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9 | Allocation of seats to electoral region members |
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(1) | The first seat for the Assembly electoral region is to be allocated to the party or |
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individual candidate with the highest electoral region figure. |
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(2) | The second and subsequent seats for the Assembly electoral region are to be |
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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. |
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(3) | This subsection requires a recalculation under paragraph (b) of section 8(3) in |
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(a) | for the first application of subsection (2), if the application of subsection |
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(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 |
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application of that subsection did so, |
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| and a recalculation is to be carried out after adding one to the aggregate |
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mentioned in that paragraph. |
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(4) | An individual candidate already returned as an Assembly regional member is |
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(5) | Seats for the Assembly electoral region which are allocated to a party are to be |
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filled by the persons on the party’s list in the order in which they appear on the |
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(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 |
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(2), the party is to be disregarded. |
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(7) | If (on the application of subsection (1) or any application of subsection (2)) the |
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highest electoral region figure is the electoral region figure of two or more |
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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 |
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for the Assembly electoral region were allocated, subsection (1) or (2) does not |
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(a) | a recalculation has been carried out under section 8 (3)(b) after adding |
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one to the number of votes given for each party with that electoral |
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(b) | one has been added to the number of votes given for each individual |
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candidate with that electoral region figure. |
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(9) | If, after that, the highest electoral region figure is still the electoral region figure |
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of two or more parties or individual candidates, the regional returning officer |
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must decide between them by lots. |
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10 | Constituency vacancies |
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(1) | This section applies if the seat of an Assembly constituency member returned |
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for an Assembly constituency is vacant. |
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(2) | Subject to subsection (7), an election must be held in the Assembly constituency |
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(3) | At the election, each person entitled to vote only has a constituency vote; and |
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the Assembly constituency member for the Assembly constituency is to be |
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returned under the simple majority system. |
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(4) | The date of the poll at the election must be fixed by the Presiding Officer. |
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(5) | The date must fall within the period of three months beginning with the |
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occurrence of the vacancy. |
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(6) | But if the vacancy does not come to the Presiding Officer’s notice within the |
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period of one month beginning with its occurrence, the date must fall within |
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the period of three months beginning when it does come to the Presiding |
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(7) | The election must 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 ending with the day on which the poll at the next ordinary general |
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election would be held (disregarding section 4). |
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(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. |
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(9) | A person may not be a candidate in an election to fill a vacancy if the person |
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(a) | an Assembly member, or |
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(b) | a candidate in another such election. |
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11 | Electoral region vacancies |
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(1) | This section applies if the seat of an Assembly regional member returned for an |
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Assembly electoral region is vacant. |
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(2) | If the Assembly regional member was returned (under section 9 or this section) |
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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. |
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(3) | A person’s name may only be so notified if the person— |
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(a) | is included on the list submitted by the registered political party for the |
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(b) | is willing to serve as an Assembly regional member for the Assembly |
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(c) | is not a person to whom subsection (4) applies. |
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(4) | This subsection applies to a person if— |
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(a) | the person is not a member of the registered political party, and |
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(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 |
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Officer as the name of the person who is to fill the vacancy. |
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(5) | But if there is more than one person who satisfies the conditions in subsection |
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(3), the regional returning officer may only notify the name of whichever of |
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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 |
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been declared to be returned as an Assembly regional member for the |
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Assembly electoral region on the day on which notification of the person’s |
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name is received by the Presiding Officer. |
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(7) | The seat remains vacant until the next general election— |
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(a) | if the Assembly regional member was returned as an individual |
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(b) | if that Assembly regional member was returned from the list of a |
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registered political party but there is no-one who satisfies the |
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conditions in subsection (3). |
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(8) | For the purposes of this section, a person included on the list submitted by a |
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registered political party for the last general election who— |
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(a) | was returned as an Assembly regional member under section 9 at that |
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election (even if the return was void), |
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(b) | has subsequently been a candidate in an election held under section 10 |
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(whether or not returned), or |
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(c) | has subsequently been returned under this section (even if the return |
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| 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. |
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Franchise and conduct of elections |
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(1) | The persons entitled to vote at an election of Assembly members (or of an |
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Assembly member) in an Assembly constituency are those who on the day of |
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(a) | would be entitled to vote as electors at a local government election in |
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an electoral area wholly or partly included in the Assembly |
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(b) | are registered in the register of local government electors at an address |
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within the Assembly constituency. |
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(2) | But a person is not entitled as an elector— |
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(a) | to cast more than one constituency vote, or more than one electoral |
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region vote, in the same Assembly constituency at any general election, |
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(b) | to vote in more than one Assembly constituency at any general election, |
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(c) | to cast more than one vote in any election held under section 10. |
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13 | 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, |
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(b) | the questioning of an election for the return of Assembly members and |
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the consequences of irregularities, and |
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(c) | the return of an Assembly member otherwise than at an election. |
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(2) | The provision which may be made under subsection (1)(a) includes, in |
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(a) | about the registration of electors, |
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(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 |
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creation of criminal offences in connection with the limitation of such |
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(d) | for the combination of polls at elections for the return of Assembly |
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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 |
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poll at an election for the return of the Assembly constituency member |
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for an Assembly constituency is abandoned (or notice of it is |
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(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). |
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(4) | 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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(5) | In subsection (4)(a) “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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(6) | No return of an Assembly member at an election may be questioned except by |
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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 |
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(7) | No order is to be made under this section unless a draft of the statutory |
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instrument containing it has been laid before, and approved by a resolution of, |
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each House of Parliament. |
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14 | Term of office of Assembly members |
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The term of office of an Assembly member— |
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(a) | begins when the Assembly member is declared to be returned, and |
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(b) | ends with the dissolution of the Assembly. |
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15 | Resignation of members |
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An Assembly member may at any time resign by giving notice in writing to the |
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