Senedd and Elections (Wales) Act 2020

PART 6 GENERAL

39 Power to make consequential and transitional provision etc.

(1) If the Welsh Ministers consider it appropriate for the purposes of, in consequence of, or for giving full effect to any provision of this Act, they may by regulations make—

(a) supplemental, incidental or consequential provision;

(b) transitional, transitory or saving provision.

(2) Regulations under subsection (1) may amend, modify, repeal or revoke any enactment (including an enactment contained in this Act).

40 Regulations under this Act

(1) A power to make regulations under this Act—

(a) is exercisable by statutory instrument;

(b) includes the power to make different provision for different purposes;

(c) includes the power to make incidental, supplementary, consequential, transitional, transitory or saving provision.

(2) A statutory instrument to which this subsection applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the Senedd.

(3) Subsection (2) applies to a statutory instrument containing—

(a) regulations under section 15(1) (invitations to register: further provision about persons under the age of 16) or section 39 (power to make consequential and transitional provision etc.) that amend, repeal or modify provision in—

(i) an Act of the United Kingdom Parliament,

(ii) a Measure passed under Part 3 of the 2006 Act, or

(iii) an Act passed under Part 4 of the 2006 Act;

(b) regulations under section 26(1).

(4) A statutory instrument containing regulations under this Act to which subsection (2) does not apply is subject to annulment in pursuance of a resolution of the Senedd.

41 General interpretation

In this Act—

• “1983 Act” (“Deddf 1983”) means the Representation of the People Act 1983 (c. 2);

• “2001 Regulations” (“Rheoliadau 2001”) means the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341);

• “2006 Act” (“Deddf 2006”) means the Government of Wales Act 2006 (c. 32);

• “2007 Order” (“Gorchymyn 2007”) means the National Assembly for Wales (Representation of the People) Order 2007 (S.I. 2007/236);

• “enactment” (“deddfiad”) means an enactment whenever enacted or made;

• “registration officer” (“swyddog cofrestru”) means a registration officer appointed by a local authority under section 8(2A) of the 1983 Act;

• “Senedd” means Senedd Cymru.

42 Coming into force

(1) The following provisions come into force on the day on which this Act receives Royal Assent—

(a) Part 1 (section 1);

(b) in Part 3—

(i) section 10, but that section has effect in accordance with section 10(4);

(ii) section 11, but that section has effect in accordance with section 11(2);

(iii) section 27, but subsections (2)(d), (3) and (4) of that section have effect in accordance with section 27(5);

(c) Part 4 (sections 29 to 35 and Schedule 3), but it only has effect for the purposes of a Senedd election at which the poll is held on or after 5 April 2021;

(d) in Part 5, sections 37 and 38;

(e) this Part (sections 39 to 43).

(2) Part 2 (sections 2 to 9 and Schedule 1) comes into force on 6 May 2020.

(3) In Part 3—

(a) sections 12 to 26 come into force on 1 June 2020;

(b) section 28 and Schedule 2 come into force on a day appointed by the Welsh Ministers in an order made by statutory instrument.

(4) An order under subsection (3)(b) may include transitional, transitory or saving provision.

(5) In Part 5, section 36 comes into force on the day of the first Senedd election at which the poll is held on or after 5 April 2021.

43 Short title

The short title of this Act is the Senedd and Elections (Wales) Act 2020.