Government of Wales Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Government of Wales Bill

Government of Wales Bill
Part 1 — National Assembly for Wales
8

(a)
was returned as an Assembly regional member under section 9 at that
election (even if the return was void),
(b)
has subsequently been a candidate in an election held under section 10
(whether or not returned), or
(c)
has subsequently been returned under this section (even if the return
5
was void),

is treated on and after the return of the person, or of the successful candidate
at the election, as not having been included on the list.
Franchise and conduct of elections
12
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 on the day of
the poll—
(a)
would be entitled to vote as electors at a local government election in
an electoral area wholly or partly included in the Assembly
15
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
20
region vote, in the same Assembly constituency at any general election,
(b)
to vote in more than one Assembly constituency at any general election,
or
(c)
to cast more than one vote in any election held under section 10.
13
Power to make provision about elections etc.
25
(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.
30
(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 the
35
creation of criminal offences in connection with the limitation of such
expenses),
(d)
for the combination of polls at elections for the return of Assembly
members and other elections, and
(e)
for modifying the operation of sections 6 and 8(2) in a case where the
40
poll at an election for the return of the Assembly constituency member
for an Assembly constituency is abandoned (or notice of it is
countermanded).
(3)
The provision that may be made under subsection (1)(c) includes, in particular,
provision making modifications to section 11(3) to (5).
45

Government of Wales Bill
Part 1 — National Assembly for Wales
9

(4)
An order under this section may—
(a)
apply or incorporate, with or without modifications or exceptions, any
provision of, or made under the election enactments,
(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
5
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, make modifications of any
provision made by or under any enactment relating to the registration
10
of parliamentary electors or local government electors.
(5)
In subsection (4)(a) “the election enactments” means—
(a)
the Representation of the People Acts,
(b)
the Political Parties, Elections and Referendums Act 2000 (c. 41),
(c)
the European Parliamentary Elections Act 2002 (c. 24), and
15
(d)
any other enactments relating to parliamentary elections, European
Parliamentary elections or local government elections.
(6)
No return of an Assembly member at an election may be questioned except by
an election petition under the provisions of Part 3 of the Representation of the
People Act 1983 (c. 2) as applied by or incorporated in an order under this
20
section.
(7)
No order is to be made under this section unless a draft of the statutory
instrument containing it has been laid before, and approved by a resolution of,
each House of Parliament.
Duration of membership
25
14
Term of office of Assembly members
The term of office of an Assembly member—
(a)
begins when the Assembly member is declared to be returned, and
(b)
ends with the dissolution of the Assembly.
15
Resignation of members
30
An Assembly member may at any time resign by giving notice in writing to the
Presiding Officer.
Disqualification
16
Disqualification from being Assembly member
(1)
A person is disqualified from being an Assembly member if that person—
35
(a)
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 (c. 24) (judges, civil servants, members of the
armed forces, members of police forces and members of foreign
legislatures),
40

Government of Wales Bill
Part 1 — National Assembly for Wales
10

(b)
holds any of the offices for the time being designated by Order in
Council as offices disqualifying persons from being Assembly
members,
(c)
holds the office of Auditor General,
(d)
holds the office of Public Services Ombudsman for Wales, or
5
(e)
is employed as a member of the staff of the Assembly.
(2)
Subject to section 17(1) and (2), a person is also disqualified from being an
Assembly member if that person is disqualified otherwise than under the
House of Commons Disqualification Act 1975 (c. 24) (either generally or in
relation to a particular constituency) from being a member of the House of
10
Commons or from sitting and voting in it.
(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 (c. 34) (disqualification
of offenders detained in, or unlawfully at large from detention in, the British
Islands or the Republic of Ireland) are to be treated as references to any
15
member State (other than the United Kingdom).
(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.
20
(5)
An Order in Council under paragraph (b) of subsection (1)—
(a)
may designate particular offices or offices of any description, and
(b)
may designate an office by reference to any characteristic of a person
holding it,

and in that paragraph and this subsection “office” includes any post or
25
employment.
(6)
No recommendation is to 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, the Assembly.
30
17
Exceptions and relief from disqualification
(1)
A person is not disqualified from being an Assembly member merely because
that person is—
(a)
a peer (whether of the United Kingdom, Great Britain, England or
Scotland), or
35
(b)
a Lord Spiritual.
(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 (1700 c. 2) (disqualification of persons born outside the
United Kingdom other than Commonwealth citizens and citizens of the
40
Republic of Ireland).
(3)
The Assembly may resolve that the disqualification of any person who was, or
is alleged to have been, disqualified from being an Assembly member on a
ground within section 16 (1) or (4) is to be disregarded if it appears to the
Assembly—
45
(a)
that the ground has been removed, and
(b)
that it is proper so to resolve.

