at any time before the person purports to take the oath of allegiance (or make the corresponding affirmation) in compliance with section 23(1) or 55(2).
2
A Member of the Senedd who is returned at an election as a member of the council of a county or county borough in Wales is not disqualified under section 16(1)(zc) at any time before the person makes a declaration of acceptance of office under section 83 of the Local Government Act 1972 (c. 70).
17EException from disqualification by virtue of being a councillor: ordinary election of councillors within 372 days
1
This section applies if—
a
a member of the council of a county or county borough in Wales is returned as a Member of the Senedd, and
b
the expected day of the next ordinary election of members of the council is within the period of 372 days beginning with the day the person is so returned (“the return day”).
2
The member is not disqualified under section 16(1)(zc) (disqualification by virtue of being a member of the council of a county or county borough in Wales) at any time in the period—
a
beginning with the return day, and
b
ending with the fourth day after the day of the next ordinary election of members of the council.
3
For the purposes of subsection (1)(b) the expected day of the next ordinary election of members of the council is to be determined by reference to the circumstances as at the beginning of the return day (“the relevant time”).
4
For the purpose of determining the expected day, no account is to be taken of the possibility of—
a
an order under section 37ZA(1) F102or (1A) of the Representation of the People Act 1983 (c. 2) (power to vary ordinary day of local elections), or
b
an order under section 87 of the Local Government Act 2000 (c. 22) (power to change year in which local election is held),
being made after the relevant time.
5
References in this section and section 17F to the “day” of an election are to the day on which the poll at the election is held.
17FException from disqualification by virtue of being a councillor: general election of Members of the Senedd within 372 days
1
This section applies if—
a
a Member of the Senedd is returned as a member of the council of a county or county borough in Wales, and
b
the expected day of the next general election of Members of the Senedd is within the period of 372 days beginning with the day the person is so returned (“the return day”).
2
The member is not disqualified under section 16(1)(zc) (disqualification by virtue of being a member of the council of a county or county borough in Wales) at any time in the period—
a
beginning with the return day, and
b
ending immediately before the day of the next general election of Members of the Senedd.
3
For the purposes of subsection (1)(b) the expected day of the next general election of Members of the Senedd is to be determined by reference to the circumstances as at the beginning of the return day (“the relevant time”).
4
Where, at the relevant time, section 3(1A) prevents the poll at the next ordinary general election being held on the day specified in section 3(1)—
a
if an order under section 3(1B) has been made, the expected day is the day on which the poll is required to be held in accordance with section 3(1B);
b
if no order under section 3(1B) has been made, the expected day is the day on which the poll would be held in accordance with section 3(1) if section 3(1A) were disregarded.
5
Where, at the relevant time, the Presiding Officer has proposed a day for the holding of the poll at the next ordinary general election under section 4(1)—
a
if a proclamation under section 4(2) has been issued, the expected day is the day on which the poll is required to be held in accordance with that proclamation;
b
if no proclamation under section 4(2) has been issued, the expected day is the day proposed under section 4(1).
6
Where, at the relevant time, section 5(2) or (3) (extraordinary general elections) applies—
a
if a proclamation under section 5(4) has been issued, the expected day is the day on which the poll is required to be held in accordance with that proclamation;
b
if no proclamation under section 5(4) has been issued but a day has been proposed under section 5(1), that is the expected day;
c
otherwise, the expected day is to be treated as being within the period mentioned in subsection (1)(b).
7
For the purpose of determining the expected day, no account is to be taken of the possibility of—
a
a day being proposed under section 4(1) (power to vary date of ordinary general election) after the relevant time, or
b
section 5(2) or (3) (extraordinary general elections) first applying after that time.
18I17Effect of disqualification
F58A1
If a person who is disqualified from being a candidate to be a Member of the Senedd (see section 16(A1)) is nominated as a candidate at a general election of Members of the Senedd or an election to fill a vacancy under section 10, the person's nomination is void.
1
F602
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
If a person who is F79a Member of the Senedd becomes disqualified—
F59b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the person ceases to be F79a Member of the Senedd (so that the person's seat is vacant).
4
Subsections (1) to (3) have effect subject to any resolution of the F83Senedd under section 17(3).
5
In addition, subsection (3) has effect subject to—
F20a
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
b
section 427 of the Insolvency Act 1986 (c. 45) (bankruptcy etc.).
