Government of Wales Bill

House of Commons

Session 1997-98
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Other Bills before Parliament
Arrangement of Clauses (Contents)

Government of Wales Bill

A
B I L L

TO
Establish and make provision about the National Assembly for Wales and the office of Auditor General for Wales; to reform certain Welsh public bodies and abolish certain other Welsh public bodies; and for connected purposes.
BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

PART I

THE NATIONAL ASSEMBLY FOR WALES

The Assembly

The Assembly.     1. - (1) There shall be an Assembly for Wales to be known as the National Assembly for Wales or Cynulliad Cenedlaethol Cymru (but referred to in this Act as the Assembly).

    (2) The Assembly shall be a body corporate.

    (3) The exercise by the Assembly of its functions is to be regarded as done on behalf of the Crown.

Membership of the Assembly

Membership.     2. - (1) The Assembly shall consist of-

(a) one member for each Assembly constituency, and

(b) members for each Assembly electoral region.

    (2) The Assembly constituencies and Assembly electoral regions, and the number of Assembly seats for each Assembly electoral region, shall be as provided for by or in accordance with Schedule 1.

    (3) Members of the Assembly (referred to in this Act as Assembly members) shall be returned in accordance with the provision made by and under this Act for-

(a) the holding of ordinary elections of Assembly members, and

(b) the filling of vacancies in Assembly seats.

    (4) An ordinary election involves the holding of elections for the return of the entire Assembly.

    (5) The term of office of an Assembly member-

(a) begins when he is declared to be returned as an Assembly member, and

(b) continues until the end of the day before the day of the poll at the next ordinary election.

    (6) But an Assembly member may at any time resign his seat by giving notice to-

(a) the presiding officer, or

(b) any person authorised by the standing orders of the Assembly to receive the notice.

    (7) The validity of proceedings of the Assembly is not affected by any vacancy in its membership.

Ordinary elections

Time of ordinary elections.     3. - (1) The poll at the first ordinary election shall be held on a day appointed by order made by the Secretary of State.

    (2) The poll at each subsequent ordinary election shall be held on the first Thursday in May in the fourth calendar year following that in which the previous ordinary election was held.

    (3) But the Secretary of State may by order require the poll at such an ordinary election to be held on a day which is neither-

(a) more than one month earlier, nor

(b) more than one month later,

than the first Thursday in May.

    (4) Where the poll at an ordinary election would be held on the same day as polls at ordinary elections of community councillors, the Secretary of State may by order provide-

(a) for the polls at ordinary elections of community councillors to be postponed, for not more than three months, to a day specified in the order, and

(b) for the day so specified to be taken to be the day of election or ordinary day of election for such purposes of the Local Government Act 1972, or of the Representation of the People Act 1983 or rules made under that Act, as may be specified in the order.

Voting at ordinary elections.     4. - (1) Each person entitled to vote at an ordinary election in an Assembly constituency shall have two votes.

    (2) One (referred to in this Act as a constituency vote) is to be given for a candidate to be the Assembly member for the Assembly constituency.

    (3) The other (referred to in this Act as an electoral region vote) is to be given for-

(a) a registered political party which has submitted a list of candidates to be Assembly members for the Assembly electoral region in which the Assembly constituency is included, or

(b) an individual who is a candidate to be an Assembly member for that Assembly electoral region.

    (4) The Assembly member for the Assembly constituency shall be returned under the simple majority system.

    (5) The Assembly members for the Assembly electoral region shall be returned under the additional member system of proportional representation in accordance with sections 5 to 7.

    (6) The person who is to be returned as the Assembly member for each Assembly constituency in the Assembly electoral region must be determined before it is determined who are to be returned as the Assembly members for that Assembly electoral region.

    (7) At an ordinary election a person may not be a candidate to be the Assembly member for more than one Assembly constituency.

    (8) In this Act "registered political party" means a party registered under any enactment providing for the registration of political parties.

