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National Assembly for Wales Commissioner for Standards Measure 2009

2009 nawm 4

A MEASURE of the National Assembly for Wales to establish a Commissioner to investigate complaints about the conduct of Assembly Members and to report to the Assembly on the outcome of such investigation; and for connected purposes.

This Measure, passed by the National Assembly for Wales on 14 October 2009 and approved by Her Majesty in Council on 9 December 2009, enacts the following provisions:—

The [F1Senedd] Commissioner for StandardsE+W

Textual Amendments

F1Word in s. 1 cross-heading substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 3(2)

1The CommissionerE+W

(1)There is to be a [F2Senedd] Commissioner for Standards (in this Measure referred to as “the Commissioner”).

(2)The Commissioner is to be appointed by the [F3Senedd].

(3)A person is not eligible to be appointed as the Commissioner if that person—

(a)is [F4a Member of the Senedd],

(b)has been [F4a Member of the Senedd] at any time F5...,

[F6(ba)is a member, or has been a member at any time, of—

(i)the House of Commons,

(ii)the House of Lords,

(iii)the Scottish Parliament,

(iv)the Northern Ireland Assembly,

(bb)holds or has held at any time the office of police and crime commissioner for a police area in Wales or England,

(bc)is a member, or has been a member at any time, of the council of a county or county borough in Wales,

(bd)is a member, or has been a member at any time during the period of 2 years prior to the date when the appointment is to take effect, of the council of a community in Wales,]

(c)is a member of staff of the [F3Senedd],

(d)has been a member of the staff of the [F3Senedd] at any time during the period of 2 years prior to the date when the appointment is to take effect,

(e)is a member of the staff of the Welsh F7... Government, F8...

(f)has been a member of the staff of the Welsh F9... Government at any time during the period of 2 years prior to the date when the appointment is to take effect,

[F10(g)is engaged by a Member of the Senedd under a contract of service or a contract for services in connection with the carrying out of the member’s functions,

(h)has been engaged by a Member of the Senedd, under a contract of service or a contract for services in connection with the carrying out of the member’s functions at any time during the period of 2 years prior to the date when the appointment is to take effect,

(i)is engaged by a registered political party under a contract of service or a contract for services, or

(j)has been engaged by a registered political party under a contract of service or a contract for services at any time during the period of 2 years prior to the date when the appointment is to take effect.]

(4)The Commissioner is to be appointed for a term of 6 years.

(5)A person who has held office as the Commissioner may not be appointed for a further term (whether consecutive or not).

(6)A person who has been appointed as the Commissioner may at any time—

(a)resign by notice given to the [F3Senedd], or

(b)be removed from office by the [F3Senedd].

(7)A person may not be removed from office as the Commissioner under subsection (6)(b) unless—

(a)the [F3Senedd] so resolves, and

(b)if the resolution is passed on a vote, the number of votes cast in favour of the resolution is not less than two thirds of the total number of votes cast.

(8)The appointment of a person as Commissioner ceases if that person—

F11(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F12(aa)becomes a member of—

(i)the House of Commons,

(ii)the House of Lords,

(iii)the Scottish Parliament,

(iv)the Northern Ireland Assembly, or

(v)the council of a county, county borough or community in Wales,

(ab)becomes a police and crime commissioner for a police area in Wales or England,]

(b)is appointed as, or designated to exercise the functions of, the Counsel General under section 49 of the Act, F13...

(c)is appointed to be a member of the staff of the [F3Senedd] or of the Welsh F14... Government,

[F15(d)is engaged by a Member of the Senedd under a contract of service or a contract for services in connection with the carrying out of the member’s functions, or

(e)is engaged by a registered political party under a contract of service or a contract for services.]

[F16(9)In this section, “registered political party means a party registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 (c. 41).]

Textual Amendments

F2Word in s. 1(1) substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 7, 42(2)

F7Word in s. 1(3)(e) omitted (6.5.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 3(3)(a)

F9Word in s. 1(3)(f) omitted (6.5.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 3(3)(a)

F11S. 1(8)(a) omitted (with effect in accordance with s. 42(1)(c) of the amending Act) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), s. 35(3)

F14Word in s. 1(8)(c) omitted (6.5.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 3(3)(b)

2Principal aim of the CommissionerE+W

The principal aim of the Commissioner in exercising functions under this Measure is to promote, encourage and safeguard high standards of conduct in the public office of [F17Member of the Senedd].

