Section 7: Renewal of powers under section 1
29.This section requires the Secretary of State to return to Parliament to extend the power to call an election if he has not exercised that power by 15 November 2003 (six months after Royal Assent). The power is then renewable for periods of up to six months thereafter.
30.Subsection (1) provides that the statutory provisions which enable the Secretary of State to set a date for the next Assembly election (known as the “temporary provisions”) expire on 15 November 2003, unless the date for the next election has already been set by then or an order has been made under subsection (2).
31.Subsection (2) provides that the Secretary of State may by order provide that the temporary provisions are to continue in force for further periods of up to six months at a time.
32.Subsection (3) provides that an order made under subsection (2) may not be made unless a draft of the order has been approved by a resolution of each House of Parliament.
33.Subsection (4) and (5) ensure that, if an order to set the date for the next election is made before the expiry of the order-making power (as extended, where applicable, using the renewal powers under subsection (2)), the provisions do not lapse and the order setting the election date remains valid.
34.Subsection (6) provides that if the temporary provisions expire, the Secretary of State must by order make such amendments of enactments as appear to him to be necessary or expedient in consequence of the expiry.
35.Subsections (7) applies subsections (4) to (7) and (9) of section 6 to an order made under subsection (6). These subsections define the type of legislation that the Secretary of State can modify by order under section 7(6) and the procedure for making such an order.
36.Subsection (8) provides that if an order made under subsection (6) ceases to have effect, by virtue of section 6(7)(b) as applied by section 7(7), this is without prejudice to the making of a new order.