Additional member system: party lists and individual candidates.     5. - (1) Any registered political party may submit a list of candidates to be Assembly members for the Assembly electoral region.

    (2) The list is to be submitted to the regional returning officer.

    (3) Not more than twelve persons may be included on the list.

    (4) The list must not include a person-

(a) who is included on any other list submitted for the Assembly electoral region or any list submitted for another Assembly electoral region,

(b) who is an individual candidate to be an Assembly member for the Assembly electoral region or another Assembly electoral region,

(c) who is a candidate to be the Assembly member for an Assembly constituency which is not included in the Assembly electoral region, or

(d) who is a candidate to be the Assembly member for an Assembly constituency included in the Assembly electoral region but is not a candidate of the party.

    (5) A person may not be an individual candidate to be an Assembly member for the Assembly electoral region if he is-

(a) included on a list submitted by a registered political party for the Assembly electoral region or another Assembly electoral region,

(b) an individual candidate to be an Assembly member for another Assembly electoral region,

(c) a candidate to be the Assembly member for an Assembly constituency which is not included in the Assembly electoral region, or

(d) a candidate of any registered political party to be the Assembly member for an Assembly constituency included in the Assembly electoral region.

Additional member system: calculation of electoral region figure.     6. - (1) For each registered political party by which a list of candidates has been submitted for the Assembly electoral region-

(a) there shall be added together the number of electoral region votes given for the party in the Assembly constituencies included in the Assembly electoral region, and

(b) the number arrived at under paragraph (a) shall then be divided by the aggregate of one and the number of candidates of the party returned as Assembly members for any of those Assembly constituencies.

    (2) For each individual candidate to be an Assembly member for the Assembly electoral region there shall be added together the number of electoral region votes given for him in the Assembly constituencies included in the Assembly electoral region.

    (3) The number arrived at-

(a) in the case of a registered political party, under subsection (1)(b), or

(b) in the case of an individual candidate, under subsection (2),

is referred to in this Act as the electoral region figure for that party or individual candidate.

Additional member system: return of members.     7. - (1) The first seat for the Assembly electoral region shall be allocated to the party or individual candidate with the highest electoral region figure.

    (2) The second and subsequent seats for the Assembly electoral region shall 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 section 6(1)(b) in relation to a party-

(a) for the first application of subsection (2), if the application of subsection (1) resulted in the allocation of a 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 shall be carried out after adding one to the aggregate mentioned in section 6(1)(b).

    (4) An individual candidate already returned as an Assembly member shall be disregarded.

    (5) Seats for the Assembly electoral region which are allocated to a party shall be filled by the persons on the party's list in the order in which they appear on the list, except that any candidate already returned as the Assembly member for an Assembly constituency shall be disregarded.

    (6) Once a party's list has been exhausted (by the return of persons included on it as Assembly members for Assembly constituencies or by the previous application of subsection (1) or (2)) the party shall 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 shall apply to each of them.

    (8) However, where subsection (7) would mean that more than the full number of seats for the Assembly electoral region were allocated, subsection (1) or (2) shall not apply until-

(a) a recalculation has been carried out under section 6(1)(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 shall decide between them by lots.

Vacancies

Vacancies in Assembly constituency seats.     8. - (1) This section applies where the seat of an Assembly member returned for an Assembly constituency is vacant.

    (2) Subject to subsection (6), an election shall be held in the Assembly constituency to fill the vacancy.

    (3) At the election to fill the vacancy, each person entitled to vote at the election shall have only a constituency vote; and the Assembly member for the Assembly constituency shall be returned under the simple majority system.

    (4) The date of the poll at the election shall be fixed by the presiding officer in accordance with subsection (5).

    (5) The date fixed shall be not later than three months after the occurrence of the vacancy, except that if the vacancy does not come to the presiding officer's notice within one month of its occurrence the date fixed shall be not later than three months after the vacancy comes to his notice.

    (6) An election shall not be held if it appears to the presiding officer that the latest date which may be fixed for the poll would fall within the period of three months preceding an ordinary election.

