Government of Wales Act 2006

• Citation: 2006 c. 32
• Sections: 769

A1 Permanence of the Senedd and Welsh Government

(1) The Senedd established by Part 1 and the Welsh Government established by Part 2 are a permanent part of the United Kingdom's constitutional arrangements.

(2) The purpose of this section is, with due regard to the other provisions of this Act, to signify the commitment of the Parliament and Government of the United Kingdom to the Senedd and the Welsh Government.

(3) In view of that commitment it is declared that the Senedd and the Welsh Government are not to be abolished except on the basis of a decision of the people of Wales voting in a referendum.

A2 Recognition of Welsh law

(1) The law that applies in Wales includes a body of Welsh law made by the Senedd and the Welsh Ministers.

(2) The purpose of this section is, with due regard to the other provisions of this Act, to recognise the ability of the Senedd and the Welsh Ministers to make law forming part of the law of England and Wales.

Section 1 The Senedd

(1) There is to be a parliament for Wales to be known as Senedd Cymru or the Welsh Parliament (referred to in this Act as “ the Senedd .

(2) There are—

(a) 16 Senedd constituencies, and

(b) six seats for each constituency, and

the Senedd is to consist of the members for those constituencies.

(2A) Members of the Senedd are to be known by that name or as Aelodau o'r Senedd.

(3) Members of the Senedd are to be returned in accordance with the provision made by and under this Act for—

(a) the holding of general elections of Members of the Senedd (for the return of the entire Senedd ), and

(b) the filling of vacancies in Senedd seats.

(4) The validity of any Senedd proceedings is not affected by any vacancy in its membership.

(5) In this Act “ Senedd proceedings ” means any proceedings of—

(a) the Senedd ,

(b) committees of the Senedd , or

(c) sub-committees of such committees.

Section 2 Senedd constituencies

(1) The Senedd constituencies are the constituencies specified in regulations under section 49J of the Democracy and Boundary Commission Cymru etc. Act 2013 (anaw 4) .

(2) Until the first set of regulations made under‍‍ that section takes effect, the reference in subsection (1) above to regulations under that section is to be read as a reference to regulations under paragraph 9 of Schedule 2 to the Senedd Cymru (Members and Elections) Act 2024 (asc 4) .

Section 3 Ordinary general elections

(1) The poll at an ordinary general election is to be held on the first Thursday in May in the fourth calendar year following that in which the previous ordinary general election was held, unless—

(a) subsection (1A) prevents the poll being held on that day, or

(b) the day of the poll is determined by a proclamation under section 4.

(1A) The poll is not to be held on the same date as the date of the poll at—

(a) a parliamentary general election ..., ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1B) Where subsection (1A) prevents the poll being held on the day specified in subsection (1), the poll is to be held on such day, subject to subsection (1A), as the Welsh Ministers may by order specify unless the day of the poll is determined by a proclamation under section 4(2) as modified by section 4(2A).

(2) If the poll is to be held on the first Thursday in May or on the day specified by an order under subsection (1B) , the Senedd —

(a) is dissolved by virtue of this section at the beginning of the minimum period which ends with that day, and

(b) must meet within the period of fourteen days beginning immediately after the day of the poll.

(3) In subsection (2) “ the minimum period ” means the period determined in accordance with an order under section 13.

(4) In calculating any period of days for the purposes of subsection (2)(b), the following days are to be disregarded—

(a) Saturday and Sunday,

(b) any day which is a bank holiday in Wales under the Banking and Financial Dealings Act 1971 (c. 80), and

(c) any day appointed for public thanksgiving or mourning.

(5) No order is to be made under subsection (1B) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Senedd .

Section 4 Power to vary date of ordinary general election

(1) Subject to section 3(1A), the Presiding Officer may propose, for the holding of the poll at an ordinary general election, a day which is not more than one month earlier, nor more than one month later, than the first Thursday in May.

(2) If the Presiding Officer proposes a day under subsection (1), Her Majesty may by proclamation under the Welsh Seal—

(a) dissolve the Senedd ,

(b) require the poll at the election to be held on the day proposed, and

(c) require the Senedd to meet within the period of fourteen days beginning immediately after the day of the poll.

(2A) Where a day is specified by an order under section 3(1B), subsection (1) applies as if the reference to the first Thursday in May were a reference to that day.

(3) In calculating any period of days for the purposes of provision made by virtue of subsection (2)(c) , the following days are to be disregarded—

(a) Saturday and Sunday,

(b) Good Friday,

(c) any day which is a bank holiday in Wales under the Banking and Financial Dealings Act 1971 (c. 80), and

(d) any day appointed for public thanksgiving or mourning.

(4) The Welsh Ministers may by order make provision for—

(a) any provision of, or made under, the Representation of the People Acts, or

(b) any other enactment relating to the election of Members of the Senedd ,

to have effect with such modifications or exceptions as the Welsh Ministers consider appropriate in connection with the alteration of the day of the poll under this section .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of the Senedd .

