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establish and make provision about the Cornish Assembly; to transfer |
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functions and powers to the Assembly; and for connected purposes. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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(1) | There shall be an Assembly for Cornwall to be known as the Cornish Assembly |
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or Senedh Kernow (but referred to in this Act as “the Assembly”). |
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(2) | The Assembly electoral regions, and the number of Assembly seats for each |
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Assembly electoral region, shall be provided for by or in accordance of with |
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(3) | Members of the Assembly (referred to in this Act as “Assembly members”) are |
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to be returned in accordance the provision made by and under this Act for— |
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(a) | the holding of general elections of Assembly members (for the return of |
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the entire Assembly), and |
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(b) | the filling of vacancies in Assembly seats. |
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(4) | The term of the office of an Assembly member— |
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(a) | begins when the member is declared to be returned as an Assembly |
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(b) | continues until the end of the day before the day of the next ordinary |
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(5) | But Assembly members may at any time resign their seat by giving notice to— |
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(a) | the Presiding Officer, or |
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(b) | any person authorised by the standing orders of the Assembly to |
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(6) | The validity of any Assembly proceeding is not affected by any vacancy in its |
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2 | Voting at ordinary elections |
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(1) | Each person entitled to vote at an ordinary election in an Assembly electoral |
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constituency shall have one vote. |
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(2) | A person is entitled to vote at an election of an Assembly member in an |
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Assembly constituency if, on the day of the election, he— |
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(a) | would be entitled to vote at a general election in an electoral area |
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wholly or partly included in an Assembly constituency, and |
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(b) | is registered in the register of local government electors at an address |
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within an Assembly constituency. |
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(3) | In this Act “registered political party” means a party registered under Part 2 of |
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the Political Parties, Elections and Referendums Act 2000 (c. 41). |
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(1) | Section 85 of the Local Government Act 2000 (c. 22) (options for elections) shall |
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have effect in relation to the Cornish Assembly as if, in that section, the word |
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“councillors” is replaced by “Assembly members”. |
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(2) | Assembly members shall be elected under the single transferable vote system |
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at an election, unless provision is made for change under subsection (4). |
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(3) | The Assembly may make provision for change of the electoral system after |
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(a) | the electoral commission, and |
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(4) | At an ordinary election a person may not be a candidate to be the Assembly |
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member for more than one Assembly constituency. |
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4 | Extraordinary general elections |
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(1) | The Assembly must propose a day for the holding of an extraordinary general |
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election if subsection (2) or (3) applies. |
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(2) | This subsection applies if— |
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(a) | the Assembly resolves that it should be dissolved, and |
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(b) | that resolution of the Assembly is passed on a vote in which the number |
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of Assembly members voting in favour of it is not less than two-thirds |
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of the total number of Assembly seats. |
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(3) | This subsection applies if any period during which the Assembly is required |
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under section 32 to nominate an Assembly member for appointment as the |
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First Minister ends without such a nomination being made. |
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(4) | If an extraordinary general election is held under this section within the period |
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of six months ending with the day on which the poll at the next ordinary |
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general election would be held, that ordinary general election is not to be held. |
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(5) | In calculating any period of days for the purposes of subsection (4), the |
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following days are to be disregarded— |
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(b) | Christmas Eve, Christmas Day and Good Friday, |
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(c) | any day which is a bank holiday in Cornwall under the Banking and |
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Financial Dealings Act 1971 (c. 80), and |
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(d) | any day appointed for public thanksgiving or mourning. |
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(1) | This section applies where the seat of an Assembly member returned for an |
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Assembly constituency is vacant. |
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(2) | Subject to subsection (6), an election shall be held in the Assembly constituency |
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(3) | At the election to fill the vacancy, each person entitled to vote at the election |
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shall have only a constituency vote. |
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(4) | The date of the election shall be fixed by the presiding officer in accordance |
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(5) | The date fixed shall be not later than three months after the occurrence of the |
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vacancy, except that if the vacancy does not come to the presiding officer‘s |
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notice within one month of its occurrence the date fixed shall be not later than |
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three months after the vacancy comes to the notice of the Presiding Officer. |
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(6) | An election shall not be held if it appears to the presiding officer that the latest |
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date which may be fixed for the poll would fall within the period of three |
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months preceding an ordinary election. |
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(7) | A person may not be a candidate in an election to fill a vacancy if he is an |
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Assembly member or a candidate in another such election. |
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(8) | For the purposes of this section a vacancy shall be taken to have occurred on |
