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Government of Wales Act 1998 (c. 38) (c. 38)

(The document as of February, 2008)

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Government of Wales Act 1998 (c. 38)

1998 CHAPTER 38

ARRANGEMENT OF SECTIONS

Content
  1. Part I

    The National Assembly for Wales

    1. The Assembly

      1. 1. The Assembly.

      2. 2. Membership.

    2. Ordinary elections

      1. 3. Time of ordinary elections.

      2. 4. Voting at ordinary elections.

      3. 5. Party lists and individual candidates.

      4. 6. Calculation of electoral region figures.

      5. 7. Return of electoral region members.

    3. Vacancies

      1. 8. Constituency seats.

      2. 9. Electoral region seats.

    4. The franchise and conduct of elections

      1. 10. Entitlement to vote.

      2. 11. Power to make provision about elections etc.

    5. Disqualification

      1. 12. Disqualification from being Assembly member.

      2. 13. Exceptions and relief from disqualification.

      3. 14. Effect of disqualification.

      4. 15. Judicial proceedings as to disqualification.

    6. Remuneration, oaths etc.

      1. 16. Salaries and allowances.

      2. 17. Limit on salaries of members of other public bodies.

      3. 18. Pensions etc.

      4. 19. Publication of information about remuneration paid.

      5. 20. Oath or affirmation of allegiance.

  2. Part II

    Assembly functions

    1. Introduction

      1. 21. Introductory.

    2. Transfer of Ministerial functions to Assembly

      1. 22. Transfer of Ministerial functions.

      2. 23. General transfer of property, rights and liabilities etc.

      3. 24. General transfer: supplementary.

      4. 25. Power to make specific transfers etc.

      5. 26. Transfers of property: supplementary.

    3. Other functions

      1. 27. Reform of Welsh health authorities.

      2. 28. Reform of other Welsh public bodies.

      3. 29. Implementation of Community law.

      4. 30. Consultation about public appointments.

      5. 31. Consultation about government's legislative programme.

      6. 32. Support of culture etc.

      7. 33. Consideration of matters affecting Wales.

    4. Ancillary powers etc.

      1. 34. Staff.

      2. 35. Inquiries.

      3. 36. Polls for ascertaining views of the public.

      4. 37. Private bills.

      5. 38. Legal proceedings.

      6. 39. Contracts.

      7. 40. Supplementary powers.

      8. 41. Agency arrangements and provision of services.

    5. Supplementary

      1. 42. Different exercise of functions by Assembly.

      2. 43. Construction of references to Ministers and departments.

      3. 44. Parliamentary procedures for subordinate legislation.

      4. 45. Laying of reports and statements.

  3. Part III

    Assembly procedure

    1. Introductory

      1. 46. Regulation of procedure.

      2. 47. Equal treatment of English and Welsh languages.

      3. 48. Equal opportunities in conduct of business.

    2. Initial provisions

      1. 49. First meeting.

      2. 50. First standing orders.

      3. 51. The Commissioners.

    3. Offices and committees

      1. 52. Presiding officer and deputy.

      2. 53. Assembly First Secretary and Assembly Secretaries.

      3. 54. Committees.

      4. 55. Sub-committees.

    4. The statutory committees

      1. 56. Executive committee.

      2. 57. Subject committees.

      3. 58. Subordinate legislation scrutiny committee.

      4. 59. Members of scrutiny committee etc.

      5. 60. Audit Committee.

      6. 61. Regional committees.

    5. Delegation

      1. 62. Delegation of functions.

      2. 63. Exercise of functions by Assembly staff.

    6. Procedures relating to subordinate legislation

      1. 64. Standing orders to provide procedures.

      2. 65. Regulatory appraisals.

      3. 66. Making of Assembly general subordinate legislation.

      4. 67. Disapplication of procedural requirements.

      5. 68. Financial initiative.

    7. Other provisions about standing orders

      1. 69. Preservation of order.

      2. 70. Openness.

      3. 71. Participation of Assembly members.

      4. 72. Integrity.

      5. 73. Publication.

    8. Evidence and documents relating to public bodies

      1. 74. Power to require attendance and production of documents.

      2. 75. Witnesses and documents: supplementary.

    9. Miscellaneous

      1. 76. Attendance of Secretary of State for Wales.

      2. 77. Defamation.

      3. 78. Contempt of court.

      4. 79. Corrupt practices.

  4. Part IV

    Assembly finance

    1. Payments to Assembly etc.

      1. 80. Grants to Assembly.

