Government of Wales Act 2006

Type Public General Act
Publication 2006-07-25
Last updated 2026-01-08
State In force
Department Statute Law Database
articles Not indexed
Reform history JSON API
  • (b) ending at the end of the period of eight days beginning with the day of the first meeting of the new Parliament.
17D
  • (1) A person returned at an election as a Member of the Senedd is not disqualified under section 16(1)(zc) (disqualification by virtue of being a member of the council of a county or county borough or community council in Wales) at any time before the person purports to take the oath of allegiance (or make the corresponding affirmation) in compliance with section 23(1) or 55(2).
  • (2) A Member of the Senedd who is returned at an election as a member of the council of a county or county borough or community council in Wales is not disqualified under section 16(1)(zc) at any time before the person makes a declaration of acceptance of office under section 83 of the Local Government Act 1972 (c. 70).
17E

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

17F

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

Proceedings on proposed Assembly Measures

Status of officials of body that collects and manages devolved taxes

Tax on transactions involving interests in land

Tax on transactions involving interests in land

Duty to disclose information on Welsh land transactions to HMRC

Tax on disposals to landfill

SCHEDULE 1A

PART 1 — CATEGORIES OF PERSONS DISQUALIFIED

1

A person who has not attained the age of 18 before the day on which the person is nominated as a candidate for election as a Member of the Senedd.

2
  • (1) A person who is not—
  • (a) a British citizen,
  • (b) a qualifying Commonwealth citizen,
  • (c) a qualifying foreign citizen,
  • (d) a citizen of the Republic of Ireland, or
  • (e) a citizen of the European Union who is resident in the United Kingdom.
  • (2) For the purposes of sub-paragraph (1), a person is a qualifying Commonwealth citizen if that person is a Commonwealth citizen who either—
  • (b) is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act.
  • (3) For the purposes of sub-paragraph (1), a qualifying foreign citizen is a person resident in the United Kingdom who—
  • (a) is not a Commonwealth citizen, a citizen of the Republic of Ireland or a citizen of the European Union, and
  • (b) either—
  • (i) is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or
  • (ii) is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act.
  • (4) But a person is not a qualifying Commonwealth citizen by virtue of sub-paragraph (2)(a) or a qualifying foreign citizen by virtue of sub-paragraph (3)(b)(i) if that person does not require leave to enter or remain in the United Kingdom by virtue only of section 8 of the Immigration Act 1971 (exceptions to requirement for leave in special cases).
3

A person in respect of whom one or more of the following orders has effect—

  • (b) a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986, Part 13 of the Bankruptcy (Scotland) Act 2016 (asp 21) or Schedule 2A to the Insolvency (Northern Ireland) Order 1989.
4

A person who is disqualified from being a member of the House of Commons under section 427 of the Insolvency Act 1986 because of an award of sequestration made by a court in Scotland.

5

A person who is incapable of being elected to the House of Commons having been reported personally guilty or convicted of a corrupt or illegal practice under the Representation of the People Act 1983 (c. 2).

6
  • (1) A person found guilty of one or more offences (whether before or after the passing of this Act and whether in the United Kingdom or elsewhere), and sentenced or ordered to be imprisoned or detained indefinitely or for more than one year.
  • (2) A person is disqualified under this paragraph only while the person is—
  • (a) detained anywhere in the United Kingdom, the Channel Islands, the Isle of Man, or elsewhere in the European Union, in pursuance of the sentence or order, or
  • (b) unlawfully at large at a time when the person would otherwise be so detained.
7

A person subject to—

  • (b) an order under Chapter 2 of Part 11 of the Sentencing Code.