Government of Wales Bill
Part 1 — National Assembly for Wales
11

(4)
A resolution under subsection (3) does not—
(a)
affect any proceedings under Part 3 of the Representation of the People
Act 1983 (c. 2) as applied by or incorporated in an order under section
13, or
(b)
enable the Assembly to disregard any disqualification which has been
5
established in such proceedings or in proceedings under section 19.
18
Effect of disqualification
(1)
If a person who is disqualified from being an Assembly member is returned as
an Assembly member, the person’s return is void and the person’s seat is
vacant.
10
(2)
If a person who is disqualified from being an Assembly member for a
particular Assembly constituency or Assembly electoral region is returned as
an Assembly member for that Assembly constituency or Assembly electoral
region, the person’s return is void and the person’s seat is vacant.
(3)
If a person who is an Assembly member becomes disqualified—
15
(a)
from being an Assembly member, or
(b)
from being an Assembly member for the Assembly constituency or
Assembly electoral region for which the person is sitting,

the person ceases to be an Assembly member (so that the person’s seat is
vacant).
20
(4)
Subsections (1) to (3) have effect subject to any resolution of the Assembly
under section 17 (3).
(5)
In addition, subsection (3) has effect subject to—
(a)
section 141 of the Mental Health Act 1983 (c. 20) (mental illness), and
(b)
section 427 of the Insolvency Act 1986 (c. 45) (bankruptcy etc.).
25
(6)
If, in consequence of a provision mentioned in subsection (5), the seat of a
person who is disqualified from being an Assembly member is not vacant, the
person does not cease to be an Assembly member until the person’s seat
becomes vacant.
(7)
But for any period for which the person is disqualified but the person’s seat is
30
not vacant—
(a)
the person must not participate in any Assembly proceedings, and
(b)
any of the person’s other rights and privileges as an Assembly member
may be withdrawn by the Assembly.
(8)
The validity of any Assembly proceedings is not affected by the
35
disqualification of any person—
(a)
from being an Assembly member, or
(b)
from being an Assembly member for the Assembly constituency or
Assembly electoral region for which the person purports to sit.
19
Judicial proceedings as to disqualification
40
(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—
(a)
an Assembly member, or

Government of Wales Bill
Part 1 — National Assembly for Wales
12

(b)
an Assembly member for the Assembly constituency or Assembly
electoral region for which the person purports to sit,

may apply to the High Court for a declaration to that effect.
(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
5
time when the person was returned or to have arisen subsequently.
(3)
No declaration may be made under this section in respect of any person—
(a)
on grounds which subsisted when the person was returned, if an
election petition is pending or has been tried in which the person’s
disqualification on those grounds is or was in issue, or
10
(b)
on any ground, if a resolution of the Assembly under section 17 (3)
requires that any disqualification incurred by the person on that
ground is to be disregarded.
(4)
On an application under this section—
(a)
the person in respect of whom the application is made is to be the
15
respondent, and
(b)
the applicant must give such security for the costs of the proceedings as
the court may direct.
(5)
The amount of the security may not exceed £5,000 or such other sum as the
Welsh Ministers may specify by order.
20
(6)
The decision of the court on an application under this section is final.
(7)
A statutory instrument containing an order under subsection (5) is subject to
annulment in pursuance of a resolution of the Assembly.
Remuneration, oaths etc.
20
Remuneration of Assembly members
25
(1)
The Assembly must make provision for the payment of salaries to Assembly
members.
(2)
The Assembly may make provision for the payment of allowances to Assembly
members.
(3)
The Assembly may make provision for the payment of pensions, gratuities or
30
allowances to, or in respect of, any person who—
(a)
has ceased to be an Assembly member, or
(b)
has ceased to hold office as the Presiding Officer or Deputy Presiding
Officer, or such other office in connection with the Assembly as the
Assembly may determine, but continues to be an Assembly member.
35
(4)
Such provision may, in particular, include provision for—
(a)
contributions or payments towards provision for such pensions,
gratuities or allowances, and
(b)
the establishment and administration (whether by the Assembly
Commission or otherwise) of one or more pension schemes.
40
(5)
Sums required for the making of payments by virtue of provision under
subsection (1) or (3) to or in respect of a person who holds or has held the office

