23.Section 6 sets out the requirements on the Presiding Officer once the Presiding Officer has become aware a trigger event has occurred. Subsection (1) requires the Presiding Officer to fix a date for a recall poll as soon as reasonably practicable after becoming aware that a trigger event has occurred in relation to a member and notify the constituency returning officer for the relevant constituency of that fact. The date the Presiding Officer fixes for the poll must be in accordance with subsection (4) and the notice to the constituency returning officer must be in accordance with subsection (5).
24.Subsection (2) sets out the circumstances in which the duty to fix a date for the recall poll does not apply: if it would require the Presiding Officer to fix a date within 6 months of the next scheduled ordinary general election of the Senedd; after such an election; if a member is already subject to a recall poll; or if a member’s seat has already been vacated. For the purpose of subsection 2(c) subsection (3) defines the term “subject to a recall poll”. This provision ensures a member cannot become subject to a recall poll when already subject to a recall poll.
Commentary on Sections Part 1 – Recall of Members of the Senedd Section 6 – Presiding Officer’s duty to fix date for recall poll and give notice of trigger event