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such date as may be determined under the standing orders of the Assembly. |
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(9) | References in this section and section 9 to the presiding officer include |
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references to any person for the time being performing the functions of |
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6 | Power to make provision about elections etc |
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(1) | The Secretary of State may by order make provision as to— |
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(a) | the conduct of elections for the return of Assembly members, including |
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the operation of the single transferable vote system, |
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(b) | the questioning of an election for the return of Assembly members and |
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the process for investigating alleged or apparent irregularities, and |
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(c) | the return of an Assembly member otherwise than at an election. |
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(2) | An order under this section may— |
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(a) | apply or incorporate, with or without modifications or exceptions, any |
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provision of or made under the election enactments, |
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(b) | modify any form contained in, or in regulations or rules made under, |
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the Representation of the People Acts so far as may be necessary to |
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enable it to be used both for the original purpose and in relation to |
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elections for the return of Assembly members, and |
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(c) | so far as may be necessary in consequence of any provision made by |
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this Act or an order under this section, make modifications of any |
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provision made by or under any enactment relating to the registration |
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of parliamentary electors or local government electors. |
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(3) | In this section, “the election enactments” means— |
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(a) | the Representation of the People Acts, |
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(b) | the Political Parties, Elections and Referendums Act 2000 (c. 41), |
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(c) | the European Parliamentary Elections Act 2002 (c. 24), and |
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(d) | any other enactments relating to parliamentary elections, European |
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Parliamentary elections or local government elections. |
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Presiding Officer and administration |
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(1) | The Assembly must, at its first meeting following an ordinary or extraordinary |
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general election, elect from among the Assembly members— |
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(a) | a presiding officer (referred to in this Act as “the Presiding Officer”), |
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(b) | a deputy presiding officer (referred to in this Act as “the Deputy |
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(2) | The person elected under paragraph (a) of subsection (1) is to be known as the |
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Presiding Officer or by such other title as the standing orders may provide; and |
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the person elected under paragraph (b) of that subsection is to be known as the |
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Deputy Presiding Officer or by such other title as the standing orders may |
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(3) | The Presiding Officer holds office until the conclusion of the next election of a |
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Presiding Officer under subsection (1). |
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(4) | The Deputy Presiding Officer holds office until the Assembly is dissolved. |
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(5) | But the Presiding Officer or Deputy Presiding Officer— |
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(a) | may at any time resign, |
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(b) | ceases to hold office on ceasing to be an Assembly member otherwise |
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than by reason of a dissolution, and |
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(c) | may be removed from office by the Assembly if a motion of no |
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confidence is passed by more than two thirds of Assembly members. |
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(6) | The Presiding Officer’s functions may be exercised by the Deputy Presiding |
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(a) | the office of Presiding Officer is vacant, or |
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(b) | the Presiding Officer is for any reason unable to act. |
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(7) | The Presiding Officer may (subject to the standing orders) authorise the |
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Deputy Presiding Officer to exercise functions of the Presiding Officer. |
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(8) | The standing orders may include provision for the Presiding Officer’s |
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functions to be exercisable by any person specified in, or determined in |
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accordance with, the standing orders if— |
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(a) | the office of Presiding Officer is vacant or the Presiding Officer is for |
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any reason unable to act, and |
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(b) | the office of Deputy Presiding Officer is vacant or the Deputy Presiding |
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Officer is for any reason unable to act. |
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(1) | The Assembly Commission must appoint a person to be the Clerk of the |
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Assembly (referred to in this Act as “the Clerk”). |
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(2) | The person appointed under subsection (1) is to be known as the Clerk of the |
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Assembly or by such other title as the standing orders may provide. |
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(3) | The Clerk’s functions may be exercised by any other member of the staff of the |
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Assembly (or person seconded to work at the Assembly) authorised by the |
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(a) | the office of Clerk is vacant, or |
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(b) | the Clerk is for any reason unable to act. |
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(4) | The Clerk may authorise any other member of the staff of the Assembly (or |
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person seconded to work at the Assembly) to exercise functions on the Clerk’s |
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(1) | There is to be a body corporate to be known as the Cornish Assembly |
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Commission referred to in this Act as “the Assembly Commission”. |
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(2) | The members of the Assembly Commission are to be— |
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(a) | the Presiding Officer, and |
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(b) | four other Assembly members. |
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(3) | The standing orders must make provision for the appointment of the four other |
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Assembly members as members of the Assembly Commission. |
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(4) | The Assembly may give special or general directions to the Assembly |
