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Senedd and Elections (Wales) Act 2020

Section 31 – Exception from disqualification by virtue of being a Member of Parliament: changes to the dates of general elections of Members of the Senedd

108.Section 17B of the 2006 Act provides an exception from disqualification for an Assembly Member returned as a Member of Parliament within 372 days of the expected day of the next general election of Assembly Members. For the purpose of section 17B of the 2006 Act, the expected day of the next general election of Assembly Members is to be determined by reference to the circumstances at the beginning of the day of the return of the Assembly Member as a Member of Parliament. This is referred to as “the relevant time”.

109.Section 31 amends section 17B of the 2006 Act so that it reflects the amendments made by the Wales Act 2017 to sections 3 and 4 of the 2006 Act, specifically in relation to the methods by which the date of an Assembly election may be moved.

110.Section 31 also amends section 17B(4) of the 2006 Act to replace an incorrect reference to ‘an Order in Council’ to a proclamation to ensure consistency with section 5 of the 2006 Act as amended by the Wales Act 2017.

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