Government of Wales Act 2006 (c. 32)

(The document as of February, 2008)

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Disqualification

16 Disqualification from being Assembly member

(1) A person is disqualified from being an Assembly member if that person--

(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),

(b) holds any of the offices for the time being designated by Order in Council as offices disqualifying persons from being Assembly members,

(d) holds the office of Public Services Ombudsman for Wales, or

(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 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 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.

(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 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.

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

(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 certain persons born outside United Kingdom).

(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--

(a) that the ground has been removed, and

(b) that it is proper so to resolve.

(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 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.

(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--

(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).

(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.).

(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 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 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

(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

(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 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

(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 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.

(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

(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 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.

(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.

(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 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,

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--

(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).

(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 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.

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

(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, 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 when the Assembly is 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.

(5) Where a person--

(a) ceases to be an Assembly member when 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,

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 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 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 (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--

(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) 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,

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, 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.

24 Assistance to groups of Assembly members

(1) The Assembly Commission must make to (or in respect of) political groups to which Assembly members belong such payments as the Assembly from time to time determines for the purpose of assisting Assembly members who belong to those political groups to perform their functions as Assembly members.

(2) A determination under subsection (1) may make provision--

(a) for calculating the amount of any payment to (or in respect of) a political group,

(b) for the conditions subject to which payments to (or in respect of) a political group are to be made, and

(3) A determination under subsection (1) may make different provision for different political groups.

(4) If a motion making a determination under subsection (1) is passed on a vote it has no effect unless at least two-thirds of the Assembly members voting support it.

(5) The standing orders must include provision for determining for the purposes of this Act whether any Assembly member belongs to a political group and, if so, to which; and (in particular)--

(a) may include provision for treating an Assembly member as not belonging to a political group unless a specified number of Assembly members belong to it, and

(b) must include provision requiring the Presiding Officer to decide any questions arising under the provision included by virtue of this subsection.

(6) The standing orders must include provision--

(a) for the publication of every determination under this section, and

(b) for the publication for each financial year of information about the sums paid under this section in the financial year.

Presiding Officer and administration

25 Presiding Officer etc.

(1) The Assembly must, at its first meeting following a general election, elect from among the Assembly members--

(a) a presiding officer (referred to in this Act as "the Presiding Officer"), and

(b) a deputy presiding officer (referred to in this Act as "the Deputy Presiding Officer").

(2) The person elected under paragraph (a) of subsection (1) is to be known as the Presiding Officer or by such other title as the standing orders may provide; and the person elected under paragraph (b) of that subsection is to be known as the Deputy Presiding Officer or by such other title as the standing orders may provide.

(3) The Presiding Officer holds office until the conclusion of the next election of a Presiding Officer under subsection (1).

(4) The Deputy Presiding Officer holds office until the Assembly is dissolved.

(5) But the Presiding Officer or Deputy Presiding Officer--

(a) may at any time resign,

(b) ceases to hold office on ceasing to be an Assembly member otherwise than by reason of a dissolution, and

(6) If the Presiding Officer or the Deputy Presiding Officer ceases to hold office under subsection (5) (or dies), the Assembly must elect a replacement from among the Assembly members.

(7) Subject to subsection (9), the Presiding Officer and the Deputy Presiding Officer must not belong to--

(a) the same political group, or

(b) different political groups both of which are political groups with an executive role.

(8) For the purposes of this Act a political group is a political group with an executive role if the First Minister or one or more of the Welsh Ministers appointed under section 48 belong to it.

(9) The Assembly may resolve that subsection (7) is not to apply for so long as the resolution so provides; but if the motion for the resolution is passed on a vote it is of no effect unless at least two-thirds of the Assembly members voting support it.

(10) The Presiding Officer's functions may be exercised by the Deputy Presiding Officer if--

(a) the office of Presiding Officer is vacant, or

(b) the Presiding Officer is for any reason unable to act.

(11) The Presiding Officer may (subject to the standing orders) authorise the Deputy Presiding Officer to exercise functions of the Presiding Officer.

