Commentary on Sections Part 2 Elected Bodies and Their Members Chapter 3: Disqualification and Undue Influence Section 61 – Disqualification from being a Member of the Senedd and a community councillor
164.Section 61 amends section 16(1) of GOWA 2006, which specifies the persons who are disqualified from becoming or continuing to be a member of the Senedd (but not from being a candidate to be a Member of the Senedd). It also repeals sections 17B, 17E and 17F of GOWA 2006 which provide for certain limited exceptions from disqualification from Membership of the Senedd by virtue of being a member of other elected bodies, and amends section 17D of GOWA 2006.
165.Section 16(1)(za) of GOWA 2006 provides that a person is disqualified from being a Member of the Senedd if the person is a member of the House of Commons. Section 17B of GOWA 2006 provides an exception from disqualification for a Member of the Senedd returned as a member of the House of Commons within 372 days of the expected day of the next general election of Members of the Senedd. Section 61(3) removes section 17B from GOWA 2006 so that the exception no longer applies.
166.Section 16(1)(zc) of GOWA 2006 provides that a person is disqualified from being a Member of the Senedd if the person is a member of the council of a county or county borough in Wales. Section 61(2)(b) extends this disqualification provision to a person who is a member of a community council in Wales, to bring the arrangements for community councillors (including town councillors) in Wales into line with the disqualification regime for principal councillors in Wales.
167.Section 17D of GOWA 2006 provides for an exception from disqualification for newly elected members for a certain period. A person returned as a Member at an election of the Senedd is not disqualified from being a Member of the Senedd by virtue of being a member of the council of a county or county borough in Wales until that person purports to take the oath of allegiance (or corresponding affirmation) under GOWA 2006. Also, a Member of the Senedd who is returned as a member of a council of a county or county borough in Wales is not disqualified from being a Member of the Senedd until that person makes a declaration of acceptance under the Local Government Act 1972. Section 61(4) amends section 17D so that they also apply where the person is, or is returned as, a member of a community council in Wales.
168.Section 17E of GOWA 2006 provides for a time limited exception from disqualification if a member of the council of a county or county borough in Wales is returned as a Member of the Senedd; and the expected day of the next ordinary election of members of the council is within 372 days of the return day. Section 61(5) removes section 17E of GOWA 2006 so that the exception no longer applies. Section 17F of GOWA 2006 provides for a time limited exception from disqualification if a Member of the Senedd was returned as a member of a council of a county or county borough in Wales and the expected day of the next general election to the Senedd is within 372 days of the return day. Section 61(6) removes section 17F of GOWA 2006 so that the exception no longer applies. Section 61(7) provides that these changes will take effect for the purposes of an election for the Senedd at which the poll is held on or after 6 April 2026.