Prospective

PART 1 E+W RECALL OF MEMBERS OF THE SENEDD

Conduct of recall poll E+W

11 Regulations about recall polls E+W

(1) The Welsh Ministers may by regulations make—

(a) provision about the conduct of a recall poll;

(b) provision about the questioning of a recall poll and the consequences of irregularities;

(c) further provision about the giving, sending, delivery or receipt of notices or other documents under this Act.

(2) The provision that may be made under subsection (1)(a) includes, among other things, provision—

(a) about the registration of electors;

(b) about the limitation of recall poll campaign expenses and donations;

(c) for the combination of polls.

(3) Regulations under subsection (1) may—

(a) apply or incorporate, with or without modifications or exceptions, any provision made by or under—

(i) the Representation of the People Acts,

(ii) an order made under section 13 of the Government of Wales Act 2006 (c. 32),

(iii) the Political Parties, Elections and Referendums Act 2000 (c. 41), or

(iv) any other enactment relating to elections or referendums;

(b) confer a power or duty on any person (including a power or duty to make subordinate legislation);

(c) create criminal offences;

(d) make different provision for different purposes;

(e) make supplementary, incidental, consequential, transitional or saving provision;

(f) amend, modify, repeal or revoke any enactment (including an enactment contained in this Act).

(4) Regulations under subsection (1) may not include provision that would require—

(a) the consent of the appropriate Minister under paragraph 8(1)(a) or (c), 10 or 11 of Schedule 7B to the Government of Wales Act 2006 (c. 32) if the provision were included in an Act of Senedd Cymru, unless the consent would be required in respect of a person specified in subsection (5);

(b) consultation of the appropriate Minister under paragraph 11(2) of Schedule 7B to the Government of Wales Act 2006 (c. 32) if the provision were included in an Act of Senedd Cymru, unless consultation would be required in respect of the Lord Chancellor or the Treasury.

(5) The persons are—

(a) the courts;

(b) the Lord Chief Justice and other judicial office holders;

(c) the Lord Chancellor;

(d) the Civil Procedure Rules Committee;

(e) the Director of Public Prosecutions or any other Crown prosecutor;

(f) a constable;

(g) a person designated under section 38 of the Police Reform Act 2002 (c. 30) as a community support officer or community support volunteer;

(h) the Electoral Commission;

(i) the Treasury.

(6) Before making any regulations under subsection (1), the Welsh Ministers must consult the Electoral Commission.

(7) Any provision in regulations made under subsection (1) that—

(a) specifies what is or is not to be treated as a recall poll campaign expense or donation subject to limits for the purposes of those regulations, or

(b) sets the limits applying to recall poll campaign expenses or donations,

may only be made with the consent of the Electoral Commission.

(8) But subsection (7) does not apply where the Welsh Ministers consider that varying a limit of a kind mentioned in subsection (7)(b) and set in regulations made under subsection (1) is expedient in consequence of a change in the value of money.

(9) The power to make regulations under subsection (1) must be exercised by Welsh statutory instrument.

(10) Regulations under subsection (1) are subject to the Senedd approval procedure.

Commencement Information

I1 S. 11 not in force at Royal Assent, see s. 26(3)