      2. 81. Statement of estimated payments etc.

      3. 82. Loans to Assembly by Secretary of State.

      4. 83. Accounts relating to loans under section 82.

      5. 84. Destination of receipts etc.

    2. Expenditure by Assembly etc.

      1. 85. Expenditure by Assembly.

      2. 86. Statement of proposed expenditure etc.

      3. 87. National Loans Fund lending.

      4. 88. Accounts relating to funds paid to Assembly for lending.

      5. 89. Source of sums paid by Assembly.

    3. The Auditor General for Wales

      1. 90. Auditor General for Wales.

      2. 91. Remuneration.

      3. 92. Staff etc.

      4. 93. Expenses, fees and accounts.

      5. 94. Audit of Auditor General's accounts.

      6. 95. Access to documents by Auditor General.

      7. 96. Auditor General for Wales: miscellaneous.

    4. Financial accountability of Assembly etc.

      1. 97. Preparation and audit of Assembly's annual accounts.

      2. 98. Accounting officers.

      3. 99. Accounts of Assembly subsidiaries etc.

      4. 100. Examinations into Assembly's use of resources.

      5. 101. Examinations by Comptroller and Auditor General.

      6. 102. Audit Committee reports.

      7. 103. Publication of accounts and audit reports etc.

    5. Funding of school inspections and forestry in Wales

      1. 104. Her Majesty's Chief Inspector of Schools in Wales.

      2. 105. Forestry Commissioners.

  5. Part V

    Other provisions about the Assembly

    1. Community law, human rights and international obligations

      1. 106. Community law.

      2. 107. Human rights.

      3. 108. International obligations.

    2. Decisions about Assembly functions

      1. 109. Resolution of devolution issues.

      2. 110. Power to vary retrospective decisions.

    3. Investigation of complaints

      1. 111. Welsh Administration Ombudsman.

      2. 112. Amendments of Health Service Commissioners Act 1993.

    4. Local government, the voluntary sector and business

      1. 113. Relations with local government.

      2. 114. Relations with voluntary organisations.

      3. 115. Consultation with business.

    5. Welsh public records

      1. 116. Status of Welsh public records.

      2. 117. Transfer of responsibility.

      3. 118. Meaning of "Welsh public records".

    6. Miscellaneous

      1. 119. Publication and inspection of documents.

      2. 120. Equality of opportunity.

      3. 121. Sustainable development.

      4. 122. English and Welsh texts of Assembly instruments.

      5. 123. Provision of information to Treasury.

      6. 124. Documentary evidence.

      7. 125. Minor and consequential amendments.

  6. Part VI

    Reform of Welsh public bodies

    1. The Welsh Development Agency

      1. 126. Extension of functions.

      2. 127. Land acquisition and disposal etc.

      3. 128. Other amendments.

    2. The Development Board for Rural Wales

      1. 129. Cessation of functions.

      2. 130. Transfer of property, staff etc. to Welsh Development Agency.

      3. 131. Transitional provisions.

      4. 132. Winding-down.

      5. 133. Abolition etc.

    3. The Land Authority for Wales

      1. 134. Cessation of functions.

      2. 135. Consequential amendments.

      3. 136. Transfer of property, staff etc. to Welsh Development Agency.

      4. 137. Transitional provisions.

      5. 138. Winding-down.

      6. 139. Abolition etc.

    4. Housing for Wales

      1. 140. Transfer of functions, property, staff etc. to Secretary of State.

      2. 141. Transitional provisions.

      3. 142. Winding-down.

      4. 143. Abolition etc.

    5. Accountability

      1. 144. Accounts, audit and reports.

      2. 145. Examinations into use of resources.

      3. 146. Transfer etc. of functions of Comptroller and Auditor General.

      4. 147. Environment Agency.

    6. Miscellaneous

      1. 148. Health Authorities.

      2. 149. Agricultural wages committees.

      3. 150. Abolition of Residuary Body for Wales.

  7. Part VII

    Supplementary

    1. 151. Power to amend enactments.

    2. 152. Repeals.

    3. 153. Transitional provisions etc.

    4. 154. Orders and directions.

    5. 155. Interpretation.

    6. 156. Defined expressions.

    7. 157. Financial provisions.

    8. 158. Commencement.

    9. 159. Short title.

  8. Schedules:

    1. Schedule 1

      Assembly constituencies and Assembly electoral regions.

    2. Schedule 2

      Fields in which functions are to be transferred by first Order in Council.