6
7
But for any period for which the person is disqualified but the person's seat is not vacant—
a
the person must not participate in any F83Senedd proceedings, and
8
The validity of any F83Senedd proceedings is not affected by the disqualification of any person—
F57b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
19I18Judicial proceedings as to disqualification
1
Any person who claims that a person purporting to be F79a Member of the Senedd is, or at any time since being returned as F79a Member of the Senedd has been, disqualified from being—
F56b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
may apply to the High Court for a declaration to that effect.
2
An application under subsection (1) in respect of any person may be made whether the grounds on which it is made are alleged to have subsisted at the time when the person was returned or to have arisen subsequently.
3
No declaration may be made under this section in respect of any person—
a
on grounds which subsisted when the person was returned, if an election petition is pending or has been tried in which the person's disqualification on those grounds is or was in issue, or
b
on any ground, if a resolution of the F83Senedd under section 17(3) requires that any disqualification incurred by the person on that ground is to be disregarded.
4
On an application under this section—
a
the person in respect of whom the application is made is to be the respondent, and
b
the applicant must give such security for the costs of the proceedings as the court may direct.
5
The amount of the security may not exceed £5,000 or such other sum as the Welsh Ministers may specify by order.
6
The decision of the court on an application under this section is final.
7
A statutory instrument containing an order under subsection (5) is subject to annulment in pursuance of a resolution of the F83Senedd.
Remuneration, oaths etc.
20I19Remuneration of F81Members of the Senedd
1
2
3
F3Provision may be made for the payment of pensions, gratuities or allowances to, or in respect of, any person who—
a
has ceased to be F79a Member of the Senedd, or
4
Such provision may, in particular, include provision for—
a
contributions or payments towards provision for such pensions, gratuities or allowances, and
b
the establishment and administration (whether by the F83Senedd Commission or otherwise) of one or more pension schemes.
5
Sums required for the making of payments by virtue of provision under subsection (1) or (3) to or in respect of a person who holds or has held the office of Presiding Officer or Deputy Presiding Officer are to be charged on the Welsh Consolidated Fund.
F46
Provision under this section is to be made by determination made by the Board.
F57
The F83Senedd Commission must give effect to any determination made by the Board under this section.
8
21I20Limit on salaries of F81Members of the Senedd
1
The F83Senedd must make provision to ensure that the amount of the salary payable to F79a Member of the Senedd in accordance with section 20 is reduced if a salary is payable to the F80Member of the Senedd —
F16za
under section 4 of the Parliamentary Standards Act 2009 (salaries of members of the House of Commons),F99or
a
F100b
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
The provision made must ensure that the amount of salary is reduced—
a
to a particular proportion of what it otherwise would be or to a particular amount, or
3
Provision may be made under this section by—
a
the standing orders, or
b
resolutions of the F83Senedd,
and may include provision conferring functions on the F83Senedd Commission.
22I21Remuneration: supplementary
1
Different provision may be made under section 20 or 21 for different cases.
2
a
the amounts paid to each F80Member of the Senedd as salary and allowances, and
b
the total amount paid to F81Members of the Senedd as salaries and allowances,
is published for each financial year F7. . . .
F83
4
For the purposes of sections 20 and 21 a person who—
b
is nominated as a candidate at the subsequent general election,
is to be treated as F79a Member of the Senedd until the end of the day on which the poll at the election is held.
5
Where a person—
b
continues to hold office as Presiding Officer or as a member of the F83Senedd Commission by virtue of paragraph 1(1) or (2) of Schedule 2,
6
Provision made under section 20(3) does not affect pensions or allowances in payment before the provision was made.
23I22Oath or affirmation of allegiance
1
F79A Member of the Senedd must take the oath of allegiance in the form set out in section 2 of the Promissory Oaths Act 1868 (c. 72) (or make the corresponding affirmation) as soon as is reasonably practicable after being returned as F79a Member of the Senedd (whether for the first time or subsequently).
2
The standing orders must specify the person before whom the oath is to be taken (or the affirmation made).
3
4
Until F79a Member of the Senedd has taken the oath (or made the affirmation) the F80Member of the Senedd must not do anything as F79a Member of the Senedd, other than—
a
b
take part in any earlier proceedings for the election of the Presiding Officer or Deputy Presiding Officer.
5
If F79a Member of the Senedd has not taken the oath (or made the affirmation) within—
a
the period of two months beginning with the day on which the F80Member of the Senedd was declared to be returned, or
b
such longer period as the F83Senedd may have allowed before the end of that period of two months,
6
7
24I23Assistance to groups of F81Members of the Senedd
1
The F83Senedd Commission must make to (or in respect of) political groups to which F81Members of the Senedd belong such payments F9as the Board from time to time determines for the purpose of assisting F81Members of the Senedd who belong to those political groups to perform their functions as F81Members of the Senedd.
