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Disqualification |
| Disqualification from being Assembly member. |
12. - (1) A person is disqualified from being an Assembly member if-
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(a) he is disqualified from being a member of the House of Commons under paragraphs (a) to (e) of section 1(1) of the House of Commons Disqualification Act 1975 (judges, civil servants, members of the armed forces, members of police forces and members of foreign legislatures), |
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(b) he holds any of the offices for the time being designated by Order in Council as offices disqualifying persons from being members of the Assembly, |
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(c) he holds the office of Auditor General for Wales, or |
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(d) he is disqualified from being a member of a local authority under section 19(2)(b) or 20(4) of the Local Government Finance Act 1982 (members of local authorities who are responsible for incurring or authorising unlawful expenditure or whose wilful misconduct has caused a loss or deficiency). |
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(2) Subject to section 13(1) and (2), a person is also disqualified from being an Assembly member if he is disqualified otherwise than under the House of Commons Disqualification Act 1975 (either generally or in relation to a particular constituency) from being a member of the House of Commons or from sitting and voting in it.
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(3) For the purposes of subsection (2) the references to the Republic of Ireland in section 1 of the Representation of the People Act 1981 (disqualification of offenders detained in, or unlawfully at large from, detention in the British Islands or the Republic of Ireland) shall be treated as references to any member State (other than the United Kingdom).
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(4) A person who holds office as lord-lieutenant, lieutenant or high sheriff of any area in Wales is disqualified from being an Assembly member for any Assembly constituency or Assembly electoral region wholly or partly included in that area.
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(5) No recommendation shall be made to Her Majesty in Council to make an Order in Council under subsection (1)(b) unless a draft of the statutory instrument containing the Order in Council has been laid before, and approved by a resolution of, each House of Parliament.
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(6) But subsection (5) does not apply in the case of an Order in Council varying or revoking a previous Order in Council if the Assembly has resolved that the Secretary of State be requested to recommend the making of the Order in Council.
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| Exceptions and relief from disqualification. |
13. - (1) A person is not disqualified from being an Assembly member merely because-
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(a) he is a peer (whether of the United Kingdom, Great Britain, England or Scotland), or |
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(b) he has been ordained or is a minister of any religious denomination. |
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(2) A citizen of the European Union who is resident in the United Kingdom is not disqualified from being an Assembly member merely because of section 3 of the Act of Settlement (disqualification of persons born outside the United Kingdom other than Commonwealth citizens and citizens of the Republic of Ireland).
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(3) Where a person was, or is alleged to have been, disqualified from being an Assembly member on a ground within section 12(1)(a), (b) or (c) or (4), the Assembly may resolve that any disqualification incurred by that person on that ground is to be disregarded if it appears to the Assembly-
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(a) that that ground has been removed, and |
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(b) that it is proper so to resolve. |
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(4) A resolution under subsection (3) shall not-
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(a) affect any proceedings under Part III of the Representation of the People Act 1983 as applied by, or incorporated in, an order under section 11, or |
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(b) enable the Assembly to disregard any disqualification which has been established in such proceedings or in proceedings under section 15. |
| Effect of disqualification. |
14. - (1) If a person who is disqualified from being an Assembly member, or from being an Assembly member for a particular Assembly constituency or Assembly electoral region, is returned as an Assembly member or as an Assembly member for that Assembly constituency or Assembly electoral region, his return shall be void and his seat vacant.
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(2) If an Assembly member becomes disqualified from being an Assembly member or from being an Assembly member for the Assembly constituency or Assembly electoral region for which he is sitting, he shall cease to be an Assembly member (so that his seat is vacant).
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(3) Subsections (1) and (2) have effect subject to any resolution of the Assembly under section 13(3).
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(4) The validity of any proceedings of the Assembly is not affected by the disqualification of any person from being an Assembly member or from being an Assembly member for the Assembly constituency or Assembly electoral region for which he purports to sit.
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| Judicial proceedings as to disqualification. |
15. - (1) Any person who claims that a person purporting to be an Assembly member is, or at any time since being returned as an Assembly member has been, disqualified from being-
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(a) an Assembly member, or |
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(b) an Assembly member for the Assembly constituency or Assembly electoral region for which he purports, or purported, to sit, |
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may apply to the High Court for a declaration to that effect.
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(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 he was returned or to have arisen subsequently.
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(3) No declaration shall be made under this section in respect of any person-
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(a) on grounds which subsisted when he was returned, if an election petition is pending or has been tried in which his disqualification on those grounds is or was in issue, or |
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(b) on any ground, if a resolution under section 13(3) requires that any disqualification incurred by him on that ground is to be disregarded. |
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(4) On an application under this section-
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(a) the person in respect of whom the application is made shall be the respondent, and |
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(b) the applicant shall give such security for the costs of the proceedings as the court may direct. |
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(5) The amount of the security shall not exceed £5,000 or such other sum as the Secretary of State may by order specify.
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(6) The decision of the court on an application under this section shall be final.
