C1Part 1National Assembly for Wales
Disqualification
17BF1Exception from disqualification by virtue of being an MP: general election of Assembly members within 372 days
1
This section applies if—
a
an Assembly member is returned as a member of the House of Commons, and
b
the expected day of the next general election of Assembly members is within the period of 372 days beginning with the day the person is so returned (“the return day”).
2
The member is not disqualified under section 16(1)(za) (disqualification by virtue of being an MP) at any time in the period—
a
beginning with the return day, and
b
ending immediately before the day of the next general election of Assembly members.
3
For the purposes of subsection (1)(b) the expected day of the next general election of Assembly members is to be determined by reference to the circumstances as at the beginning of the return day (“ the relevant time ”).
4
Where, at the relevant time, section 5(2) or (3) (extraordinary general elections) applies—
a
if an Order in Council under section 5(4) has been made, the expected day is the day on which the poll is required to be held in accordance with that Order;
b
if no Order in Council under section 5(4) has been made but a day has been proposed under section 5(1), that is the expected day;
c
otherwise, the expected day is to be treated as being within the period mentioned in subsection (1)(b).
5
For the purpose of determining the expected day, no account is to be taken of the possibility of—
a
an order under section 4 (power to vary date of ordinary general election) being made after the relevant time, or
b
section 5(2) or (3) (extraordinary general elections) first applying after that time.
6
References in this section to the “day” of the election are to the day on which the poll at the election is held.
Pt. 1 modified (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), ss. 13(5), 19(1)