Prospective

PART 1 E+W RECALL OF MEMBERS OF THE SENEDD

Date of recall poll and notice E+W

6 Presiding Officer’s duty to fix date for recall poll and give notice of trigger event E+W

(1) As soon as reasonably practicable after becoming aware that a trigger event has occurred in relation to a Member of the Senedd, the Presiding Officer must—

(a) fix the date for the recall poll in accordance with subsection (4), and

(b) notify the constituency returning officer for the member’s Senedd constituency in accordance with subsection (5).

(2) But subsection (1) does not apply if it would require the Presiding Officer to fix a date for the recall poll at a time—

(a) within the period of 6 months ending with the day on which the poll at the next ordinary general election of Senedd Cymru would be held (disregarding section 4 of the Government of Wales Act 2006 (c. 32) (“the 2006 Act”)),

(b) after the day on which the poll at the next ordinary general election of Senedd Cymru would be held (disregarding section 4 of the 2006 Act),

(c) when the Member of the Senedd is already subject to a recall poll, or

(d) when the Member of the Senedd’s seat has already been vacated.

(3) For the purposes of subsection (2)(c), a Member of the Senedd is “subject to a recall poll” during the period beginning with the giving of a notice under this section in relation to the Member of the Senedd and ending with—

(a) the receipt by the constituency returning officer of a notice under section 8(5) (early termination of recall poll) in relation to the recall poll in question, or

(b) the constituency returning officer declaring the result of a recall poll in accordance with section 12(2).

(4) The date fixed for the recall poll must fall within the period of three months beginning with the day the Presiding Officer gives notice under this section.

(5) A notice under this section must specify—

(a) the name of the Member of the Senedd in respect of whom the trigger event has occurred,

(b) the date on which it is given,

(c) which of the two kinds of trigger event have occurred in relation to the Member of the Senedd,

(d) information about the trigger event that has occurred in relation to the Member of the Senedd in accordance with any provision made by regulations under section 11, and

(e) the date fixed for the recall poll.

(6) For the purposes of this Act, a notice under this section—

(a) is to be treated as given on the date specified in it under subsection (5)(b), and

(b) is to be treated as received by the constituency returning officer on the first working day after the day on which it is given.

(7) References in this Act to a “Presiding Officer’s notice” are to a notice under this section.

Commencement Information

I1 S. 6 not in force at Royal Assent, see s. 26(3)