    3. Schedule 3

      Transfer etc. of functions: further provisions.

      1. Part I

        Functions transferable etc.

      2. Part II

        Continuing role for transferor etc.

      3. Part III

        Supplementary.

    4. Schedule 4

      Public bodies subject to reform by Assembly.

      1. Part I

        Bodies which may lose or gain functions.

      2. Part II

        Bodies which may lose functions or gain functions with consent.

      3. Part III

        Bodies which may only gain functions.

      4. Part IV

        Bodies which may only gain functions and only with consent.

    5. Schedule 5

      Bodies and offices covered by section 74.

    6. Schedule 6

      Her Majesty's Chief Inspector of Schools in Wales.

    7. Schedule 7

      Forestry Commissioners.

    8. Schedule 8

      Devolution issues.

      1. Part I

        Preliminary.

      2. Part II

        Proceedings in England and Wales.

      3. Part III

        Proceedings in Scotland.

      4. Part IV

        Proceedings in Northern Ireland.

      5. Part V

        General.

    9. Schedule 9

      Welsh Administration Ombudsman.

      1. Part I

        The Ombudsman.

      2. Part II

        Investigation of complaints.

    10. Schedule 10

      Amendments of Health Service Commissioners Act 1993.

    11. Schedule 11

      Relations with local government: supplementary.

      1. Part I

        The Partnership Council.

      2. Part II

        The local government scheme.

    12. Schedule 12

      Minor and consequential amendments.

    13. Schedule 13

      Welsh Development Agency: land provisions.

    14. Schedule 14

      Welsh Development Agency: other amendments.

      1. Part I

        Amendments of Welsh Development Agency Act 1975.

      2. Part II

        Amendments of other enactments.

    15. Schedule 15

      Development Board for Rural Wales.

    16. Schedule 16

      Housing for Wales.

    17. Schedule 17

      Audit etc. of Welsh public bodies.

      1. Part I

        Bodies subject generally to audit etc. provisions.

      2. Part II

        Bodies partially subject to audit etc. provisions.

      3. Part III

        Bodies subject only to provisions about accounting officers and examinations of use of resources.

    18. Schedule 18

      Repeals.

      1. Part I

        Welsh Administration Ombudsman and Health Service Commissioner for Wales.

      2. Part II

        Welsh public records.

      3. Part III

        Welsh Development Agency.

      4. Part IV

        Development Board for Rural Wales.

      5. Part V

        Land Authority for Wales.

      6. Part VI

        Housing for Wales.

      7. Part VII

        Residuary Body for Wales.

An Act to establish and make provision about the National Assembly for Wales and the offices of Auditor General for Wales and Welsh Administration Ombudsman; to reform certain Welsh public bodies and abolish certain other Welsh public bodies; and for connected purposes.

[31st July 1998]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--



Part I The National Assembly for Wales

The Assembly

1 The Assembly

(1) There shall be an Assembly for Wales to be known as the National Assembly for Wales or Cynulliad Cenedlaethol Cymru (but referred to in this Act as the Assembly).

(2) The Assembly shall be a body corporate.

(3) The exercise by the Assembly of its functions is to be regarded as done on behalf of the Crown.

2 Membership

(1) The Assembly shall consist of--

(a) one member for each Assembly constituency, and

(b) members for each Assembly electoral region.

(2) The Assembly constituencies and Assembly electoral regions, and the number of Assembly seats for each Assembly electoral region, shall be as provided for by or in accordance with Schedule 1.

(3) Members of the Assembly (referred to in this Act as Assembly members) shall be returned in accordance with the provision made by and under this Act for--

(a) the holding of ordinary elections of Assembly members, and

(b) the filling of vacancies in Assembly seats.

(4) An ordinary election involves the holding of elections for the return of the entire Assembly.

(5) The term of office of an Assembly member--

(a) begins when he is declared to be returned as an Assembly member, and

(b) continues until the end of the day before the day of the poll at the next ordinary election.

(6) But an Assembly member may at any time resign his seat by giving notice to--

(a) the presiding officer, or

(b) any person authorised by the standing orders of the Assembly to receive the notice.

(7) The validity of anything done by the Assembly is not affected by any vacancy in its membership.



Ordinary elections

3 Time of ordinary elections

(1) The poll at the first ordinary election shall be held on a day appointed by order made by the Secretary of State.

(2) The poll at each subsequent ordinary election shall be held on the first Thursday in May in the fourth calendar year following that in which the previous ordinary election was held.

