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)

General electionsU.K.

3Ordinary general electionsU.K.

(1)The poll at an ordinary general election is to be held on the first Thursday in May in the [F2fifth] calendar year following that in which the previous ordinary general election was held, [F3unless—

(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.]

[F4(1A)The poll is not to be held on the same date as the date of the poll at—

(a)a parliamentary general election F5..., F6...

F6(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F7 or on the day specified by an order under subsection (1B) ], the [F8Senedd] —

(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 [F9fourteen] 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.

[F10(5)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 [F8Senedd] .]

Textual Amendments

F2Word in s. 3(1) substituted (17.2.2015) by Wales Act 2014 (c. 29), ss. 1(1), 29(2)(a)

F3Words in s. 3(1) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(2), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F4S. 3(1A)(1B) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(3), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F6S. 3(1A)(b) and word omitted (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 28 (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

F7Words in s. 3(2) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(4), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F9Word in s. 3(2)(b) substituted (coming into force in accordance with s. 42(5) of the amending Act) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 36(1)

Modifications etc. (not altering text)

C2S. 3(1) modified (15.9.2011) by Fixed-term Parliaments Act 2011 (c. 14), ss. 5(2), 7(2) (with s. 6)

C3S. 3(1) modified (17.3.2021) by Welsh Elections (Coronavirus) Act 2021 (asc 2), ss. 2(2), 6, 18 (with s. 13)

C4S. 3(2)-(4) excluded (17.3.2021) by Welsh Elections (Coronavirus) Act 2021 (asc 2), ss. 2(1), 18 (with s. 13)

Commencement Information

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

4Power to vary date of ordinary general electionU.K.

[F11(1)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.]

[F11(2)If the Presiding Officer proposes a day under subsection (1), Her Majesty may by proclamation under the Welsh Seal—

(a)dissolve the [F8Senedd],

(b)require the poll at the election to be held on the day proposed, and

(c)require the [F8Senedd] to meet within the period of [F12fourteen] days beginning immediately after the day of the poll.]

[F11(2A)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 [F13(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)[F14The 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 [F15Members of the Senedd ],

to have effect with such modifications or exceptions as the [F16Welsh Ministers consider] appropriate in connection with the alteration of the day of the poll [F17 under this section ].

F18(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of [F19the [F8Senedd]].

Textual Amendments

F11S. 4(1)-(2A) substituted for s. 4(1)(2) (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(7), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F12Word in s. 4(2)(c) substituted (coming into force in accordance with s. 42(5) of the amending Act) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 36(2)

F13Word in s. 4(3) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(8), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F14Words in s. 4(4) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(9)(a), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F16Words in s. 4(4) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(9)(b), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F17Words in s. 4(4) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(9)(c), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F18S. 4(5) omitted (1.4.2018) by virtue of Wales Act 2017 (c. 4), ss. 6(10), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F19Words in s. 4(6) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(11), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

Modifications etc. (not altering text)

C5S. 4(2)(c) excluded (17.3.2021) by Welsh Elections (Coronavirus) Act 2021 (asc 2), ss. 2(3), 18 (with s. 13)

Commencement Information

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

5Extraordinary general electionsU.K.

(1)The [F20Presiding 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 [F8Senedd] resolves that it should be dissolved, and

(b)the resolution of the [F8Senedd] is passed on a vote in which the number of [F15Members of the Senedd] voting in favour of it is not less than two-thirds of the total number of [F8Senedd] seats.

(3)This subsection applies if any period during which the [F8Senedd] is required under section 47 to nominate [F21a Member of the Senedd] for appointment as the First Minister ends without such a nomination being made.

(4)If the [F22Presiding Officer] proposes a day under subsection (1), Her Majesty may by [F23proclamation under the Welsh Seal]—

(a)dissolve the [F8Senedd] 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 [F8Senedd] to meet within the period of [F24fourteen] 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.

Textual Amendments

F20Words in s. 5(1) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(13), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F22Words in s. 5(4) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(14)(a), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F23Words in s. 5(4) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(14)(b), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F24Word in s. 5(4)(c) substituted (coming into force in accordance with s. 42(5) of the amending Act) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 36(3)

Commencement Information

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

[F256Voting at general electionsU.K.

