[F117FException from disqualification by virtue of being a councillor: general election of Members of the Senedd within 372 daysU.K.
(1)This section applies if—
(a)a Member of the Senedd is returned as a member of the council of a county or county borough in Wales, and
(b)the expected day of the next general election of Members of the Senedd 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)(zc) (disqualification by virtue of being a member of the council of a county or county borough in Wales) 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 Members of the Senedd.
(3)For the purposes of subsection (1)(b) the expected day of the next general election of Members of the Senedd 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 3(1A) prevents the poll at the next ordinary general election being held on the day specified in section 3(1)—
(a)if an order under section 3(1B) has been made, the expected day is the day on which the poll is required to be held in accordance with section 3(1B);
(b)if no order under section 3(1B) has been made, the expected day is the day on which the poll would be held in accordance with section 3(1) if section 3(1A) were disregarded.
(5)Where, at the relevant time, the Presiding Officer has proposed a day for the holding of the poll at the next ordinary general election under section 4(1)—
(a)if a proclamation under section 4(2) has been issued, the expected day is the day on which the poll is required to be held in accordance with that proclamation;
(b)if no proclamation under section 4(2) has been issued, the expected day is the day proposed under section 4(1).
(6)Where, at the relevant time, section 5(2) or (3) (extraordinary general elections) applies—
(a)if a proclamation under section 5(4) has been issued, the expected day is the day on which the poll is required to be held in accordance with that proclamation;
(b)if no proclamation under section 5(4) has been issued 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).
(7)For the purpose of determining the expected day, no account is to be taken of the possibility of—
(a)a day being proposed under section 4(1) (power to vary date of ordinary general election) after the relevant time, or
(b)section 5(2) or (3) (extraordinary general elections) first applying after that time.]
Textual Amendments
F1Ss. 17D-17F inserted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 33, 42(1)(c)