Senedd Cymru (Member Accountability and Elections) Act 2026

20 Power of the Senedd Commissioner for Standards to investigate on own initiative E+W

(1) The National Assembly for Wales Commissioner for Standards Measure 2009 (nawm 4) is amended as follows.

(2) After section 10 (investigation of complaints by the Commissioner) insert—

“10A Power of the Commissioner to investigate on own initiative

(1) The Commissioner may investigate the conduct of a Member of the Senedd if the Commissioner—

(a) has reasonable grounds for suspecting that the conduct of the member has, at a relevant time, failed to comply with a requirement of a relevant provision, and

(b) is satisfied that any other conditions that must be met before commencing an investigation that may be prescribed in Standing Orders or rules mentioned in subsection (3)(b) are met (for example rules setting time-limits for commencing an investigation or rules about evidence requirements).

(2) If the Commissioner investigates the conduct of a Member of the Senedd under this section, the Commissioner must, subject to subsection (5), report to the Senedd on the outcome of the investigation.

(3) The Commissioner must conduct any investigation under subsection (1) and report under subsection (2) in accordance with—

(a) the provisions of the Standing Orders, and

(b) any rules relating to investigations conducted under this section which have been adopted by the Senedd under Standing Orders.

(4) Subject to subsection (3), it is for the Commissioner to decide when and how to carry out an investigation and to report on its outcome.

(5) The Commissioner may, in such circumstances as may be prescribed by rules referred to in subsection (3)(b), discontinue an investigation being carried out under this section without reporting on it to the Senedd.

(6) If the Commissioner discontinues an investigation under subsection (5), the Commissioner must notify the Member of the Senedd in question in writing, giving reasons for discontinuing the investigation.

(7) A report by the Commissioner to the Senedd on the outcome of an investigation under this section may not include any recommendation as to what sanction, if any, should be imposed on the Member of the Senedd in question.

(8) If, in the course of carrying out an investigation under this section, the Commissioner becomes aware of any circumstances which give rise to issues of principle or of general practice relevant to the Clerk’s functions under section 138 of the Act (Clerk to be the principal accounting officer for the Commission), the Commissioner must communicate those circumstances in writing to the Clerk.

(9) Standing Orders must make provision for investigations under this section.

(10) In this section, a “relevant time means a time when the requirement in question was in force but it is irrelevant whether the conduct in question is alleged to have taken place before or after this section comes into force.”

Commencement Information

I1 S. 20 in force at 28.4.2026, see s. 26(1)