Section 36 IntegrityI1

United Kingdom

(1)

The standing orders must include provision—

(a)

for a register of interests of F1Members 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 F2Member 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 F3Senedd proceedings relating to that matter.

(4)

The standing orders may include provision for preventing or restricting the participation in any Senedd proceedings of F4a 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.

F5(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 F6... include the Counsel General, if not a Member of the Senedd, and

(b)

“financial interest” includes a benefit in kind.

Annotations

Textual amendments

F1: 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))
F2: 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))
F3: 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))
F4: 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))
F5: S. 36(6) omitted (24.8.2024) by virtue of Senedd Cymru (Members and Elections) Act 2024 (asc 4), ss. 10(6)(a), 25(2)(b) (with s. 24(1))
F6: Words in s. 36(11)(a) omitted (24.8.2024) by virtue of Senedd Cymru (Members and Elections) Act 2024 (asc 4), ss. 10(6)(b), 25(2)(b) (with s. 24(1))

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)