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Section 41 Proceedings by or against Senedd etc.I1F1

United Kingdom

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Proceedings by or against the Senedd are to be instituted by or against the Senedd Commission on behalf of the Senedd.

(2)

Proceedings by or against—

(a)

the Presiding Officer or F2a Deputy Presiding Officer, or

(b)

a member of the staff of the Senedd,

are (unless instituted against or by the Senedd Commission) to be instituted by or against the Senedd Commission on behalf of the Presiding Officer, Deputy Presiding Officer or member of staff.

(3)

In any proceedings against the Senedd the court must not grant a mandatory, prohibiting or quashing order or an injunction, make an order for specific performance or stay the proceedings but may instead make a declaration.

(4)

In any proceedings against—

(a)

any F3Member of the Senedd,

(b)

the Presiding Officer or F4a Deputy Presiding Officer,

(c)

any member of the staff of the Senedd, or

(d)

the Senedd Commission,

the court must not grant a mandatory, prohibiting or quashing order or an injunction, make an order for specific performance or stay the proceedings if the effect of doing so would be to give any relief against the Senedd which could not have been given in proceedings against the Senedd.

(5)

References in this section to an order include an order which is not final.

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))

F2

Words in s. 41(2)(a) substituted (coming into force on the day after the day of the poll for the first general election held after 6.4.2026) by Senedd Cymru (Members and Elections) Act 2024 (asc 4), ss. 4(3)(a), 25(4)

F3

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))

F4

Words in s. 41(4)(b) substituted (coming into force on the day after the day of the poll for the first general election held after 6.4.2026) by Senedd Cymru (Members and Elections) Act 2024 (asc 4), ss. 4(3)(b), 25(4)

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)