C1Part 1F6Senedd Cymru

Annotations:
Amendments (Textual)
F6

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)

Modifications etc. (not altering text)

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 ,

to have effect with such modifications or exceptions as the F22Welsh Ministers consider appropriate in connection with the alteration of the day of the poll F9 under this section .

F145

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of F19the F12Senedd .

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

b

the resolution of the F12Senedd is passed on a vote in which the number of F17Members of the Senedd voting in favour of it is not less than two-thirds of the total number of F12Senedd seats.

3

This subsection applies if any period during which the F12Senedd is required under section 47 to nominate F16a Member of the Senedd for appointment as the First Minister ends without such a nomination being made.

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

One (referred to in this Act as a “constituency vote”) is a vote which may be given for a candidate to be the F12Senedd constituency member for the F12Senedd constituency.

3

The other (referred to in this Act as an “electoral region vote”) is a vote which may be given for—

a

a registered political party which has submitted a list of candidates to be F12Senedd regional members for the F12Senedd electoral region in which the F12Senedd constituency is included, or

b

an individual who is a candidate to be F13a Senedd regional member for that F12Senedd electoral region.

4

The F12Senedd constituency member for the F12Senedd constituency is to be returned under the simple majority system.

5

The F12Senedd regional members for the F12Senedd electoral region are to be returned under the additional member system of proportional representation provided for in this Part.

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

At a general election a person may not be a candidate to be the F12Senedd constituency member for more than one F12Senedd constituency.

2

Any registered political party may submit a list of candidates for return as F12Senedd regional members for a particular F12Senedd electoral region at a general election.

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

who is included on any other list submitted for the F12Senedd electoral region or any list submitted for another F12Senedd electoral region,

b

who is an individual candidate to be F13a Senedd regional member for the F12Senedd electoral region or another F12Senedd electoral region,

F11c

who is a candidate to be the F12Senedd constituency member for F13a Senedd constituency which is not included in the F12Senedd electoral region, or

d

who is a candidate to be the F12Senedd constituency member for F13a Senedd constituency included in the F12Senedd electoral region but is not a candidate of the party.

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

included on a list submitted by a registered political party for the F12Senedd electoral region or another F12Senedd electoral region,

b

an individual candidate to be F13a Senedd regional member for another F12Senedd electoral region,

F5c

a candidate to be the F12Senedd constituency member for F13a Senedd constituency which is not included in the F12Senedd electoral region, or

d

a candidate of any registered political party to be the F12Senedd constituency member for F13a Senedd constituency included in the F12Senedd electoral region.

7

In this Act “regional returning officer”, in relation to F13a Senedd electoral region, means the person designated as the regional returning officer for the F12Senedd electoral region in accordance with an order under section 13.

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

The person who is to be returned as the F12Senedd constituency member for each F12Senedd constituency in the F12Senedd electoral region is to be determined before it is determined who are to be returned as the F12Senedd regional members for the F12Senedd electoral region.

3

For each registered political party by which a list of candidates has been submitted for the F12Senedd electoral region—

a

there is to be added together the number of electoral region votes given for the party in the F12Senedd constituencies included in the F12Senedd electoral region, and

b

the number arrived at under paragraph (a) is then to be divided by the aggregate of one and the number of candidates of the party returned as F12Senedd constituency members for any of those F12Senedd constituencies.

4

For each individual candidate to be F13a Senedd regional member for the F12Senedd electoral region there is to be added together the number of electoral region votes given for the candidate in the F12Senedd constituencies included in the F12Senedd electoral region.

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.

Annotations:
Commencement Information
I6

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

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

An individual candidate already returned as an F23F12Senedd constituency member orF12Senedd regional member is to be disregarded.

5

Seats for the F12Senedd electoral region which are allocated to a party are to be filled by the persons on the party's list in the order in which they appear on the listF3 (disregarding anyone already returned as F13a Senedd constituency member, including anyone whose return is void).

6

Once a party's list has been exhausted F24(by the return of persons included on it as F12Senedd constituency members or by the previous application of subsection (1) or (2)) , the party is to be disregarded.

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.