Paragraph 67 Vacancies: return of electoral region members

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

Sch. 5 modified by National Assembly for Wales (Representation of the People) 2003 Sch. 4 Pt. 2
Sch. 5 para. 12(5) words substituted by Civil Partnership Act 2004 (Amendments to Subordinate Legislation) 2005 art. 2(11) Sch. 11 para. 1(7)(a)
Sch. 5 para. 40(5)(a) words substituted by Civil Partnership Act 2004 (Amendments to Subordinate Legislation) 2005 art. 2(11) Sch. 11 para. 1(7)(b)
Sch. 5 para. 40(5)(b) words substituted by Civil Partnership Act 2004 (Amendments to Subordinate Legislation) 2005 art. 2(11) Sch. 11 para. 1(7)(c)
Sch. 5 para. 40(6)(a) words substituted by Civil Partnership Act 2004 (Amendments to Subordinate Legislation) 2005 art. 2(11) Sch. 11 para. 1(7)(d)
Sch. 5 para. 40(6)(b) words substituted by Civil Partnership Act 2004 (Amendments to Subordinate Legislation) 2005 art. 2(11) Sch. 11 para. 1(7)(e)
Sch. 5 para. 44(3)(b) words substituted by Civil Partnership Act 2004 (Amendments to Subordinate Legislation) 2005 art. 2(11) Sch. 11 para. 1(7)(f)
Sch. 5 para. 49(7)(b) words substituted by Civil Partnership Act 2004 (Amendments to Subordinate Legislation) 2005 art. 2(11) Sch. 11 para. 1(7)(g)
Sch. 5 para. 50(1) words substituted by National Assembly for Wales (Representation of the People) 2006 art. 8(a)
Sch. 5 para. 50(6A)(6B) inserted by National Assembly for Wales (Representation of the People) 2006 art. 8(b)

(1)

Other than where article 100 applies, where it comes to the notice of the presiding officer of the Assembly that the seat of an Assembly member returned from a party list for an Assembly electoral region is vacant, he shall forthwith send a notice in accordance with sub-paragraph (2) to the returning officer for the Assembly electoral region.

(2)

A notice under sub-paragraph (1) shall—

(a)

state that a vacancy exists, and

(b)

set out the name of the person who had been returned to fill that seat, together with the name of the registered political party on whose list he was included.

(3)

Where a regional returning officer receives a notice under sub-paragraph (1), he shall ascertain from the list submitted at the previous ordinary election by the registered political party named in the notice the name and address of the person whose name appears highest on that list (“the prospective member”).

(4)

The regional returning officer shall take such steps as appear to him to be reasonable—

(a)

to contact the prospective member to ask whether he will state that he is willing to serve as an Assembly member for the Assembly electoral region, and

(b)

to contact the registered nominating officer of the registered political party on whose list that person is included and notify that officer of the action he is taking under paragraph (a).

(5)

Where—

(a)

within such period as the regional returning officer considers reasonable-—

(i)

he decides that the steps he has taken to contact the prospective member have been unsuccessful, or

(ii)

he has not received from the prospective member a statement that he is willing to serve as an Assembly member for the Assembly electoral region,

(b)

the prospective member has stated he is not willing to so serve as an Assembly member, or

(c)

the regional returning officer—

(i)

is satisfied that the prospective member is not a member of the registered political party on whose list he is included, and

(ii)

receives notice from that party under section 9(4)(b) of the 1998 Act (the prospective member’s name is not to be notified to the presiding officer of the Assembly as the name of the person who is to fill the vacancy),

the prospective member shall be treated as ceasing to be included on that list.

(6)

Where a person is so treated, the regional returning officer shall repeat the procedure required by sub-paragraph (4) in respect of the person (if any) whose name and address appears next highest on that list: and sub-paragraph (5) and this sub-paragraph shall also apply with respect to that person.

(7)

The regional returning officer shall continue to repeat the procedure until the seat is filled or the names on that list are exhausted.

(8)

Subject to sub-paragraph (5)(c), where a prospective member states in writing in response to the question from the regional returning officer under sub-paragraph (4)(a) (including that sub-paragraph as applied by sub-paragraph (6)) that he is willing to serve as an Assembly member for the Assembly electoral region, the regional returning officer shall forthwith declare that person to be returned as a member for the Assembly electoral region; but the date (in accordance with section 9(6) of the 1998 Act) on which he shall be treated as declared to be returned shall be the day on which notification of his name is received by the presiding officer of the Assembly under section 9(2) of the 1998 Act.

(9)

The regional returning officer shall forthwith give public notice of the name—

(a)

of the member declared to be returned, and

(b)

of the registered political party for which such a member was a party list candidate.

(10)

The regional returning officer (as well as notifying to the presiding officer of the Assembly the name of the person who is to fill that vacancy under section 9(2) of the 1998 Act) shall also forthwith return the names referred to in sub-paragraph (9) by—

(a)

completing a certificate in the form set out in English and Welsh in the Appendix, and

(b)

delivering it, or causing it to be delivered, to the Assembly.

(11)

Where following the application of this paragraph the seat continues to be vacant the regional returning officer shall forthwith—

(a)

give public notice that the vacancy cannot be filled and that the seat (in accordance with section 9(7)(b) of the 1998 Act) is to remain vacant until the next ordinary election,

(b)

complete a certificate in the form set out in English and Welsh in the Appendix, and

(c)

deliver it, or cause it to be delivered, to the Assembly.