Senedd and Elections (Wales) Act 2020

29 Disqualification from being a Member of the Senedd E+W

(1) Section 16 of the 2006 Act (disqualification from being Assembly member) is amended as follows.

(2) Before subsection (1) insert—

“(A1) A person is disqualified from being a Member of the Senedd, and from being a candidate to be a Member of the Senedd, if that person—

(a) falls within any of the categories of person specified in Part 1 of Schedule 1A, or

(b) holds any of the offices specified in the Table in Part 2 of Schedule 1A.”

(3) In subsection (1)—

(a) for the words before paragraph (za) substitute—

“(1) A person is disqualified from being a Member of the Senedd (but not from being a candidate to be a Member of the Senedd) if that person—”;

(b) after paragraph (za), insert—

“(zb) is a member of the House of Lords (but see section 17C),

(zc) is a member of the council of a county or county borough in Wales (but see sections 17D, 17E and 17F),

(zd) is a member of the Scottish Parliament,

(ze) is a member of the Northern Ireland Assembly,

(zf) is a member of the European Parliament, or”;

(c) omit paragraph (a);

(d) omit paragraphs (c) to (e).

(4) After subsection (1) insert—

“(1A) A person returned at an election as a Member of the Senedd is not disqualified under subsection (1)(zd), (ze), (zf) or (b) at any time before the person purports to take the oath of allegiance (or make the corresponding affirmation) in compliance with section 23(1) or 55(2).”

(5) Omit subsections (2) to (4).

(6) In subsection (5), for “in that paragraph and this subsection” substitute “ for the purposes of this section ”.

(7) Before Schedule 2 to the 2006 Act, insert the Schedule 1A set out in Schedule 3 to this Act.