2
A determination under subsection (1) may make provision—
a
for calculating the amount of any payment to (or in respect of) a political group,
b
for the conditions subject to which payments to (or in respect of) a political group are to be made, and
c
for claims for such payments to be made to the F83Senedd Commission.
3
A determination under subsection (1) may make different provision for different political groups.
4
F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5
The standing orders must include provision for determining for the purposes of this Act whether any F80Member of the Senedd belongs to a political group and, if so, to which; and (in particular)—
a
b
must include provision requiring the Presiding Officer to decide any questions arising under the provision included by virtue of this subsection.
F116
F127
The F83Senedd Commission must ensure that information concerning the sums paid under this section is published for each financial year.
Presiding Officer and administration
25I24Presiding Officer etc.
1
The F83Senedd must, at its first meeting following a general election, elect from among the F81Members 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 F83Senedd 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 F79a Member of the Senedd otherwise than by reason of a dissolution, and
c
may be removed from office by the F83Senedd.
6
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
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 F83Senedd 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 F83Senedd.
15
Subsections (10) to (12) are subject to paragraph 11 of Schedule 2.
26I25Clerk of F83Senedd
1
2
The person appointed under subsection (1) is to be known as the Clerk of the F91Senedd, 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 F83Senedd (or person seconded to work at the F83Senedd) authorised by the F83Senedd Commission if—
a
the office of Clerk is vacant, or
b
the Clerk is for any reason unable to act.
4
27I26A F83Senedd Commission
1
2
The members of the F83Senedd Commission are to be—
a
the Presiding Officer, and
b
four other F81Members of the Senedd.
3
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 F83Senedd Commission (other than the Presiding Officer) belongs to any one political group.
5
The F83Senedd Commission must—
a
provide to the F83Senedd, or
b
ensure that the F83Senedd is provided with,
the property, staff and services required for the F83Senedd's purposes.
6
7
8
For further provision about the F83Senedd Commission see Schedule 2.
Committees
28I27Committees and sub-committees
1
The standing orders may provide—
a
for the appointment of committees of the F83Senedd, and
b
for such committees to have power to appoint sub-committees.
2
3
The standing orders must make provision about the membership, chairing and procedure of committees of the F83Senedd and sub-committees of such committees.
4
5
The validity of any proceedings of a committee of the F83Senedd, or of a sub-committee of such a committee, is not affected by—
a
any vacancy in its membership,
b
any defect in the appointment of its members or of the person who chairs it, or
c
any failure to comply with provisions of the standing orders relating to procedure.
F3429Composition of committees
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
30I28Audit Committee
1
The committees of the F83Senedd must include one to be known as the Audit Committee or Pwyllgor Archwilio or by such other name as the F83Senedd may determine; and, if the F83Senedd makes such a determination, references to the committee in—
a
any enactment (including any enactment comprised in or made under this Act) or prerogative instrument, or
b
any other instrument or document,
have effect accordingly.
2
The Audit Committee is to have the number of members specified by the standing orders.
3
None of the following may be a member of the Audit Committee—
a
the First Minister or any person designated to exercise the functions of the First Minister,
b
a Welsh Minister appointed under section 48,
c
the Counsel General or any person designated to exercise the functions of the Counsel General, or
d
a Deputy Welsh Minister.
4
The Audit Committee must not be chaired by F79a Member of the Senedd who is a member of a political group with an executive role.
Proceedings etc.
31I29Standing orders
1
F83Senedd proceedings are to be regulated by standing orders (referred to in this Act as “the standing orders”).
2
The standing orders must include provision for preserving order in F83Senedd proceedings, including provision for—
a
preventing conduct which would constitute a criminal offence or contempt of court, and
b
a sub judice rule.
3
4
5
The standing orders—
a
b
may include provision as to the conditions to be complied with by members of the public attending the proceedings (including provision for excluding any member of the public who does not comply with the conditions).
6
The standing orders must include provision—
a
b
for publishing the reports of proceedings as soon as reasonably practicable after the proceedings take place.
7
8
The Clerk must from time to time publish the standing orders.
F3532Participation by UK Ministers etc.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3633Consultation about UK Government's legislative programme
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
34I30Participation by Counsel General
1
2
3
The Counsel General may, in any F83Senedd proceedings, decline to answer any question or produce any document concerning the operation of the system of criminal prosecution in any particular case if considering that answering the question or producing the document—
a
might prejudice criminal proceedings in the case, or
b
would otherwise be contrary to the public interest.
35I31Equality of treatment
F191
F191
The official languages of the F83Senedd are English and Welsh.