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Commission for the purpose of, or in connection with, the exercise of the |
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Assembly Commission’s functions. |
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10 | Committees and sub-committees |
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(1) | The standing orders may provide— |
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(a) | for the appointment of committees of the Assembly, and |
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(b) | for such committees to have power to appoint sub-committees, |
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(c) | for the composition of committees in compliance with subsection (2). |
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(2) | The provision included in standing orders must— |
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(a) | secure that its membership reflects (so far as is reasonably practicable) |
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the balance of the political groups to which Assembly members belong, |
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(b) | make provision for the eligibility of persons appointed for its |
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(3) | The members of a committee of the Assembly, or of a sub-committee of such a |
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committee, may not include anyone who is not an Assembly member. |
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(4) | The standing orders must make provision about the membership, chairing and |
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procedure of committees of the Assembly and sub-committees of such |
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(5) | The standing orders may include provision for excluding from the proceedings |
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of a committee of the Assembly, or a sub-committee of such a committee, an |
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Assembly member who is not a member of the committee or sub-committee. |
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(6) | The validity of any proceedings of a committee of the Assembly, or of a sub- |
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committee of such a committee, is not affected by— |
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(a) | any vacancy in its membership, |
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(b) | any defect in the appointment of its members or of the person who |
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(c) | any failure to comply with provisions of the standing orders relating to |
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(1) | The committees of the Assembly must include one to be known as the Audit |
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Committee or by such other name as the Assembly may determine. |
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(2) | The Audit Committee is to have the number of members specified by the |
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(3) | None of the following may be a member of the Audit Committee— |
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(a) | the First Minister or any person designated to exercise the functions of |
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(b) | a Cornish Minister appointed under section 25, |
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(c) | a Deputy Cornish Minister. |
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(4) | The Audit Committee must not be chaired by an Assembly member who is a |
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member of a political group with an executive role. |
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12 | Remuneration of Assembly members |
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(1) | The Assembly must make provision for the payments of salaries to Assembly members. |
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(2) | The Assembly may make provision for the payment of allowances to Assembly |
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(3) | The Assembly may make provision for the payment of pensions, gratuities or |
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allowances to, or in respect of, any person who— |
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(a) | has ceased to be an Assembly member, or |
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(b) | has ceased to hold office as the Presiding Officer or Deputy Presiding Officer, |
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or such other office in connection with the Assembly as the Assembly may |
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determine, but continues to be an Assembly member. |
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(4) | The Assembly must ensure that information concerning— |
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(a) | the amounts paid to each Assembly member as salary and allowances, |
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(b) | the total amount paid to Assembly members as salaries and allowances, |
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| is published for each financial year (and may, in particular, do so by requiring |
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it to be published by the Assembly Commission). |
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13 | Limit on salaries of Assembly members |
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(1) | The Assembly must make provision to ensure that the amount of the salary |
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payable to an Assembly member in accordance with section 12 is reduced if a |
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salary is payable to the Assembly member— |
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(a) | pursuant to a resolution (or combination of resolutions) of either House |
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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 |
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1979 (c. 50) (salaries of Representatives). |
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(2) | The provision made must ensure that the amount of salary is reduced— |
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(a) | to a particular proportion of what it otherwise would be or to a |
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(b) | by the amount of any salary payable to the Assembly member as |
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mentioned in subsection (1)(a) or (b), by a particular proportion of that |
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amount or by some other particular amount. |
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(3) | Provision may be made under this section by— |
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(a) | the standing orders, or |
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(b) | resolutions of the Assembly, |
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| and may include provision conferring functions on the Assembly Commission. |
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14 | Oath or affirmation of allegiance |
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(1) | An Assembly member must take the oath of allegiance in the form set out in |
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section 2 of the Promissory Oaths Act 1868 (c. 72) (or make the corresponding |
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affirmation) as soon as is reasonably practicable after being returned as an |
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Assembly member (whether for the first time or subsequently). |
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(2) | The standing orders must specify the person before whom the oath is to be |
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taken (or the affirmation made). |
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(3) | Until an Assembly member has taken the oath (or made the affirmation) the |
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Assembly member must not do anything as an Assembly member, other |
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(a) | take part in proceedings of the Assembly at which Assembly members |
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take the oath or make the affirmation, or |
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(b) | take part in any earlier proceedings for the election of the Presiding |
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Officer or Deputy Presiding Officer. |
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(4) | If an Assembly member has not taken the oath (or made the affirmation) |
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