The Senedd Cymru (Letters Patent and Proclamations) Order 2021

Statutory Instruments

2021 No. 141

Constitutional Law

Devolution, Wales

The Senedd Cymru (Letters Patent and Proclamations) Order 2021

Made

10th February 2021

Laid before Senedd Cymru

11th February 2021

Coming into force

4th March 2021

At the Court at Windsor Castle, the 10th day of February 2021

Present,

The Queen’s Most Excellent Majesty in Council

Her Majesty, in exercise of the powers conferred on Her by section 116(3) of the Government of Wales Act 2006(1), is pleased, by and with the advice of Her Privy Council, to order as follows:

Title, commencement and interpretation

1.—(1) The title of this Order is the Senedd Cymru (Letters Patent and Proclamations) Order 2021 and it comes into force on 4th March 2021.

(2) In this Order—

(a) “the 2006 Act” means the Government of Wales Act 2006;

(b) “Letters Patent” means Letters Patent signed with Her Majesty’s own hand signifying Her Assent to a Bill passed by Senedd Cymru;

(c) “proclamations” means royal proclamations under sections 4(2) and 5(4) of the 2006 Act.

Form of Letters Patent and proclamations

2.  The form of words to be used—

(a) in Letters Patent is that set out in Part 1 of the Schedule to this Order,

(b) in proclamations under section 4(2) of the 2006 Act is that set out in Part 2 of that Schedule, and

(c) in proclamations under section 5(4) of the 2006 Act is that set out in Part 3 of that Schedule,

subject only to such variations as are necessitated by the circumstances.

Preparation of Letters Patent and proclamations

3.  Letters Patent and proclamations may be printed or written or partly printed and partly written, and may be prepared on paper or parchment.

Publication of Letters Patent and proclamations

4.—(1) As soon as is reasonably practicable after Letters Patent under the Welsh Seal are notified to the Clerk of the Senedd, the Keeper of the Welsh Seal must arrange for the Letters Patent to be published in the London, Edinburgh and Belfast Gazettes.

(2) Proclamations must be published in the London, Edinburgh and Belfast Gazettes.

Revocation of the National Assembly for Wales (Letters Patent) Order 2011

5.  The National Assembly for Wales (Letters Patent) Order 2011(2) is revoked.

Richard Tilbrook

Clerk of the Privy Council

Article 2

SCHEDULE Form of documents

PART 1 Letters Patent

“ELIZABETH THE SECOND by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen Head of the Commonwealth Defender of the Faith To Our Trusty and well beloved the Members of the Senedd GREETING:

FORASMUCH as one or more Bills have been passed by Senedd Cymru and have been submitted to Us for Our Royal Assent by the Presiding Officer of Senedd Cymru in accordance with the Government of Wales Act 2006 the short Titles of which Bills are set forth in the Schedule hereto but those Bills by virtue of the Government of Wales Act 2006 do not become Acts of Senedd Cymru nor have effect in the Law without Our Royal Assent signified by Letters Patent under Our Welsh Seal signed with Our own hand We have therefore caused these Our Letters Patent to be made and have signed them and by them do give Our Royal Assent to those Bills which shall be taken and accepted as good and perfect Acts of the Senedd and be put in due execution accordingly COMMANDING ALSO the Keeper of Our Welsh Seal to seal these Our Letters with that Seal.

IN WITNESS WHEREOF We have caused these Our Letters to be made Patent

WITNESS Ourself at . . . the . . . day of. . . in the . . . year of Our Reign

By The Queen Herself Signed with Her Own Hand.”

PART 2 Proclamations under section 4(2) of the 2006 Act

“BY THE QUEEN A PROCLAMATION

DISSOLVING SENEDD CYMRU AND SETTING THE DATE OF THE POLL AT THE SUBSEQUENT ORDINARY GENERAL ELECTION.