    (7) A person may not be a candidate in an election to fill a vacancy if he is an Assembly member or a candidate in another such election.

    (8) For the purposes of this section a vacancy shall be taken to have occurred on such date as may be determined under the standing orders of the Assembly.

    (9) References in this section to the presiding officer include references to any person for the time being performing the functions of presiding officer.

Vacancies in Assembly electoral region seats.     9. - (1) This section applies where the seat of an Assembly member returned for an Assembly electoral region is vacant.

    (2) If the Assembly member was returned (under section 7 or this section) from the list of a registered political party, the regional returning officer shall notify to the presiding officer the name of the person who is to fill the vacancy.

    (3) A person's name may only be so notified if he-

(a) was included on that list,

(b) is not already an Assembly member, and

(c) is willing to serve as an Assembly member for the Assembly electoral region.

    (4) But where there is more than one person who satisfies the conditions in subsection (3), the regional returning officer may only notify the name of whichever of them was the higher, or highest, on that list.

    (5) A person whose name is notified under subsection (2) shall be treated as declared to be returned as an Assembly member for the Assembly electoral region on the day on which notification of his name is received by the presiding officer.

    (6) If-

(a) the Assembly member whose seat is vacant was returned as an individual candidate, or

(b) he was returned from the list of a registered political party but there is no-one who satisfies the conditions in subsection (3),

the seat shall remain vacant until the next ordinary election.

    (7) References in this section to the presiding officer include references to any person for the time being performing the functions of presiding officer.

The franchise and conduct of elections

Entitlement to vote.     10. - (1) The persons entitled to vote at an election of Assembly members (or of an Assembly member) in an Assembly constituency are those who-

(a) would be entitled to vote as electors at a local government election in an electoral area wholly or partly included in the Assembly constituency, and

(b) are registered in the register of local government electors at an address within the Assembly constituency.

    (2) But a person is not entitled as an elector-

(a) to cast more than one constituency vote, or more than one electoral region vote, in the same Assembly constituency at any ordinary election,

(b) to vote in more than one Assembly constituency at any ordinary election, or

(c) to cast more than one vote in an election held under section 8.

Power to make provision about elections etc.     11. - (1) The Secretary of State may by order make provision as to-

(a) the conduct of elections for the return of Assembly members,

(b) the questioning of an election for the return of Assembly members and the consequences of irregularities, and

(c) the return of an Assembly member otherwise than at an election.

    (2) The provision which may be made under subsection (1)(a) includes, in particular, provision-

(a) about the registration of electors,

(b) for disregarding alterations in a register of electors,

(c) about the limitation of the election expenses of candidates and registered political parties,

(d) for the combination of polls at elections for the return of Assembly members and other elections, and

(e) for modifying the operation of section 4 in a case where the poll at an election for the return of the Assembly member for an Assembly constituency is abandoned (or notice of it is countermanded).

    (3) An order under this section may-

(a) apply or incorporate, with or without modifications or exceptions, any provision of, or made under, the Representation of the People Acts or the European Parliamentary Elections Act 1978 or any other enactment relating to parliamentary elections, European Parliamentary elections or local government elections,

(b) modify any form contained in, or in regulations or rules made under, the Representation of the People Acts so far as may be necessary to enable it to be used both for the original purpose and in relation to elections for the return of Assembly members, and

(c) so far as may be necessary in consequence of any provision made by this Act or an order under this section, amend any provision made by or under any enactment relating to the registration of parliamentary electors or local government electors.

    (4) An order under this section may require sums to be paid by the Assembly.

    (5) No return of an Assembly member at an election shall be questioned except under the provisions of Part III of the Representation of the People Act 1983 as applied by or incorporated in an order under this section.

    (6) In this Act "regional returning officer", in relation to any Assembly electoral region, means the person designated as the regional returning officer for the Assembly electoral region in accordance with an order under this section.

