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Section 5 Extraordinary general electionsI1

United Kingdom

(1)

The F1Presiding Officer must propose a day for the holding of a poll at an extraordinary general election if subsection (2) or (3) applies.

(2)

This subsection applies if—

(a)

the F2Senedd resolves that it should be dissolved, and

(b)

the resolution of the Senedd is passed on a vote in which the number of F3Members of the Senedd voting in favour of it is not less than two-thirds of the total number of Senedd seats.

(3)

This subsection applies if any period during which the Senedd is required under section 47 to nominate F4a Member of the Senedd for appointment as the First Minister ends without such a nomination being made.

(4)

If the F5Presiding Officer proposes a day under subsection (1), Her Majesty may by F6proclamation under the Welsh Seal—

(a)

dissolve the Senedd and require an extraordinary general election to be held,

(b)

require the poll at the election to be held on the day proposed, and

(c)

require the Senedd to meet within the period of F7fourteen days beginning immediately after the day of the poll.

(5)

If a poll is held under this section within the period of six months ending with the day on which the poll at the next ordinary general election would be held (disregarding section 4), that ordinary general election is not to be held.

(6)

But subsection (5) does not affect the year in which the subsequent ordinary general election is to be held.

(7)

In calculating any period of days for the purposes of subsection (4)(c), the following days are to be disregarded—

(a)

Saturday and Sunday,

(b)

Christmas Eve, Christmas Day and Good Friday,

(c)

any day which is a bank holiday in Wales under the Banking and Financial Dealings Act 1971 (c. 80), and

(d)

any day appointed for public thanksgiving or mourning.

Annotations

Textual amendments

F1

Words in s. 5(1) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(13), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F2

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))

F3

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))

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

Words in s. 5(4) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(14)(a), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F6

Words in s. 5(4) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(14)(b), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F7

Word in s. 5(4)(c) substituted (coming into force on the day of the first Senedd election at which the poll is held on or after 5.4.2021) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 36(3), 42(5)

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)