PART 2 — OFFICES THAT DISQUALIFY THE HOLDER

Interpretation

(A) Elections for membership of the House of Commons and the European Parliament

Preparation of Assembly's annual accounts for financial year ending 31st March 2007

Preparation of whole of government accounts for year ending 31st March 2007

Auditor General's staff

Audit of Auditor General's accounts

Audit Committee reports

Examinations into use of resources by the 1998 Assembly

Scrutiny of proposed Assembly Measures by Supreme Court

Scrutiny of proposed Assembly Measures by Supreme Court

Power to intervene in certain cases

Referendum about commencement of Assembly Act provisions

Referendum about commencement of Assembly Act provisions

Introduction of Bills: justice impact assessment

Bills with protected subject-matter: super-majority requirement

Status of officials of body that collects and manages devolved taxes

Scrutiny of Bills by Supreme Court (legislative competence)

Bills with protected subject-matter: super-majority requirement

Scrutiny of Bills by Supreme Court (legislative competence)

Overview of Part 4A

Status of officials of body that collects and manages devolved taxes

Tax on transactions involving interests in land

Tax on disposals to landfill

Translation of references to Senedd Cymru etc.

Power to vary retrospective decisions

Interpretation of legislation

Power to vary retrospective decisions

Interpretation of legislation

Functions exercisable in relation to Wales

Minor and consequential amendments

Commencement

Commencement

Index of defined expressions

Commencement

Interpretation

Exception

(A) Elections for membership of the House of Commons and the European Parliament

Preparation of Assembly's annual accounts for financial year ending 31st March 2007

Preparation of Assembly's annual accounts for financial year ending 31st March 2007

Preparation of whole of government accounts for year ending 31st March 2007

Auditor General's staff

Audit of Auditor General's accounts

Approval of proposed Assembly Measures

Referendum about commencement of Assembly Act provisions

Approval of proposed Assembly Measures

Bills with protected subject-matter: super-majority requirement

Scrutiny of Bills by the Supreme Court (protected subject-matter)

Scrutiny of Bills by Supreme Court (legislative competence)

Scrutiny of Bills by Supreme Court (legislative competence)

Status of officials of body that collects and manages devolved taxes

Duty to disclose information on Welsh land transactions to HMRC

Duty to disclose information on Welsh land transactions to HMRC

Functions of Auditor General

Intervention in case of functions relating to water etc.

Intervention in case of functions relating to water etc.

Index of defined expressions

Index of defined expressions

Data Protection Act 1998

Interpretation

(A) Elections for membership of the House of Commons and the European Parliament

Exception

Audit of Auditor General's accounts

Audit of Auditor General's accounts

Examinations into use of resources by the 1998 Assembly

Remuneration of the Auditor General

Remuneration etc. of the Public Services Ombudsman for Wales

Remuneration etc. of the Public Services Ombudsman for Wales

Remuneration etc. of the Public Services Ombudsman for Wales

Duty to disclose information on Welsh land transactions to HMRC

Duty to disclose information on Welsh land transactions to HMRC

Translation of references to Senedd Cymru etc.

Minor and consequential amendments

Commencement

Interpretation

Exceptions

(A) Elections for membership of the House of Commons ...

Exception

Examinations into use of resources by the 1998 Assembly

Examinations into use of resources by the 1998 Assembly

Remuneration etc. of the Public Services Ombudsman for Wales

Remuneration etc. of the Public Services Ombudsman for Wales

Approval of proposed Assembly Measures

Introduction of Bills

Overview of Part 4A

Status of officials of body that collects and manages devolved taxes

Tax on transactions involving interests in land

Duty to disclose information on Welsh land transactions to HMRC

Interpretation

Audit of Auditor General's accounts

Audit Committee reports

Remuneration of the Auditor General

Approval of proposed Assembly Measures

Status of officials of body that collects and manages devolved taxes

Power to add new devolved taxes

Duty to disclose information on Welsh land transactions to HMRC

Functions exercisable in relation to Wales

Interpretation

Data Protection Act 1998

Preliminary

Approval of proposed Assembly Measures

Welsh Seal : Letters Patent and proclamations

Status of officials of body that collects and manages devolved taxes

Power to add new devolved taxes

Tax on transactions involving interests in land

Duty to disclose information on Welsh land transactions to HMRC

Interpretation

Preliminary

Exceptions

6A

A person subject to a disqualification order under section 30 of the Elections Act 2022 (disqualification of offenders for holding elective office etc).

