The National Assembly for Wales (Representation of the People) Order 2007

Vacancies: return of electoral region members

78.—(1) Other than where article 101 applies, where it comes to the notice of the Presiding Officer of the Assembly that the seat of an Assembly member returned from a party list for an Assembly electoral region is vacant, he shall forthwith send a notice in accordance with paragraph (2) to the returning officer for the Assembly electoral region(1).

(2) A notice under paragraph (1) shall—

(a) state that a vacancy exists; and

(b) set out the name of the person who had been returned to fill that seat, together with the name of the registered political party on whose list he was included.

(3) Where a regional returning officer receives a notice under paragraph (1), he shall ascertain from the list submitted at the previous Assembly general election by the registered political party named in the notice the name and address of the person whose name now appears highest on that list (“the prospective member”).

(4) The regional returning officer shall take such steps as appear to him to be reasonable—

(a) to contact the prospective member to ask whether he will state that he is willing to serve as an Assembly member for the Assembly electoral region; and

(b) to contact the registered nominating officer of the registered political party on whose list that person is included and notify that officer of the action he is taking under sub-paragraph (a).

(5) Where within such period as the regional returning officer considers reasonable-—

(a) he decides that the steps he has taken to contact the prospective member have been unsuccessful; or

(b) he has not received from the prospective member a statement in writing that he is willing to serve as an Assembly member for the Assembly electoral region; or

(c) the prospective member has stated in writing he is not willing to so serve as an Assembly member; or

(d) the regional returning officer—

(i) is satisfied that the prospective member is not a member of the registered political party on whose list he is included; and

(ii) receives notice signed by the registered nominating officer of that party that the prospective member’s name is not to be notified to the Presiding Officer of the Assembly as the name of the person who is to fill the vacancy(2),

the prospective member shall be treated as ceasing to be included on that list for the purposes of filling that vacancy.

(6) Where a person is so treated, the regional returning officer shall repeat the procedure required by paragraph (4) in respect of the person (if any) whose name and address appears next highest on that list; and paragraph (5) and this paragraph shall also apply with respect to that person.

(7) The regional returning officer shall continue to repeat the procedure until he has notified to the Presiding Officer of the Assembly the name of the person who is to fill the vacancy or the names on that list are exhausted.

(8) Subject to paragraph (5)(d), where a prospective member states in writing in response to the question from the regional returning officer under paragraph (4)(a) (including that sub-paragraph as applied by paragraph (6)) that he is willing to serve as an Assembly member for the Assembly electoral region, the regional returning officer shall forthwith notify to the Presiding Officer of the Assembly the name of that person as the person to fill the vacancy(3).

(9) The regional returning officer shall forthwith give public notice of the name—

(a) of the member to be returned; and

(b) of the registered political party for which such a member was a party list candidate.

(10) Where following the application of this rule the seat continues to be vacant the regional returning officer shall forthwith—

(a) give public notice that the vacancy cannot be filled and that the seat will remain vacant until the next Assembly general election by virtue of the relevant enactment;

(b) complete a certificate in form CT set out in English and Welsh in Schedule 10; and

(c) deliver it, or cause it to be delivered, to the Clerk.

(11) In paragraph (10) “the relevant enactment” means, in respect of a vacancy occurring before the 2007 Assembly general election, section 9(7)(b) of the 1998 Act and in respect of vacancies occurring after that election, section 11(7)(b) of the 2006 Act.

(12) References to “the Clerk” in paragraph (10)(c) and in rule 79(1) shall, in relation to any vacancy in an Assembly electoral region occurring before the 2007 Assembly general election, be construed as references to the Clerk to the Assembly constituted by the 1998 Act.

(1)

In relation to a vacancy occurring before the Assembly general election in 2007, see section 9 of that Act of 1998 and in relation to subsequent vacancies see section 11 of that Act of 2006 as modified by paragraph 7 of Schedule 11 to that Act of 2006.

(2)

See section 9(4) of the Government of Wales Act 1998 in relation to a vacancy occurring before the Assembly general election in 2007; for subsequent elections see section 11(4) of the Government of Wales Act 2006.

(3)

That person is treated as having been declared to be returned as an Assembly regional member on the day the notification is received by the Presiding Officer of the Assembly, see section 9(6) of the Government of Wales Act 1998 in relation to a vacancy occurring before the 2007 Assembly general election; and section 11(6) of the Government of Wales Act 2006 in relation to subsequent vacancies.