© Parliamentary copyright 1997
Prepared 27 November 1997

Government of Wales Bill

	A B I L L TO Establish and make provision about the National Assembly for Wales and the office of Auditor General for Wales; to reform certain Welsh public bodies and abolish certain other Welsh public bodies; and for connected purposes. BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-
	PART I
	THE NATIONAL ASSEMBLY FOR WALES
	The Assembly
The Assembly.	1. - (1) There shall be an Assembly for Wales to be known as the National Assembly for Wales or Cynulliad Cenedlaethol Cymru (but referred to in this Act as the Assembly).
	(2) The Assembly shall be a body corporate.
	(3) The exercise by the Assembly of its functions is to be regarded as done on behalf of the Crown.
	Membership of the Assembly
Membership.	2. - (1) The Assembly shall consist of-
	(a) one member for each Assembly constituency, and
	(b) members for each Assembly electoral region.
	(2) The Assembly constituencies and Assembly electoral regions, and the number of Assembly seats for each Assembly electoral region, shall be as provided for by or in accordance with Schedule 1.
	(3) Members of the Assembly (referred to in this Act as Assembly members) shall be returned in accordance with the provision made by and under this Act for-
	(a) the holding of ordinary elections of Assembly members, and
	(b) the filling of vacancies in Assembly seats.
	(4) An ordinary election involves the holding of elections for the return of the entire Assembly.
	(5) The term of office of an Assembly member-
	(a) begins when he is declared to be returned as an Assembly member, and
	(b) continues until the end of the day before the day of the poll at the next ordinary election.
	(6) But an Assembly member may at any time resign his seat by giving notice to-
	(a) the presiding officer, or
	(b) any person authorised by the standing orders of the Assembly to receive the notice.
	(7) The validity of proceedings of the Assembly is not affected by any vacancy in its membership.
	Ordinary elections
Time of ordinary elections.	3. - (1) The poll at the first ordinary election shall be held on a day appointed by order made by the Secretary of State.
	(2) The poll at each subsequent ordinary election shall be held on the first Thursday in May in the fourth calendar year following that in which the previous ordinary election was held.
	(3) But the Secretary of State may by order require the poll at such an ordinary election to be held on a day which is neither-
	(a) more than one month earlier, nor
	(b) more than one month later,
	than the first Thursday in May.
	(4) Where the poll at an ordinary election would be held on the same day as polls at ordinary elections of community councillors, the Secretary of State may by order provide-
	(a) for the polls at ordinary elections of community councillors to be postponed, for not more than three months, to a day specified in the order, and
	(b) for the day so specified to be taken to be the day of election or ordinary day of election for such purposes of the Local Government Act 1972, or of the Representation of the People Act 1983 or rules made under that Act, as may be specified in the order.
Voting at ordinary elections.	4. - (1) Each person entitled to vote at an ordinary election in an Assembly constituency shall have two votes.
	(2) One (referred to in this Act as a constituency vote) is to be given for a candidate to be the Assembly member for the Assembly constituency.
	(3) The other (referred to in this Act as an electoral region vote) is to be given for-
	(a) a registered political party which has submitted a list of candidates to be Assembly members for the Assembly electoral region in which the Assembly constituency is included, or
	(b) an individual who is a candidate to be an Assembly member for that Assembly electoral region.
	(4) The Assembly member for the Assembly constituency shall be returned under the simple majority system.
	(5) The Assembly members for the Assembly electoral region shall be returned under the additional member system of proportional representation in accordance with sections 5 to 7.
	(6) The person who is to be returned as the Assembly member for each Assembly constituency in the Assembly electoral region must be determined before it is determined who are to be returned as the Assembly members for that Assembly electoral region.
	(7) At an ordinary election a person may not be a candidate to be the Assembly member for more than one Assembly constituency.
	(8) In this Act "registered political party" means a party registered under any enactment providing for the registration of political parties.
Additional member system: party lists and individual candidates.	5. - (1) Any registered political party may submit a list of candidates to be Assembly members for the Assembly electoral region.
	(2) The list is to be submitted to the regional returning officer.
	(3) Not more than twelve persons may be included on the list.
	(4) The list must not include a person-