Textual Amendments

Commencement Information

I1S. 2 comes into force in accordance with s. 21(2)(b)(3)

3Further provision about the CommissionerE+W

The Schedule makes further provision about the Commissioner.

4Appointment of an Acting CommissionerE+W

(1)When the office of the Commissioner is vacant or the Commissioner is, for any reason, unable to act, the Assembly may appoint a person to discharge the functions of that office either generally or in relation to such case or class of cases, and until such time, as may be specified by the terms and conditions of such appointment; and a person so appointed is referred to in this section as the “acting Commissioner”.

(2)The Commissioner and the acting Commissioner may each discharge the functions of the office of the Commissioner at the same time but in relation to different cases.

(3)A person who is not eligible to be appointed as the Commissioner is not eligible to be appointed as the acting Commissioner.

(4)A person appointed as the acting Commissioner—

(a)may at any time resign by notice given to the Assembly,

(b)may at any time be removed from office by the Assembly,

(c)ceases to hold office in the circumstances specified in [F18section 1(8)],

(d)in other respects, holds office on such terms and conditions as the Assembly may determine, and

(e)while holding that appointment is to be treated for all purposes (except those of section 1) as the Commissioner.

Textual Amendments

Commencement Information

I2S. 4 comes into force in accordance with s. 21(2)(b)(3)

5Independence of the CommissionerE+W

Subject to section 19, the Commissioner is not, in the exercise of any functions, to be subject to the direction or control of the Assembly.

Commencement Information

I3S. 5 comes into force in accordance with s. 21(2)(b)(3)

Functions of the CommissionerE+W

6Functions of the CommissionerE+W

(1)The functions of the Commissioner are—

(a)to receive any complaint that the conduct of [F4a Member of the Senedd] has, at a relevant time, failed to comply with a requirement of a relevant provision,

(b)to investigate any such complaint in accordance with the provisions of this Measure,

[F19(ba)to receive any referral by a Member of the Senedd as to whether, at a relevant time, the member’s own conduct failed to comply with a requirement of a relevant provision,

(bb)to investigate any such referral in accordance with the provisions of this Measure,]

(c)to report to the [F3Senedd] the outcome of any [F20investigation under paragraph (b) or (bb)],

(d)to advise [F21Members of the Senedd] and members of the public about the procedures for making and investigating complaints [F22and referrals under this Measure and about procedures for investigating conduct under section 10A], and

(e)the further functions conferred by [F23sections 7 and 10A].

(2)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.

(3)A “relevant provision” means—

(a)any provision of the Standing Orders relating to—

(i)the registration or declaration of financial or other interests,

(ii)the notification by [F21Members of the Senedd] of their membership of societies,

(iii)the registration or notification of any other information relating to [F21Members of the Senedd] or to persons connected to [F21Members of the Senedd].

(b)any resolution of the [F3Senedd] relating to the financial or other interests of [F21Members of the Senedd],

(c)any Code of Conduct approved by the [F3Senedd] relating to standards of conduct of [F21Members of the Senedd], [F24and]

(d)any resolution of the [F3Senedd] relating to standards of conduct of [F21Members of the Senedd], F25...

F25(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)It is irrelevant whether a relevant provision came into force before or after this section comes into force.

Textual Amendments

Commencement Information

I4S. 6 comes into force in accordance with s. 21(2)(b)(3)

7Further functions of the CommissionerE+W

The Commissioner may (and if requested by the [F3Senedd] to do so must) give advice to the [F3Senedd]—

(a)on any matter of general principle relating to relevant provisions or to standards of conduct of [F21Members of the Senedd] generally,

(b)on procedures for investigating F26... that [F21Members of the Senedd] have failed to comply with the requirements of relevant provisions,

(c)on any other matter relating to promoting, encouraging and safeguarding high standards of conduct in the public office of [F17Member of the Senedd].

Textual Amendments

Commencement Information

I5S. 7 comes into force in accordance with s. 21(2)(b)(3)

8Ministerial CodeE+W

(1)Nothing in this Measure authorises the Commissioner to express any view on—

(a)any provision relating to standards of conduct which is contained in a Welsh Ministerial Code,

(b)any provision relating to standards of conduct which could be contained in a Welsh Ministerial Code,

(c)any allegation that the conduct of any person was in breach of a provision relating to standards of conduct contained in a Welsh Ministerial Code, or

(d)the effectiveness of any provision contained in a Welsh Ministerial Code whether in relation to any specific conduct or generally.

