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)

VacanciesU.K.

10Constituency vacanciesU.K.

(1)This section applies if the seat of [F2a Senedd ] constituency member returned for [F2a Senedd] constituency is vacant.

(2)Subject to subsection (7), an election must be held in the [F3Senedd] constituency to fill the vacancy.

(3)At the election, each person entitled to vote only has a constituency vote; and the [F3Senedd] constituency member for the [F3Senedd] constituency is to be returned under the simple majority system.

(4)The date of the poll at the election must be fixed by the Presiding Officer.

(5)The date must fall within the period of three months beginning with the occurrence of the vacancy.

(6)But if the vacancy does not come to the Presiding Officer's notice within the period of one month beginning with its occurrence, the date must fall within the period of three months beginning when it does come to the Presiding Officer's notice.

(7)The election must not be held if it appears to the Presiding Officer that the latest date which may be fixed for the poll would fall within the period of three months ending with the day on which the poll at the next ordinary general election would be held (disregarding section 4).

(8)The standing orders must make provision for determining the date on which a vacancy occurs for the purposes of this section.

(9)A person may not be a candidate in an election to fill a vacancy if the person is—

(a)[F4a Member of the Senedd], or

(b)a candidate in another such election.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

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

11Electoral region vacanciesU.K.

(1)This section applies if the seat of [F2a Senedd] regional member returned for [F2a Senedd] electoral region is vacant.

(2)If the [F3Senedd] regional member was returned (under section 9 or this section) from the list of a registered political party, the regional returning officer must notify to the Presiding Officer the name of the person who is to fill the vacancy.

(3)A person's name may only be so notified if the person—

(a)is included on the list submitted by the registered political party for the last general election,

(b)is willing to serve as [F2a Senedd] regional member for the [F3Senedd] electoral region, and

(c)is not a person to whom subsection (4) applies.

(4)This subsection applies to a person if—

(a)the person is not a member of the registered political party, and

(b)the registered political party gives notice to the regional returning officer that the person's name is not to be notified to the Presiding Officer as the name of the person who is to fill the vacancy.

(5)But if there is more than one person who satisfies the conditions in subsection (3), the regional returning officer may only notify the name of whichever of them was the higher, or the highest, on that list.

(6)A person whose name is notified under subsection (2) is to be treated as having been declared to be returned as [F2a Senedd] regional member for the [F3Senedd] electoral region on the day on which notification of the person's name is received by the Presiding Officer.

(7)The seat remains vacant until the next general election—

(a)if the [F3Senedd] regional member was returned as an individual candidate, or

(b)if that [F3Senedd] regional member was returned from the list of a registered political party but there is no-one who satisfies the conditions in subsection (3).

(8)For the purposes of this section, a person included on the list submitted by a registered political party for the last general election who—

[F5(a)was returned as [F4a Member of the Senedd ] at that election (even if the return was void), or

(b)has subsequently been returned under section 10 or this section (even if the return was void),]

is treated on and after the return of the personF6..., as not having been included on the list.

Textual Amendments

F5S. 11(8)(a)(b) substituted for s. 11(8)(a)-(c) (17.2.2015) by Wales Act 2014 (c. 29), ss. 2(4)(a), 29(2)(a)

F6Words in s. 11(8) omitted (17.2.2015) by virtue of Wales Act 2014 (c. 29), ss. 2(4)(b), 29(2)(a)

Commencement Information

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