Part 4Acts of the Assembly
Referendum
104I1Proposal for referendum by Assembly
1
This section applies if—
a
the Assembly passes a resolution moved by the First Minister or a Welsh Minister appointed under section 48 that, in its opinion, a recommendation should be made to Her Majesty in Council to make an Order in Council under section 103(1), and
b
the resolution of the Assembly is passed on a vote in which the number of Assembly members voting in favour of it is not less than two-thirds of the total number of Assembly seats.
2
The First Minister must, as soon as is reasonably practicable after the resolution is passed, ensure that notice in writing of the resolution is given to the Secretary of State.
3
The Secretary of State must, within the period of 120 days beginning immediately after the day on which it is received—
a
lay a draft of a statutory instrument containing an Order in Council under section 103(1) before each House of Parliament, or
b
give notice in writing to the First Minister of the Secretary of State's refusal to do so and the reasons for that refusal.
4
As soon as is reasonably practicable after the First Minister receives notice given under subsection (3)(b)—
a
the First Minister must lay a copy of the notice before the Assembly, and
b
the Assembly must ensure that the notice is published.