Government of Wales Act 2006

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Extract

Government of Wales Act 2006

An Act to make provision about the government of Wales.

[25 th July 2006]

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 1 National Assembly for Wales

The Assembly

1 The Assembly

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

(2) The Assembly is to consist of—

(a) one member for each Assembly constituency (referred to in this Act as “Assembly constituency members”) , and

(b) members for each Assembly electoral region (referred to in this Act as “Assembly regional members”).

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

(a) the holding of general elections of Assembly members (for the return of the entire Assembly) , and

(b) the filling of vacancies in Assembly seats.

(4) The validity of any Assembly proceedings is not affected by any vacancy in its membership.

(5) In this Act “Assembly proceedings” means any proceedings of—

(a) the Assembly,

(b) committees of the Assembly, or

2 Assembly constituencies and electoral regions

(1) The Assembly constituencies are the parliamentary constituencies in Wales (as specified in the Parliamentary Constituencies and Assembly Electoral Regions (Wales) Order 2006 (S.I. 2006/1041)).

(2) There are five Assembly electoral regions.

(3) The Assembly electoral regions are as specified in the Parliamentary Constituencies and Assembly Electoral Regions (Wales) Order 2006.

(4) There are four seats for each Assembly electoral region.

(5) For provision about alterations in the Assembly electoral regions and in the allocation of seats to those regions see Schedule 1.

(6) Subsections (1) , (3) and (4) are subject to any Order in Council under the Parliamentary Constituencies Act 1986 (c. 56) , as that Act has effect as extended by that Schedule.

General elections

3 Ordinary general elections

(1) The poll at an ordinary general election is to be held on the first Thursday in May in the fourth calendar year following that in which the previous ordinary general election was held, unless provision is made for the day of the poll by an order under section 4.

(2) If the poll is to be held on the first Thursday in May, the Assembly—

(a) is dissolved by virtue of this section at the beginning of the minimum period which ends with that day, and

(b) must meet within the period of seven days beginning immediately after the day of the poll.

(3) In subsection (2) “the minimum period” means the period determined in accordance with an order under section 13.

(4) In calculating any period of days for the purposes of subsection (2)(b) , the following days are to be disregarded—

(a) Saturday and Sunday,

(b) any day which is a bank holiday in Wales under the Banking and Financial Dealings Act 1971 (c. 80) , and

4 Power to vary date of ordinary general election

(1) The Secretary of State may by order provide for the poll at an ordinary general 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.

(2) An order under this section must make provision for the Assembly—

(a) to be dissolved on a day specified in the order, and

(b) to meet within the period of seven days beginning immediately after the day of the poll.

(3) In calculating any period of days for the purposes of provision made by virtue of subsection (2)(b) , the following days are to be disregarded—

(a) Saturday and Sunday,

(b) Good Friday,

(d) any day appointed for public thanksgiving or mourning.

(4) An order under this section may make provision for—

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

(b) any other enactment relating to the election of Assembly members,

to have effect with such modifications or exceptions as the Secretary of State considers appropriate in connection with the alteration of the day of the poll.

(5) No order is to be made under this section unless the Secretary of State has consulted the Welsh Ministers about it.

(6) A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

5 Extraordinary general elections

(1) The Secretary of State must propose a day for the holding of a poll at an extraordinary general election if subsection (2) or (3) applies.

(2) This subsection applies if—

(a) the Assembly resolves that it should be dissolved, and

(b) the resolu...

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