1A
The official languages must, in the conduct of F83Senedd proceedings, be treated on a basis of equality.
1B
All persons have the right to use either official language when participating in F83Senedd proceedings.
1C
1D
Paragraph 8 of Schedule 2 makes provision about how the F83Senedd Commission must enable effect to be given to subsections (1) to (1C).
2
36I32Integrity
1
The standing orders must include provision—
a
for a register of interests of F81Members of the Senedd, and
b
for the register to be published and made available for public inspection.
2
The standing orders must require F81Members of the Senedd to register in the register of interests registrable interests, as defined for the purposes of this subsection.
3
The standing orders must require any F80Member of the Senedd who has—
a
a financial interest, as defined for the purposes of this subsection, or
b
any other interest, or an interest of any other kind, as so defined,
in any matter to declare that interest before taking part in F83Senedd proceedings relating to that matter.
4
5
The standing orders must include provision prohibiting F79a Member of the Senedd from—
a
advocating or initiating any cause or matter on behalf of any person, by any means specified in the standing orders, in consideration of any payment or benefit in kind of a description so specified, or
b
urging, in consideration of any such payment or benefit in kind, any other F80Member of the Senedd to advocate or initiate any cause or matter on behalf of any person by any such means.
6
The standing orders must include provision about (or for the making of a code or protocol about) the different roles and responsibilities of F83Senedd constituency members and F83Senedd regional members; and—
a
7
F79a Member of the Senedd who—
a
takes part in F83Senedd proceedings without having complied with, or in contravention of, any provision included in the standing orders in pursuance of subsections (2) to (4), or
b
contravenes any provision included in the standing orders in pursuance of subsection (5),
commits an offence.
8
A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
9
A prosecution for an offence under subsection (7) cannot be instituted except by or with the consent of the Director of Public Prosecutions.
10
The validity of any F83Senedd proceedings is not affected by any contravention or failure to comply with any provision included in the standing orders in pursuance of this section.
11
In this section—
a
b
“financial interest” includes a benefit in kind.
Witnesses and documents
37I33Power to call
1
Subject as follows, the F83Senedd may require any person—
a
to attend F83Senedd proceedings for the purpose of giving evidence, or
b
concerning any matter relevant to the exercise by the Welsh Ministers of any of their functionsF22, relevant to the exercise of any of the Auditor General for Wales' functions, or relevant to the oversight and supervision of the Auditor General for Wales, or to the oversight and supervision of the exercise of any of his or her functions.
2
3
The F83Senedd may not impose a requirement under subsection (1) on a person who—
a
is or has been a Minister of the Crown, or
b
serves or has served in the department of a Minister of the Crown,
in relation to the exercise of any functions of a Minister of the Crown.
4
The F83Senedd —
a
may not impose a requirement under subsection (1) on a person who is a full-time judge of any court, and
b
may not impose such a requirement on a person who is not within paragraph (a) but who is or has been a member of any court or tribunal in connection with the exercise of functions as such a member.
5
Where a requirement under subsection (1) is imposed on a person who is or has been a member of the staff of the Welsh F33... Government (or a person seconded to work for the Welsh F33... Government) in relation to the exercise of any functions of the Welsh Ministers, the First Minister or the Counsel General, any of them may issue a direction under subsection (6).
6
A direction under this subsection is a direction—
a
that the person on whom the requirement was imposed need not comply with it, and
b
that the requirement is instead to be complied with by another person specified in the direction.
F516A
Subsection (1) applies in relation to requirements imposed on a person in connection with the discharge of the functions of the Gas and Electricity Markets Authority in relation to Wales with the omission of the words after paragraph (b).
F1076B
Subsection (1) applies in relation to things done by the Domestic Abuse Commissioner by virtue of section 7(4)(b) or (c) of the Domestic Abuse Act 2021 (functions exercisable in relation to devolved Welsh authorities etc) as it applies in relation to the exercise by the Welsh Ministers of their functions.
7
The powers conferred by subsection (1)—
a
may be exercised by and for the purposes of the Audit Committee, and
8
A person is not obliged under this section to answer any question or produce any document which the person would be entitled to refuse to answer or produce in or for the purposes of proceedings in a court in England and Wales.
9
A person acting as prosecutor in criminal proceedings is not obliged under this section to answer any question or produce any document concerning the operation of the system of criminal prosecution in any particular case if the appropriate officer—
a
considers that answering the question or producing the document might prejudice criminal proceedings in the case or would otherwise be contrary to the public interest, and
b
has authorised the person to decline to answer the question or produce the document on that ground.
