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Part 1U.K. [F1Senedd Cymru]

Textual Amendments

F1Words in Pt. 1 heading substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(2)

Modifications etc. (not altering text)

General electionsU.K.

3Ordinary general electionsU.K.

(1)The poll at an ordinary general election is to be held on the first Thursday in May in the [F2fifth] calendar year following that in which the previous ordinary general election was held, [F3unless—

(a)subsection (1A) prevents the poll being held on that day, or

(b)the day of the poll is determined by a proclamation under section 4.]

[F4(1A)The poll is not to be held on the same date as the date of the poll at—

(a)a parliamentary general election (other than an early parliamentary general election), or

(b)a European Parliamentary general election.

(1B)Where subsection (1A) prevents the poll being held on the day specified in subsection (1), the poll is to be held on such day, subject to subsection (1A), as the Welsh Ministers may by order specify unless the day of the poll is determined by a proclamation under section 4(2) as modified by section 4(2A).]

(2)If the poll is to be held on the first Thursday in May [F5 or on the day specified by an order under subsection (1B) ], the [F6Senedd] —

(a)is dissolved by virtue of this section at the beginning of the minimum period which ends with that day, and

(b)must meet within the period of seven days beginning immediately after the day of the poll.

(3)In subsection (2) “the minimum period” means the period determined in accordance with an order under section 13.

(4)In calculating any period of days for the purposes of subsection (2)(b), the following days are to be disregarded—

(a)Saturday and Sunday,

(b)any day which is a bank holiday in Wales under the Banking and Financial Dealings Act 1971 (c. 80), and

(c)any day appointed for public thanksgiving or mourning.

[F7(5)No order is to be made under subsection (1B) unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the [F6Senedd] .]

Textual Amendments

F2Word in s. 3(1) substituted (17.2.2015) by Wales Act 2014 (c. 29), ss. 1(1), 29(2)(a)

F3Words in s. 3(1) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(2), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F4S. 3(1A)(1B) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(3), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F5Words in s. 3(2) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(4), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

Modifications etc. (not altering text)

C2S. 3(1) modified (15.9.2011) by Fixed-term Parliaments Act 2011 (c. 14), ss. 5(2), 7(2) (with s. 6)

Commencement Information

I1Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

4Power to vary date of ordinary general electionU.K.

[F8(1)Subject to section 3(1A), the Presiding Officer may propose, for the holding of the poll at an ordinary general election, a day which is not more than one month earlier, nor more than one month later, than the first Thursday in May.]

[F8(2)If the Presiding Officer proposes a day under subsection (1), Her Majesty may by proclamation under the Welsh Seal—

(a)dissolve the [F6Senedd] ,

(b)require the poll at the election to be held on the day proposed, and

(c)require the [F6Senedd] to meet within the period of seven days beginning immediately after the day of the poll.]

[F8(2A)Where a day is specified by an order under section 3(1B), subsection (1) applies as if the reference to the first Thursday in May were a reference to that day.]

(3)In calculating any period of days for the purposes of provision made by virtue of subsection [F9(2)(c)] , the following days are to be disregarded—

(a)Saturday and Sunday,

(b)Good Friday,

(c)any day which is a bank holiday in Wales under the Banking and Financial Dealings Act 1971 (c. 80), and

(d)any day appointed for public thanksgiving or mourning.

(4)[F10The Welsh Ministers may by order] make provision for—

(a)any provision of, or made under, the Representation of the People Acts, or

(b)any other enactment relating to the election of [F11Members of the Senedd ] ,

to have effect with such modifications or exceptions as the [F12Welsh Ministers consider] appropriate in connection with the alteration of the day of the poll [F13 under this section ].

F14(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of [F15the [F6Senedd]] .

Textual Amendments

F8S. 4(1)-(2A) substituted for s. 4(1)(2) (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(7), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F9Word in s. 4(3) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(8), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F10Words in s. 4(4) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(9)(a), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F12Words in s. 4(4) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(9)(b), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F13Words in s. 4(4) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(9)(c), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F14S. 4(5) omitted (1.4.2018) by virtue of Wales Act 2017 (c. 4), ss. 6(10), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F15Words in s. 4(6) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(11), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

Commencement Information

I2Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

5Extraordinary general electionsU.K.

(1)The [F16Presiding Officer] must propose a day for the holding of a poll at an extraordinary general election if subsection (2) or (3) applies.

