Part 1Senedd Cymru

Disqualification

18Effect of disqualification

F1A1

If a person who is disqualified from being a candidate to be a Member of the Senedd (see section 16(A1)) is nominated as a candidate at a general election of Members of the Senedd F2..., the person's nomination is void.

(1)

If a person who is disqualified from being F3a Member of the Senedd is returned as F3a Member of the Senedd, the person's return is void and the person's seat is vacant.

F4(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

If a person who is F3a Member of the Senedd becomes disqualified—

(a)

from being F3a Member of the Senedd, F5...

F5(b)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the person ceases to be F3a Member of the Senedd (so that the person's seat is vacant).

(4)

Subsections (1) to (3) have effect subject to any resolution of the F6Senedd under section 17(3).

(5)

In addition, subsection (3) has effect subject to—

F7(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8(aa)

section 31 of the Elections Act 2022 (disqualification of offenders for holding elective office etc);

(b)

section 427 of the Insolvency Act 1986 (c. 45) (bankruptcy etc.).

(6)

If, in consequence of F9either of the provisions mentioned in subsection (5), the seat of a person who is disqualified from being F3a Member of the Senedd is not vacant, the person does not cease to be F3a Member of the Senedd until the person's seat becomes vacant.

(7)

But for any period for which the person is disqualified but the person's seat is not vacant—

(a)

the person must not participate in any F6Senedd proceedings, and

(b)

any of the person's other rights and privileges as F3a Member of the Senedd may be withdrawn by the F6Senedd.

(8)

The validity of any F6Senedd proceedings is not affected by the disqualification of any person—

(a)

from being F3a Member of the Senedd, F10...

F10(b)

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