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Government of Wales Act 2006
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Version Superseded: 01/11/2023
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18Effect of disqualificationU.K.
This section has no associated Explanatory Notes
[F1(A1)If a person who is disqualified from being a candidate to be a Member of the Senedd (see section 16(A1)) is nominated as a candidate at a general election of Members of the Senedd or an election to fill a vacancy under section 10, the person's nomination is void.]
(1)If a person who is disqualified from being [F2a Member of the Senedd] is returned as [F2a Member of the Senedd], the person's return is void and the person's seat is vacant.
F3(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)If a person who is [F2a Member of the Senedd] becomes disqualified—
(a)from being [F2a Member of the Senedd], F4...
F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the person ceases to be [F2a Member of the Senedd] (so that the person's seat is vacant).
(4)Subsections (1) to (3) have effect subject to any resolution of the [F5Senedd] under section 17(3).
(5)In addition, subsection (3) has effect subject to—
F6(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)section 427 of the Insolvency Act 1986 (c. 45) (bankruptcy etc.).
(6)If, in consequence of [F7the provision] mentioned in subsection (5), the seat of a person who is disqualified from being [F2a Member of the Senedd] is not vacant, the person does not cease to be [F2a Member of the Senedd] until the person's seat becomes vacant.
(7)But for any period for which the person is disqualified but the person's seat is not vacant—
(a)the person must not participate in any [F5Senedd] proceedings, and
(b)any of the person's other rights and privileges as [F2a Member of the Senedd] may be withdrawn by the [F5Senedd].
(8)The validity of any [F5Senedd] proceedings is not affected by the disqualification of any person—
(a)from being [F2a Member of the Senedd], F8...
F8(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1S. 18(A1) 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. 34(2), 42(1)(c)
F2Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(15) (with Sch. 1 para. 2(11)(12)(14))
F3S. 18(2) omitted (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 virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 34(3), 42(1)(c)
F4S. 18(3)(b) and word omitted (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 virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 34(4), 42(1)(c)
F5Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(19) (with Sch. 1 para. 2(11)-(14))
F6S. 18(5)(a) omitted (28.4.2013) by virtue of Mental Health (Discrimination) Act 2013 (c. 8), s. 4(1), Sch. para. 5(1)(a)
F7Words in s. 18(6) substituted (28.4.2013) by Mental Health (Discrimination) Act 2013 (c. 8), s. 4(1), Sch. para. 5(1)(b)
F8S. 18(8)(b) and word omitted (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 virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 34(5), 42(1)(c)
Commencement Information
I1Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))
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