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A full copy of the Assembly Standing Orders is available on the Standing Orders page​

Section 4.1 - Standing Orders relating to Standards of Conduct

Standing Order 2 – Financial and Other Interests of Members

Registration of Financial and Other Interests

2.1     The Presiding Officer must maintain and publish a Register of Interests of Members and copies must be available for inspection by Members and by the public.

2.2     The interests set out in the Annex to Standing Order 2 must be registered in the Register of Interests by completion of a form prescribed by the Presiding Officer.

2.3     Within eight weeks of a Member taking the oath of allegiance or making the corresponding affirmation, he or she must complete the form prescribed by the Presiding Officer, setting out all the particulars of the interests required to be registered by Standing Order 2; and must sign the form and deliver it to the Clerk.

2.4     Within four weeks of any change occurring, a Member must notify the Presiding Officer of the change in his or her registered interests by completing the form prescribed by the Presiding Officer and must sign the form and deliver it to the Clerk.

2.5     A Member may deliver the form referred to in Standing Order 2.3 or 2.4 by taking it to the Clerk or arranging for another person to do so or by post, but the form is not to be regarded as having been delivered until it is received by the Clerk.

Declaration of Registrable Interests before Taking Part in Any Assembly Proceedings

2.6     In the circumstances specified in Standing Order 2, before taking part in any Assembly proceedings, a Member must make an oral declaration of any financial interest which he or she has, or may be expecting to have, or which, to the Member's knowledge, the Member's partner or any dependent child of the Member has, or may be expecting to have in any matter arising in those proceedings.

2.7     An oral declaration under Standing Order 2.6 must be made in relation to any interest which is specified in paragraph 5 of the Annex to Standing Order 2 if a particular decision in those proceedings might result in a direct financial advantage to the Member, or, to the Member's knowledge, the Member's partner or any dependent child of the Member, greater than that which might accrue to the electorate generally.

Lobbying for Reward or Consideration

2.8    A Member must not advocate or initiate any cause or matter on behalf of any body or individual in any Assembly proceedings, or urge any other Member to advocate or initiate any cause or matter in any such proceedings, in return for any payment or benefit in kind, direct or indirect, which the Member, or to the Member's knowledge his or her partner or any dependent child of the Member, has received or expects to receive.

Prohibition of Voting

2.9     Where a Member is required under Standing Order 2.6 to declare an interest in a matter before taking part in any Assembly proceedings, that Member must not vote on any proposal relating to that matter in those proceedings. Standing Order 2.9 does not apply in relation to the exercise of a casting vote under Standing Order 6.20.


 

Standing Order 2 – Financial and Other Interests of Members: Annex

The interests which are to be registered in the Register of Interests of Members and which for the purposes of Standing Order 2.6 are to be declared before taking part in any Assembly proceedings.

General


 

1. Members should, in listing their registrable interests, have regard to any relevant resolutions, codes of practice or guidance notes which the Assembly may have adopted on this matter.

2. Any remunerated activity in the areas of public relations and political advice and consultancy relating to the functions of the Assembly must be included in that part of the register relating to remunerated employment, office or profession. Such activity includes any action connected with any Assembly proceedings, sponsoring of functions in the Assembly buildings, and making representations to the government, or any member of that government or of its staff.

3. The majority of the interests specified in the categories below include a reference to interests independently possessed by or given to the partner or any dependent child of the Member, and these must also be registered if such interests are known to the Member.

4. For the purposes of the registration and declaration of interests under Standing Order 2 specified in this Annex:

(i) a Member's partner means a spouse, civil partner or one of a couple whether of the same sex or of the opposite sex who although not married to each other are living together and treat each other as spouses; and

(ii) a dependent child is any person who, at the time of registration is under the age of sixteen or is under the age of nineteen and receiving full-time education by attendance at a recognised educational establishment and is:

(a) a child of the Member;

(b) a step-child of the Member by marriage or by civil partnership;

(c) a child legally adopted by the Member;

(d) a child whom the Member intends legally to adopt; or

(e) a child who, for at least the previous six calendar months, has been financially supported by the Member.