(12) The standing orders may include provision for the Presiding Officer's functions to be exercisable by any person specified in, or determined in accordance with, the standing orders if--

(a) the office of Presiding Officer is vacant or the Presiding Officer is for any reason unable to act, and

(b) the office of Deputy Presiding Officer is vacant or the Deputy Presiding Officer is for any reason unable to act.

(13) The standing orders may include provision as to the participation (including voting) in Assembly proceedings of the Presiding Officer and Deputy Presiding Officer and any person acting by virtue of subsection (12).

(14) The validity of any act of a person as Presiding Officer or Deputy Presiding Officer, or of any person acting by virtue of subsection (12), is not affected by any defect in the person's appointment by the Assembly.

(15) Subsections (10) to (12) are subject to paragraph 11 of Schedule 2.

26 Clerk of Assembly

(1) The Assembly Commission must appoint a person to be the Clerk of the Assembly (referred to in this Act as "the Clerk").

(2) The person appointed under subsection (1) is to be known as the Clerk of the Assembly or by such other title as the standing orders may provide.

(3) The Clerk's functions may be exercised by any other member of the staff of the Assembly (or person seconded to work at the Assembly) authorised by the Assembly Commission if--

(a) the office of Clerk is vacant, or

(b) the Clerk is for any reason unable to act.

(4) The Clerk may authorise any other member of the staff of the Assembly (or person seconded to work at the Assembly) to exercise functions on the Clerk's behalf.

27 Assembly Commission

(1) There is to be a body corporate to be known as the National Assembly for Wales Commission or Comisiwn Cynulliad Cenedlaethol Cymru (referred to in this Act as "the Assembly Commission").

(2) The members of the Assembly Commission are to be--

(a) the Presiding Officer, and

(b) four other Assembly members.

(3) The standing orders must make provision for the appointment of the four other Assembly members as members of the Assembly Commission.

(4) The provision included in the standing orders in compliance with subsection (3) must (so far as it is reasonably practicable to do so) secure that not more than one of the members of the Assembly Commission (other than the Presiding Officer) belongs to any one political group.

(5) The Assembly Commission must--

(a) provide to the Assembly, or

(b) ensure that the Assembly is provided with,

the property, staff and services required for the Assembly's purposes.

(6) The Assembly may give special or general directions to the Assembly Commission for the purpose of, or in connection with, the exercise of the Assembly Commission's functions.

(7) Any property, rights or liabilities acquired or incurred in relation to matters to which the Assembly would otherwise be entitled or subject are to be treated for all purposes as property, rights or liabilities of the Assembly Commission.

(8) For further provision about the Assembly Commission see Schedule 2.

Committees

28 Committees and sub-committees

(1) The standing orders may provide--

(a) for the appointment of committees of the Assembly, and

(b) for such committees to have power to appoint sub-committees.

(2) The members of a committee of the Assembly, or of a sub-committee of such a committee, may not include anyone who is not an Assembly member.

(3) The standing orders must make provision about the membership, chairing and procedure of committees of the Assembly and sub-committees of such committees.

(4) The standing orders may include provision for excluding from the proceedings of a committee of the Assembly, or a sub-committee of such a committee, an Assembly member who is not a member of the committee or sub-committee.

(5) The validity of any proceedings of a committee of the Assembly, or of a sub-committee of such a committee, is not affected by--

(a) any vacancy in its membership,

(b) any defect in the appointment of its members or of the person who chairs it, or

29 Composition of committees

(1) The provision included in the standing orders in compliance with section 28(3) must meet the requirements of this section.

(2) The provision must secure that the appointments to the places on each committee are (if possible) determined by a resolution of the Assembly--

(a) which secures that its membership reflects (so far as is reasonably practicable) the balance of the political groups to which Assembly members belong, and

(b) which (if the motion for it is passed on a vote) has no effect unless at least two-thirds of the Assembly members voting support it.

(3) The provision must secure that, if the membership of a committee is not so determined--

(a) the person appointed to the first place on the committee is an Assembly member belonging to the largest political group, and

(b) the persons eligible to be appointed to the second and subsequent places on the committee are ascertained in accordance with subsection (5).

