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)
C1Pt. 1 modified (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), ss. 13(5), 19(1)
(1)Any person who claims that a person purporting to be [F2a Member of the Senedd] is, or at any time since being returned as [F2a Member of the Senedd] has been, disqualified from being—
(a)[F2a Member of the Senedd] , F3...
F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
may apply to the High Court for a declaration to that effect.
(2)An application under subsection (1) in respect of any person may be made whether the grounds on which it is made are alleged to have subsisted at the time when the person was returned or to have arisen subsequently.
(3)No declaration may be made under this section in respect of any person—
(a)on grounds which subsisted when the person was returned, if an election petition is pending or has been tried in which the person's disqualification on those grounds is or was in issue, or
(b)on any ground, if a resolution of the [F4Senedd] under section 17(3) requires that any disqualification incurred by the person on that ground is to be disregarded.
(4)On an application under this section—
(a)the person in respect of whom the application is made is to be the respondent, and
(b)the applicant must give such security for the costs of the proceedings as the court may direct.
(5)The amount of the security may not exceed £5,000 or such other sum as the Welsh Ministers may specify by order.
(6)The decision of the court on an application under this section is final.
(7)A statutory instrument containing an order under subsection (5) is subject to annulment in pursuance of a resolution of the [F4Senedd].
Textual Amendments
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. 19(1)(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(6), 42(1)(c)
F4Words 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))
Commencement Information
I1Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))