(1)Each person entitled to vote at a general election in a Senedd constituency may give a vote for—

(a)a registered political party that has submitted a list of candidates to be Members of the Senedd for the constituency, or

(b)an individual who is a candidate (“an individual candidate”) to be a Member of the Senedd for the constituency.

(2)An order under section 13 must provide for the ballot paper used at a general election in a Senedd constituency to include the names of the candidates who stand nominated to be Members of the Senedd for the constituency.

(‍3)In this Act “registered political party” means a party registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 (c. ‍41).

Textual Amendments

7Candidates at general electionsU.K.

(1)A registered political party may submit a list of candidates to be Members of the Senedd for a particular Senedd constituency at a general election.

(2)The list must be submitted to the constituency returning officer.

(3)The list must not include more than eight people (but may include only one).

(4)The list must not include a person—

(a)who is included on another list submitted under this section (whether for the constituency or another constituency);

(b)who is an individual candidate to be a Member of the Senedd (whether for the constituency or another constituency).

(5)A person may not be an individual candidate to be a Member of the Senedd for a constituency if that person is—

(a)included on a list submitted under this section (whether for the constituency or another constituency);

(b)an individual candidate to be a Member of the Senedd for another constituency.

(6)In this Act “constituency returning officer”, in relation to a Senedd constituency, means the person designated as the returning officer for the constituency in accordance with an order under section 13 (power of the Welsh Ministers to make provision about elections etc.).

Textual Amendments

8Calculation of seat allocation figuresU.K.

(1)This section and section 9 are about the allocation, to registered political parties or individual candidates, of the seats for a Senedd constituency at a general election.

(2)For each registered political party by which a list of candidates has been submitted under section 7 (candidates at general elections) for the constituency—

(a)the votes given in the constituency for the party are to be added up, and

(b)the number arrived at under paragraph (a) is to be divided by the seat allocation divisor.

(3)On the first calculation for a party under subsection (2)(b), the seat allocation divisor for the party is one (section 9 makes provision about recalculations under that subsection with an increased divisor).

(4)For each individual candidate to be a Member of the Senedd for the constituency, the votes given in the constituency for the candidate are to be added up.

(5)The number arrived at—

(a)in the case of a registered political party, under subsection (2)(b), or

(b)in the case of an individual candidate, under subsection (4),

is referred to in section 9 as the “seat allocation figure” for that party or individual candidate.

Textual Amendments

9Allocation of seatsU.K.

(1)The first seat for a Senedd constituency is to be allocated to the registered political party or individual candidate with the highest seat allocation figure.

(2)The second and subsequent seats for the constituency are to be allocated to the party or individual candidate with the highest seat allocation figure after any recalculation required by subsection (3) has been carried out.

(3)This subsection requires a recalculation of the seat allocation figure for a registered political party—

(a)for the first application of subsection (2), if the application of subsection (1) resulted in the allocation to the party of a seat for the constituency, or

(b)for any subsequent application of subsection (2), if the previous application of that subsection resulted in the allocation to the party of a seat for the constituency,

and each recalculation is to be carried out under section 8(2)(b) after adding one to the previous seat allocation divisor for that party.

(4)An individual candidate already allocated a seat as a Member of the Senedd for the constituency is to be disregarded when applying subsection (2).

(5)Seats for the constituency that are allocated to a party are to be filled by the candidates on the party’s list in the order in which they appear on the list.

(6)Once a party’s list has been exhausted (by the application of subsection (1) or (2)), the party is to be disregarded when applying subsection (2).

(7)If, on the application of subsection (1) or on an application of subsection (2), the highest seat allocation figure is the seat allocation figure for two or more parties or individual candidates (referred to in subsection (8) as the “tied seat allocation figure”), subsection (1) or (2) (as the case may be) applies to each of them.

(8)But if subsection (7) would mean that more than the full number of seats for the constituency were allocated, subsection (1) or (2) is not to be applied until—

(a)a recalculation of the seat allocation figure for any party with the tied seat allocation figure has been carried out under section 8(2)(b) after adding one to the number arrived at under section 8(2)(a), and

(b)one has been added to the number arrived at under section 8(4) for any individual candidate with the tied seat allocation figure.

(9)If, after that, the highest seat allocation figure is still the seat allocation figure for two or more parties or individual candidates (so it is still the case that more than the full number of seats for the constituency would be allocated), the constituency returning officer must decide between them by lots.]

Textual Amendments