C1Part 1F14Senedd Cymru

Annotations:
Amendments (Textual)
F14

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)

Remuneration, oaths etc.

20I1Remuneration of F20Members of the Senedd

1

F1Provision must be made for the payment of salaries to F20Members of the Senedd.

2

F2Provision may be made for the payment of allowances to F20Members of the Senedd.

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 F19a Member of the Senedd, or

b

has ceased to hold office as the Presiding Officer or Deputy Presiding Officer, or such other office in connection with the F16Senedd as the F16Senedd may determine, but continues to be F19a Member of the Senedd.

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 F16Senedd 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 F16Senedd Commission must give effect to any determination made by the Board under this section.

8

In this section (and in sections 22, 24, 53 and 54) “ the Board ” means the F13Independent Remuneration Board of the Senedd established by section 1 of the National F16Senedd for Wales (Remuneration) Measure 2010 (nawm 4 —).

Annotations:
Commencement Information
I1

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

Amendments (Textual)
F1

Words in s. 20(1) substituted (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 1 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

F2

Words in s. 20(2) substituted (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 2 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

F3

Words in s. 20(3) substituted (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 3 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

F4

S. 20(6) substituted (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 4 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

F5

S. 20(7)(8) inserted (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 5 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

F13

Words in s. 20(8) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(4)

21I2Limit on salaries of F20Members of the Senedd

1

The F16Senedd must make provision to ensure that the amount of the salary payable to F19a Member of the Senedd in accordance with section 20 is reduced if a salary is payable to the F17Member of the Senedd

F22za

under section 4 of the Parliamentary Standards Act 2009 (salaries of members of the House of Commons),

a

pursuant to a resolution (or combination of resolutions) of F18the House of Lords relating to the remuneration of members of that House, or

b

under section 1 of the European Parliament (Pay and Pensions) Act 1979 (c. 50) (remuneration of United Kingdom MEPs).

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

b

by the amount of any salary payable to the F17Member of the Senedd as mentioned in subsection F15(1)(za), (a) or (b), by a particular proportion of that amount or by some other particular amount.

3

Provision may be made under this section by—

a

the standing orders, or

b

resolutions of the F16Senedd,

and may include provision conferring functions on the F16Senedd Commission.

22I3Remuneration: supplementary

1

Different provision may be made under section 20 or 21 for different cases.

2

F6The F16Senedd Commission must ensure that information concerning—

a

the amounts paid to each F17Member of the Senedd as salary and allowances, and

b

the total amount paid to F20Members of the Senedd as salaries and allowances,

is published for each financial year F7. . . .

F83

The F16Senedd Commission must lay before the F16Senedd every determination made by the Board under section 20(6) as soon as is reasonably practicable after it is made.

4

For the purposes of sections 20 and 21 a person who—

a

ceases to be F19a Member of the Senedd when the F16Senedd is dissolved, but

b

is nominated as a candidate at the subsequent general election,

is to be treated as F19a Member of the Senedd until the end of the day on which the poll at the election is held.

5

Where a person—

a

ceases to be F19a Member of the Senedd when the F16Senedd is dissolved, but

b

continues to hold office as Presiding Officer or as a member of the F16Senedd Commission by virtue of paragraph 1(1) or (2) of Schedule 2,

the fact that the person is no longer F19a Member of the Senedd does not affect any entitlement under sections 20 and 21 in respect of the holding of office as Presiding Officer or as a member of the F16Senedd Commission (or both) until the end of the day on which the person ceases to hold it.

6

Provision made under section 20(3) does not affect pensions or allowances in payment before the provision was made.

Annotations:
Commencement Information
I3

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

Amendments (Textual)
F6

Words in s. 22(2) substituted (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 6 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

F7

Words in s. 22(2) omitted (24.9.2010) by virtue of National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 6 (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

F8

S. 22(3) substituted (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 7 (with s. 19) (the amending provision coming into force the day after notice under s. 20(3)(4) of the amending Measure was laid before the Assembly on 23.9.2010)

23I4Oath or affirmation of allegiance

1

F19A 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 F19a 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

Subsection (1) does not require F19a Member of the Senedd to take the oath of allegiance (or make the corresponding affirmation) again if it has been taken (or made) by the F17Member of the Senedd in compliance with section 55(2) since being returned (or last returned).

4

Until F19a Member of the Senedd has taken the oath (or made the affirmation) the F17Member of the Senedd must not do anything as F19a Member of the Senedd, other than—

a

take part in proceedings of the F16Senedd at which F20Members of the Senedd take the oath or make the affirmation, or

b

take part in any earlier proceedings for the election of the Presiding Officer or Deputy Presiding Officer.

5

If F19a 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 F17Member of the Senedd was declared to be returned, or

b

such longer period as the F16Senedd may have allowed before the end of that period of two months,

at the end of that period of two months or longer period the F17Member of the Senedd ceases to be F19a Member of the Senedd (so that the F21Member's seat is vacant).

6

Until F19a Member of the Senedd has taken the oath (or made the affirmation), no salary, allowance, gratuity or payment towards the provision of a pension, allowance or gratuity is to be paid under this Act to or in respect of the F17Member of the Senedd.

7

But subsection (6) does not affect any entitlement to payments in respect of the period before the F17Member of the Senedd took the oath (or made the affirmation) once the F17Member of the Senedd has done so.

24I5Assistance to groups of F20Members of the Senedd

1

The F16Senedd Commission must make to (or in respect of) political groups to which F20Members of the Senedd belong such payments F9as the Board from time to time determines for the purpose of assisting F20Members of the Senedd who belong to those political groups to perform their functions as F20Members 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 F16Senedd 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 F17Member of the Senedd belongs to a political group and, if so, to which; and (in particular)—

a

may include provision for treating F19a Member of the Senedd as not belonging to a political group unless a specified number of F20Members of the Senedd belong to it, and

b

must include provision requiring the Presiding Officer to decide any questions arising under the provision included by virtue of this subsection.

F116

The F16Senedd Commission must lay before the F16Senedd every determination made by the Board under section 24(1) as soon as is reasonably practicable after it is made.

F127

The F16Senedd Commission must ensure that information concerning the sums paid under this section is published for each financial year.