Part 3 – General Provision
Section 69 – Regulations: restrictions
177.Some powers of the Welsh Ministers to make regulations under the Act authorise provision conferring functions on persons and provision to remove or modify existing functions, subject to the breadth of the specific powers (for example, the power to make pilot regulations under section 5 and the power to provide for schemes of financial assistance under section 28). The legislative competence of Senedd Cymru is subject to restrictions in Schedule 7B to GOWA 2006, so that provisions in a Senedd Act conferring functions on public authorities that are not Welsh devolved authorities, or provisions removing or modifying the functions of such authorities, may require the consent or consultation of UK government ministers.
178.Section 69 provides that the regulations under the Act may not include provision that would require the consent of the appropriate Minister under paragraph 8(1)(a) or (c), 10 or 11 of Schedule 7B to GOWA 2006 if the provision were included in an Act of Senedd Cymru; and may not include provision that would require consultation of the appropriate Minister under paragraph 11(2) of Schedule 7B to that Act if the provision were included in an Act of Senedd Cymru.
Section 70 – General interpretation
179.Section 70 defines certain words and terms used throughout Act.
Section 71 – Power to make consequential and transitional provision etc.
180.Section 71 provides the Welsh Ministers with a power to make regulations containing supplementary, incidental, consequential, transitional or saving provisions to give full effect to any provision of the Act. Those regulations must be made by statutory instrument and may amend, modify, repeal or revoke any enactment (which includes provision in Acts of Parliament, Acts or Measures of the Senedd and subordinate legislation).
181.Regulations under this section that amend Acts of Parliament or Acts or Measures of Senedd Cymru would need to be approved by the Senedd. Other regulations made under this section are subject to a negative resolution procedure in the Senedd.
Section 72 – Coming into force
182.Section 72 sets out when or how the provisions of the Act come into force.
183.The following provisions come in to force the day after the Act receives Royal Assent (see subsection (1)):
the Welsh elections piloting and reform provisions (in Chapter 3 of Part 1 and Part 2 of Schedule 1),
the disqualification from being a Member of the Senedd of community councillors (section 61),
Democracy and Boundary Commission Cymru: persons who may not be members etc. (section 66), and
Part 3 of the Act.
184.Provisions about reviews of the boundaries and electoral arrangements for local government (Chapter 1 of Part 2), the survey of councillors and unsuccessful candidates in local government elections (section 25), the guidance for political parties to promote diversity in persons seeking elected office (section 30), and the provisions about disqualification for corrupt or illegal practice (sections 62 and 63) come into force two months after the Act receives Royal Assent (see subsection (2)). Provision about political restriction of officers and staff (section 65) comes into force on 6 May 2027.
185.The other provisions of the Act may be brought in to force on days appointed by order of the Welsh Ministers (see subsection (4)). The orders bringing provisions into force may appoint different days for different purposes and make transitory, transitional or saving provision (see subsection (6)). Such orders must be made by statutory instrument, but no Senedd procedure applies to their making.
Section 73 – Short title
186.Section 73 provides that the short title of the Act is the Elections and Elected Bodies (Wales) Act 2024.