(2)For the purposes of this section—

(a)a “Welsh Ministerial Code” means any document (however that document is described) containing provisions relating to standards of conduct—

(i)which has been promulgated by or under the authority of the First Minister,

(ii)which applies to the First Minister, Welsh Ministers, Deputy Welsh Ministers and Counsel General or to any of them,

(iii)which relates to standards of conduct in those offices, and

(iv)which seeks to apply standards of conduct different from or additional to those which apply to [F21Members of the Senedd] generally, and

(b)a provision relating to standards of conduct is one which could be contained in a Welsh Ministerial Code if that provision satisfies the requirements of paragraph (a)(ii), (iii) and (iv).

Textual Amendments

Commencement Information

I6S. 8 comes into force in accordance with s. 21(2)(b)(3)

Functions of the ClerkE+W

9Duty of the Clerk to refer a matter to the CommissionerE+W

If the Clerk has reasonable grounds for suspecting—

(a) that the conduct of [F4a Member of the Senedd] has, at a relevant time, failed to comply with a requirement of a relevant provision, and

(b)that the conduct in question is relevant to the Clerk's functions under section 138 of the Act (Clerk to be the principal accounting officer for the Commission),

the Clerk must communicate those grounds in writing to the Commissioner and the Commissioner must treat the communication as a complaint to which section 6(1)(a) applies.

Textual Amendments

Commencement Information

I7S. 9 comes into force in accordance with s. 21(2)(b)(3)

Investigation of ComplaintsE+W

10Investigation [F27by the Commissioner of complaints and self-referrals by Members of the Senedd]E+W

(1)The Commissioner must investigate complaints [F28and self-referrals by Members of the Senedd] and must, subject to subsection (3), report to the [F3Senedd] on the outcome of investigations, in accordance with—

(a)the provisions of the Standing Orders, and

(b)any rules relating to the consideration of complaints against [F29, or self-referrals by,] [F21Members of the Senedd] which have been adopted by the [F3Senedd] under the Standing Orders.

[F30(1A)The rules mentioned in subsection (1)(b) may prescribe conditions which the Commissioner must be satisfied are met before the Commissioner conducts an investigation under this section (for example, provision about form and contents of a complaint or self-referral by a Member of the Senedd, setting time-limits for commencing an investigation or rules about evidence requirements).]

(2)Subject to subsection (1), it is for the Commissioner to decide when and how to carry out an investigation and to report on its outcome.

(3)The Commissioner may, in such circumstances as may be prescribed by rules referred to in subsection (1)(b), dismiss a complaint [F31or self-referral by a Member of the Senedd] summarily without reporting on it to the [F3Senedd] but must instead notify in writing the [F17Member of the Senedd] in question and [F32, in the case of a complaint,] the person who made the complaint, giving reasons for the dismissal.

(4)A report by the Commissioner to the [F3Senedd] on the outcome of an investigation may not include any recommendation as to what sanction, if any, should be imposed on the [F17Member of the Senedd] in question.

(5)If, in the course of carrying out an investigation [F33under this section], the Commissioner becomes aware of any circumstances which—

(a)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), or

(b)could, upon further consideration by the Clerk, give rise to a duty on the Clerk under section 9,

the Commissioner must communicate those circumstances in writing to the Clerk.

[F34(6)Standing Orders must make provision for investigations under this section.]

Textual Amendments

Commencement Information

I8S. 10 comes into force in accordance with s. 21(2)(b)(3)

[F3510APower of the Commissioner to investigate on own initiativeE+W

(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.]

Textual Amendments

[F3610BPublication of information about investigationsE+W

(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.]

Textual Amendments

Investigatory Powers of the CommissionerE+W

11Power to call for [F37evidence]E+W

(1)The Commissioner may, in accordance with section 12, require any person—

(a)to attend before the Commissioner for the purpose of giving evidence, F38...

(b)to produce to the Commissioner documents in the possession or under the control of that person [F39or

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

concerning any matter relevant to an investigation which the Commissioner is carrying out under this Measure.

[F40(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.]

(2)For the purposes of this section,

(a)a person will be taken to comply with a requirement to produce a document if that person produces a copy of the document or an extract of the relevant part of the document,

(b)“document” means anything in which information is recorded in any form, and

(c)references to producing a document are to producing the information recorded in it in a visible and legible form.