(3) But the Secretary of State may by order require the poll at such an ordinary election to be held on a day which is neither--

(a) more than one month earlier, nor

(b) more than one month later,

than the first Thursday in May.

(4) Where the poll at an ordinary election would be held on the same day as polls at ordinary elections of community councillors, the Secretary of State may by order provide for the polls at ordinary elections of community councillors to be postponed, for not more than three months, to a day specified in the order.

(5) An order under subsection (4) may make provision for--

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

(b) any other enactment relating to elections of community councillors,

to have effect with such modifications or exceptions as the Secretary of State considers appropriate in connection with the postponement of polls for which it provides.

(6) No order shall be made under subsection (3), and no order in connection with an ordinary election subsequent to the first shall be made under subsection (4), unless the Secretary of State has consulted the Assembly.

4 Voting at ordinary elections

(1) Each person entitled to vote at an ordinary election in an Assembly constituency shall have two votes.

(2) One (referred to in this Act as a constituency vote) is to be given for a candidate to be the Assembly member for the Assembly constituency.

(3) The other (referred to in this Act as an electoral region vote) is to be given for--

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

(b) an individual who is a candidate to be an Assembly member for that Assembly electoral region.

(4) The Assembly member for the Assembly constituency shall be returned under the simple majority system.

(5) The Assembly members for the Assembly electoral region shall be returned under the additional member system of proportional representation in accordance with sections 5 to 7.

(6) The person who is to be returned as the Assembly member for each Assembly constituency in the Assembly electoral region must be determined before it is determined who are to be returned as the Assembly members for that Assembly electoral region.

(7) At an ordinary election a person may not be a candidate to be the Assembly member for more than one Assembly constituency.

(8) In this Act "registered political party" means a party registered under any enactment providing for the registration of political parties.

5 Party lists and individual candidates

(1) Any registered political party may submit a list of candidates to be Assembly members for the Assembly electoral region.

(2) The list is to be submitted to the regional returning officer.

(3) The list has effect in relation to--

(a) the ordinary election, and

(b) any vacancies in seats of Assembly members returned for Assembly electoral regions which occur after that election and before the next ordinary election.

(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 Assembly electoral region or any list submitted for another Assembly electoral region,

(b) who is an individual candidate to be an Assembly member for the Assembly electoral region or another Assembly electoral region,

(c) who is a candidate to be the Assembly member for an Assembly constituency which is not included in the Assembly electoral region, or

(d) who is a candidate to be the Assembly member for an Assembly constituency included in the Assembly electoral region but is not a candidate of the party.

(6) A person may not be an individual candidate to be an Assembly member for the Assembly electoral region if he is--

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

(b) an individual candidate to be an Assembly member for another Assembly electoral region,

(c) a candidate to be the Assembly member for an Assembly constituency which is not included in the Assembly electoral region, or

(d) a candidate of any registered political party to be the Assembly member for an Assembly constituency included in the Assembly electoral region.

6 Calculation of electoral region figures

(1) For each registered political party by which a list of candidates has been submitted for the Assembly electoral region--

(a) there shall be added together the number of electoral region votes given for the party in the Assembly constituencies included in the Assembly electoral region, and

(b) the number arrived at under paragraph (a) shall then be divided by the aggregate of one and the number of candidates of the party returned as Assembly members for any of those Assembly constituencies.

(2) For each individual candidate to be an Assembly member for the Assembly electoral region there shall be added together the number of electoral region votes given for him in the Assembly constituencies included in the Assembly electoral region.

(3) The number arrived at--

(a) in the case of a registered political party, under subsection (1)(b), or

(b) in the case of an individual candidate, under subsection (2),

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

7 Return of electoral region members

(1) The first seat for the Assembly electoral region shall be allocated to the party or individual candidate with the highest electoral region figure.

(2) The second and subsequent seats for the Assembly electoral region shall 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 section 6(1)(b) in relation to a party--

(a) for the first application of subsection (2), if the application of subsection (1) resulted in the allocation of a 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 shall be carried out after adding one to the aggregate mentioned in section 6(1)(b).

(4) An individual candidate already returned as an Assembly member shall be disregarded.

(5) Seats for the Assembly electoral region which are allocated to a party shall be filled by the persons on the party's list in the order in which they appear on the list.

(6) Once a party's list has been exhausted (by the return of persons included on it as Assembly members for Assembly constituencies or by the previous application of subsection (1) or (2)) the party shall 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 shall apply to each of them.

