Final provisions

21Regulations

1

Regulations under this Act are to be made by statutory instrument.

2

But that does not apply to regulations under—

a

paragraph 3(9) of Schedule 1 (regulations made by the Minister about petition officer's accounts), or

b

paragraph 1(4) of Schedule 5 (regulations made by the Electoral Commission about the form of a recall petition return).

3

Regulations under this Act may—

a

make consequential, supplementary, incidental, transitional or saving provision;

b

make different provision for different purposes or areas.

4

The power under subsection (3)(a) includes, in the case of regulations under section 18 (power to make further provision about conduct of a recall petition etc), the power to amend legislation.

5

Section 26 of the Welsh Language Act 1993 (power to prescribe Welsh version) applies in relation to regulations under this Act as it applies in relation to Acts of Parliament.

6

Where regulations under this Act—

a

are subject to “affirmative resolution procedure” they must not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament;

b

are subject to “negative resolution procedure” the statutory instrument containing them is subject to annulment in pursuance of a resolution of either House of Parliament.

7

Provision that may be made by regulations under this Act for which no Parliamentary procedure is required may be included in regulations subject to affirmative or negative resolution procedure.

8

Provision that may be made by regulations under this Act subject to negative resolution procedure may be included in regulations subject to affirmative resolution procedure.

9

This section (apart from subsection (7)) does not apply to regulations under section 24 (commencement).