Section 5 Extraordinary general elections

(1) The Presiding Officer must propose a day for the holding of a poll at an extraordinary general election if subsection (2) or (3) applies.

(2) This subsection applies if—

(a) the Senedd resolves that it should be dissolved, and

(b) the resolution of the Senedd is passed on a vote in which the number of Members of the Senedd voting in favour of it is not less than two-thirds of the total number of Senedd seats.

(3) This subsection applies if any period during which the Senedd is required under section 47 to nominate a Member of the Senedd for appointment as the First Minister ends without such a nomination being made.

(4) If the Presiding Officer proposes a day under subsection (1), Her Majesty may by proclamation under the Welsh Seal —

(a) dissolve the Senedd and require an extraordinary general election to be held,

(b) require the poll at the election to be held on the day proposed, and

(c) require the Senedd to meet within the period of fourteen days beginning immediately after the day of the poll.

(5) If a poll is held under this section within the period of six months ending with the day on which the poll at the next ordinary general election would be held (disregarding section 4), that ordinary general election is not to be held.

(6) But subsection (5) does not affect the year in which the subsequent ordinary general election is to be held.

(7) In calculating any period of days for the purposes of subsection (4)(c), the following days are to be disregarded—

(a) Saturday and Sunday,

(b) Christmas Eve, Christmas Day and Good Friday,

(c) any day which is a bank holiday in Wales under the Banking and Financial Dealings Act 1971 (c. 80), and

(d) any day appointed for public thanksgiving or mourning.

Section 6 Voting at general elections

(1) Each person entitled to vote at a general election in a Senedd constituency may give a vote for—

(a) a registered political party that has submitted a list of candidates to be Members of the Senedd for the constituency, or

(b) an individual who is a candidate (“an individual candidate”) to be a Member of the Senedd for the constituency.

(2) An order under section 13 must provide for the ballot paper used at a general election in a Senedd constituency to include the names of the candidates who stand nominated to be Members of the Senedd for the constituency.

(‍3) In this Act “ registered political party ” means a party registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 (c. ‍41) .

Section 7 Candidates at general elections

(1) A registered political party may submit a list of candidates to be Members of the Senedd for a particular Senedd constituency at a general election.

(2) The list must be submitted to the constituency returning officer.

(3) The list must not include more than eight people (but may include only one).

(4) The list must not include a person—

(a) who is included on another list submitted under this section (whether for the constituency or another constituency);

(b) who is an individual candidate to be a Member of the Senedd (whether for the constituency or another constituency).

(5) A person may not be an individual candidate to be a Member of the Senedd for a constituency if that person is—

(a) included on a list submitted under this section (whether for the constituency or another constituency);

(b) an individual candidate to be a Member of the Senedd for another constituency.

(6) In this Act “ constituency returning officer ”, in relation to a Senedd constituency, means the person designated as the returning officer for the constituency in accordance with an order under section 13 (power of the Welsh Ministers to make provision about elections etc.).

Section 8 Calculation of seat allocation figures

(1) This section and section 9 are about the allocation, to registered political parties or individual candidates, of the seats for a Senedd constituency at a general election.

(2) For each registered political party by which a list of candidates has been submitted under section 7 (candidates at general elections) for the constituency—

(a) the votes given in the constituency for the party are to be added up, and

(b) the number arrived at under paragraph (a) is to be divided by the seat allocation divisor.

(3) On the first calculation for a party under subsection (2)(b), the seat allocation divisor for the party is one (section 9 makes provision about recalculations under that subsection with an increased divisor).

(4) For each individual candidate to be a Member of the Senedd for the constituency, the votes given in the constituency for the candidate are to be added up.

(5) The number arrived at—

(a) in the case of a registered political party, under subsection (2)(b), or

(b) in the case of an individual candidate, under subsection (4),

is referred to in section 9 as the “seat allocation figure” for that party or individual candidate.

Section 9 Allocation of seats

(1) The first seat for a Senedd constituency is to be allocated to the registered political party or individual candidate with the highest seat allocation figure.

(2) The second and subsequent seats for the constituency are to be allocated to the party or individual candidate with the highest seat allocation figure after any recalculation required by subsection (3) has been carried out.

(3) This subsection requires a recalculation of the seat allocation figure for a registered political party—

(a) for the first application of subsection (2), if the application of subsection (1) resulted in the allocation to the party of a seat for the constituency, or

(b) for any subsequent application of subsection (2), if the previous application of that subsection resulted in the allocation to the party of a seat for the constituency,

and each recalculation is to be carried out under section 8(2)(b) after adding one to the previous seat allocation divisor for that party.

(4) An individual candidate already allocated a seat as a Member of the Senedd for the constituency is to be disregarded when applying subsection (2).

(5) Seats for the constituency that are allocated to a party are to be filled by the candidates 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 application of subsection (1) or (2)), the party is to be disregarded when applying subsection (2).

(7) If, on the application of subsection (1) or on an application of subsection (2), the highest seat allocation figure is the seat allocation figure for two or more parties or individual candidates (referred to in subsection (8) as the “tied seat allocation figure”), subsection (1) or (2) (as the case may be) applies to each of them.

