Elections and Elected Bodies (Wales) Act 2024

18 Electoral reform regulations

(1) The power in subsection (3) applies if—

(a) the Welsh Ministers consider, in the light of a report made under section 17 on the operation of pilot regulations, that it would be desirable to achieve the reform outcome in subsection (2) (“the reform outcome”), and

(b) the Electoral Commission recommends making regulations under this section to achieve the reform outcome.

(2) The reform outcome is for provision similar to that made by the pilot regulations to apply generally, and on a permanent basis, in relation to Welsh elections or any type of Welsh election.

(3) The Welsh Ministers may by regulations make provision for or in connection with relevant electoral matters to achieve the reform outcome (“electoral reform regulations”).

(4) Nothing in this section affects the other powers of the Welsh Ministers to make provision for or in connection with relevant electoral matters to achieve the reform outcome.

(5) Electoral reform regulations may create, remove or modify offences.

(6) Electoral reform regulations must not create an offence that is punishable (or modify an offence so that it becomes punishable)—

(a) on conviction on indictment, with imprisonment for a term exceeding one year;

(b) on summary conviction, with imprisonment for a term exceeding the applicable limit for a summary offence or an either way offence (as the case may be) under section 224(1A) of the Sentencing Code (as it has effect from time to time).

(7) Electoral reform regulations may confer, remove or modify power to make subordinate legislation.

(8) If electoral reform regulations create a power to make subordinate legislation, the regulations must provide—

(a) that the subordinate legislation is to be made by statutory instrument, and

(b) that the instrument may not be made unless a draft of it has been laid before and approved by a resolution of Senedd Cymru.