10
In subsection (9) “the appropriate officer” means—
a
if the proceedings were instituted by or on behalf of the Welsh Ministers, the First Minister or the Counsel General, the Counsel General, and
b
otherwise, the Attorney General.
38I34Notice
1
A requirement under section 37 is to be imposed on a person by the Clerk giving the person notice in writing specifying—
a
whether the requirement is imposed for the purposes of the F83Senedd or a specified committee or sub-committee, and
b
the matters mentioned in either paragraph (a) or paragraph (b) of subsection (2).
2
Those matters are—
a
the time and place at which the person is to attend and the particular subject concerning which the person is required to give evidence;
b
the documents, or types of documents, which the person is to produce, the date by which and person to whom they are to be produced and the particular subject concerning which they are required.
3
Notice under subsection (1) is to be given—
a
in the case of an individual, by sending it in accordance with subsection (4) addressed to the person at the person's usual or last known address or, where the person has given an address for service of the notice, at that address, or
b
in any other case, by so sending it addressed to the person at the person's registered or principal office.
4
A notice is sent in accordance with this subsection if it is sent—
a
by a registered post service (within the meaning of the Postal Services Act 2000 (c. 26)), or
b
by a postal service which provides for its delivery by post to be recorded.
5
If a direction is issued under subsection (6) of section 37 in relation to a requirement imposed under subsection (1) of that section, the person or persons by whom it is issued must give notice in writing that the direction has been issued—
a
if the requirement was imposed for the purposes of the F83Senedd , to the Presiding Officer, and
b
otherwise, to the person who chairs the committee or sub-committee for the purposes of which it was imposed.
39I35Offences
1
A person to whom a notice under section 38(1) has been given commits an offence if the person—
a
refuses or fails without reasonable excuse to attend proceedings as required by the notice,
b
refuses or fails without reasonable excuse, when attending proceedings as required by the notice, to answer any question concerning the subjects specified in the notice,
c
refuses or fails without reasonable excuse to produce any document required to be produced by the notice, or
d
intentionally alters, suppresses, conceals or destroys any such document.
2
Subsection (1) is subject to sections 34(3) and 37(5), (6), (8) and (9).
3
If a person charged with an offence under subsection (1)(a), (b) or (c) adduces evidence of a reasonable excuse for the refusal or failure, it is for the prosecution to prove that the person did not have such an excuse.
4
A person guilty of an offence under subsection (1) 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.
5
Where an offence under subsection (1) which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
a
a director, manager, secretary or other similar officer of the body corporate, or
b
any person who was purporting to act in any such capacity,
that person, as well as the body corporate, is guilty of that offence and liable to be proceeded against accordingly.
6
In subsection (5) “director”, in the case of a body corporate whose affairs are managed by its members, means a member of the body corporate.
40I36General
1
The Presiding Officer or such other person as may be authorised by the standing orders may—
a
require any person giving evidence in F83Senedd 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 F83Senedd 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 F83Senedd 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 F83Senedd proceedings for the purpose of giving evidence, or
b
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 F83Senedd 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.
Legal issues
41I37Proceedings by or against F83Seneddetc.
1
2
Proceedings by or against—
a
the Presiding Officer or Deputy Presiding Officer, or
b
a member of the staff of the F83Senedd ,
3
In any proceedings against the F83Senedd the court must not grant a mandatory, prohibiting or quashing order or an injunction, make an order for specific performance or stay the proceedings but may instead make a declaration.
4
In any proceedings against—
a
any F80Member of the Senedd ,
b
the Presiding Officer or Deputy Presiding Officer,
c
any member of the staff of the F83Senedd , or
d
the F83Senedd Commission,
5
References in this section to an order include an order which is not final.
42I38Defamation
1
For the purposes of the law of defamation—
a
any statement made in F83Senedd proceedings, and
b
the publication under the authority of the F83Senedd of any statement,
is absolutely privileged.
2
The Welsh Ministers may by regulations make provision for and in connection with establishing in any legal proceedings that any statement or publication is absolutely privileged by virtue of subsection (1).
3
No regulations are to be made under subsection (2) unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, the F83Senedd .
4
In this section “statement” has the same meaning as in the Defamation Act 1996 (c. 31).
43I39Contempt of court
1
The strict liability rule does not apply in relation to any publication—
a
made in, for the purposes of, or for purposes incidental to, F83Senedd proceedings, or
2
In subsection (1)—
“the strict liability rule”, and
“publication”,
have the same meaning as in the Contempt of Court Act 1981 (c. 49).
F1844Corrupt practices
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Words 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)