 

The Registrable Interests

The registrable interests are:

(i) remunerated directorships held by the Member or, to the Member's knowledge, the Member's partner or any dependent child of the Member, in public and private companies including directorships which are individually unremunerated but where remuneration is paid through another company in the same group;

(ii) employment, office, trade, profession or vocation (apart from membership of the Assembly) for which the Member or, to the Member's knowledge, the Member's partner, is remunerated, or in which the Member or, to the Member's knowledge, the Member's partner or any dependent child of the Member over the age of sixteen, has any pecuniary interest, including the receipt of any public funds;

(iii) the names of clients when the interests referred to in paragraphs (i) and (ii) above include services by the Member or, to the Member's knowledge, the Member's partner or any dependent child of the Member over the age of sixteen, which arise out of, or are related in any manner to, his or her membership of the Assembly;

(iv) gifts, hospitality, material benefits or advantage above a value specified in any resolution of the Assembly received by the Member or, to the Member's knowledge, the Member's partner or any dependent child of the Member, from any company, organisation or person which arise out of, or are related in any manner to, membership of the Assembly;

(v) any remuneration or other material benefit which a Member or, to the Member's knowledge, the Member's partner or any dependent child of the Member, receives from any public or private company or other body which, to the Member's knowledge, has tendered for, is tendering for, or has, a contract with the Assembly Commission or the Welsh Government;

(vi) financial sponsorship (a) as a candidate for election to the Assembly, where to the knowledge of the Member the sponsorship in any case exceeds 25 per cent of the candidate's election expenses, or (b) as a Member of the Assembly by any person or organisation. In registering such an interest, a Member must state whether any such sponsorship includes any payment to the Member or any material benefit or advantage;

(vii) subject to any resolution of the Assembly, overseas visits made by the Member or, to the Member's knowledge, the Member's partner or any dependent child of the Member, which arise out of, or are related in any manner to, membership of the Assembly where the cost of any such visit has not been wholly borne by the Member or from funds provided by the Assembly or by Parliament or by any organisation of which the Assembly is a member;

(viii) any land and property of the Member or, to the Member's knowledge, the Member's partner or any dependent child of the Member, which has a substantial value as specified in any resolution of the Assembly or from which a substantial income is derived other than any home used for the personal residential purposes of the Member, the Member's partner or any dependent child of the Member;

(ix) the names of companies or other bodies in which the Member has, either alone or with or on behalf of the Member's partner or any dependent child of the Member, a beneficial interest, or in which, to the Member's knowledge, the Member's partner or a dependent child of the Member has a beneficial interest, in shareholdings of a market value greater than one per cent of the issued share capital, or less than one per cent but more than an amount specified in any resolution of the Assembly;

(x) paid or unpaid membership or chairmanship by the Member or, to the Member's knowledge, the Member's partner or any dependent child of the Member, of any body funded in whole or in part out of funds provided by the Assembly Commission or the Welsh Government, where the Member knows, or ought to have known, of the Assembly Commission or Welsh Government funding.


 

Standing Order 3 – Recording of the Employment of Family Members with the Support of Commission Funds.

[Note: a requirement for notification under Standing Order 3 is in addition to any requirement to register the employment of a Member's partner or dependent child under Standing Order 2. Where Standing Order 2 requires a Member to register the employment of a spouse or dependent child under that Standing Order, the Member must do that in addition to any notification required under Standing Order 3.]

3.1    A Member who at any time, with the support of Commission funds, employs, either directly or indirectly, a person whom that Member knows to be a family member of that Member or of another Member must, no later than the date specified in Standing Order 3.4, make a notification under Standing Order 3.

3.2     In Standing Order 3:

(i) "family member" means:

(a) a partner of a Member;

(b) a child or grand-child of a Member;

(c) a parent or grand-parent of a Member;

(d) a brother or sister of a Member;

(e) a nephew or niece of a Member; or

(f) an uncle or aunt of a Member;

(ii) "partner" means a spouse, civil partner or one of a couple whether of the same sex or of the opposite sex who although not married to each other are living together and treat each other as spouses;

(iii) the expressions "child", "grand-child", "parent", "grand-parent", "brother", "sister", "uncle" and "aunt" apply equally to half-, step-, foster- and adoptive relationships and also apply to persons having the relationship in question to the partner of the Member;

(iv) "Commission funds" means amounts paid by the Commission by way of allowances under sections 20, 21 or 53 of the Act.