(3)The Commissioner may pay such reasonable allowances and expenses to persons giving evidence before the Commissioner, or producing documents to the Commissioner, as the Commissioner may determine.

Textual Amendments

Commencement Information

I9S. 11 comes into force in accordance with s. 21(2)(b)(3)

12[F41Evidence]: noticeE+W

[F42(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.]

(1)A requirement under section [F4311(1)(b)] may only be imposed on a person by the Commissioner giving the person in question notice in writing specifying—

F44(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)the documents, or types of documents, which the person is to produce, the date by which and the person to whom they are to be produced and the particular subjects concerning which they are required.

[F45(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.]

[F46(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.]

Textual Amendments

F46S. 12(2)(3) omitted and s. 12(2)-(6) inserted (28.4.2026) by virtue of Senedd Cymru (Member Accountability and Elections) Act 2026 (asc 9), ss. 22(4)(e)(f), 26(1)

Commencement Information

I10S. 12 comes into force in accordance with s. 21(2)(b)(3)

13Oaths and affirmationsE+W

The Commissioner may—

(a)administer an oath or affirmation to—

[F47(i)]any person giving evidence to the Commissioner, and

[F48(ii)any person acting as a translator or interpreter in connection with evidence given to the Commissioner, and]

(b)require that person to take an oath or make an affirmation.

Textual Amendments

F47Words in s. 13(a) renumbered as s. 13(a)(i) (28.4.2026) by Senedd Cymru (Member Accountability and Elections) Act 2026 (asc 9), ss. 22(5)(a), 26(1)

Commencement Information

I11S. 13 comes into force in accordance with s. 21(2)(b)(3)

14Privilege and public interest immunityE+W

(1)A person is not obliged by any requirement imposed under section 11(1) to answer any question or to produce any document which that person would be entitled to refuse to answer or produce in proceedings in a court in Wales or England.

(2)A person acting as prosecutor in criminal proceedings is not obliged under section 11(1) to answer any question or to produce any document concerning the operation of the system of criminal prosecution in any particular case if that person (or, if subsection (3) applies, the Counsel General) considers that answering the question or producing the document might prejudice criminal proceedings in the case or would otherwise be contrary to the public interest.

(3)This subsection applies if the proceedings were instituted by or on behalf of the Welsh Ministers, the First Minister or the Counsel General.

Commencement Information

I12S. 14 comes into force in accordance with s. 21(2)(b)(3)

15OffencesE+W

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

(a)refuses or fails without reasonable excuse to attend before the Commissioner as required by the notice, [F49or]

(b)refuses or fails without reasonable excuse, when attending before the Commissioner as required by the notice, to answer any question concerning the subjects specified in the notice,

F50(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F51(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F52(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.]

(2)[F53Subsections (1), (1A) and (1B) are] subject to section 14.

(3)Any person who, without reasonable excuse, refuses to take an oath or make an affirmation when required to do so under section 13 commits an offence.

(4)If a person charged with an offence under subsection [F54(1), (1A), (1B) or] (3) adduces evidence of a reasonable excuse for the refusal or failure, it is for the prosecution to prove that the person did not have such an excuse.

(5)A person guilty of an offence under this section is liable on summary conviction—

(a)to a fine F55...,

(b)to imprisonment for a period not exceeding three months, or

(c)both.

(6)Where an offence under this section which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a)a director, manager, secretary or other similar officer of the body corporate, or

(b)any person who was purporting to act in any such capacity,

that person, as well as the body corporate, is guilty of that offence and liable to be proceeded against accordingly.

(7)In subsection (6) “director”, in the case of a body corporate whose affairs are managed by its members, means a member of the body corporate.

Textual Amendments

Commencement Information

I13S. 15 comes into force in accordance with s. 21(2)(b)(3)

16Restriction on disclosure of informationE+W

(1)Except as permitted by subsection (2), the Commissioner or the staff of, or any other person appointed by, the Commissioner must not—

[F56(a)] disclose any information contained in the complaint or any information which is furnished to or obtained by them in the course of, or for the purposes of, an investigation into that complaint,

[F57(b)disclose any information which is furnished to or obtained by them in the course of, or for the purposes of, an investigation under section 10A.]

(2)Such information may be disclosed for the purpose of—

(a)enabling or assisting the Commissioner to discharge any functions imposed or conferred on the Commissioner by virtue of any provision in this Measure,

(b)enabling the Commissioner to comply with any duty imposed on the Commissioner by or under any other enactment, or

(c)the investigation or prosecution of any offence or suspected offence.