(2)This subsection applies if—

(a)the [F6Senedd] resolves that it should be dissolved, and

(b)the resolution of the [F6Senedd ] is passed on a vote in which the number of [F11Members of the Senedd ] voting in favour of it is not less than two-thirds of the total number of [F6Senedd] seats.

(3)This subsection applies if any period during which the [F6Senedd] is required under section 47 to nominate [F17a Member of the Senedd] for appointment as the First Minister ends without such a nomination being made.

(4)If the [F18Presiding Officer] proposes a day under subsection (1), Her Majesty may by [F19proclamation under the Welsh Seal]—

(a)dissolve the [F6Senedd] and require an extraordinary general election to be held,

(b)require the poll at the election to be held on the day proposed, and

(c)require the [F6Senedd] to meet within the period of seven days beginning immediately after the day of the poll.

(5)If a poll is held under this section within the period of six months ending with the day on which the poll at the next ordinary general election would be held (disregarding section 4), that ordinary general election is not to be held.

(6)But subsection (5) does not affect the year in which the subsequent ordinary general election is to be held.

(7)In calculating any period of days for the purposes of subsection (4)(c), the following days are to be disregarded—

(a)Saturday and Sunday,

(b)Christmas Eve, Christmas Day and Good Friday,

(c)any day which is a bank holiday in Wales under the Banking and Financial Dealings Act 1971 (c. 80), and

(d)any day appointed for public thanksgiving or mourning.

Textual Amendments

F16Words in s. 5(1) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(13), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F18Words in s. 5(4) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(14)(a), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

F19Words in s. 5(4) substituted (1.4.2018) by Wales Act 2017 (c. 4), ss. 6(14)(b), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)

Commencement Information

I3Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

6Voting at general electionsU.K.

(1)Each person entitled to vote at a general election in [F20a Senedd] constituency has two votes.

(2)One (referred to in this Act as a “constituency vote”) is a vote which may be given for a candidate to be the [F6Senedd] constituency member for the [F6Senedd ] constituency.

(3)The other (referred to in this Act as an “electoral region vote”) is a vote which may be given for—

(a)a registered political party which has submitted a list of candidates to be [F6Senedd] regional members for the [F6Senedd] electoral region in which the [F6Senedd] constituency is included, or

(b)an individual who is a candidate to be [F20a Senedd] regional member for that [F6Senedd] electoral region.

(4)The [F6Senedd] constituency member for the [F6Senedd] constituency is to be returned under the simple majority system.

(5)The [F6Senedd] regional members for the [F6Senedd] electoral region are to be returned under the additional member system of proportional representation provided for in this Part.

(6)In this Act “registered political party” means a party registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 (c. 41).

Textual Amendments

Commencement Information

I4Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

7Candidates at general electionsU.K.

(1)At a general election a person may not be a candidate to be the [F6Senedd] constituency member for more than one [F6Senedd] constituency.

(2)Any registered political party may submit a list of candidates for return as [F6Senedd] regional members for a particular [F6Senedd] electoral region at a general election.

(3)The list must be submitted to the regional returning officer.

(4)The list must not include more than twelve persons (but may include only one).

(5)The list must not include a person—

(a)who is included on any other list submitted for the [F6Senedd] electoral region or any list submitted for another [F6Senedd] electoral region,

(b)who is an individual candidate to be [F20a Senedd] regional member for the [F6Senedd] electoral region or another [F6Senedd] electoral region,

[F21(c)who is a candidate to be the [F6Senedd] constituency member for [F20a Senedd] constituency which is not included in the [F6Senedd] electoral region, or

(d)who is a candidate to be the [F6Senedd] constituency member for [F20a Senedd] constituency included in the [F6Senedd ] electoral region but is not a candidate of the party.]

(6)A person may not be an individual candidate to be [F20 a Senedd] regional member for the [F6Senedd] electoral region if that person is—

(a)included on a list submitted by a registered political party for the [F6Senedd] electoral region or another [F6Senedd] electoral region,

(b)an individual candidate to be [F20a Senedd] regional member for another [F6Senedd] electoral region,

[F22(c)a candidate to be the [F6Senedd] constituency member for [F20a Senedd] constituency which is not included in the [F6Senedd] electoral region, or

(d)a candidate of any registered political party to be the [F6Senedd] constituency member for [F20a Senedd] constituency included in the [F6Senedd ] electoral region.]