3.3 The notification required by Standing Order 3 must include the following information:

(i) the Member's name;

(ii) if the employee is a family member of another Member or Members, the name of that other Member or of those other Members;

(iii) the full name of the employee;

(iv) the relationship of the employee to the Member (or, where appropriate, to the Member or Members referred to in (ii));

(v) the capacity in which the employee is employed, including any job title;

(vi) the date on which the employment commenced;

(vii) if the employment has ceased, the date on which it ceased; and

(viii) the hours which the employee is contracted to work each week.

3.4 Notification must be made:

(i) within eight weeks of the date on which the Member takes the oath or affirmation of allegiance; or

(ii) within four weeks of:

(a) the first occasion on which the family member receives a payment with the support of Commission funds;

(b) the date on which the employee becomes a family member of that Member or of another Member; or

(c) the date when the Member first becomes aware of the fact that the employee is a family member of that Member or of another Member,

Whichever is the later.

3.5 If:

(i) notification has been given under Standing Order 3; and

(ii) there has been any change to the information which was included in that notification,

the Member must, within four weeks of the date on which that change took place, make notification of that change.

3.6 Notification under SO 3.1 or under SO 3.5 must be given by completing and signing the form prescribed by the Presiding Officer for the purpose and delivering it to the Clerk.

3.7 The Presiding Officer must maintain a record of the notifications made by Members under Standing Order 3 and must publish the record and make a copy available for inspection by Members and by the public.

3.8 Members are under a continuing duty to ensure, by inspecting the record of notifications from time to time, that it correctly contains the particulars notified by them under Standing Order 3.1 or 3.5.


 

Standing Order 4 – Recording Time Involved in Registrable Activities

General

4.1    Where a Member is required to register an interest, in accordance with Standing Order 2.2, that Member must at the same time, where that interest is also a registrable activity, make a notification under Standing Order 4.

4.2    For the purposes of Standing Order 4, a "registrable activity" is a registrable interest which falls within either:

(i) sub-paragraph (i) of paragraph 5 of the Annex to Standing Order 2 (remunerated directorships); or

(ii) sub-paragraph (ii) of that paragraph (employments, offices, trades, professions or vocations),

and relates to the Member himself or herself (rather than to a partner or dependent child of the Member).

Notification

4.3    Notification is to be by reference to the following bands:

(i) Band 1: Less than 5 hours per week;

(ii) Band 2: Between 5 and 20 hours per week;

(iii) Band 3: More than 20 hours per week.

4.4    Notification must state into which of those bands the average number of hours which the Member devotes (or expects to devote) to each registrable activity each week will fall.

4.5    If (whether as a result of a change of circumstances or for any other reason) the notification which a Member has given in relation to a registrable activity is no longer correct, the Member must, within four weeks, make a further notification under Standing Order 4.

4.6    Notification must be given by completing and signing the form prescribed by the Presiding Officer for the purpose and delivering it to the Clerk.

Publication

4.7    The Presiding Officer must maintain a record of the notifications made by Members under Standing Order 4 and must publish the record and make a copy available for inspection by Members and by the public.

Form of Notification and Record

4.8    The form prescribed by the Presiding Officer under Standing Order 4.6 may be combined with the form prescribed by the Presiding Officer under Standing Order 2.2.

4.9    The record of notifications maintained by the Presiding Officer under Standing Order 4.7 may be combined with the Register of Interests maintained by the Presiding Officer under Standing Order 2.1.


 

Standing Order 5 – Recording of Membership of Societies

5.1    A notification must be made by any Member of any membership, or position of general control or management, of a private society or a private club which has entry requirements for membership.

5.2    For the purposes of Standing Order 5.1, "entry requirements for membership" does not include:

(i) the requirement to pay a subscription; or

(ii) the agreement to and signing of terms and conditions of membership of the society or club (other than any term and condition relating to selection for membership).

5.3    The Presiding Officer must maintain and publish a record of the notifications by Members of the matters set out in Standing Order 5.1 and copies must be available for inspection by Members and by the public.

