C1Part 1F6Senedd Cymru
Pt. 1 modified (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), ss. 13(5), 19(1)
General elections
3I1Ordinary general elections
C21
The poll at an ordinary general election is to be held on the first Thursday in May in the F10fifth calendar year following that in which the previous ordinary general election was held, F25unless—
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.
F211A
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), or
b
a European Parliamentary general election.
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).
2
If the poll is to be held on the first Thursday in May F20 or on the day specified by an order under subsection (1B) , the F12Senedd —
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 seven days beginning immediately after the day of the poll.
3
In subsection (2) “the minimum period” means the period determined in accordance with an order under section 13.
4
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.
F185
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 F12Senedd .
4I2Power to vary date of ordinary general election
F21
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.
F22
If the Presiding Officer proposes a day under subsection (1), Her Majesty may by proclamation under the Welsh Seal—
a
dissolve the F12Senedd ,
b
require the poll at the election to be held on the day proposed, and
c
require the F12Senedd to meet within the period of seven days beginning immediately after the day of the poll.
F22A
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 F4(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
F1The 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 F17Members of the Senedd ,
F145
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
5I3Extraordinary general elections
1
The F7Presiding 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 F12Senedd resolves that it should be dissolved, and
3
4
If the F15Presiding Officer proposes a day under subsection (1), Her Majesty may by F8proclamation under the Welsh Seal—
a
dissolve the F12Senedd and require an extraordinary general election to be held,
b
require the poll at the election to be held on the day proposed, and
c
require the F12Senedd to meet within the period of seven days beginning immediately after the day of the poll.
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.
6I4Voting at general elections
1
Each person entitled to vote at a general election in F13a 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).
7I5Candidates 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
F11c
6
A person may not be an individual candidate to be F13 a Senedd regional member for the F12Senedd electoral region if that person is—
a
F5c
7
8I6Calculation of electoral region figures
1
This section and section 9 are about the return of F12Senedd 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 F12Senedd 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.
9I7Allocation of seats to electoral region members
1
The first seat for the F12Senedd 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 F12Senedd 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 F13a 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 F12Senedd 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.
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)