(7)In this Act “regional returning officer”, in relation to [F20a Senedd] electoral region, means the person designated as the regional returning officer for the [F6Senedd] electoral region in accordance with an order under section 13.

Textual Amendments

F21S. 7(5)(c)(d) substituted for s. 7(5)(c) and word (17.2.2015) by Wales Act 2014 (c. 29), ss. 2(2)(a), 29(2)(a)

F22S. 7(6)(c)(d) substituted for s. 7(6)(c) and word (17.2.2015) by Wales Act 2014 (c. 29), ss. 2(2)(b), 29(2)(a)

Commencement Information

I5Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

8Calculation of electoral region figuresU.K.

(1)This section and section 9 are about the return of [F6Senedd] regional members for an electoral region at a general election.

(2)The person who is to be returned as the [F6Senedd] constituency member for each [F6Senedd] constituency in the [F6Senedd] electoral region is to be determined before it is determined who are to be returned as the [F6Senedd] regional members for the [F6Senedd] electoral region.

(3)For each registered political party by which a list of candidates has been submitted for the [F6Senedd] electoral region—

(a)there is to be added together the number of electoral region votes given for the party in the [F6Senedd] constituencies included in the [F6Senedd] electoral region, and

(b)the number arrived at under paragraph (a) is then to be divided by the aggregate of one and the number of candidates of the party returned as [F6Senedd] constituency members for any of those [F6Senedd] constituencies.

(4)For each individual candidate to be [F20a Senedd] regional member for the [F6Senedd] electoral region there is to be added together the number of electoral region votes given for the candidate in the [F6Senedd] constituencies included in the [F6Senedd] electoral region.

(5)The number arrived at—

(a)in the case of a registered political party, under subsection (3)(b), or

(b)in the case of an individual candidate, under subsection (4),

is referred to in this Act as the electoral region figure for that party or individual candidate.

Textual Amendments

Commencement Information

I6Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))

9Allocation of seats to electoral region membersU.K.

(1)The first seat for the [F6Senedd ] electoral region is to be allocated to the party or individual candidate with the highest electoral region figure.

(2)The second and subsequent seats for the [F6Senedd] electoral region are to be allocated to the party or individual candidate with the highest electoral region figure after any recalculation required by subsection (3) has been carried out.

(3)This subsection requires a recalculation under paragraph (b) of section 8(3) in relation to a party—

(a)for the first application of subsection (2), if the application of subsection (1) resulted in the allocation of [F20a Senedd] seat to the party, or

(b)for any subsequent application of subsection (2), if the previous application of that subsection did so,

and a recalculation is to be carried out after adding one to the aggregate mentioned in that paragraph.

(4)An individual candidate already returned as an [F23[F6Senedd] constituency member or] [F6Senedd] regional member is to be disregarded.

(5)Seats for the [F6Senedd] electoral region which are allocated to a party are to be filled by the persons on the party's list in the order in which they appear on the list[F24 (disregarding anyone already returned as [F20a Senedd] constituency member, including anyone whose return is void)].

(6)Once a party's list has been exhausted [F25(by the return of persons included on it as [F6Senedd] constituency members or by the previous application of subsection (1) or (2)) ], the party is to be disregarded.

(7)If (on the application of subsection (1) or any application of subsection (2)) the highest electoral region figure is the electoral region figure of two or more parties or individual candidates, the subsection applies to each of them.

(8)However, if subsection (7) would mean that more than the full number of seats for the [F6Senedd] electoral region were allocated, subsection (1) or (2) does not apply until—

(a)a recalculation has been carried out under section 8(3)(b) after adding one to the number of votes given for each party with that electoral region figure, and

(b)one has been added to the number of votes given for each individual candidate with that electoral region figure.

(9)If, after that, the highest electoral region figure is still the electoral region figure of two or more parties or individual candidates, the regional returning officer must decide between them by lots.

Textual Amendments

F23Words in s. 9(4) inserted (17.2.2015) by Wales Act 2014 (c. 29), ss. 2(3)(a), 29(2)(a)

F24Words in s. 9(5) inserted (17.2.2015) by Wales Act 2014 (c. 29), ss. 2(3)(b), 29(2)(a)

F25Words in s. 9(6) substituted (17.2.2015) by Wales Act 2014 (c. 29), ss. 2(3)(c), 29(2)(a)

Commencement Information

I7Ss. 1-94, 97-106 in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))