Rule 75 VacanciesI1

England and Wales

(1)

Where it comes to the notice of the Presiding Officer of the Senedd, referred to in this rule as “the Presiding Officer” that—

(a)

the seat of a Senedd member returned for a Senedd constituency is vacant, and

(b)

the person was returned as an individual candidate,

the Presiding Officer must record in the returns record that there is a vacancy in the Senedd constituency concerned which, in accordance with section 11(2) of the 2006 Act^f1, is to remain vacant until the next Senedd general election.

(2)

Other than when article 102 (election determined to be void by election court) applies, the Presiding Officer must take the steps in paragraph (3) where it comes to the notice of the Presiding Officer that—

(a)

the seat of a member returned for a Senedd constituency is vacant, and

(b)

the person was returned as a party list candidate.

(3)

The Presiding Officer must record the vacancy in the returns record and send to the returning officer for the Senedd constituency in which the vacancy has arisen a notice—

(a)

stating that a vacancy exists, and

(b)

setting 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 the person was included.

(4)

After receiving a notice under paragraph (3), the returning officer must, without delay—

(a)

ascertain from the list submitted at the previous Senedd general election by the registered political party named in the notice, the name and address of the person whose name now appears highest on that list (“the prospective member”), and

(b)

take such steps as appear to be reasonable to the returning officer to—

(i)

contact the prospective member (“P”) to ask whether P will state that P is willing to serve as a Senedd member for the constituency concerned, and

(ii)

contact the registered nominating officer of the registered political party on whose list P is included, and notify that officer of the action the returning officer is taking under paragraph (i).

(5)

When contacting P in accordance with paragraph (4)(b)(i), the returning officer must advise P of the date by which the returning officer must receive P’s written response confirming whether P is willing to serve as a Senedd member for the constituency concerned, which must be 21 days after the day on which the returning officer contacts P.

(6)

When contacting the registered nominating officer in accordance with paragraph (4)(b)(ii), the returning officer must inform the registered nominating officer of the date by which P has been advised to confirm that P is willing to serve as a Senedd member for the constituency concerned.

(7)

P must be treated as ceasing to be included on a list for the purposes of filling a vacancy where—

(a)

the returning officer decides that the steps taken to contact P have been unsuccessful,

(b)

the returning officer has not received written confirmation from P that P is willing to serve as a member for the Senedd constituency concerned within the timeframe specified in accordance with paragraph (5),

(c)

P has stated in writing that P is not willing to so serve as a member for the Senedd constituency concerned, or

(d)

where both of the circumstances set out in paragraph (8) apply.

(8)

The circumstances referred to in paragraph (7)(d) are that—

(a)

the returning officer is satisfied that P is not a member of the registered political party on whose list P is included, and

(b)

within the timeframe specified in accordance with paragraph (5), the returning officer receives notice signed by the registered nominating officer of that party that P’s name is not to be notified to the Presiding Officer as the name of the person who is to fill the vacancy.

(9)

Where, in accordance with paragraph (7), P is treated as ceasing to be included on a list for the purposes of filling a vacancy, the returning officer must without delay—

(a)

repeat the procedure required by paragraph (4) in respect of the person, if any, whose name and address appears next highest on that list, and paragraphs (5) to (8) and this paragraph also apply with respect to that person, and

(b)

notify the Presiding Officer that P will not be filling the vacancy and that the procedure is to be repeated in respect of the person, if any, whose name and address appears next highest on that list.

(10)

The returning officer must continue to repeat the procedure until the returning officer has notified the Presiding Officer of the name of the person who is to fill the vacancy or that the names on that list are exhausted.

(11)

Subject to paragraphs (7)(d) and (8), where, in response to the question from the returning officer under paragraph (4)(b)(i), including that paragraph as applied by paragraph (9)(a), P states in writing that they are willing to serve as a member for the Senedd constituency concerned, the returning officer must, unless paragraph (12) applies, without delay—

(a)

complete a certificate in form 23 set out in Welsh and English in Schedule 10, and

(b)

deliver it, or cause it to be delivered, to the Presiding Officer.

(12)

Where, before the end of the timeframe prescribed in paragraph (5)—

(a)

P states in writing that P is willing to serve,

(b)

the circumstances in paragraph (8) do not apply, and

(c)

P advises the returning officer that P has made a successful application to register as a local government elector in Wales under section 10ZC of the 1983 Act^f2, but the application will not have effect until after the timeframe prescribed in paragraph (5),

the returning officer must complete the steps required by paragraph (11) as soon as practical after P’s application has effect.

(13)

For the purposes of paragraph (12)(c), P must provide the returning officer with a copy of the notification provided to P confirming that P’s application has been successful and the date on which the application has effect.

(14)

The returning officer must, without delay, also give public notice of the name—

(a)

of the member to be returned, and

(b)

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

(15)

Where, following the application of this rule the seat continues to be vacant, the returning officer must, without delay—

(a)

give public notice that the vacancy cannot be filled and that the seat will remain vacant until the next Senedd general election by virtue of section 11(7) of the 2006 Act^f3,

(b)

complete a certificate in form 24 set out in Welsh and English in Schedule 10, and

(c)

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

(16)

Where the Presiding Officer receives a certificate from a returning officer under paragraph (11), the Presiding Officer must record in the returns record—

(a)

the name of the person specified in a notice who is to fill the vacancy,

(b)

the name of the relevant Senedd constituency, and

(c)

the date on which the Presiding Officer received the notice.

(17)

Where the Clerk receives a certificate from a returning officer under paragraph (15)(c), the Clerk must record in the returns record that there is a vacancy in the Senedd constituency concerned which, under section 11(7) of the 2006 Act is to remain vacant until the next Senedd general election.

(18)

In this rule, “the returns record” means the record kept in accordance with rule 74(1).

Annotations

Commencement

I1: Sch. 5 rule 75 in force at 18.7.2025, see art. 1(2)

Footnotes

f1: Section 11(2) was substituted by section 9 of the Senedd Cymru (Members and Elections) Act 2024 (asc 4).
f2: Section 10ZC was inserted by section 1 of the Electoral Registration and Administration Act 2013 (c. 6), and was subsequently amended by section 7 of the Wales Act 2017 (c. 4).
f3: Section 11(7) was substituted by section 9 of the Senedd Cymru (Members and Elections) Act 2024 (asc 4).