(8) However, where subsection (7) would mean that more than the full number of seats for the Assembly electoral region were allocated, subsection (1) or (2) shall not apply until--

(a) a recalculation has been carried out under section 6(1)(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 shall decide between them by lots.

(10) For the purposes of subsection (5) and section 9 a person included on a list submitted by a registered political party who is returned as an Assembly member shall be treated as ceasing to be on the list (even if his return is void).



Vacancies

8 Constituency seats

(1) This section applies where the seat of an Assembly member returned for an Assembly constituency is vacant.

(2) Subject to subsection (6), an election shall be held in the Assembly constituency to fill the vacancy.

(3) At the election to fill the vacancy, each person entitled to vote at the election shall have only a constituency vote; and the Assembly member for the Assembly constituency shall be returned under the simple majority system.

(4) The date of the poll at the election shall be fixed by the presiding officer in accordance with subsection (5).

(5) The date fixed shall be not later than three months after the occurrence of the vacancy, except that if the vacancy does not come to the presiding officer's notice within one month of its occurrence the date fixed shall be not later than three months after the vacancy comes to his notice.

(6) An election shall not be held if it appears to the presiding officer that the latest date which may be fixed for the poll would fall within the period of three months preceding an ordinary election.

(7) A person may not be a candidate in an election to fill a vacancy if he is an Assembly member or a candidate in another such election.

(8) For the purposes of this section a vacancy shall be taken to have occurred on such date as may be determined under the standing orders of the Assembly.

(9) References in this section and section 9 to the presiding officer include references to any person for the time being performing the functions of presiding officer.

9 Electoral region seats

(1) This section applies where the seat of an Assembly member returned for an Assembly electoral region is vacant.

(2) If the Assembly member was returned (under section 7 or this section) from the list of a registered political party, the regional returning officer shall notify to the presiding officer the name of the person who is to fill the vacancy.

(3) A person's name may only be so notified if he--

(a) is included on that list,

(b) is willing to serve as an Assembly member for the Assembly electoral region, and

(c) is not a person to whom subsection (4) applies.

(4) This subsection applies to a person if--

(a) he is not a member of the party, and

(b) the party gives notice to the regional returning officer that his name is not to be notified to the presiding officer as the name of the person who is to fill the vacancy.

(5) But where there is more than one person who satisfies the conditions in subsection (3), the regional returning officer may only notify the name of whichever of them was the higher, or highest, on that list.

(6) A person whose name is notified under subsection (2) shall be treated as declared to be returned as an Assembly member for the Assembly electoral region on the day on which notification of his name is received by the presiding officer.

(7) If--

(a) the Assembly member whose seat is vacant was returned as an individual candidate, or

(b) he was returned from the list of a registered political party but there is no-one who satisfies the conditions in subsection (3),

the seat shall remain vacant until the next ordinary election.



The franchise and conduct of elections

10 Entitlement to vote

(1) The persons entitled to vote at an election of Assembly members (or of an Assembly member) in an Assembly constituency are those who on the day of the poll--

(a) would be entitled to vote as electors at a local government election in an electoral area wholly or partly included in the Assembly constituency, and

(b) are registered in the register of local government electors at an address within the Assembly constituency.

(2) But a person is not entitled as an elector--

(a) to cast more than one constituency vote, or more than one electoral region vote, in the same Assembly constituency at any ordinary election,

(b) to vote in more than one Assembly constituency at any ordinary election, or

(c) to cast more than one vote in an election held under section 8.

11 Power to make provision about elections etc

(1) The Secretary of State may by order make provision as to--

(a) the conduct of elections for the return of Assembly members,

(b) the questioning of an election for the return of Assembly members and the consequences of irregularities, and

(c) the return of an Assembly member otherwise than at an election.

(2) The provision which may be made under subsection (1)(a) includes, in particular, provision--

(a) about the registration of electors,

(b) for disregarding alterations in a register of electors,

(c) about the limitation of the election expenses of candidates and registered political parties (and the creation of criminal offences in connection with the limitation of such expenses),

(d) for the combination of polls at elections for the return of Assembly members and other elections, and

(e) for modifying the operation of section 4 in a case where the poll at an election for the return of the Assembly member for an Assembly constituency is abandoned (or notice of it is countermanded).

