Section 9 - Vacant seats
30.Section 9 amends the 2006 Act so as to set out the position regarding vacancies arising between elections (that may arise, for example, as a result of a Member of the Senedd’s resignation) under the closed list proportional system. It repeals section 10 of the 2006 Act (which provided for the holding of by-elections in respect of vacancies in constituency seats) and substitutes section 11 (which originally provided for the filling of vacant seats of regional Senedd Members).
31.Substituted section 11 of the 2006 Act provides that if a seat held by a Member who was returned from a party list becomes vacant, the vacancy is be filled by the highest-placed person on that list who meets the following conditions and who has not already been returned (and for these purposes a void return, which would be the case if the person was disqualified from being a Member of the Senedd at the time of return, counts as a return). The conditions are that the person is willing to serve, and in the case of person who is not a member of the party, the party has not given notice to the constituency returning officer that it does not wish that person to fill the vacancy. It is for the constituency returning officer to notify the Presiding Officer of the name of the person (if any) who is to fill the vacancy.
32.If there are no candidates remaining on the party’s list who are eligible at that time to fill the vacancy, or if the Member of the Senedd whose seat has become vacant was returned as an individual candidate, the seat will remain vacant until the next general election.