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Remuneration for Assembly members |
| Salaries and allowances. |
16. - (1) The Assembly shall pay to Assembly members salaries at such levels-
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(a) as the Assembly from time to time determines, or |
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(b) before the first determination, as the Secretary of State directs. |
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(2) The Assembly may pay to Assembly members allowances at such levels-
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(a) as the Assembly may from time to time determine, or |
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(b) before the first determination, as the Secretary of State may direct. |
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(3) A determination or direction under this section may provide-
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(a) for higher levels of salaries or allowances to be payable to Assembly members holding any of the offices specified in Part III of this Act or in the standing orders of the Assembly, and |
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(b) for different salaries or allowances to be payable to Assembly members holding different such offices. |
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(5) A determination under this section may provide for levels of salaries or allowances to change from time to time by reference to a specified formula.
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(6) The Assembly may not delegate the function of making a determination under this section to-
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(a) a committee of the Assembly, or |
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(b) a member of the Assembly's staff. |
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(7) A determination under this section shall not be made unless a motion to approve it is passed by the Assembly on a vote in which at least two-thirds of the Assembly members voting support the motion.
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(8) The standing orders of the Assembly must include provision for the publication of every determination under this section; and the Secretary of State shall publish any direction under this section as soon as is reasonably practicable after it is given.
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| Limit on salaries of members of other public bodies. |
17. - (1) The Secretary of State may by order make provision such as is specified in subsection (3) in relation to any Assembly members to whom relevant remuneration is payable-
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(a) pursuant to a resolution (or combination of resolutions) of either House of Parliament relating to the remuneration of members of that House, |
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(b) under section 1 of the European Parliament (Pay and Pensions) Act 1979 (remuneration of United Kingdom MEPs), or |
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(c) in respect of their membership of any other public body (whether elected or appointed) which is specified in the order. |
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(2) In this section "relevant remuneration" means-
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(b) any allowance of a description specified by order made by the Secretary of State. |
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(3) The provision referred to in subsection (1) is provision that the amount of the salary payable to an Assembly member under section 16-
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(a) shall be reduced to a specified proportion of what it otherwise would be or to a specified amount, or |
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(b) shall be reduced by the amount of the relevant remuneration payable to him as mentioned in subsection (1), by a specified proportion of that amount or by some other specified amount. |
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(4) An order under subsection (1) may make different provision in relation to Assembly members-
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(a) to whom (apart from the order) different amounts of salary would be payable under section 16, or |
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(b) to whom different amounts of relevant remuneration are payable as mentioned in subsection (1). |
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(5) Such an order may include provision that it (or a specified part of it) is not to apply to a specified Assembly member or description of Assembly members-
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(a) either indefinitely or for a specified period, and |
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(b) either unconditionally or subject to the fulfilment of specified conditions. |
| Pensions etc. |
18. - (1) The Assembly may make such provision for the payment of pensions, allowances and gratuities to or in respect of persons who have ceased to be Assembly members-
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(a) as the Assembly may from time to time determine, or |
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(b) before the first determination, as the Secretary of State may direct. |
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(2) The provision which may be made under this section includes, in particular, provision for-
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(a) the making of payments towards the provision of superannuation benefits, and |
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(b) establishing and administering one or more schemes for the provision of such benefits. |
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(3) Different provision may be made under this section for different cases.
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(4) The Assembly may not delegate the function of making a determination under this section to-
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(a) a committee of the Assembly, or |
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(b) a member of the Assembly's staff. |
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(5) A determination under this section shall not be made unless a motion to approve it is passed by the Assembly on a vote in which at least two-thirds of the Assembly members voting support the motion.
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(6) The standing orders of the Assembly must include provision for the publication of every determination under this section; and the Secretary of State shall publish any direction under this section as soon as is reasonably practicable after it is given.
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(7) A determination or direction under this section shall not affect pensions or allowances in payment before the determination was made or the direction was given.
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| Publication of information about remuneration paid. |
19. The standing orders of the Assembly must contain provision for the publication of information relating to sums paid under sections 16 and 18 for each financial year of the Assembly.
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Oath of allegiance |
| Oath or affirmation of allegiance. |
20. - (1) An Assembly member shall take the oath of allegiance set out in section 2 of the Promissory Oaths Act 1868 (or make the corresponding affirmation) as soon as may be after he is returned as an Assembly member (whether for the first time or subsequently).
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(2) The oath shall be taken (or the affirmation made) before a person appointed by the Assembly (or, until the first appointment is made by the Assembly, before a person appointed by the Secretary of State).
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(3) Until an Assembly member has taken the oath (or made the affirmation) he shall not take part in any proceedings of the Assembly (other than proceedings at which Assembly members take the oath or make the affirmation, or any earlier proceedings for the election of the presiding officer or deputy presiding officer).
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(4) If an Assembly member has not taken the oath (or made the affirmation) within-
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(a) the period of two months beginning with the day on which he was declared to be returned as an Assembly member, or |
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(b) such longer period as the Assembly may have allowed before the end of that period of two months, |
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he shall cease to be an Assembly member at the end of that period of two months or longer period.
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(5) No salary, allowance, gratuity or payment towards the provision of superannuation benefits shall be paid under this Act to or in respect of an Assembly member until he has taken the oath (or made the affirmation); but this subsection does not affect any entitlement to payments in respect of the period before he took the oath (or made the affirmation) once he has done so.
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