(8) But if subsection (7) would mean that more than the full number of seats for the constituency were allocated, subsection (1) or (2) is not to be applied until—

(a) a recalculation of the seat allocation figure for any party with the tied seat allocation figure has been carried out under section 8(2)(b) after adding one to the number arrived at under section 8(2)(a), and

(b) one has been added to the number arrived at under section 8(4) for any individual candidate with the tied seat allocation figure.

(9) If, after that, the highest seat allocation figure is still the seat allocation figure for two or more parties or individual candidates (so it is still the case that more than the full number of seats for the constituency would be allocated), the constituency returning officer must decide between them by lots.

Section 10 Constituency vacancies

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Section 11 Vacant seats

(1) This section makes provision about what is to happen if the seat of a Member of the Senedd becomes vacant.

(2) If the Member was an individual candidate when returned as a Member of the Senedd, the seat remains vacant until the next general election.

(3) If the Member was returned as a Member of the Senedd from a list submitted under section 7 by a registered political party, the constituency returning officer must notify to the Presiding Officer the name of the person (if any) who is to fill the vacancy.

(4) A person’s name may be notified under subsection (3) only if the person—

(a) is included on the list mentioned in subsection (3),

(b) is willing to serve as a Member of the Senedd, and

(c) is not a person to whom subsection (5) applies.

(5) This subsection applies to a person if—

(a) the person is not a member of the registered political party that submitted the list, and

(b) the party gives notice to the constituency returning 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.

(6) But if there is more than one person who satisfies the conditions in subsection (4), the constituency returning officer may only notify the name of whichever of them was the higher, or the highest, on the list.

(7) If there is no-one who satisfies the conditions in subsection (4), the seat remains vacant until the next general election.

(8) A person whose name is notified under subsection (3) is to be treated as having been declared to be returned as a Member of the Senedd on the day on which notification of the person’s name is received by the Presiding Officer.

(9) For the purposes of this section, a person included on the list mentioned in subsection (3)—

(a) who was returned as a Member of the Senedd at the election for which the list was submitted (even if the return was void), or

(b) who was subsequently returned as a Member of the Senedd under this section (even if the return was void),

is treated on and after their return as not having been included on the list.

Section 12 Entitlement to vote

(1) The persons entitled to vote at an election of Members of the Senedd ... in a Senedd 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 Senedd constituency ..., and

(b) are registered in the register of local government electors at an address within the Senedd constituency.

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) But a person is not entitled as an elector—

(a) to cast more than one vote in the same Senedd constituency at any general election, or

(b) to vote in more than one Senedd constituency at any general election, ...

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 13 Power of the Welsh Ministers to make provision about elections etc

(1) The Welsh Ministers may by order make provision that would be within the legislative competence of the Senedd , if included in an Act of the Senedd , as to—

(a) the conduct of elections of Members of the Senedd ,

(b) the questioning of an election of Members of the Senedd and the consequences of irregularities, and

(c) the return of a Member of the Senedd otherwise than at an election.

(2) The provision that 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 creation of criminal offences in connection with the limitation of such expenses),

(d) for the combination of polls,

(e) ... and

(f) for modifying section 9(7) to ensure the allocation of the correct number of seats for the constituency .

(3) The provision that may be made under subsection (1)(c) includes, in particular, provision modifying section 11(4) to (6) .

(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, and

(b) so far as may be necessary in consequence of any provision made by an order under this section, make modifications of any 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) ... and

(d) any other enactments relating to parliamentary elections ... or local government elections.

(6) No return of a Member of the Senedd 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 as applied 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, the Senedd .

Section 13A Power of the Secretary of State to make provision about the combination of polls

(1) The Secretary of State may by regulations make provision for—

(a) the combination of polls at ordinary general elections of Members of the Senedd with polls at parliamentary by-elections , and

(b) the combination of polls at extraordinary general elections of Members of the Senedd ... with polls at parliamentary by-elections or parliamentary general elections .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The Secretary of State may not make regulations under this section without the agreement of the Welsh Ministers.

(5) Regulations under this section may—

(a) apply or incorporate, with or without modifications or exceptions, any provision made by or under the election enactments, and

(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 enable it to be used both for the original purpose and in relation to elections of Members of the Senedd .

(6) In subsection (5)(a) “ "the election enactments” ” has the meaning given by section 13(5).

(7) No regulations are to be made under this section unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

Section 13B Power to make provision about the use of the UK digital service for absent voting applications

(1) A Minister of the Crown or the Welsh Ministers may by regulations make provision about the use of the UK digital service in relation to absent voting applications.

(2) The provision that may be made under subsection (1) includes, in particular, provision—

(a) conferring functions on a Minister of the Crown to enable absent voting applications to be submitted through the UK digital service;

(b) where such applications are, or are to be, so submitted—

(i) authorising a Minister of the Crown, in prescribed circumstances, to complete applications in part for people;

(ii) about how any requirement for an applicant to provide a signature in connection with an application may be satisfied;

(c) about the disclosure of prescribed information or evidence through the UK digital service;

(d) about the disclosure of prescribed information or evidence in connection with an absent voting application in relation to which the UK digital service is, or is to be, used.