	(a) who is included on any other list submitted for the Assembly electoral region or any list submitted for another Assembly electoral region,
	(b) who is an individual candidate to be an Assembly member for the Assembly electoral region or another Assembly electoral region,
	(c) who is a candidate to be the Assembly member for an Assembly constituency which is not included in the Assembly electoral region, or
	(d) who is a candidate to be the Assembly member for an Assembly constituency included in the Assembly electoral region but is not a candidate of the party.
	(5) A person may not be an individual candidate to be an Assembly member for the Assembly electoral region if he is-
	(a) included on a list submitted by a registered political party for the Assembly electoral region or another Assembly electoral region,
	(b) an individual candidate to be an Assembly member for another Assembly electoral region,
	(c) a candidate to be the Assembly member for an Assembly constituency which is not included in the Assembly electoral region, or
	(d) a candidate of any registered political party to be the Assembly member for an Assembly constituency included in the Assembly electoral region.
Additional member system: calculation of electoral region figure.	6. - (1) For each registered political party by which a list of candidates has been submitted for the Assembly electoral region-
	(a) there shall be added together the number of electoral region votes given for the party in the Assembly constituencies included in the Assembly electoral region, and
	(b) the number arrived at under paragraph (a) shall then be divided by the aggregate of one and the number of candidates of the party returned as Assembly members for any of those Assembly constituencies.
	(2) For each individual candidate to be an Assembly member for the Assembly electoral region there shall be added together the number of electoral region votes given for him in the Assembly constituencies included in the Assembly electoral region.
	(3) The number arrived at-
	(a) in the case of a registered political party, under subsection (1)(b), or
	(b) in the case of an individual candidate, under subsection (2),
	is referred to in this Act as the electoral region figure for that party or individual candidate.
Additional member system: return of members.	7. - (1) The first seat for the Assembly electoral region shall be allocated to the party or individual candidate with the highest electoral region figure.
	(2) The second and subsequent seats for the Assembly electoral region shall 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 section 6(1)(b) in relation to a party-
	(a) for the first application of subsection (2), if the application of subsection (1) resulted in the allocation of a 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 shall be carried out after adding one to the aggregate mentioned in section 6(1)(b).
	(4) An individual candidate already returned as an Assembly member shall be disregarded.
	(5) Seats for the Assembly electoral region which are allocated to a party shall be filled by the persons on the party's list in the order in which they appear on the list, except that any candidate already returned as the Assembly member for an Assembly constituency shall be disregarded.
	(6) Once a party's list has been exhausted (by the return of persons included on it as Assembly members for Assembly constituencies or by the previous application of subsection (1) or (2)) the party shall 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 shall apply to each of them.
	(8) However, where subsection (7) would mean that more than the full number of seats for the Assembly electoral region were allocated, subsection (1) or (2) shall not apply until-
	(a) a recalculation has been carried out under section 6(1)(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 shall decide between them by lots.
	Vacancies
Vacancies in Assembly constituency seats.	8. - (1) This section applies where the seat of an Assembly member returned for an Assembly constituency is vacant.
	(2) Subject to subsection (6), an election shall be held in the Assembly constituency to fill the vacancy.
	(3) At the election to fill the vacancy, each person entitled to vote at the election shall have only a constituency vote; and the Assembly member for the Assembly constituency shall be returned under the simple majority system.
	(4) The date of the poll at the election shall be fixed by the presiding officer in accordance with subsection (5).
	(5) The date fixed shall be not later than three months after the occurrence of the vacancy, except that if the vacancy does not come to the presiding officer's notice within one month of its occurrence the date fixed shall be not later than three months after the vacancy comes to his notice.
	(6) An election shall not be held if it appears to the presiding officer that the latest date which may be fixed for the poll would fall within the period of three months preceding an ordinary election.
	(7) A person may not be a candidate in an election to fill a vacancy if he is an Assembly member or a candidate in another such election.