Whereas, under section 4(2) of the Government of Wales Act 2006, if the Presiding Officer of Senedd Cymru proposes to Us a day for the holding of the poll at an ordinary general election for membership of the Senedd which is not more than one month earlier, nor more than one month later, than the first Thursday in May in the fifth calendar year following that in which the previous ordinary general election was held, We have power by proclamation under Our Welsh Seal to dissolve Senedd Cymru and to require the poll at the ordinary general election for membership of the Senedd to be held on the day proposed:

And Whereas the said Presiding Officer has, in accordance with the said section 4(2), proposed [insert the day proposed by the Presiding Officer] as a day for the holding of the poll:

We, therefore, in pursuance of the said section 4(2) and of all other powers enabling Us in that behalf do hereby proclaim, direct and ordain as follows—

1. Senedd Cymru is hereby dissolved.

2. The poll at the ordinary general election for membership of the Senedd shall be held on [insert the day proposed by the Presiding Officer].

3. The Keeper of Our Welsh Seal is commanded to seal this proclamation with Our Welsh Seal.

Given at Our Court at … this … day of… in the year of our Lord… and in the… year of Our Reign.”

PART 3 Proclamations under section 5(4) of the 2006 Act

“BY THE QUEEN A PROCLAMATION

DISSOLVING SENEDD CYMRU, REQUIRING AN EXTRAORDINARY GENERAL ELECTION TO BE HELD, SETTING THE DATE OF THE POLL AT THAT ELECTION AND REQUIRING THE SENEDD TO MEET WITHIN SEVEN DAYS THEREAFTER.

Whereas, under section 5(4) of the Government of Wales Act 2006, if the Presiding Officer of Senedd Cymru proposes to Us a day for the holding of a poll in the circumstances set out in section 5(2) and (3) of that Act, We have power by proclamation under Our Welsh Seal to dissolve Senedd Cymru, to require an extraordinary general election for membership of the Senedd to be held, to require the poll at the election to be held on the day proposed, and to require the Senedd to meet within the period of seven days beginning immediately after the day of the poll:

And Whereas the said Presiding Officer has, in accordance with section 5(1) of that Act, proposed [insert the day proposed by the Presiding Officer] as a day for the holding of the poll:

We, therefore, in pursuance of the said section 5(4) and of all other powers enabling Us in that behalf do hereby proclaim, direct and ordain as follows—

1. Senedd Cymru is hereby dissolved.

2. An extraordinary general election for membership of the Senedd shall be held.

3. The poll at that election shall be held on [insert the day proposed by the Presiding Officer].

4. The Senedd shall meet within the period of seven days beginning immediately after that date.

5. The Keeper of Our Welsh Seal is commanded to seal this proclamation with Our Welsh Seal.

Given at Our Court at … this … day of … in the year of our Lord… and in the … year of Our Reign.”

EXPLANATORY NOTE

(This note is not part of the Order)

Section 107(2) of the Government of Wales Act 2006 (c. 32) (“the 2006 Act”) provides that a Bill passed by Senedd Cymru becomes an Act on receipt of Royal Assent.

Section 115(4) of the 2006 Act provides that such a Bill receives Royal Assent when Letters Patent under the Welsh Seal signed with Her Majesty’s own hand signifying Her Assent are notified to the Clerk of the Senedd.

Sections 4(2) and 5(4) of the 2006 Act also confer power on Her Majesty to make a proclamation under the Welsh Seal in circumstances where the Presiding Officer has exercised the power in section 4(1) or 5(1) of the 2006 Act.

This Order prescribes the form of words to be used in Letters Patent signifying Royal Assent to Bills passed by Senedd Cymru and in royal proclamations made under sections 4(2) and 5(4) of the 2006 Act. It also makes provision as to the preparation and publication of those documents.

This Order revokes the previous Order made in 2011.

(1)

2006 c. 32. Section 116 as amended by Schedule 6 to the Wales Act 2017 (c. 4) now includes power to make provision as to the form, manner of preparation, and publication of all royal proclamations under sections 4(2) and 5(4) of the Government of Wales Act 2006. Section 116 was also amended by Schedule 1 to the Senedd and Elections (Wales) Act 2020 (anaw 1) to give effect to the name change of the National Assembly for Wales to Senedd Cymru.

(2)

S.I. 2011/752.