(3) Subject to subsection (4), the disclosure or other processing of information in accordance with provision made under this section does not breach—

(a) any obligation of confidence owed by the person processing the information;

(b) any other restriction on the processing of information (however imposed).

(4) Provision made under this section does not require or authorise the disclosure or other processing of personal data that would contravene the data protection legislation (but in determining whether particular processing of data would do so, take into account the duty imposed or the powers conferred by such provision).

(5) The Welsh Ministers may not make regulations under this section without the agreement of a Minister of the Crown.

(6) No regulations may be made under this section by a Minister of the Crown unless a draft of a statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.

(7) No regulations may be made under this section by the Welsh Ministers unless a draft of a statutory instrument containing them has been laid before, and approved by a resolution of, the Senedd.

(8) In this section—

“ absent voting application ” means an application (including a partially completed application) to vote by post or proxy at an election for membership of the Senedd, or at elections for membership of the Senedd, in accordance with an order under section 13;

“ the data protection legislation ” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act);

“ personal data ” and “processing” have the same meaning as in the Data Protection Act 2018 (see section 3(2) and (4) of that Act);

“ prescribed ” means prescribed by regulations made under this section;

“ the UK digital service ” means a digital service provided by a Minister of the Crown for the registration of electors, and a reference to an absent voting application submitted through the UK digital service is a reference to such an application submitted using that service as an intermediary.

Section 14 Term of office of Members of the Senedd

The term of office of a Member of the Senedd —

(a) begins when the Member of the Senedd is declared to be returned, and

(b) ends with the dissolution of the Senedd .

Section 15 Resignation of members

A Member of the Senedd may at any time resign by giving notice in writing to the Presiding Officer.

Section 16 Disqualification from being Member of the Senedd

(A1) A person is disqualified from being a Member of the Senedd, and from being a candidate to be a Member of the Senedd, if that person—

(a) falls within any of the categories of person specified in Part 1 of Schedule 1A, or

(b) holds any of the offices specified in the Table in Part 2 of Schedule 1A.

(1) A person is disqualified from being a Member of the Senedd (but not from being a candidate to be a Member of the Senedd) if that person—

(za) is a member of the House of Commons (but see sections 17A ...),

(zb) is a member of the House of Lords (but see section 17C),

(zc) is a member of the council of a county, a county borough or a community in Wales (but see section 17D),

(zd) is a member of the Scottish Parliament,

(ze) is a member of the Northern Ireland Assembly,

(zf) is a member of the European Parliament, or

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(1A) A person returned at an election as a Member of the Senedd is not disqualified under subsection (1)(zd), (ze), (zf) or (b) at any time before the person purports to take the oath of allegiance (or make the corresponding affirmation) in compliance with section 23(1) or 55(2).

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 for the purposes of this section “ 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 Senedd .

Section 17 Relief from disqualification

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The Senedd may resolve that the disqualification of any person who was, or is alleged to have been, disqualified from being a Member of the Senedd on a ground within section 16(1) ... is to be disregarded if it appears to the Senedd —

(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 Senedd to disregard any disqualification which has been established in such proceedings or in proceedings under section 19.

Section 17A Exception from disqualification by virtue of being an MP: recently elected members

(1) A person returned at an election as a Member of the Senedd is not disqualified under section 16(1)(za) (disqualification by virtue of being an MP) at any time in the period of 8 days beginning with the day the person is so returned.

(2) Subsection (3) applies where a person—

(a) is returned at an election as a Member of the Senedd ,

(b) on being so returned is a candidate for election to the House of Commons, and

(c) is subsequently returned at that election as a member of that House.

(3) The person is not disqualified under section 16(1)(za) at any time in the period of 8 days beginning with the day the person is returned as a member of the House of Commons.

(4) A person is a “candidate for election to the House of Commons” if the person's nomination paper for election as a member of the House of Commons has been delivered to the returning officer under rule 6 of Schedule 1 to the Representation of the People Act 1983 (parliamentary election rules).

Section 17B Exception from disqualification by virtue of being an MP: general election of Members of the Senedd within 372 days

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Section 17C Exception from disqualification by virtue of being a member of the House of Lords

(1) A person returned at an election as a Member of the Senedd is not disqualified under section 16(1)(zb) (disqualification by virtue of being a member of the House of Lords) at any time in the period of eight days beginning with the day the person is so returned.

(2) A Member of the Senedd who becomes a member of the House of Lords is not disqualified under section 16(1)(zb) at any time before the end of the period of eight days beginning with the day the person makes and subscribes the oath required by the Parliamentary Oaths Act 1866 (c. 19) (or the corresponding affirmation).

(3) A person is not disqualified from being a Member of the Senedd under section 16(1)(zb) at any time when the person—

(a) has leave of absence from the House of Lords, or

(b) has made an application for leave of absence which has not been withdrawn or refused.

