Section 18 Effect of disqualificationI1

United Kingdom

F1(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 F2..., the person's nomination is void.

(1)

If a person who is disqualified from being F3a 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.

F4(2)

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

(3)

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

(a)

from being a Member of the Senedd, F5...

(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 F6Senedd under section 17(3).

(5)

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

F7(a)

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

F8(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 F9either 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any of the person's other rights and privileges as a Member of the Senedd may be withdrawn by the Senedd.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, F10...

(b)

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

Annotations

Textual amendments

F1: S. 18(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. 34(2), 42(1)(c)
F2: Words in s. 18(A1) omitted (24.8.2024) by virtue of Senedd Cymru (Members and Elections) Act 2024 (asc 4), ss. 10(5), 25(2)(b) (with s. 24(1))
F3: Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(15) (with Sch. 1 para. 2(11)(12)(14))
F4: S. 18(2) 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. 34(3), 42(1)(c)
F5: S. 18(3)(b) and word 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. 34(4), 42(1)(c)
F6: 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))
F7: S. 18(5)(a) omitted (28.4.2013) by virtue of Mental Health (Discrimination) Act 2013 (c. 8), s. 4(1), Sch. para. 5(1)(a)
F8: S. 18(5)(aa) inserted (1.11.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 10 para. 7(2)(a); S.I. 2023/1145, reg. 3(k)
F9: Words in s. 18(6) substituted (1.11.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 10 para. 7(2)(b); S.I. 2023/1145, reg. 3(k)
F10: S. 18(8)(b) and word 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. 34(5), 42(1)(c)

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)