5.4    Notifications must be made by completion of a form prescribed by the Presiding Officer.

5.5    Within eight weeks of a Member taking the oath of allegiance or making the corresponding affirmation, he or she must complete the form prescribed by the Presiding Officer, and must sign the form and deliver it to the Clerk.

5.6     Within four weeks of membership or change to membership occurring, a Member must notify the Presiding Officer by completion of the prescribed form; and must sign the form and deliver it to the Clerk.

5.7     The form referred to in Standing Order 5.5 or 5.6 is not to be regarded as having been delivered until it is received by the Clerk.

5.8     Members are under a continuing duty to ensure, by inspecting the record of notifications from time to time, that it correctly contains the particulars notified by them under Standing Order 5.5 or 5.6.


 

Standing Order 22 – Standards of Conduct

Committee

22.1      In proposing the remits of committees under Standing Order 16.2 or 16.3, the Business Committee must ensure that there is a committee (referred to within Standing Order 22 as "the responsible committee") with responsibility for the functions specified in Standing Order 22.

Functions

22.2 The responsible committee must:

(i) investigate, report on and, if appropriate, recommend action in respect of any complaint referred to it by the Commissioner for Standards that a Member has not complied with:

(a) Standing Order 2;

(b) any Assembly resolution relating to the financial or other interests of Members;

(c) Standing Order 5;

(d) any Assembly resolution relating to Members' standards of conduct;

(e) any code or protocol made under Standing Order 1.10 and in accordance with section 36(6) of the Act;

(f) Standing Order 3; or

(g) Standing Order 4;

(ii) consider any matters of principle relating to the conduct of Members generally;

(iii) supervise the arrangements for the compilation, maintenance and accessibility of the Register of Members' Interests, the Record of the Employment of Family Members with the Support of Commission Funds, the Record of Members' Time Involved in Registrable Activities and the Record of Membership of Societies and the form and content of the Register and the Records; and

(iv) establish and lay before the Assembly procedures for the investigation of complaints under Standing Order 22.2(i).

Membership

22.3 The Presiding Officer must not be a member of the responsible committee, but is entitled to submit papers to it for the purpose of drawing to its attention such considerations as he or she considers appropriate.

22.4 Subject to Standing Order 22.5, Standing Order 17.48 must not apply to the responsible committee.

22.4 A   The Assembly must elect an alternate member from the same political group for each member of the responsible committee, for the purposes of Standing Order 22.5.

22.5 Where a member of the responsible committee is subject to, or otherwise directly connected with, a complaint under Standing Order 22.2(i), he or she may take no part in any consideration of the complaint by the responsible committee. In such circumstances and in relation solely to the consideration of the complaint concerned, that member may be replaced by his or her alternate member elected in accordance with Standing Order 22.4A. The alternate member may participate in the meetings of the responsible committee to consider the complaint as if he or she were a member of it.

Meetings

22.6 The responsible committee must meet as soon as possible after a complaint has been referred to it by the Commissioner for Standards; and at other times as convened by the chair.

22.7 The responsible committee may meet in public or in private, but when deliberating upon a complaint, the responsible committee must meet in private unless it resolves otherwise.

22.8 Any Member who is the subject of an investigation by the responsible committee must be permitted to make oral or written representations to it and may be accompanied at oral hearings by another person (who may participate in the proceedings with the permission of the chair, but may not vote).

Reports

22.9 If the responsible committee has investigated a complaint referred to it by the Commissioner for Standards, it must report to the Assembly as soon as possible after completion of the investigation.

22.10 A report under Standing Order 22.9 may include a recommendation to:

(i) censure a Member;

(ii) withdraw any rights and privileges from a Member as set out in the procedures for the investigation of complaints established under Standing Order 22.2(iv);

(iii) exclude a Member from any Assembly proceedings for a specified period;

or any combination of the above, for failing to comply with any of the matters encompassed within Standing Order 22.2(i).

22.10 A  If a Member is excluded following a recommendation under Standing Order 22.10, the Member is not entitled to receive any salary from the Assembly and is not permitted to attend any Assembly proceedings during the period of his or her exclusion.

22.11 If a motion to consider a report under Standing Order 22.9 is tabled by a member of the responsible committee, time must be made available as soon as possible for the motion to be debated. No amendment may be tabled to such a motion.


 

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