37Resignation of members

37 Resignation of members A member may resign his seat by a letter addressed to the Speaker and on its receipt by the Speaker the seat of such member shall become vacant. Subdivision (2)—Duration of the Assembly No. 6224 s. 101. S. 38 substituted by Nos 10106 s. 6, 2/2003 s. 6. 38 Duration of Assembly (1) Subject to subsection (2), the Assembly last elected before the **Constitution (Parliamentary Reform) Act 2003** receives the Royal Assent and each subsequent Assembly shall expire on the Tuesday which is 25 days before the last Saturday in November which is nearest to the fourth anniversary of the election day on which it was elected. (2) If the previous Assembly is dissolved, the subsequent Assembly shall expire on the Tuesday which is 25 days before the last Saturday in November which is nearest to the last anniversary of the election day on which it was elected that occurs not more than 4 years after it was elected. S. 38A inserted by No. 2/2003 s. 6. 38A Date of general election (1) The writs issued under the **Electoral Act 2002** for a general election of the Assembly and Council must name as the election day— (a) if the previous Assembly expired, the last Saturday in November nearest to the fourth anniversary of the election day on which the previous Assembly was elected or if section 38(2) applies, the Saturday referred to in that section; or (b) if the previous Assembly was dissolved, a Saturday within the period that starts 15 days after the final nomination day and ends 30 days after the final nomination day. (2) Despite subsection (1)(a), in exceptional circumstances, on the recommendation of the Premier with the agreement of the Leader of Her Majesty's Opposition, the Governor may postpone the election day under subsection (1)(a) to another Saturday as nearest as possible to the fourth anniversary of the election day on which the previous Assembly was elected or to another Saturday as nearest as possible to the Saturday referred to in section 38(2) as the case may be. Subdivision (3)—Proceedings of the Assembly Constitution Act s. XX.