Textual Amendments

Commencement Information

I14S. 16 comes into force in accordance with s. 21(2)(b)(3)

17Protection from defamation actionsE+W

(1)For the purposes of the law of defamation, any statement made in pursuance of the purposes of this Measure—

(a)by the Commissioner, or

(b)to the Commissioner

is absolutely privileged.

(2)In subsection (1), “statement” has the same meaning as in the Defamation Act 1996 (c. 31).

Commencement Information

I15S. 17 comes into force in accordance with s. 21(2)(b)(3)

18Transitional provisionE+W

(1)The Assembly may require the Commissioner to undertake an investigation into any complaint which, on the day when this section comes into force, has been received, or is under investigation, under rules referred to in section 10(1)(b).

(2)Any such requirement may direct the Commissioner to take into account any information in connection with the complaint which is specified in the direction.

(3)Subject to any such requirement, any complaint which the Commissioner is directed to investigate is to be treated in the same way as any other complaint which is made to the Commissioner.

Commencement Information

I16S. 18 comes into force in accordance with s. 21(2)(b)(3)

GeneralE+W

19Annual reportE+W

(1)The Commissioner must, as soon as possible after the end of each financial year, lay before the Assembly an annual report on the performance of the functions of the Commissioner throughout that year.

(2)Subject to subsection (3) the report must contain a concise statement of information relating to the financial affairs and transactions of the Commissioner in the performance of those functions during that year.

(3)The Commissioner must comply with any requirement imposed by the Assembly as to the form of the annual report and as to any specific information or class of information which it must contain.

(4)The Commissioner must, subject to subsection (5), comply with any requirement imposed by the [F58Standards of Conduct Committee]—

(a)to attend before that committee,

(b)to provide the committee [F59with such information] as it may reasonably require in relation to any matter contained in a report which has been laid before the Assembly under subsection (1) or which was required to be contained in such a report.

(5)The Commissioner need not comply with a requirement under subsection (4)—

(a)if it is not reasonably practicable to do so, and

(b)except in the case of a requirement under subsection (4)(b) which is made orally to the Commissioner at a meeting of the committee, unless the requirement is in writing.

Textual Amendments

Commencement Information

I17S. 19 comes into force in accordance with s. 21(2)(b)(3)

20InterpretationE+W

(1)In this Measure—

  • “the Act” (“y Ddeddf”) means the Government of Wales Act 2006 (c. 32);

  • F60...

  • “the Clerk” (“y Clerc”) means the Clerk of the [F3Senedd],

  • “the Commission” (“y Comisiwn”) means the [F61Senedd] Commission,

  • “Counsel General” (“Cwnsler Cyffredinol”) means the Counsel General to the Welsh F62... Government,

  • F63...

  • [F64“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;]

  • [F65“Member of the Senedd” (“Aelod o'r Senedd”) includes—

    (a)

    for the purposes of section 1(3)(a) and (b) only, the Counsel General even where that officer is not a Member of the Senedd, and

    (b)

    except for the purposes of section 1(3)(a) and (b), a former Member of the Senedd,] and

  • [F66“relevant provision” (“darpariaeth berthnasol”) has the meaning given by section 6(3);

  • “relevant time” (“adeg berthnasol”) has the meaning given by section 6(2), except in section 10A;

  • “the Standards of Conduct Committee” (“y Pwyllgor Safonau Ymddygiad) means the committee of the Senedd that must be established by virtue of section 30A of the Act;]

  • “Standing Orders” (“Rheolau Sefydlog”) means the Standing Orders of the [F3Senedd].

(2)Any reference in this Measure to “the [F3Senedd]” is a reference to—

(a)[F67Senedd Cymru], or

(b)other than in sections 1, 4, 6(3)(b), (c) and (d) and the Schedule, the [F68Standards of Conduct Committee].

Textual Amendments

F60Words in s. 20(1) omitted (6.5.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 3(4)(a)(i)

21Short title and commencementE+W

(1)This Measure may be referred to as the National Assembly for Wales Commissioner for Standards Measure 2009.

(2)This Measure comes into force as follows—

(a)this section and sections 1, 3 (including the Schedule) and 20 come into force on the day after that on which this Measure is approved by Her Majesty in Council, and

(b)the remaining provisions of this Measure come into force on the day after that on which notice under subsection (3) is published.