(4) A person who is on leave of absence from the House of Lords immediately before Parliament is dissolved is not disqualified from being a Member of the Senedd under section 16(1)(zb) at any time in the period—

(a) beginning with the dissolution of the old Parliament, and

(b) ending at the end of the period of eight days beginning with the day of the first meeting of the new Parliament.

Section 17D Exception from disqualification by virtue of being a councillor: recently elected members

(1) A person returned at an election as a Member of the Senedd is not disqualified under section 16(1)(zc) (disqualification by virtue of being a member of the council of a county or county borough or community council in Wales) at any time before the person purports to take the oath of allegiance (or make the corresponding affirmation) in compliance with section 23(1) or 55(2).

(2) A Member of the Senedd who is returned at an election as a member of the council of a county or county borough or community council in Wales is not disqualified under section 16(1)(zc) at any time before the person makes a declaration of acceptance of office under section 83 of the Local Government Act 1972 (c. 70) .

Section 17E Exception from disqualification by virtue of being a councillor: ordinary election of councillors within 372 days

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Section 17F Exception from disqualification by virtue of being a councillor: general election of Members of the Senedd within 372 days

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Section 18 Effect of disqualification

(A1) If a person who is disqualified from being a candidate to be a Member of the Senedd (see section 16(A1)) is nominated as a candidate at a general election of Members of the Senedd ..., the person's nomination is void.

(1) If a person who is disqualified from being a Member of the Senedd is returned as a Member of the Senedd , the person's return is void and the person's seat is vacant.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) If a person who is a Member of the Senedd becomes disqualified—

(a) from being a Member of the Senedd , ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the person ceases to be a Member of the Senedd (so that the person's seat is vacant).

(4) Subsections (1) to (3) have effect subject to any resolution of the Senedd under section 17(3).

(5) In addition, subsection (3) has effect subject to—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(aa) section 31 of the Elections Act 2022 (disqualification of offenders for holding elective office etc);

(b) section 427 of the Insolvency Act 1986 (c. 45) (bankruptcy etc. ).

(6) If, in consequence of either of the provisions mentioned in subsection (5), the seat of a person who is disqualified from being a Member of the Senedd is not vacant, the person does not cease to be a Member of the Senedd 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 Senedd proceedings, and

(b) any of the person's other rights and privileges as a Member of the Senedd may be withdrawn by the Senedd .

(8) The validity of any Senedd proceedings is not affected by the disqualification of any person—

(a) from being a Member of the Senedd , ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 19 Judicial proceedings as to disqualification

(1) Any person who claims that a person purporting to be a Member of the Senedd is, or at any time since being returned as a Member of the Senedd has been, disqualified from being—

(a) a Member of the Senedd , ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 Senedd 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 Senedd .

Section 20 Remuneration of Members of the Senedd

(1) Provision must be made for the payment of salaries to Members of the Senedd .

(2) Provision may be made for the payment of allowances to Members of the Senedd .

(3) Provision may be made for the payment of pensions, gratuities or allowances to, or in respect of, any person who—

(a) has ceased to be a Member of the Senedd , or

(b) has ceased to hold office as the Presiding Officer or Deputy Presiding Officer, or such other office in connection with the Senedd as the Senedd may determine, but continues to be a Member of the Senedd .

(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 Senedd 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 is to be made by determination made by the Board.

(7) The Senedd Commission must give effect to any determination made by the Board under this section.

(8) In this section (and in sections 22, 24, 53 and 54) “ the Board ” means the Independent Remuneration Board of the Senedd established by section 1 of the National Senedd for Wales (Remuneration) Measure 2010 (nawm 4 —).

Section 21 Limit on salaries of Members of the Senedd

(1) The Senedd must make provision to ensure that the amount of the salary payable to a Member of the Senedd in accordance with section 20 is reduced if a salary is payable to the Member of the Senedd —

(za) under section 4 of the Parliamentary Standards Act 2009 (salaries of members of the House of Commons), or

(a) pursuant to a resolution (or combination of resolutions) of the House of Lords relating to the remuneration of members of that House, ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 Member of the Senedd as mentioned in subsection (1)(za) or (a) , 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 Senedd ,

and may include provision conferring functions on the Senedd Commission.

Section 22 Remuneration: supplementary

(1) Different provision may be made under section 20 or 21 for different cases.

(2) The Senedd Commission must ensure that information concerning—

(a) the amounts paid to each Member of the Senedd as salary and allowances, and

(b) the total amount paid to Members of the Senedd as salaries and allowances,

is published for each financial year . . . .

(3) The Senedd Commission must lay before the Senedd every determination made by the Board under section 20(6) 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 a Member of the Senedd when the Senedd is dissolved, but

(b) is nominated as a candidate at the subsequent general election,

is to be treated as a Member of the Senedd until the end of the day on which the poll at the election is held.

