Government of Wales Bill

House of Lords

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Government of Wales Bill

Government of Wales Bill
Part 1 — National Assembly for Wales
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Allocation of seats to electoral region members
(1)
The first seat for the Assembly electoral region is to be allocated to the party or
individual candidate with the highest electoral region figure.
(2)
The second and subsequent seats for the Assembly electoral region are to be
allocated to the party or individual candidate with the highest electoral region
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figure after any recalculation required by subsection (3) has been carried out.
(3)
This subsection requires a recalculation under paragraph (b) of section 8(3) in
relation to a party—
(a)
for the first application of subsection (2), if the application of subsection
(1) resulted in the allocation of an Assembly seat to the party, or
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(b)
for any subsequent application of subsection (2), if the previous
application of that subsection did so,

and a recalculation is to be carried out after adding one to the aggregate
mentioned in that paragraph.
(4)
An individual candidate already returned as an Assembly regional member is
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to be disregarded.
(5)
Seats for the Assembly electoral region which are allocated to a party are to be
filled by the persons on the party’s list in the order in which they appear on the
list.
(6)
Once a party’s list has been exhausted by the return of persons included on it
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as Assembly regional members by the previous application of subsection (1) or
(2), the party is to be disregarded.
(7)
If (on the application of subsection (1) or any application of subsection (2)) the
highest electoral region figure is the electoral region figure of two or more
parties or individual candidates, the subsection applies to each of them.
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(8)
However, if subsection (7) would mean that more than the full number of seats
for the Assembly electoral region were allocated, subsection (1) or (2) does not
apply until—
(a)
a recalculation has been carried out under section 8 (3)(b) after adding
one to the number of votes given for each party with that electoral
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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
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must decide between them by lots.
Vacancies
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Constituency vacancies
(1)
This section applies if the seat of an Assembly constituency member returned
for an Assembly constituency is vacant.
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(2)
Subject to subsection (7), an election must be held in the Assembly constituency
to fill the vacancy.

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(3)
At the election, each person entitled to vote only has a constituency vote; and
the Assembly constituency member for the Assembly constituency is to be
returned under the simple majority system.
(4)
The date of the poll at the election must be fixed by the Presiding Officer.
(5)
The date must fall within the period of three months beginning with the
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occurrence of the vacancy.
(6)
But if the vacancy does not come to the Presiding Officer’s notice within the
period of one month beginning with its occurrence, the date must fall within
the period of three months beginning when it does come to the Presiding
Officer’s notice.
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(7)
The election must 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 ending with the day on which the poll at the next ordinary general
election would be held (disregarding section 4).
(8)
The standing orders must make provision for determining the date on which a
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vacancy occurs for the purposes of this section.
(9)
A person may not be a candidate in an election to fill a vacancy if the person
is—
(a)
an Assembly member, or
(b)
a candidate in another such election.
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Electoral region vacancies
(1)
This section applies if the seat of an Assembly regional member returned for an
Assembly electoral region is vacant.
(2)
If the Assembly regional member was returned (under section 9 or this section)
from the list of a registered political party, the regional returning officer must
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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 the person—
(a)
is included on the list submitted by the registered political party for the
last general election,
(b)
is willing to serve as an Assembly regional member for the Assembly
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electoral region, and
(c)
is not a person to whom subsection (4) applies.
(4)
This subsection applies to a person if—
(a)
the person is not a member of the registered political party, and
(b)
the registered political party gives notice to the regional returning
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officer that the person’s name is not to be notified to the Presiding
Officer as the name of the person who is to fill the vacancy.
(5)
But if 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 the highest, on that list.
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(6)
A person whose name is notified under subsection (2) is to be treated as having
been declared to be returned as an Assembly regional member for the
Assembly electoral region on the day on which notification of the person’s
name is received by the Presiding Officer.

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(7)
The seat remains vacant until the next general election—
(a)
if the Assembly regional member was returned as an individual
candidate, or
(b)
if that Assembly regional member was returned from the list of a
registered political party but there is no-one who satisfies the
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conditions in subsection (3).
(8)
For the purposes of this section, a person included on the list submitted by a
registered political party for the last general election who—
(a)
was returned as an Assembly regional member under section 9 at that
election (even if the return was void),
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(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
was void),

is treated on and after the return of the person, or of the successful candidate
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at the election, as not having been included on the list.
Franchise and conduct of elections
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Entitlement to vote
(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
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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
constituency, and
(b)
are registered in the register of local government electors at an address
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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 general election,
(b)
to vote in more than one Assembly constituency at any general election,
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or
(c)
to cast more than one vote in any election held under section 10.
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Power to make provision about elections etc.
(1)
The Secretary of State may by order make provision as to—
(a)
the conduct of elections for the return of Assembly members,
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(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—
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(a)
about the registration of electors,
(b)
for disregarding alterations in a register of electors,

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(c)
about the limitation of the election expenses of candidates (and the
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
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(e)
for modifying the operation of sections 6 and 8(2) in a case where the
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,
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provision making modifications to section 11(3) to (5).
(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,
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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, make modifications of any
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provision made by or under any enactment relating to the registration
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),
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(c)
the European Parliamentary Elections Act 2002 (c. 24), and
(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
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People Act 1983 (c. 2) as applied by or incorporated in an order under this
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.
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Duration of membership
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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.
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Resignation of members
An Assembly member may at any time resign by giving notice in writing to the
Presiding Officer.