Government of Wales Act 2006

[F1 17B Exception from disqualification by virtue of being an MP: general election of [F2 Members of the Senedd] within 372 days U.K.

(1) This section applies if—

(a) [F3 a Member of the Senedd] is returned as a member of the House of Commons, and

(b) the expected day of the next general election of [F2 Members of the Senedd] is within the period of 372 days beginning with the day the person is so returned (“the return day”).

(2) The member is not disqualified under section 16(1)(za) (disqualification by virtue of being an MP) at any time in the period—

(a) beginning with the return day, and

(b) ending immediately before the day of the next general election of [F2 Members of the Senedd].

(3) For the purposes of subsection (1)(b) the expected day of the next general election of [F2 Members of the Senedd] is to be determined by reference to the circumstances as at the beginning of the return day (“the relevant time”).

[F4 (3A) Where, at the relevant time, section 3(1A) prevents the poll at the next ordinary general election being held on the day specified in section 3(1)—

(a) if an order under section 3(1B) has been made, the expected day is the day on which the poll is required to be held in accordance with section 3(1B);

(b) if no order under section 3(1B) has been made, the expected day is the day on which the poll would be held in accordance with section 3(1) if section 3(1A) were disregarded.

(3B) Where, at the relevant time, the Presiding Officer has proposed a day for the holding of the poll at the next ordinary general election under section 4(1)—

(a) if a proclamation under section 4(2) has been issued, the expected day is the day on which the poll is required to be held in accordance with that proclamation;

(b) if no proclamation under section 4(2) has been issued, the expected day is the day proposed under section 4(1).]

(4) Where, at the relevant time, section 5(2) or (3) (extraordinary general elections) applies—

(a) if [F5 a proclamation under section 5(4) has been issued], the expected day is the day on which the poll is required to be held in accordance with that [F6 proclamation];

(b) if no [F7 proclamation under section 5(4) has been issued] but a day has been proposed under section 5(1), that is the expected day;

(c) otherwise, the expected day is to be treated as being within the period mentioned in subsection (1)(b).

(5) For the purpose of determining the expected day, no account is to be taken of the possibility of—

(a) [F8 a day being proposed under section 4(1) (power to vary date of ordinary general election)] after the relevant time, or

(b) section 5(2) or (3) (extraordinary general elections) first applying after that time.

(6) References in this section to the “day” of the election are to the day on which the poll at the election is held.]

Textual Amendments

F1 Ss. 17A, 17B inserted (17.2.2015) by Wales Act 2014 (c. 29), ss. 3(2), 29(2)(a)

F2 Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(17) (with Sch. 1 para. 2(11)(12)(14))

F3 Words in Act substituted (6.5.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(2), Sch. 1 para. 2(15) (with Sch. 1 para. 2(11)(12)(14))

F4 S. 17B(3A)(3B) inserted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 31(2), 42(1)(c)

F5 Words in s. 17B(4)(a) substituted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 31(3)(a)(i), 42(1)(c)

F6 Word in s. 17B(4)(a) substituted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 31(3)(a)(ii), 42(1)(c)

F7 Words in s. 17B(4)(b) substituted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 31(3)(b), 42(1)(c)

F8 Words in s. 17B(5)(a) substituted (15.1.2020 with effect for the purposes of a Senedd election at which the poll is held on or after 5.4.2021) by Senedd and Elections (Wales) Act 2020 (anaw 1), ss. 31(4), 42(1)(c)