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)

Remuneration, oaths etc.U.K.

20Remuneration of [F2Members of the Senedd ] U.K.

(1)[F3Provision must be made] for the payment of salaries to [F2Members of the Senedd].

(2)[F4Provision may be made] for the payment of allowances to [F2Members of the Senedd].

(3)[F5Provision may be made] for the payment of pensions, gratuities or allowances to, or in respect of, any person who—

(a)has ceased to be [F6a 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 [F7Senedd] as the [F7Senedd] may determine, but continues to be [F6a 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 [F7Senedd] 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.

[F8(6)Provision under this section is to be made by determination made by the Board.]

[F9(7)The [F7Senedd] 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 [F10Independent Remuneration Board of the Senedd] established by section 1 of the National [F7Senedd] for Wales (Remuneration) Measure 2010 (nawm 4 —). ]

Textual Amendments

F3Words 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)

F4Words 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)

F5Words 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)

F8S. 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)

F9S. 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)

Commencement Information

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

21Limit on salaries of [F2Members of the Senedd] U.K.

(1)The [F7Senedd] must make provision to ensure that the amount of the salary payable to [F6a Member of the Senedd] in accordance with section 20 is reduced if a salary is payable to the [F11Member of the Senedd] —

[F12(za)under section 4 of the Parliamentary Standards Act 2009 (salaries of members of the House of Commons),] [F13or]

(a)pursuant to a resolution (or combination of resolutions) of [F14the House of Lords] relating to the remuneration of members of that House, F15...

F15(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F11Member of the Senedd] as mentioned in subsection [F16(1)(za) or (a)], 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 [F7Senedd],

and may include provision conferring functions on the [F7Senedd] Commission.

Textual Amendments

F11Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(16) (with Sch. 1 para. 2(11)(12)(14))

Commencement Information

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

22Remuneration: supplementaryU.K.

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

(2)[F17The [F7Senedd] Commission] must ensure that information concerning—

(a)the amounts paid to each [F11Member of the Senedd] as salary and allowances, and

(b)the total amount paid to [F2Members of the Senedd] as salaries and allowances,

is published for each financial year F18. . . .

[F19(3)The [F7Senedd] Commission must lay before the [F7Senedd] 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 [F6a Member of the Senedd] when the [F7Senedd] is dissolved, but

(b)is nominated as a candidate at the subsequent general election,

is to be treated as [F6a 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 [F6a Member of the Senedd] when the [F7Senedd] is dissolved, but

(b)continues to hold office as Presiding Officer or as a member of the [F7Senedd] Commission by virtue of paragraph 1(1) or (2) of Schedule 2,

the fact that the person is no longer [F6a 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 [F7Senedd] 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.

Textual Amendments

F11Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(16) (with Sch. 1 para. 2(11)(12)(14))

F17Words 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)

F18Words 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)

F19S. 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)

Commencement Information

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

23Oath or affirmation of allegianceU.K.

(1)[F6A 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 [F6a 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 [F6a 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 [F11Member of the Senedd] in compliance with section 55(2) since being returned (or last returned).

(4)Until [F6a Member of the Senedd] has taken the oath (or made the affirmation) the [F11Member of the Senedd] must not do anything as [F6a Member of the Senedd], other than—

(a)take part in proceedings of the [F7Senedd] at which [F2Members 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 [F6a 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 [F11Member of the Senedd] was declared to be returned, or

(b)such longer period as the [F7Senedd] 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 [F11Member of the Senedd] ceases to be [F6a Member of the Senedd] (so that the [F20Member's] seat is vacant).

(6)Until [F6a 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 [F11Member of the Senedd].

(7)But subsection (6) does not affect any entitlement to payments in respect of the period before the [F11Member of the Senedd] took the oath (or made the affirmation) once the [F11Member of the Senedd] has done so.

Textual Amendments

F11Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(16) (with Sch. 1 para. 2(11)(12)(14))

Commencement Information

I4Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

24Assistance to groups of [F2Members of the Senedd] U.K.

(1)The [F7Senedd] Commission must make to (or in respect of) political groups to which [F2Members of the Senedd] belong such payments [F21as the Board from time to time determines] for the purpose of assisting [F2Members of the Senedd] who belong to those political groups to perform their functions as [F2Members 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 [F7Senedd] Commission.

(3)A determination under subsection (1) may make different provision for different political groups.

(4)F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The standing orders must include provision for determining for the purposes of this Act whether any [F11Member of the Senedd] belongs to a political group and, if so, to which; and (in particular)—

(a)may include provision for treating [F6a Member of the Senedd] as not belonging to a political group unless a specified number of [F2Members 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.

[F23(6)The [F7Senedd] Commission must lay before the [F7Senedd] every determination made by the Board under section 24(1) as soon as is reasonably practicable after it is made.]

[F24(7)The [F7Senedd] Commission must ensure that information concerning the sums paid under this section is published for each financial year.]

Textual Amendments

F11Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(16) (with Sch. 1 para. 2(11)(12)(14))

F21Words in s. 24(1) substituted (24.9.2010) by virtue of National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 8 (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)

F22S. 24(4) omitted (24.9.2010) by virtue of National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 9 (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)

F23S. 24(6) substituted (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 10 (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)

F24S. 24(7) inserted (24.9.2010) by National Assembly for Wales (Remuneration) Measure 2010 (nawm 4), ss. 16, 20(3)(4), Sch. 3 para. 11 (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)

Commencement Information

I5Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))