Section 5 - Increase in maximum number of Welsh Ministers
12.Section 5 provides, by amending section 51 of the 2006 Act, for an increase to the maximum number of Welsh Ministers that can hold office at the same time, from 12 to 17. This limit includes Deputy Ministers (see the definition of “Welsh Ministerial office” in section 51 of the 2006 Act) but does not include the First Minister and Counsel General. Section 5 also provides for a regulation making power for the limit to be increased in the future, to a maximum of 19. The power can only be used to increase the number- it cannot be used to decrease the number (in practice, a First Minister has always been able to appoint fewer Welsh Ministers than the maximum, as section 51 imposes a limit on the number of Welsh Ministers, rather than setting a required number of Welsh Ministers; the amendments made by this Act do not affect this). A statutory instrument containing regulations increasing the limit may not be made unless a resolution of the Senedd approving the draft instrument has been voted for by at least 64 Members (i.e. two-thirds of total number of seats in the Senedd, regardless of whether any seats are empty at the time of the vote).
