Senedd Cymru (Member Accountability and Elections) Act 2026

3 Trigger event A: meaning of key terms

(1) In section 2(2) (trigger event A)—

(a) the reference to an offence includes an offence committed before the Member of the Senedd became a Member of the Senedd and an offence committed before the day on which section 2 comes into force, but

(b) the reference to a Member of the Senedd being convicted of an offence is only to a Member of the Senedd being convicted of an offence on or after the day on which section 2 comes into force.

(2) The reference in section 2(2) to a Member of the Senedd being sentenced or ordered—

(a) includes the Member of the Senedd being sentenced or ordered where the sentence or order is suspended,

(b) does not include the Member of the Senedd being remanded in custody, and

(c) does not include the Member of the Senedd being authorised to be detained under mental health legislation if there is no sentence or order for imprisonment or detention other than under that legislation.

(3) “Mental health legislation” means—

(a) the Mental Health Act 1983 (c. 20),

(b) Part 6 or section 200(2)(b) of the Criminal Procedure (Scotland) Act 1995 (c. 46), or

(c) the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)).

(4) For the purposes of this Act, the time at which a person becomes a Member of the Senedd is when the member is declared to be returned at the beginning of the member’s current term of office.