Government of Wales Bill
Part 1 — National Assembly for Wales
13

of Presiding Officer or Deputy Presiding Officer are to be charged on the Welsh
Consolidated Fund.
(6)
Provision under this section may be made by—
(a)
the standing orders, or
(b)
resolutions of the Assembly,
5

and may include provision conferring functions on the Assembly Commission.
21
Limit on salaries of Assembly members
(1)
The Assembly must make provision to ensure that the amount of the salary
payable to an Assembly member in accordance with section 20 is reduced if a
salary is payable to the Assembly member—
10
(a)
pursuant to a resolution (or combination of resolutions) of either House
of Parliament relating to the remuneration of members of that House,
or
(b)
under section 1 of the European Parliament (Pay and Pensions) Act
1979 (c. 50) (remuneration of United Kingdom MEPs).
15
(2)
The provision made must ensure that the amount of salary is reduced—
(a)
to a particular proportion of what it otherwise would be or to a
particular amount, or
(b)
by the amount of any salary payable to the Assembly member as
mentioned in subsection (1)(a) or (b), by a particular proportion of that
20
amount or by some other particular amount.
(3)
Provision may be made under this section by—
(a)
the standing orders, or
(b)
resolutions of the Assembly,

and may include provision conferring functions on the Assembly Commission.
25
22
Remuneration: supplementary
(1)
Different provision may be made under section 20 or 21 for different cases.
(2)
The Assembly must ensure that information concerning—
(a)
the amounts paid to each Assembly member as salary and allowances,
and
30
(b)
the total amount paid to Assembly members as salaries and allowances,

is published for each financial year (and may, in particular, do so by requiring
it to be published by the Assembly Commission).
(3)
If the Assembly has exercised the power under section 20 to confer on the
Assembly Commission the function of determining any salaries, allowances,
35
pensions or gratuities of the kind mentioned in that section, the Assembly
Commission must publish every such determination as soon as is reasonably
practicable after it is made.
(4)
For the purposes of sections 20 and 21 a person who—
(a)
ceases to be an Assembly member immediately before the Assembly is
40
dissolved, but
(b)
is nominated as a candidate at the subsequent general election,

is to be treated as an Assembly member until the end of the day on which the
poll at the election is held.

Government of Wales Bill
Part 1 — National Assembly for Wales
14

(5)
Where a person—
(a)
ceases to be an Assembly member immediately before the Assembly is
dissolved, but
(b)
continues to hold office as Presiding Officer or as a member of the
Assembly Commission by virtue of paragraph 1(1) or (2) of Schedule 2,
5

the fact that the person is no longer an Assembly member does not affect any
entitlement under sections 20 and 21 in respect of the holding of office as
Presiding Officer or as a member of the Assembly Commission (or both) until
the end of the day on which the person ceases to hold it.
(6)
Provision made under section 20 (3) does not affect pensions or allowances in
10
payment before the provision was made.
23
Oath or affirmation of allegiance
(1)
An Assembly member 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 an
15
Assembly member (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 an Assembly member to take the oath of
allegiance (or make the corresponding affirmation) again if it has been taken
20
(or made) by the Assembly member in compliance with section 55(2) since
being returned (or last returned).
(4)
Until an Assembly member has taken the oath (or made the affirmation) the
Assembly member must not do anything as an Assembly member, other
than—
25
(a)
take part in proceedings of the Assembly at which Assembly members
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 an Assembly member has not taken the oath (or made the affirmation)
30
within—
(a)
the period of two months beginning with the day on which the
Assembly member was declared to be returned, or
(b)
such longer period as the Assembly may have allowed before the end
of that period of two months,
35

at the end of that period of two months or longer period the Assembly member
ceases to be an Assembly member (so that the Assembly member’s seat is
vacant).
(6)
Until an Assembly member has taken the oath (or made the affirmation), no
salary, allowance, gratuity or payment towards the provision of a pension,
40
allowance or gratuity is to be paid under this Act to or in respect of the
Assembly member.
(7)
But subsection (6) does not affect any entitlement to payments in respect of the
period before the Assembly member took the oath (or made the affirmation)
once the Assembly member has done so.
45