(5) Where a person—

(a) ceases to be a Member of the Senedd when the Senedd is dissolved, but

(b) continues to hold office as Presiding Officer or as a member of the Senedd Commission by virtue of paragraph 1(1) or (2) of Schedule 2,

the fact that the person is no longer a Member of the Senedd 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 Senedd 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.

Section 23 Oath or affirmation of allegiance

(1) A Member of the Senedd 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 a Member of the Senedd (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 a Member of the Senedd to take the oath of allegiance (or make the corresponding affirmation) again if it has been taken (or made) by the Member of the Senedd in compliance with section 55(2) since being returned (or last returned).

(4) Until a Member of the Senedd has taken the oath (or made the affirmation) the Member of the Senedd must not do anything as a Member of the Senedd , other than—

(a) take part in proceedings of the Senedd at which Members of the Senedd 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 a Member of the Senedd has not taken the oath (or made the affirmation) within—

(a) the period of two months beginning with the day on which the Member of the Senedd was declared to be returned, or

(b) such longer period as the Senedd 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 Member of the Senedd ceases to be a Member of the Senedd (so that the Member's seat is vacant).

(6) Until a Member of the Senedd 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 Member of the Senedd .

(7) But subsection (6) does not affect any entitlement to payments in respect of the period before the Member of the Senedd took the oath (or made the affirmation) once the Member of the Senedd has done so.

Section 24 Assistance to groups of Members of the Senedd

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

(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

(c) for claims for such payments to be made to the Senedd Commission.

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

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(a) may include provision for treating a Member of the Senedd as not belonging to a political group unless a specified number of Members of the Senedd 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 Senedd Commission must lay before the Senedd every determination made by the Board under section 24(1) as soon as is reasonably practicable after it is made.

(7) The Senedd Commission must ensure that information concerning the sums paid under this section is published for each financial year.

Section 25 Presiding Officer etc.

(1) The Senedd must, at its first meeting following a general election, elect from among the Members of the Senedd —

(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 Senedd 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 a Member of the Senedd otherwise than by reason of a dissolution, and

(c) may be removed from office by the Senedd .

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

(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 Senedd 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 Members of the Senedd 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 Senedd 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 Senedd .

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

Section 26 Clerk of Senedd

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

(2) The person appointed under subsection (1) is to be known as the Clerk of the Senedd, Clerc y Senedd 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 Senedd (or person seconded to work at the Senedd ) authorised by the Senedd 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 Senedd (or person seconded to work at the Senedd ) to exercise functions on the Clerk's behalf.

Section 27 A Senedd Commission

(1) There is to be a body corporate to be known as the Senedd Commission or Comisiwn y Senedd (referred to in this Act as “ the Senedd Commission ”).

(2) The members of the Senedd Commission are to be—

(a) the Presiding Officer, and

(b) four other Members of the Senedd .

(3) The standing orders must make provision for the appointment of the four other Members of the Senedd as members of the Senedd 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 Senedd Commission (other than the Presiding Officer) belongs to any one political group.

(5) The Senedd Commission must—

(a) provide to the Senedd , or

(b) ensure that the Senedd is provided with,

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

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

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

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

Section 28 Committees and sub-committees

(1) The standing orders may provide—

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

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

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

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

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

(5) The validity of any proceedings of a committee of the Senedd , 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

(c) any failure to comply with provisions of the standing orders relating to procedure.

Section 29 Composition of committees

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 30 Audit Committee

(1) The committees of the Senedd must include one to be known as the Audit Committee or Pwyllgor Archwilio or by such other name as the Senedd may determine; and, if the Senedd 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,

(c) the Counsel General or any person designated to exercise the functions of the Counsel General, or

(d) a Deputy Welsh Minister.

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

Section 31 Standing orders

(1) Senedd 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 Senedd 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 a Member of the Senedd from Senedd proceedings.

(4) The standing orders may include provision for withdrawing from a Member of the Senedd any or all of the rights and privileges of membership of the Senedd .

(5) The standing orders—

(a) must include provision requiring the proceedings of the Senedd to be held in public, and for proceedings of a committee of the Senedd 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 Senedd , and for reporting proceedings of committees of the Senedd 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 Senedd 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 Members of the Senedd voting support it.

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

Section 32 Participation by UK Ministers etc.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 33 Consultation about UK Government's legislative programme

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 34 Participation by Counsel General

(1) If not a Member of the Senedd the Counsel General may participate in Senedd proceedings to the extent permitted by the standing orders, but may not vote.

(2) And the standing orders may in other respects provide that they are to apply to the Counsel General if not a Member of the Senedd as to a Member of the Senedd .

(3) The Counsel General may, in any Senedd proceedings, decline to answer any question or produce any document concerning the operation of the system of criminal prosecution in any particular case if considering that answering the question or producing the document—

(a) might prejudice criminal proceedings in the case, or

(b) would otherwise be contrary to the public interest.

Section 35 Equality of treatment

(1) The Senedd must, in the conduct of Senedd proceedings, give effect, so far as is both appropriate in the circumstances and reasonably practicable, to the principle that the English and Welsh languages should be treated on a basis of equality.