(4) "The largest political group" means the political group to which the most Assembly members belong.

(5) An Assembly member is eligible to be appointed to the second or any subsequent place on the committee if--

(a) the number produced by subsection (6) in relation to that place for the political group to which the Assembly member belongs, exceeds

(b) that so produced for each of the other political groups.

(6) The number produced for a political group in relation to the second or any subsequent place on the committee is--

(a) if one or more places are already allocated to the political group, the number of Assembly members belonging to the political group divided by the aggregate of one and the number of places already so allocated, or

(b) otherwise, the number of Assembly members belonging to the political group.

(7) References to a place already allocated to a political group, in relation to the appointment to the second or any subsequent place on the committee, are to a place on the committee to which an Assembly member belonging to the political group is eligible to be appointed--

(a) (in relation to the second place) by virtue of subsection (3)(a), or

(b) (in relation to any subsequent place) by virtue of subsection (3)(a) or the previous application of subsection (5) in relation to a place on the committee.

(8) The provision must modify the operation of the provision made in compliance with subsections (3) to (7) for cases where--

(a) the number of Assembly members belonging to two or more political groups is the same and exceeds the number of Assembly members belonging to any other political group, or

(b) the number produced by subsection (6) in relation to any place on a committee is the same for two or more political groups and is greater than that so produced for any other political group.

(9) The provision must modify the operation of the provision made in compliance with subsections (2) to (8) with a view to securing that (so far as is reasonably practicable having regard to the total number of places on committees)--

(a) every Assembly member who does not belong to a political group is entitled to be a member of at least one committee, and

(b) the total number of places on committees allocated to Assembly members belonging to each political group is at least as great as the number of Assembly members belonging to the political group.

(10) The provision must secure that the Presiding Officer decides questions arising under the provision made in compliance with this section.

30 Audit Committee

(1) The committees of the Assembly must include one to be known as the Audit Committee or Pwyllgor Archwilio or by such other name as the Assembly may determine; and, if the Assembly makes such a determination, references to the committee in--

(a) any enactment (including any enactment comprised in or made under this Act) or prerogative instrument, or

(b) any other instrument or document,

have effect accordingly.

(2) The Audit Committee is to have the number of members specified by the standing orders.

(3) None of the following may be a member of the Audit Committee--

(a) the First Minister or any person designated to exercise the functions of the First Minister,

(b) a Welsh Minister appointed under section 48,

(d) a Deputy Welsh Minister.

(4) The Audit Committee must not be chaired by an Assembly member who is a member of a political group with an executive role.

Proceedings etc.

31 Standing orders

(1) Assembly proceedings are to be regulated by standing orders (referred to in this Act as "the standing orders").

(2) The standing orders must include provision for preserving order in Assembly proceedings, including provision for--

(a) preventing conduct which would constitute a criminal offence or contempt of court, and

(b) a sub judice rule.

(3) The standing orders may include provision for excluding an Assembly member from Assembly proceedings.

(4) The standing orders may include provision for withdrawing from an Assembly member any or all of the rights and privileges of membership of the Assembly.

(5) The standing orders--

(a) must include provision requiring the proceedings of the Assembly to be held in public, and for proceedings of a committee of the Assembly or a sub-committee of such a committee to be held in public except in circumstances provided for in the standing orders, and

(b) may include provision as to the conditions to be complied with by members of the public attending the proceedings (including provision for excluding any member of the public who does not comply with the conditions).

(6) The standing orders must include provision--

(a) for reporting the proceedings of the Assembly, and for reporting proceedings of committees of the Assembly and sub-committees of such committees which are held in public, and

(b) for publishing the reports of proceedings as soon as reasonably practicable after the proceedings take place.

(7) The Assembly may by resolution remake or revise the standing orders; but if the motion for a resolution to remake or revise the standing orders is passed on a vote, it has no effect unless at least two-thirds of the Assembly members voting support it.

(8) The Clerk must from time to time publish the standing orders.

32 Participation by UK Ministers etc.

(1) The Secretary of State for Wales is entitled to participate in proceedings of the Assembly but not to vote.

(2) The standing orders must include provision for any documents which--

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