Voting at general elections

Exception from disqualification by virtue of being a member of the House of Lords

Judicial proceedings as to disqualification

8

A person who is not registered in the register of local government electors at an address within a Senedd constituency.

Auditor General's staff

Audit of Auditor General's accounts

Audit Committee reports

Overview of Part 4A

Welsh Consolidated Fund

Contingencies

(A) Elections for membership of the House of Commons ...

5A

A person who is incapable of being elected to or holding elective office in a district council in Northern Ireland under Part 10 of the Electoral Law Act (Northern Ireland) 1962 (c. 14) having been reported guilty or convicted of a corrupt or illegal practice.

Preparation of Assembly's annual accounts for financial year ending 31st March 2007

Preparation of whole of government accounts for year ending 31st March 2007

Auditor General's staff

...

Audit Committee reports

Examinations into use of resources by the 1998 Assembly

...

...

13B
  • (1) A Minister of the Crown or the Welsh Ministers may by regulations make provision about the use of the UK digital service in relation to absent voting applications.
  • (2) The provision that may be made under subsection (1) includes, in particular, provision—
  • (a) conferring functions on a Minister of the Crown to enable absent voting applications to be submitted through the UK digital service;
  • (b) where such applications are, or are to be, so submitted—
  • (i) authorising a Minister of the Crown, in prescribed circumstances, to complete applications in part for people;
  • (ii) about how any requirement for an applicant to provide a signature in connection with an application may be satisfied;
  • (c) about the disclosure of prescribed information or evidence through the UK digital service;
  • (d) about the disclosure of prescribed information or evidence in connection with an absent voting application in relation to which the UK digital service is, or is to be, used.
  • (3) Subject to subsection (4), the disclosure or other processing of information in accordance with provision made under this section does not breach—
  • (a) any obligation of confidence owed by the person processing the information;
  • (b) any other restriction on the processing of information (however imposed).
  • (4) Provision made under this section does not require or authorise the disclosure or other processing of personal data that would contravene the data protection legislation (but in determining whether particular processing of data would do so, take into account the duty imposed or the powers conferred by such provision).
  • (5) The Welsh Ministers may not make regulations under this section without the agreement of a Minister of the Crown.
  • (6) No regulations may be made under this section by a Minister of the Crown unless a draft of a statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.
  • (7) No regulations may be made under this section by the Welsh Ministers unless a draft of a statutory instrument containing them has been laid before, and approved by a resolution of, the Senedd.
  • (8) In this section—
  • “absent voting application” means an application (including a partially completed application) to vote by post or proxy at an election for membership of the Senedd, or at elections for membership of the Senedd, in accordance with an order under section 13;
  • “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act);
  • “personal data” and “processing” have the same meaning as in the Data Protection Act 2018 (see section 3(2) and (4) of that Act);
  • “prescribed” means prescribed by regulations made under this section;
  • “the UK digital service” means a digital service provided by a Minister of the Crown for the registration of electors, and a reference to an absent voting application submitted through the UK digital service is a reference to such an application submitted using that service as an intermediary.

Power to add new devolved taxes

Appropriation without Budget resolution

Welsh Ministers' accounts

Functions of Auditor General

Renewable energy incentive schemes

Translation of references to Senedd Cymru etc.

Intervention in case of functions relating to water etc.

Interpretation of legislation

Functions exercisable in relation to Wales

Index of defined expressions

Minor and consequential amendments

Persons not registered in electoral register at an address in Wales

Interpretation

Data Protection Act 1998

Preliminary

Exceptions

Interpretation

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.