(3) An order under this section may--

(a) apply or incorporate, with or without modifications or exceptions, any provision of, or made under, the Representation of the People Acts or the [1978 c. 10.] European Parliamentary Elections Act 1978 or any other enactment relating to parliamentary elections, European Parliamentary elections or local government elections,

(b) modify any form contained in, or in regulations or rules made under, the Representation of the People Acts so far as may be necessary to enable it to be used both for the original purpose and in relation to elections for the return of Assembly members, and

(c) so far as may be necessary in consequence of any provision made by this Act or an order under this section, amend any provision made by or under any enactment relating to the registration of parliamentary electors or local government electors.

(4) An order under this section may require sums to be paid by the Assembly.

(5) No return of an Assembly member at an election shall be questioned except by an election petition under the provisions of Part III of the Representation of the [1983 c. 2.] People Act 1983 as applied by or incorporated in an order under this section.

(6) In this Act "regional returning officer", in relation to any Assembly electoral region, means the person designated as the regional returning officer for the Assembly electoral region in accordance with an order under this section.



Disqualification

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12 Disqualification from being Assembly member

(1) A person is disqualified from being an Assembly member if--

(a) he is disqualified from being a member of the House of Commons under paragraphs (a) to (e) of section 1(1) of the [1975 c. 24.] House of Commons Disqualification Act 1975 (judges, civil servants, members of the armed forces, members of police forces and members of foreign legislatures),

(b) he holds any of the offices for the time being designated by Order in Council as offices disqualifying persons from being Assembly members,

(c) he holds the office of Auditor General for Wales or the office of Welsh Administration Ombudsman, or

(d) he is disqualified from being a member of a local authority under section 17(2)(b) or 18(7) of the [1998 c. 18.] Audit Commission Act 1998 (members of local authorities who are responsible for incurring or authorising unlawful expenditure or whose wilful misconduct has caused a loss or deficiency).

(2) Subject to section 13(1) and (2), a person is also disqualified from being an Assembly member if he is disqualified otherwise than under the [1975 c. 24.] House of Commons Disqualification Act 1975 (either generally or in relation to a particular constituency) from being a member of the House of Commons or from sitting and voting in it.

(3) For the purposes of subsection (2) the references to the Republic of Ireland in section 1 of the Representation of the [1981 c. 34.] People Act 1981 (disqualification of offenders detained in, or unlawfully at large from detention in, the British Islands or the Republic of Ireland) shall be treated as references to any member State (other than the United Kingdom).

(4) A person who holds office as lord-lieutenant, lieutenant or high sheriff of any area in Wales is disqualified from being an Assembly member for any Assembly constituency or Assembly electoral region wholly or partly included in that area.

(5) An Order in Council under paragraph (b) of subsection (1) may designate particular offices or offices of any description and may designate an office by reference to any characteristic of a person holding it; and in that paragraph and this subsection "office" includes any post or employment.

(6) No recommendation shall be made to Her Majesty in Council to make an Order in Council under subsection (1)(b) unless a draft of the statutory instrument containing the Order in Council has been laid before, and approved by a resolution of, each House of Parliament.

(7) But subsection (6) does not apply in the case of an Order in Council varying or revoking a previous Order in Council if the Assembly has resolved that the Secretary of State be requested to recommend the making of the Order in Council.

13 Exceptions and relief from disqualification

(1) A person is not disqualified from being an Assembly member merely because--

(a) he is a peer (whether of the United Kingdom, Great Britain, England or Scotland), or

(b) he has been ordained or is a minister of any religious denomination.

(2) A citizen of the European Union who is resident in the United Kingdom is not disqualified from being an Assembly member merely because of section 3 of the Act of Settlement (disqualification of persons born outside the United Kingdom other than Commonwealth citizens and citizens of the [1700 c. 2.] Republic of Ireland).

(3) Where a person was, or is alleged to have been, disqualified from being an Assembly member on a ground within section 12(1)(a), (b) or (c) or (4), the Assembly may resolve that any disqualification incurred by that person on that ground is to be disregarded if it appears to the Assembly--

(a) that that ground has been removed, and

(b) that it is proper so to resolve.

(4) A resolution under subsection (3) shall not--

(a) affect any proceedings under Part III of the Representation of the [1983 c. 2.] People Act 1983 as applied by or incorporated in an order under section 11, or

(b) enable the Assembly to disregard any disqualification which has been established in such proceedings or in proceedings under section 15.

14 Effect of disqualification

(1) If a person who is disqualified from being an Assembly member, or from being an Assembly member for a particular Assembly constituency or Assembly electoral region, is returned as an Assembly member or as an Assembly member for that Assembly constituency or Assembly electoral region, his return shall be void and his seat vacant.

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