C1Part 1F4Senedd Cymru

Annotations:
Amendments (Textual)
F4

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)

Proceedings etc.

31I1Standing orders

1

F5Senedd 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 F5Senedd proceedings, including provision for—

a

preventing conduct which would constitute a criminal offence or contempt of court, and

b

a sub judice rule.

3

The standing orders may include provision for excluding F7a Member of the Senedd from F5Senedd proceedings.

4

The standing orders may include provision for withdrawing from F7a Member of the Senedd any or all of the rights and privileges of membership of the F5Senedd.

5

The standing orders—

a

must include provision requiring the proceedings of the F5Senedd to be held in public, and for proceedings of a committee of the F5Senedd or a sub-committee of such a committee to be held in public except in circumstances provided for in the standing orders, and

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

for reporting the proceedings of the F5Senedd, and for reporting proceedings of committees of the F5Senedd and sub-committees of such committees which are held in public, and

b

for publishing the reports of proceedings as soon as reasonably practicable after the proceedings take place.

7

The F5Senedd may by resolution remake or revise the standing orders; but if the motion for a resolution to remake or revise the standing orders is passed on a vote, it has no effect unless at least two-thirds of the F8Members of the Senedd voting support it.

8

The Clerk must from time to time publish the standing orders.

F332Participation by UK Ministers etc.

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

F233Consultation about UK Government's legislative programme

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

34I2Participation by Counsel General

1

If not F7a Member of the Senedd the Counsel General may participate in F5Senedd proceedings to the extent permitted by the standing orders, but may not vote.

2

And the standing orders may in other respects provide that they are to apply to the Counsel General if not F7a Member of the Senedd as to F7a Member of the Senedd.

3

The Counsel General may, in any F5Senedd 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.

Annotations:
Commencement Information
I2

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

35I3Equality of treatment

F11

The F5Senedd must, in the conduct of F5Senedd proceedings, give effect, so far as is both appropriate in the circumstances and reasonably practicable, to the principle that the English and Welsh languages should be treated on a basis of equality.

F11

The official languages of the F5Senedd are English and Welsh.

1A

The official languages must, in the conduct of F5Senedd proceedings, be treated on a basis of equality.

1B

All persons have the right to use either official language when participating in F5Senedd proceedings.

1C

Reports of F5Senedd proceedings must, in the case of proceedings which fall within section 1(5)(a) (proceedings of the F5Senedd), contain a record of what was said, in the official language in which it was said, and also a full translation into the other official language.

1D

Paragraph 8 of Schedule 2 makes provision about how the F5Senedd Commission must enable effect to be given to subsections (1) to (1C).

2

The F5Senedd must make appropriate arrangements with a view to securing that F5Senedd proceedings are conducted with due regard to the principle that there should be equality of opportunity for all people.

36I4Integrity

1

The standing orders must include provision—

a

for a register of interests of F8Members of the Senedd, and

b

for the register to be published and made available for public inspection.

2

The standing orders must require F8Members 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 F6Member 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 F5Senedd proceedings relating to that matter.

4

The standing orders may include provision for preventing or restricting the participation in any F5Senedd proceedings of F7a Member of the Senedd who has an interest within subsection (2) or (3) in any matter to which the proceedings relate.

5

The standing orders must include provision prohibiting F7a 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 F6Member 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 F5Senedd constituency members and F5Senedd regional members; and—

a

F5Senedd constituency members must not describe themselves in a manner which suggests that they are F5Senedd regional members, and

b

F5Senedd regional members must not describe themselves in a manner which suggests that they are F5Senedd constituency members.

7

F7a Member of the Senedd who—

a

takes part in F5Senedd 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 F5Senedd 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

references to F7a Member of the Senedd (apart from those in subsection (6)) include the Counsel General, if not F7a Member of the Senedd, and

b

“financial interest” includes a benefit in kind.