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Government of Wales Act 2006
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Changes to legislation:
Government of Wales Act 2006, Section 23 is up to date with all changes known to be in force on or before 11 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 23:
- s. 25(1A)(1B) inserted by 2024 asc 4 s. 4(1)(b)
- s. 25(7A) inserted by 2024 asc 4 s. 4(1)(h)
- s. 155A inserted by 2014 c. 29 s. 10
- Sch. 7A Section C15 para. 92 omitted by 2017 c. 4 s. 48(1)(a)
- Sch. 7A Section C15 para. 93 words omitted by 2017 c. 4 s. 48(1)(b)
- Sch. 7B para. 10(2)(o) inserted by 2022 c. 30 s. 143
- Sch. 7B para. 11(6)(b)(x) repealed by 2023 c. 54 Sch. 11 para. 1(b)
- Sch. 7B para. 11(6)(b)(x) word omitted by 2023 c. 54 s. 118(c)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 25(1A)(1B) inserted by 2024 asc 4 s. 4(1)(b)
- s. 25(7A) inserted by 2024 asc 4 s. 4(1)(h)
- s. 155A inserted by 2014 c. 29 s. 10
- Sch. 7A Section C15 para. 92 omitted by 2017 c. 4 s. 48(1)(a)
- Sch. 7A Section C15 para. 93 words omitted by 2017 c. 4 s. 48(1)(b)
- Sch. 7B para. 10(2)(o) inserted by 2022 c. 30 s. 143
- Sch. 7B para. 11(6)(b)(x) repealed by 2023 c. 54 Sch. 11 para. 1(b)
- Sch. 7B para. 11(6)(b)(x) word omitted by 2023 c. 54 s. 118(c)
23Oath or affirmation of allegianceU.K.
This section has no associated Explanatory Notes
(1)[F1A Member of the Senedd] must take the oath of allegiance in the form set out in section 2 of the Promissory Oaths Act 1868 (c. 72) (or make the corresponding affirmation) as soon as is reasonably practicable after being returned as [F1a Member of the Senedd] (whether for the first time or subsequently).
(2)The standing orders must specify the person before whom the oath is to be taken (or the affirmation made).
(3)Subsection (1) does not require [F1a Member of the Senedd] to take the oath of allegiance (or make the corresponding affirmation) again if it has been taken (or made) by the [F2Member of the Senedd] in compliance with section 55(2) since being returned (or last returned).
(4)Until [F1a Member of the Senedd] has taken the oath (or made the affirmation) the [F2Member of the Senedd] must not do anything as [F1a Member of the Senedd], other than—
(a)take part in proceedings of the [F3Senedd] at which [F4Members of the Senedd] take the oath or make the affirmation, or
(b)take part in any earlier proceedings for the election of the Presiding Officer or Deputy Presiding Officer.
(5)If [F1a Member of the Senedd] has not taken the oath (or made the affirmation) within—
(a)the period of two months beginning with the day on which the [F2Member of the Senedd] was declared to be returned, or
(b)such longer period as the [F3Senedd] may have allowed before the end of that period of two months,
at the end of that period of two months or longer period the [F2Member of the Senedd] ceases to be [F1a Member of the Senedd] (so that the [F5Member's] seat is vacant).
(6)Until [F1a Member of the Senedd] has taken the oath (or made the affirmation), no salary, allowance, gratuity or payment towards the provision of a pension, allowance or gratuity is to be paid under this Act to or in respect of the [F2Member of the Senedd].
(7)But subsection (6) does not affect any entitlement to payments in respect of the period before the [F2Member of the Senedd] took the oath (or made the affirmation) once the [F2Member of the Senedd] has done so.
Textual Amendments
F1Words 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))
F2Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(16) (with Sch. 1 para. 2(11)(12)(14))
F3Words 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))
F4Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(17) (with Sch. 1 para. 2(11)(12)(14))
F5Word in s. 23(5) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(5)
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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