(3)The Clerk must, as soon as is reasonably practicable after the first appointment of a Commissioner under this Measure takes effect, cause to be published, in at least one newspaper circulating in Wales, notice of—

(a)the fact that the appointment in question has taken effect, and

(b)the fact that by reason of the publication of the notice all provisions of this Measure (other than those already in force) will come into force on the day after the day on which it is published.

(introduced by Section 3)

SCHEDULEE+WTHE [F69SENEDD] COMMISSIONER FOR STANDARDS

Textual Amendments

AppointmentE+W

1E+WThe [F3Senedd] must make arrangements for—

(a)ensuring that any person to be appointed as Commissioner has been identified by fair and open competition, and

(b)settling the terms on which such appointment, when made, is to have effect.

Textual Amendments

2E+WArrangements referred to in paragraph 1, (but not the appointment of the person so identified,) may be delegated by the [F3Senedd], in whole or in part, to the Commission, to the Committee on Standards of Conduct or to the staff of the [F3Senedd] and such arrangements may include the involvement of persons independent of the [F3Senedd].

Textual Amendments

Corporation soleE+W

3E+WThe person for the time being holding office as [F70Senedd] Commissioner for Standards is to be, by the name of that office, a corporation sole.

Textual Amendments

DocumentsE+W

4(1)The application of the seal of the Commissioner is to be authenticated by the signature of—E+W

(a)the Commissioner, or

(b)any person authorised by the Commissioner for that purpose.

(2)A document purporting to be duly executed under the seal of the Commissioner or to be signed on the Commissioner's behalf may be received in evidence and, unless the contrary is proved, is to be taken to be so executed or signed.

FinancialE+W

5(1)The Commission must—E+W

(a)pay the Commissioner such salary and any such allowances, and

(b)make any such payments towards the provision of superannuation benefits for or in respect of the Commissioner,

as may be provided for by or under the terms of the Commissioner's appointment.

(2)The Commission must pay to or in respect of a person who has ceased to hold office as Commissioner such amounts (if any) by way of—

(a)pension or gratuities, or

(b)provision for those benefits

as may have been provided for by or under the terms of the Commissioner's appointment.

(3)The Commission must discharge such reasonable liabilities as the Commissioner has lawfully incurred—

(a)in employing staff,

(b)in securing the provision of goods or services, and

(c)in relation to the allowances and expenses of persons giving evidence or producing documents.

(4)Sums required for the making of payments under sub-paragraphs (1) and (2) are to be charged on the Welsh Consolidated Fund.

Staff, goods and servicesE+W

6(1)The Commissioner may, on such terms as the Commissioner may determine, appoint such staff or secure the provision of such goods or services as the Commissioner considers necessary for assisting in the exercise of the Commissioner's functions.E+W

(2)The Commissioner may enter into arrangements with any public body or office holder, upon such terms as the Commissioner and such body or office holder may agree, for the provision by that body or office holder of such services as the Commissioner considers necessary for assisting in the exercise of the Commissioner's functions.

(3)The Commissioner must, when exercising powers under sub-paragraphs (1) and (2) or under section 11(3), have regard to the responsibilities of the Clerk, as principal accounting officer for the Commission, under section 138(3)(a) of the Act.

(4)The Commissioner must, in relation to any liability which the Commission may be required to discharge under paragraph 5(3), consult the Clerk and must do so—

(a)if reasonably practicable to do so, before incurring the liability in question,

(b)if not, as soon thereafter as is reasonably practicable.

(5)The Commissioner must have regard to any representations which the Clerk may make when consulted under sub-paragraph (4).

(6)The Commissioner's duty to consult the Clerk under sub-paragraph (4) may be discharged in relation to a particular liability either—

(a)by providing the Clerk with particulars of the liability in question, or

(b)by notifying the Clerk that liabilities of a specified description up to a specified total amount may be incurred,

provided that, where (b) applies, the particular liability in question falls within the description notified and does not, when taken together with any other liabilities to which that notification relates, exceed the total amount notified.

Financial InformationE+W

7E+WThe Commissioner must provide the Commission with such information about the Commissioner's financial affairs and transactions as the Commission may reasonably require for the purpose of enabling it to comply with any requirement imposed on the Commission by a direction given to the Commission in relation to the Commissioner under section 137(1) and (2) of the Act.

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