OpenLegislation

Section 10 Investigation by the Commissioner of complaints and self-referrals by Members of the SeneddF11I1

(1)

The Commissioner must investigate complaints F1and self-referrals by Members of the Senedd and must, subject to subsection (3), report to the F2Senedd on the outcome of investigations, in accordance with—

(a)

the provisions of the Standing Orders, and

(b)

any rules relating to the consideration of complaints against F3, or self-referrals by, F4Members of the Senedd which have been adopted by the Senedd under the Standing Orders.

F5(1A)

The rules mentioned in subsection (1)(b) may prescribe conditions which the Commissioner must be satisfied are met before the Commissioner conducts an investigation under this section (for example, provision about form and contents of a complaint or self-referral by a Member of the Senedd, setting time-limits for commencing an investigation or rules about evidence requirements).

(2)

Subject to subsection (1), it is for the Commissioner to decide when and how to carry out an investigation and to report on its outcome.

(3)

The Commissioner may, in such circumstances as may be prescribed by rules referred to in subsection (1)(b), dismiss a complaint F6or self-referral by a Member of the Senedd summarily without reporting on it to the Senedd but must instead notify in writing the F7Member of the Senedd in question and F8, in the case of a complaint, the person who made the complaint, giving reasons for the dismissal.

(4)

A report by the Commissioner to the Senedd on the outcome of an investigation may not include any recommendation as to what sanction, if any, should be imposed on the Member of the Senedd in question.

(5)

If, in the course of carrying out an investigation F9under this section, the Commissioner becomes aware of any circumstances which—

(a)

give rise to issues of principle or of general practice relevant to the Clerk's functions under section 138 of the Act (Clerk to be the principal accounting officer for the Commission), or

(b)

could, upon further consideration by the Clerk, give rise to a duty on the Clerk under section 9,

the Commissioner must communicate those circumstances in writing to the Clerk.

F10(6)

Standing Orders must make provision for investigations under this section.

Annotations

Textual amendments

F1

Words in s. 10(1) inserted (28.4.2026) by Senedd Cymru (Member Accountability and Elections) Act 2026 (asc 9), s. 26(1), Sch. para. 5(6)(b)(i)

F2

Word in Measure substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), Sch. 1 para. 3(12) (with Sch. 1 para. 3(6)(7))

F3

Words in s. 10(1)(b) inserted (28.4.2026) by Senedd Cymru (Member Accountability and Elections) Act 2026 (asc 9), s. 26(1), Sch. para. 5(6)(b)(ii)

F4

Words in Measure substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), Sch. 1 para. 3(10) (with Sch. 1 para. 3(6)(7))

F5

S. 10(1A) inserted (28.4.2026) by Senedd Cymru (Member Accountability and Elections) Act 2026 (asc 9), s. 26(1), Sch. para. 5(6)(c)

F6

Words in s. 10(3) inserted (28.4.2026) by Senedd Cymru (Member Accountability and Elections) Act 2026 (asc 9), s. 26(1), Sch. para. 5(6)(d)(i)

F7

Words in Measure substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), Sch. 1 para. 3(9) (with Sch. 1 para. 3(6)(7))

F8

Words in s. 10(3) inserted (28.4.2026) by Senedd Cymru (Member Accountability and Elections) Act 2026 (asc 9), s. 26(1), Sch. para. 5(6)(d)(ii)

F9

Words in s. 10(5) inserted (28.4.2026) by Senedd Cymru (Member Accountability and Elections) Act 2026 (asc 9), s. 26(1), Sch. para. 5(6)(e)

F10

S. 10(6) inserted (28.4.2026) by Senedd Cymru (Member Accountability and Elections) Act 2026 (asc 9), s. 26(1), Sch. para. 5(6)(f)

F11

Words in s. 10 heading substituted (28.4.2026) by Senedd Cymru (Member Accountability and Elections) Act 2026 (asc 9), s. 26(1), Sch. para. 5(6)(a)

Commencement

I1

S. 10 comes into force in accordance with s. 21(2)(b)(3)