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(1)If it appears to the Secretary of State, in the light of any report made under section 10 on a scheme under that section, that it would be desirable for provision similar to that made by the scheme to apply generally, and on a permanent basis, in relation to—
(a)local government elections in England and Wales, or
(b)any particular description of such elections,
he may by order make such provision for and in connection with achieving that result as he considers appropriate (which may include provision modifying or disapplying any provision of an Act, including this Act). [F1The power of the Secretary of State to make such an order shall, however, be exercisable only on a recommendation of the Electoral Commission.]
(2)An order under subsection (1)—
(a)may except from the operation of any of its provisions any local government area specified in the order; but
(b)subject to that, must make the same provision—
(i)in relation to local government elections, or
(ii)if it applies only to a particular description of such elections, in relation to elections of that description,
throughout England and Wales.
(3)An order under subsection (1) shall be made by statutory instrument; and no such order shall be made unless a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.
(4)When laying such a draft before either House of Parliament the Secretary of State shall also lay before that House a copy of [F2every report under section 10 which relates to a scheme making provision similar to that made by the order.]
(5)An order which excepts any local government area as mentioned in subsection (2) shall, if apart from this subsection it would be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, proceed in that House as if it were not such an instrument.
(6)Rules made under section 36 of the 1983 Act (local elections in England and Wales) may make such provision as the Secretary of State considers appropriate in connection with any provision made by an order under subsection (1).
(7)Nothing in this section shall be taken as prejudicing the generality of any power contained in any other Act to make subordinate legislation (within the meaning of the M1Interpretation Act 1978) with respect to elections of any description.
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