	(8) For the purposes of this section a vacancy shall be taken to have occurred on such date as may be determined under the standing orders of the Assembly.
	(9) References in this section to the presiding officer include references to any person for the time being performing the functions of presiding officer.
Vacancies in Assembly electoral region seats.	9. - (1) This section applies where the seat of an Assembly member returned for an Assembly electoral region is vacant.
	(2) If the Assembly member was returned (under section 7 or this section) from the list of a registered political party, the regional returning officer shall notify to the presiding officer the name of the person who is to fill the vacancy.
	(3) A person's name may only be so notified if he-
	(a) was included on that list,
	(b) is not already an Assembly member, and
	(c) is willing to serve as an Assembly member for the Assembly electoral region.
	(4) But where there is more than one person who satisfies the conditions in subsection (3), the regional returning officer may only notify the name of whichever of them was the higher, or highest, on that list.
	(5) A person whose name is notified under subsection (2) shall be treated as declared to be returned as an Assembly member for the Assembly electoral region on the day on which notification of his name is received by the presiding officer.
	(6) If-
	(a) the Assembly member whose seat is vacant was returned as an individual candidate, or
	(b) he was returned from the list of a registered political party but there is no-one who satisfies the conditions in subsection (3),
	the seat shall remain vacant until the next ordinary election.
	(7) References in this section to the presiding officer include references to any person for the time being performing the functions of presiding officer.
	The franchise and conduct of elections
Entitlement to vote.	10. - (1) The persons entitled to vote at an election of Assembly members (or of an Assembly member) in an Assembly constituency are those who-
	(a) would be entitled to vote as electors at a local government election in an electoral area wholly or partly included in the Assembly constituency, and
	(b) are registered in the register of local government electors at an address within the Assembly constituency.
	(2) But a person is not entitled as an elector-
	(a) to cast more than one constituency vote, or more than one electoral region vote, in the same Assembly constituency at any ordinary election,
	(b) to vote in more than one Assembly constituency at any ordinary election, or
	(c) to cast more than one vote in an election held under section 8.
Power to make provision about elections etc.	11. - (1) The Secretary of State may by order make provision as to-
	(a) the conduct of elections for the return of Assembly members,
	(b) the questioning of an election for the return of Assembly members and the consequences of irregularities, and
	(c) the return of an Assembly member otherwise than at an election.
	(2) The provision which may be made under subsection (1)(a) includes, in particular, provision-
	(a) about the registration of electors,
	(b) for disregarding alterations in a register of electors,
	(c) about the limitation of the election expenses of candidates and registered political parties,
	(d) for the combination of polls at elections for the return of Assembly members and other elections, and
	(e) for modifying the operation of section 4 in a case where the poll at an election for the return of the Assembly member for an Assembly constituency is abandoned (or notice of it is countermanded).
	(3) An order under this section may-
	(a) apply or incorporate, with or without modifications or exceptions, any provision of, or made under, the Representation of the People Acts or the European Parliamentary Elections Act 1978 or any other enactment relating to parliamentary elections, European Parliamentary elections or local government elections,
	(b) modify any form contained in, or in regulations or rules made under, the Representation of the People Acts so far as may be necessary to enable it to be used both for the original purpose and in relation to elections for the return of Assembly members, and
	(c) so far as may be necessary in consequence of any provision made by this Act or an order under this section, amend any provision made by or under any enactment relating to the registration of parliamentary electors or local government electors.
	(4) An order under this section may require sums to be paid by the Assembly.
	(5) No return of an Assembly member at an election shall be questioned except under the provisions of Part III of the Representation of the People Act 1983 as applied by or incorporated in an order under this section.
	(6) In this Act "regional returning officer", in relation to any Assembly electoral region, means the person designated as the regional returning officer for the Assembly electoral region in accordance with an order under this section.