OpenLegislation

Section 16 Disqualification from being Member of the SeneddF15I1

United Kingdom

F1(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)

F2A 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—

F3(za)

is a member of the House of Commons (but see sections 17A F4...),

F5(zb)

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

(F6zc)

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

F7(a)

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

(b)

holds any of the offices for the time being designated by Order in Council as offices disqualifying persons from being F8Members of the Senedd,

F9(c)

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

(d)

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

(e)

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

F10(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).

F11(2)

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

F12(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 F13for 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 F14Senedd.

Annotations

Textual amendments

F1

S. 16(A1) inserted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 29(2), 42(1)(c)

F2

Words in s. 16(1) substituted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 29(3)(a), 42(1)(c)

F3

S. 16(1)(za) inserted (17.2.2015) by Wales Act 2014 (c. 29), ss. 3(1), 29(2)(a)

F4

Words in s. 16(1)(za) omitted (with effect in accordance with s. 61(7) of the amending Act) by virtue of Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 61(2)(a), 72(1)(b)

F5

S. 16(1)(zb)-(zf) inserted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 29(3)(b), 42(1)(c)

F6

S. 16(1)(zc) substituted (with effect in accordance with s. 61(7) of the amending Act) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 61(2)(b), 72(1)(b)

F7

S. 16(1)(a) omitted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 29(3)(c), 42(1)(c)

F8

Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(17) (with Sch. 1 para. 2(11)(12)(14))

F9

S. 16(1)(c)-(e) omitted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 29(3)(d), 42(1)(c)

F10

S. 16(1A) inserted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 29(4), 42(1)(c)

F11

S. 16(2)-(4) omitted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 29(5), 42(1)(c)

F12

S. 16(2)-(4) omitted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 29(5), 42(1)(c); and s. 16(3) in so far as it is still in force amended (31.12.2020) by virtue of European Union (Withdrawal) Act 2018 (c. 16), s. 25(4), Sch. 3 para. 31 (with s. 19, Sch. 8 para. 37); S.I. 2020/1622, reg. 3(l) (with regs. 10, 22)

F13

Words in s. 16(5) substituted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 29(6), 42(1)(c)

F14

Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(19) (with Sch. 1 para. 2(11)-(14))

F15

Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(16) (with Sch. 1 para. 2(11)(12)(14))

Commencement

I1

Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

Notes on Part 1

Textual amendments

F1

Words in Pt. 1 heading substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(2)

Modifications

C1

Pt. 1 modified (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), ss. 13(5), 19(1)