Elections and Elected Bodies (Wales) Act 2024

Reform following pilots

18 Electoral reform regulations

(1) The power in subsection (3) applies if—

(a) the Welsh Ministers consider, in the light of a report made under section 17 on the operation of pilot regulations, that it would be desirable to achieve the reform outcome in subsection (2) (“the reform outcome”), and

(b) the Electoral Commission recommends making regulations under this section to achieve the reform outcome.

(2) The reform outcome is for provision similar to that made by the pilot regulations to apply generally, and on a permanent basis, in relation to Welsh elections or any type of Welsh election.

(3) The Welsh Ministers may by regulations make provision for or in connection with relevant electoral matters to achieve the reform outcome (“electoral reform regulations”).

(4) Nothing in this section affects the other powers of the Welsh Ministers to make provision for or in connection with relevant electoral matters to achieve the reform outcome.

(5) Electoral reform regulations may create, remove or modify offences.

(6) Electoral reform regulations must not create an offence that is punishable (or modify an offence so that it becomes punishable)—

(a) on conviction on indictment, with imprisonment for a term exceeding one year;

(b) on summary conviction, with imprisonment for a term exceeding the applicable limit for a summary offence or an either way offence (as the case may be) under section 224(1A) of the Sentencing Code (as it has effect from time to time).

(7) Electoral reform regulations may confer, remove or modify power to make subordinate legislation.

(8) If electoral reform regulations create a power to make subordinate legislation, the regulations must provide—

(a) that the subordinate legislation is to be made by statutory instrument, and

(b) that the instrument may not be made unless a draft of it has been laid before and approved by a resolution of Senedd Cymru.

19 Electoral reform regulations: procedure

(1) The power to make electoral reform regulations is exercisable by statutory instrument.

(2) When a statutory instrument or a draft statutory instrument containing electoral reform regulations is laid before Senedd Cymru for the purposes of this section, the Welsh Ministers must also lay before the Senedd a copy of the report on the regulations prepared by the Electoral Commission under section 17.

(3) 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 Senedd Cymru.

(4) Subsection (3) applies to a statutory instrument containing electoral reform regulations that make provision—

(a) modifying primary legislation,

(b) creating, or widening the scope of, a criminal offence, or

(c) creating or amending a power to legislate.

(5) Any other statutory instrument containing electoral reform regulations is subject to annulment in pursuance of a resolution of Senedd Cymru, unless a draft of the instrument has been laid before, and approved by a resolution of, the Senedd.

(6) Subsection (7) applies if the Welsh Ministers are of the opinion that the appropriate procedure for a statutory instrument containing electoral reform regulations is for it to be subject to annulment in pursuance of a resolution of Senedd Cymru.

(7) The Welsh Ministers may not make the instrument so that it is subject to that procedure unless—

(a) condition 1 is met, and

(b) either condition 2 or 3 is met.

(8) Condition 1 is that the Welsh Ministers—

(a) have made a statement in writing to the effect that in their opinion the instrument should be subject to annulment in pursuance of a resolution of Senedd Cymru, and

(b) have laid before the Senedd—

(i) a draft of the instrument, and

(ii) a memorandum setting out the statement and the reasons for the Welsh Ministers’ opinion.

(9) Condition 2 is that a committee of Senedd Cymru charged with doing so has made a recommendation as to the appropriate procedure for the instrument.

(10) Condition 3 is that the period of 14 days beginning with the first day after the day on which the draft instrument was laid before Senedd Cymru as mentioned in subsection (8) has ended without any recommendation being made as mentioned in subsection (9).

(11) Nothing in this section prevents the Welsh Ministers from deciding at any time before a statutory instrument to which subsection (5) applies is made that another procedure should apply to the instrument.

(12) If after the expiry of the 40-day period the draft regulations laid under this section are approved by a resolution of Senedd Cymru, the Welsh Ministers may make regulations in the terms of the draft regulations, subject to subsection (13).

(13) The procedure in subsections (14) to (19) applies to the draft regulations instead of the procedure in subsection (12) if—

(a) either Senedd Cymru so resolves within the 30-day period, or

(b) a committee of Senedd Cymru charged with reporting on the draft regulations so recommends within the 30-day period and Senedd Cymru does not by resolution reject the recommendation within that period.

(14) The Welsh Ministers must have regard to—

(a) any representations,

(b) any resolution of Senedd Cymru, and

(c) any recommendations of a committee of Senedd Cymru charged with reporting on the draft regulations,

made during the 60-day period with regard to the draft regulations.

(15) If after the expiry of the 60-day period the Welsh Ministers wish to proceed with the draft regulations without material changes where material changes are recommended by a committee of Senedd Cymru charged with reporting on the draft regulations—

(a) the Welsh Ministers must lay before Senedd Cymru a statement explaining their reasons for not accepting the committee’s recommendations (whether wholly or partly), and

(b) if the draft regulations are subsequently approved by a resolution of Senedd Cymru, the Welsh Ministers may make regulations in the terms of the draft regulations.

(16) If after the expiry of the 60-day period the Welsh Ministers wish to proceed with the draft regulations without material changes where no material changes are recommended by a committee of Senedd Cymru charged with reporting on the draft regulations and the draft regulations are approved by a resolution of Senedd Cymru, the Welsh Ministers may make regulations in the terms of the draft regulations.

(17) If after the expiry of the 60-day period the Welsh Ministers wish to proceed with the draft regulations but with material changes, the Welsh Ministers must lay before Senedd Cymru—

(a) revised draft regulations, and

(b) a statement giving a summary of the changes proposed and, if subsection (18) applies, explaining the Welsh Ministers’ reasons for not accepting (whether wholly or partly) recommendations of a committee of Senedd Cymru charged with reporting on the draft regulations.

(18) This subsection applies if—

(a) the material changes in the revised draft regulations are materially different from changes recommended by the committee, or

(b) the revised draft regulations do not contain material changes recommended by the committee.

(19) If the revised draft regulations are approved by a resolution of Senedd Cymru, the Welsh Ministers may make regulations in the terms of the revised draft regulations.

(20) For the purposes of this section regulations are made in the terms of draft regulations or revised draft regulations if they contain no material changes to their provisions.

(21) In this section references to the “30-day”, “40-day” and “60-day” periods in relation to any draft regulations are to the periods of 30, 40 and 60 days beginning with the day on which the draft regulations were laid before Senedd Cymru.

(22) For the purposes of subsections (10) and (21) no account is to be taken of any time during which Senedd Cymru is dissolved or is in recess for more than 4 days.

(23) Section 6(1) of the Statutory Instruments Act 1946 (c. 36) as applied by section 11A of that Act (alternative procedure for certain instruments laid in draft before Senedd Cymru) does not apply in relation to any statutory instrument to which this section applies.