Section 40 GeneralI1

(1)

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

(a)

require any person giving evidence in F1Senedd 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.

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(19) (with Sch. 1 para. 2(11)-(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)