Part 1Senedd Cymru

Franchise and conduct of elections

F113Power of the Welsh Ministers to make provision about elections etc

(1)

The Welsh Ministers may by order make provision that would be within the legislative competence of the F2Senedd, if included in an Act of the F2Senedd, as to—

(a)

the conduct of elections of F3Members of the Senedd,

(b)

the questioning of an election of F3Members of the Senedd and the consequences of irregularities, and

(c)

the return of F4a Member of the Senedd otherwise than at an election.

(2)

The provision that may be made under subsection (1)(a) includes, in particular, provision—

(a)

about the registration of electors,

(b)

for disregarding alterations in a register of electors,

(c)

about the limitation of the election expenses of candidates F5...,

(d)

for the combination of polls,

(e)

F6... and

(f)

for modifying section 9(7) to ensure the allocation of the correct number of seats for the F7constituency.

F8(2A)

The Welsh Ministers must make provision, of the kind that may be made under subsection (1)(a), prohibiting the making or publishing of false or misleading statements of fact before or during an election for the purpose of affecting the return of any candidate.

(2B)

The provision required by subsection (2A) may include, in particular, provision—

(a)

about what is or is not a statement of fact;

(b)

prohibiting false statements only or both false and misleading statements;

(c)

specifying the period in which any prohibition has effect;

(d)

prohibiting false or misleading statements of fact relating to matters specified in the order or matters generally;

(e)

prohibiting false or misleading statements of fact made or published by persons or categories of person specified in the order or any person;

(f)

prohibiting the making or publishing of false or misleading statements knowingly or recklessly;

(g)

specifying exemptions or exceptions to any prohibition.

(3)

The provision that may be made under subsection (1)(c) includes, in particular, provision modifying section F911(4) to (6).

(4)

An order under this section may—

(a)

apply or incorporate, with or without modifications or exceptions, any provision of or made under the election enactments, and

(b)

so far as may be necessary in consequence of any provision made by an order under this section, make modifications of any provision made by or under any enactment relating to the registration of parliamentary electors or local government electors.

F10(4A)

For the avoidance of doubt, an order under this section may—

(a)

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

(b)

create criminal offences.

(5)

In subsection (4)(a) “"the election enactments”” means—

(a)

the Representation of the People Acts,

(b)

the Political Parties, Elections and Referendums Act 2000,

(c)

F11... and

(d)

any other enactments relating to parliamentary elections F12... or local government elections.

(6)

No return of F4a Member of the Senedd at an election may be questioned except by an election petition under the provisions of Part 3 of the Representation of the People Act 1983 as applied or incorporated in an order under this section.

(7)

No order is to be made under this section unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the F2Senedd.