(1) The official languages of the Senedd are English and Welsh.

(1A) The official languages must, in the conduct of Senedd proceedings, be treated on a basis of equality.

(1B) All persons have the right to use either official language when participating in Senedd proceedings.

(1C) Reports of Senedd proceedings must, in the case of proceedings which fall within section 1(5)(a) (proceedings of the Senedd ), contain a record of what was said, in the official language in which it was said, and also a full translation into the other official language.

(1D) Paragraph 8 of Schedule 2 makes provision about how the Senedd Commission must enable effect to be given to subsections (1) to (1C).

(2) The Senedd must make appropriate arrangements with a view to securing that Senedd proceedings are conducted with due regard to the principle that there should be equality of opportunity for all people.

Section 36 Integrity

(1) The standing orders must include provision—

(a) for a register of interests of Members of the Senedd , and

(b) for the register to be published and made available for public inspection.

(2) The standing orders must require Members of the Senedd to register in the register of interests registrable interests, as defined for the purposes of this subsection.

(3) The standing orders must require any Member of the Senedd who has—

(a) a financial interest, as defined for the purposes of this subsection, or

(b) any other interest, or an interest of any other kind, as so defined,

in any matter to declare that interest before taking part in Senedd proceedings relating to that matter.

(4) The standing orders may include provision for preventing or restricting the participation in any Senedd proceedings of a Member of the Senedd who has an interest within subsection (2) or (3) in any matter to which the proceedings relate.

(5) The standing orders must include provision prohibiting a Member of the Senedd from—

(a) advocating or initiating any cause or matter on behalf of any person, by any means specified in the standing orders, in consideration of any payment or benefit in kind of a description so specified, or

(b) urging, in consideration of any such payment or benefit in kind, any other Member of the Senedd to advocate or initiate any cause or matter on behalf of any person by any such means.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) a Member of the Senedd who—

(a) takes part in Senedd proceedings without having complied with, or in contravention of, any provision included in the standing orders in pursuance of subsections (2) to (4), or

(b) contravenes any provision included in the standing orders in pursuance of subsection (5),

commits an offence.

(8) A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(9) A prosecution for an offence under subsection (7) cannot be instituted except by or with the consent of the Director of Public Prosecutions.

(10) The validity of any Senedd proceedings is not affected by any contravention or failure to comply with any provision included in the standing orders in pursuance of this section.

(11) In this section—

(a) references to a Member of the Senedd ... include the Counsel General, if not a Member of the Senedd , and

(b) “ financial interest ” includes a benefit in kind.

Section 37 Power to call

(1) Subject as follows, the Senedd may require any person—

(a) to attend Senedd proceedings for the purpose of giving evidence, or

(b) to produce for the purposes of the Senedd (or a committee of the Senedd or a sub-committee of such a committee) documents in the possession, or under the control, of the person,

concerning any matter relevant to the exercise by the Welsh Ministers of any of their functions , relevant to the exercise of any of the Auditor General for Wales' functions, or relevant to the oversight and supervision of the Auditor General for Wales, or to the oversight and supervision of the exercise of any of his or her functions .

(2) The Senedd may not impose a requirement under subsection (1) on a person who is not involved in the exercise of functions, or the carrying on of activities, in relation to Wales or the Welsh zone .

(3) The Senedd may not impose a requirement under subsection (1) on a person who—

(a) is or has been a Minister of the Crown, or

(b) serves or has served in the department of a Minister of the Crown,

in relation to the exercise of any functions of a Minister of the Crown.

(4) The Senedd —

(a) may not impose a requirement under subsection (1) on a person who is a full-time judge of any court, and

(b) may not impose such a requirement on a person who is not within paragraph (a) but who is or has been a member of any court or tribunal in connection with the exercise of functions as such a member.

(5) Where a requirement under subsection (1) is imposed on a person who is or has been a member of the staff of the Welsh ... Government (or a person seconded to work for the Welsh ... Government) in relation to the exercise of any functions of the Welsh Ministers, the First Minister or the Counsel General, any of them may issue a direction under subsection (6).

(6) A direction under this subsection is a direction—

(a) that the person on whom the requirement was imposed need not comply with it, and

(b) that the requirement is instead to be complied with by another person specified in the direction.

(6A) Subsection (1) applies in relation to requirements imposed on a person in connection with the discharge of the functions of the Gas and Electricity Markets Authority in relation to Wales with the omission of the words after paragraph (b).

(6B) Subsection (1) applies in relation to things done by the Domestic Abuse Commissioner by virtue of section 7(4)(b) or (c) of the Domestic Abuse Act 2021 (functions exercisable in relation to devolved Welsh authorities etc) as it applies in relation to the exercise by the Welsh Ministers of their functions.

(7) The powers conferred by subsection (1)—

(a) may be exercised by and for the purposes of the Audit Committee, and

(b) may be exercised by and for the purposes of any other committee of the Senedd , or any sub-committee of any committee of the Senedd , if the committee or sub-committee is expressly authorised to do so by the Senedd (whether by the standing orders or otherwise).

