Senedd and Elections (Wales) Act 2020

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

(1) Section 17B of the 2006 Act (exception from disqualification by virtue of being a Member of Parliament: general election of Assembly members within 372 days) is amended as follows.

(2) After subsection (3) insert—

“(3A) Where, at the relevant time, section 3(1A) prevents the poll at the next ordinary general election being held on the day specified in section 3(1)—

(a) if an order under section 3(1B) has been made, the expected day is the day on which the poll is required to be held in accordance with section 3(1B);

(b) if no order under section 3(1B) has been made, the expected day is the day on which the poll would be held in accordance with section 3(1) if section 3(1A) were disregarded.

(3B) Where, at the relevant time, the Presiding Officer has proposed a day for the holding of the poll at the next ordinary general election under section 4(1)—

(a) if a proclamation under section 4(2) has been issued, the expected day is the day on which the poll is required to be held in accordance with that proclamation;

(b) if no proclamation under section 4(2) has been issued, the expected day is the day proposed under section 4(1).”

(3) In subsection (4)—

(a) in paragraph (a)—

(i) for “an Order in Council under section 5(4) has been made” substitute “a proclamation under section 5(4) has been issued”;

(ii) for “Order”, in the second place where it appears, substitute “proclamation”;

(b) in paragraph (b), for “Order in Council under section 5(4) has been made” substitute “proclamation under section 5(4) has been issued”.

(4) In subsection (5)(a), for “an order under section 4 (power to vary date of ordinary general election) being made” substitute “a day being proposed under section 4(1) (power to vary date of ordinary general election)”.