Government of Wales Act 2006

23 Oath or affirmation of allegiance U.K.

(1) [F1 A 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 [F1 a 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 [F1 a 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 [F2 Member of the Senedd] in compliance with section 55(2) since being returned (or last returned).

(4) Until [F1 a Member of the Senedd] has taken the oath (or made the affirmation) the [F2 Member of the Senedd] must not do anything as [F1 a Member of the Senedd], other than—

(a) take part in proceedings of the [F3 Senedd] at which [F4 Members 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 [F1 a 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 [F2 Member of the Senedd] was declared to be returned, or

(b) such longer period as the [F3 Senedd] 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 [F2 Member of the Senedd] ceases to be [F1 a Member of the Senedd] (so that the [F5 Member's] seat is vacant).

(6) Until [F1 a 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 [F2 Member of the Senedd].

(7) But subsection (6) does not affect any entitlement to payments in respect of the period before the [F2 Member of the Senedd] took the oath (or made the affirmation) once the [F2 Member of the Senedd] has done so.

Textual Amendments

F1 Words 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))

F2 Words 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))

F3 Words 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))

F4 Words 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))

F5 Word 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

I1 Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))