14.Section 2 provides for the ‘trigger events’ which lead to a member becoming subject to a recall poll. There are two trigger events: trigger event A and trigger event B.
15.Trigger event A is that a member, after becoming a member, has been convicted in the United Kingdom of an offence and sentenced or ordered to be imprisoned or detained. Trigger event A applies only to convictions received after a person becomes a member. For the purposes of this Act, a person becomes a member when they are declared returned at the beginning of the member’s current term of office; convictions in any previous terms served do not lead to trigger event A occurring (see section 3(4)).
16.The disqualification provisions in paragraph 6 of Schedule 1A to the 2006 Act will apply to a member who is sentenced or ordered to be imprisoned or detained indefinitely or for more than 1 year. Any member who is convicted and sentenced or ordered to a term of imprisonment below this threshold or which does not otherwise trigger disqualification, will be subject to a recall poll in accordance with section 2(2).
17.Trigger event B is that the Senedd resolves to submit the member to a recall poll following a report from the Standards of Conduct Committee (“the Committee”) recommending that a member be submitted to a recall poll (subsection (4)).
Commentary on Sections Part 1 – Recall of Members of the Senedd Section 2 – How a Member of the Senedd becomes subject to a recall poll