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(1)The first seat for the [F1Senedd ] electoral region is to be allocated to the party or individual candidate with the highest electoral region figure.
(2)The second and subsequent seats for the [F1Senedd] electoral region are to be allocated to the party or individual candidate with the highest electoral region figure after any recalculation required by subsection (3) has been carried out.
(3)This subsection requires a recalculation under paragraph (b) of section 8(3) in relation to a party—
(a)for the first application of subsection (2), if the application of subsection (1) resulted in the allocation of [F2a Senedd] seat to the party, or
(b)for any subsequent application of subsection (2), if the previous application of that subsection did so,
and a recalculation is to be carried out after adding one to the aggregate mentioned in that paragraph.
(4)An individual candidate already returned as an [F3[F1Senedd] constituency member or] [F1Senedd] regional member is to be disregarded.
(5)Seats for the [F1Senedd] electoral region which are allocated to a party are to be filled by the persons on the party's list in the order in which they appear on the list[F4 (disregarding anyone already returned as [F2a Senedd] constituency member, including anyone whose return is void)].
(6)Once a party's list has been exhausted [F5(by the return of persons included on it as [F1Senedd] constituency members or by the previous application of subsection (1) or (2)) ], the party is to be disregarded.
(7)If (on the application of subsection (1) or any application of subsection (2)) the highest electoral region figure is the electoral region figure of two or more parties or individual candidates, the subsection applies to each of them.
(8)However, if subsection (7) would mean that more than the full number of seats for the [F1Senedd] electoral region were allocated, subsection (1) or (2) does not apply until—
(a)a recalculation has been carried out under section 8(3)(b) after adding one to the number of votes given for each party with that electoral region figure, and
(b)one has been added to the number of votes given for each individual candidate with that electoral region figure.
(9)If, after that, the highest electoral region figure is still the electoral region figure of two or more parties or individual candidates, the regional returning officer must decide between them by lots.
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(19) (with Sch. 1 para. 2(11)-(14))
F2Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(18) (with Sch. 1 para. 2(11)-(14))
F3Words in s. 9(4) inserted (17.2.2015) by Wales Act 2014 (c. 29), ss. 2(3)(a), 29(2)(a)
F4Words in s. 9(5) inserted (17.2.2015) by Wales Act 2014 (c. 29), ss. 2(3)(b), 29(2)(a)
F5Words in s. 9(6) substituted (17.2.2015) by Wales Act 2014 (c. 29), ss. 2(3)(c), 29(2)(a)
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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