PART 2 E+W STANDARDS OF CONDUCT OF MEMBERS OF THE SENEDD

Senedd Commissioner for Standards E+W

22 Senedd Commissioner for Standards: investigations E+W

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

(2) After section 10A (power of the Commissioner to investigate on own initiative) (inserted by section 20 of this Act) insert—

“10B Publication of information about investigations

(1) The Commissioner may publish information—

(a) confirming that an investigation to which this section applies is being conducted;

(b) identifying the Member of the Senedd who is the subject of the investigation;

(c) describing in general terms the matter under investigation;

(d) confirming that an investigation has been concluded, suspended or re-opened.

(2) This section applies to—

(a) an investigation under section 10 on which the Commissioner will report to the Senedd on the outcome of the investigation, and

(b) an investigation under section 10A.

(3) Information published under this section must not include—

(a) the identity of the person who made the complaint or information that would allow the person to be identified,

(b) any evidence obtained by the Commissioner in the course of the investigation, or

(c) any opinion, inference or indication as to whether the complaint is well‑founded.

(4) Before publishing information under this section, the Commissioner must have regard to—

(a) the interests of fairness,

(b) the need to avoid prejudice to any criminal investigation or proceedings, and

(c) the need to avoid harm to any person.

(5) The Standing Orders or rules relating to the consideration of complaints against Members of the Senedd which have been adopted by the Senedd under the Standing Orders may specify categories of investigation in respect of which information must not be published under this section.

(6) Nothing in this section limits any other power of the Commissioner to publish or otherwise disclose information.”

(3) In section 11 (power to call for witnesses and documents)—

(a) in the heading, for “witnesses and documents” substitute “evidence”;

(b) in subsection (1)—

(i) in paragraph (a), omit “or”;

(ii) in paragraph (b), after “person” insert “or

(c) to give evidence to the Commissioner in writing, verified by a statement of truth,”;

(c) after subsection (1) insert—

“(1A) The power under subsection (1)(a) includes the power to require a person to attend before the Commissioner—

(a) in person,

(b) through a live video link, or

(c) through a live audio link.”

(4) In section 12 (witnesses and documents: notice)—

(a) in the heading, for “Witnesses and documents” substitute “Evidence”;

(b) before subsection (1), insert—

“(A1) A requirement under section 11(1)(a) may only be imposed on a person by the Commissioner giving the person notice in writing specifying—

(a) the time and date on which the person is to attend before the Commissioner,

(b) if the Commissioner requires attendance in person, the place at which attendance is required,

(c) if the Commissioner requires attendance through a live video link or a live audio link, details of how the person may take part in the live video link or live audio link, and

(d) the particular subjects on which the person is required to give evidence.”

(c) in subsection (1)—

(i) for “11” substitute “11(1)(b)”;

(ii) omit paragraph (a);

(d) after subsection (1) insert—

“(1A) A requirement under section 11(1)(c) may only be imposed on a person by the Commissioner giving the person notice in writing specifying—

(a) the date on which the evidence must be given,

(b) the address to which the evidence may be sent (whether by hand, by post or electronically),

(c) the particular subjects on which the person is required to give evidence or the specific questions the person must answer in the evidence, and

(d) the requirement to verify the evidence by a statement of truth.”;

(e) omit subsections (2) and (3);

(f) after subsection (1A) (as inserted by paragraph (d)) insert—

“(2) Notice under this section may be given by—

(a) handing it to the person,

(b) leaving it at the person’s proper address,

(c) sending it by post to the person at that address, or

(d) sending it by email to the person’s email address.

(3) Notice is given in accordance with subsection (2)(a)—

(a) if the person is a body corporate, by handing it to an officer of the body,

(b) if the person is a partnership, by handing it to a partner, or

(c) if the person is an unincorporated association other than a partnership, by handing it to a member of the governing body of the association.

(4) For the purposes of subsection (2)(b) and (c), the proper address of a person is—

(a) in the case of a body corporate, the address of the body’s registered or principal office in the United Kingdom;

(b) in the case of a partnership, the address of the principal office of the partnership in the United Kingdom;

(c) in any other case, the last known address of the person (whether of the person’s residence or of a place where the person carried on business or is employed) or, if the person has provided an address at which notice may be given under this section, that address.

(5) For the purposes of subsection (2)(d)—

(a) a person’s email address is—

(i) any email address published for the time being by that person as an address for contacting that person, or

(ii) if there is no such published address, any email address at which the person has agreed to receive notice under this section;

(b) a notice sent by email is treated as given 48 hours after it was sent, unless the contrary is proved.

(6) In this section—

• “agreed” (“wedi cytuno”) means agreed in writing;

• “officer” (“swyddog), in relation to a body corporate, means a director, manager, secretary or other similar officer of the body.”

(5) In section 13 (oaths and affirmations)—

(a) the words “any person giving evidence to the Commissioner, and” become sub-paragraph (i);

(b) after sub-paragraph (i) insert—

“(ii) any person acting as a translator or interpreter in connection with evidence given to the Commissioner, and”.

(6) In section 15 (offences)—

(a) in subsection (1)—

(i) in paragraph (a), after “notice,” insert “or”;

(ii) omit paragraphs (c) and (d);

(b) after subsection (1) insert—

“(1A) A person to whom a notice has been issued under section 12(1) commits an offence if that person—

(a) refuses or fails without reasonable excuse to produce any document required to be produced by the notice, or

(b) intentionally alters, suppresses, conceals or destroys any such document.

(1B) A person to whom a notice has been given under section 12(1A) commits an offence if that person refuses or fails without reasonable excuse—

(a) to give evidence concerning the subjects specified in the notice,

(b) to answer any question in the notice, or

(c) to verify the evidence with a statement of truth.”

(c) in subsection (2), for “Subsection (1) is” substitute “Subsections (1), (1A) and (1B) are”;

(d) in subsection (4), for “(1)(a), (b) or (c) or under subsection” substitute “(1), (1A), (1B) or”;

(e) in paragraph (5)(a), omit “not exceeding level 5 on the standard scale”.

(7) In section 20(1) (interpretation), in the appropriate places insert—

• ““live audio link” (“cyswllt sain byw”), in relation to the giving of evidence to the Commissioner, means a live telephone link or other arrangement which enables the person giving evidence, the Commissioner and any other person participating in the proceedings to hear one another;”;

• ““live video link“ (“cyswllt fideo byw), in relation to the giving of evidence to the Commissioner, means a live television link or other arrangement which enables the person giving evidence, the Commissioner and any other person participating in the proceedings to see and hear one another;”.

Commencement Information

I1 S. 22 in force at 28.4.2026, see s. 26(1)