Part 1Senedd Cymru

Presiding Officer and administration

25Presiding Officer etc.

(1)

The F1Senedd must, at its first meeting following a general election, elect from among the F2Members of the Senedd —

(a)

a presiding officer (referred to in this Act as “the Presiding Officer”), and

(b)

a deputy presiding officer F3(see subsection (1B)(a)).

F4(1A)

The Senedd may at any time elect one additional deputy presiding officer from among the Members of the Senedd (but there may be no more than one additional deputy presiding officer at any time).

(1B)

In this Act, “Deputy Presiding Officer” means, unless the context requires otherwise—

(a)

the person elected under paragraph (b) of subsection (1);

(b)

a person elected under subsection (1A),

but in section 23(4)(b) “Deputy Presiding Officer means only the person elected under paragraph (b) of subsection (1).

(2)

The person elected under paragraph (a) of subsection (1) is to be known as the Presiding Officer or by such other title as the standing orders may provide; and the person elected under paragraph (b) of that subsection F5and a person elected under subsection (1A) are each to be known as Deputy Presiding Officer or by such other title as the standing orders may provide.

(3)

The Presiding Officer holds office until the conclusion of the next election of a Presiding Officer under subsection (1).

F6(4)

A Deputy Presiding Officer holds office until the Senedd is dissolved; but the standing orders may make provision for a Deputy Presiding Officer elected under subsection (1A) to hold office for a shorter time.

(5)

But the Presiding Officer or F7a Deputy Presiding Officer—

(a)

may at any time resign,

(b)

ceases to hold office on ceasing to be F8a Member of the Senedd otherwise than by reason of a dissolution, and

(c)

may be removed from office by the F1Senedd.

(6)

If the Presiding Officer or the Deputy Presiding Officer F9elected under paragraph (b) of subsection (1) ceases to hold office under subsection (5) (or dies), the F1Senedd must elect a replacement from among the F2Members of the Senedd F10(and references in this section to a person elected under paragraph (a) or (b) of subsection (1) include a reference to a person elected under this subsection).

(7)

Subject to subsection (9), the Presiding Officer and the Deputy Presiding Officer F11elected under paragraph (b) of subsection (1) must not belong to—

(a)

the same political group, or

(b)

different political groups both of which are political groups with an executive role.

F12(7A)

Subject to subsection (9), a Deputy Presiding Officer elected under subsection (1A) must not belong to—

(a)

the same political group as either the Presiding Officer or Deputy Presiding Officer elected under paragraph (b) of subsection (1), or

(b)

where the Presiding Officer and the Deputy Presiding Officer elected under paragraph (b) of subsection (1) both belong to political groups without an executive role, a political group without an executive role.

(8)

For the purposes of this Act a political group is a political group with an executive role if the First Minister or one or more of the Welsh Ministers appointed under section 48 belong to it.

(9)

The F1Senedd may resolve that F13one or both of subsections (7) and (7A) are not to apply for so long as the resolution so provides; but if the motion for the resolution is passed on a vote it is of no effect unless at least two-thirds of the F2Members of the Senedd voting support it.

(10)

The Presiding Officer's functions may be exercised by F14a Deputy Presiding Officer if—

(a)

the office of Presiding Officer is vacant, or

(b)

the Presiding Officer is for any reason unable to act.

(11)

The Presiding Officer may (subject to the standing orders) authorise F15a Deputy Presiding Officer to exercise functions of the Presiding Officer.

(12)

The standing orders may include provision for the Presiding Officer's functions to be exercisable by any person specified in, or determined in accordance with, the standing orders if—

(a)

the office of Presiding Officer is vacant or the Presiding Officer is for any reason unable to act, and

F16(b)

the office of Deputy Presiding Officer is vacant or, for any reason, no Deputy Presiding Officer is able to act.

(13)

The standing orders may include provision as to the participation (including voting) in F1Senedd proceedings of the Presiding Officer and F17a Deputy Presiding Officer and any person acting by virtue of subsection (12).

(14)

The validity of any act of a person as Presiding Officer or Deputy Presiding Officer, or of any person acting by virtue of subsection (12), is not affected by any defect in the person's appointment by the F1Senedd.

(15)

Subsections (10) to (12) are subject to paragraph 11 of Schedule 2.