(8) A person is not obliged under this section to answer any question or produce any document which the person would be entitled to refuse to answer or produce in or for the purposes of proceedings in a court in England and Wales.

(9) A person acting as prosecutor in criminal proceedings is not obliged under this section to answer any question or produce any document concerning the operation of the system of criminal prosecution in any particular case if the appropriate officer—

(a) considers that answering the question or producing the document might prejudice criminal proceedings in the case or would otherwise be contrary to the public interest, and

(b) has authorised the person to decline to answer the question or produce the document on that ground.

(10) In subsection (9) “ the appropriate officer ” means—

(a) if the proceedings were instituted by or on behalf of the Welsh Ministers, the First Minister or the Counsel General, the Counsel General, and

(b) otherwise, the Attorney General.

Section 38 Notice

(1) A requirement under section 37 is to be imposed on a person by the Clerk giving the person notice in writing specifying—

(a) whether the requirement is imposed for the purposes of the Senedd or a specified committee or sub-committee, and

(b) the matters mentioned in either paragraph (a) or paragraph (b) of subsection (2).

(2) Those matters are—

(a) the time and place at which the person is to attend and the particular subject concerning which the person is required to give evidence;

(b) the documents, or types of documents, which the person is to produce, the date by which and person to whom they are to be produced and the particular subject concerning which they are required.

(3) Notice under subsection (1) is to be given—

(a) in the case of an individual, by sending it in accordance with subsection (4) addressed to the person at the person's usual or last known address or, where the person has given an address for service of the notice, at that address, or

(b) in any other case, by so sending it addressed to the person at the person's registered or principal office.

(4) A notice is sent in accordance with this subsection if it is sent—

(a) by a registered post service (within the meaning of the Postal Services Act 2000 (c. 26)), or

(b) by a postal service which provides for its delivery by post to be recorded.

(5) If a direction is issued under subsection (6) of section 37 in relation to a requirement imposed under subsection (1) of that section, the person or persons by whom it is issued must give notice in writing that the direction has been issued—

(a) if the requirement was imposed for the purposes of the Senedd , to the Presiding Officer, and

(b) otherwise, to the person who chairs the committee or sub-committee for the purposes of which it was imposed.

Section 39 Offences

(1) A person to whom a notice under section 38(1) has been given commits an offence if the person—

(a) refuses or fails without reasonable excuse to attend proceedings as required by the notice,

(b) refuses or fails without reasonable excuse, when attending proceedings as required by the notice, to answer any question concerning the subjects specified in the notice,

(c) refuses or fails without reasonable excuse to produce any document required to be produced by the notice, or

(d) intentionally alters, suppresses, conceals or destroys any such document.

(2) Subsection (1) is subject to sections 34(3) and 37(5), (6), (8) and (9).

(3) If a person charged with an offence under subsection (1)(a), (b) or (c) adduces evidence of a reasonable excuse for the refusal or failure, it is for the prosecution to prove that the person did not have such an excuse.

(4) A person guilty of an offence under subsection (1) is liable on summary conviction—

(a) to a fine not exceeding level 5 on the standard scale,

(b) to imprisonment for a term not exceeding 51 weeks, or

(c) to both.

(5) Where an offence under subsection (1) which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a) a director, manager, secretary or other similar officer of the body corporate, or

(b) any person who was purporting to act in any such capacity,

that person, as well as the body corporate, is guilty of that offence and liable to be proceeded against accordingly.

(6) In subsection (5) “ director ”, in the case of a body corporate whose affairs are managed by its members, means a member of the body corporate.

Section 40 General

(1) The Presiding Officer or such other person as may be authorised by the standing orders may—

(a) require any person giving evidence in Senedd proceedings to take an oath (or make an affirmation), and

(b) administer the oath (or affirmation) to the person.

(2) A person commits an offence if the person—

(a) is required to attend Senedd proceedings for the purpose of giving evidence by a notice under section 38(1), and

(b) refuses to take an oath (or make an affirmation) when required to do so for the purposes of the Senedd proceedings.

(3) A person guilty of an offence under subsection (2) is liable on summary conviction—

(a) to a fine not exceeding level 5 on the standard scale,

(b) to imprisonment for a term not exceeding 51 weeks, or

(c) to both.

(4) The standing orders may provide for the payment of allowances and expenses to persons—

(a) attending Senedd proceedings for the purpose of giving evidence, or

(b) producing for the purposes of the Senedd (or a committee of the Senedd or a sub-committee of such a committee) documents which they have been required or requested to produce,

whether or not in pursuance of a notice under section 38(1).

(5) The provision made by virtue of subsection (4) may confer functions on the Senedd Commission.

(6) For the purposes of sections 37 to 39 and this section—

(a) a person is to be taken to comply with a requirement to produce a document if the person produces a copy of the document or an extract of the relevant part of the document,

(b) “ document ” means anything in which information is recorded in any form, and

(c) references to producing a document are to producing the information recorded in it in a visible and legible form.