The Government of Wales Act 2006 (Amendment) Order 2019

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

This Order amends paragraphs 9 and 10 of Part 1 of Schedule 7B to the Government of Wales Act 2006 (c. 32) (“the 2006 Act”). The effect of the amendments is to disapply the restrictions contained in paragraphs 8 and 10 of that Schedule in relation to electoral registration officers.

Electoral registration officers are defined in section 8 of the Representation of the People Act 1983 (c. 2) . They exercise functions in relation to, amongst other things, parliamentary elections, police and crime commissioner elections, local government elections and, in Wales, elections to the National Assembly for Wales. Parliamentary elections and police and crime commissioner elections are reserved matters under the 2006 Act (see paragraphs 20 and 42 of Schedule 7A to the 2006 Act).

Accordingly, because electoral registration officers in Wales exercise some of their functions in relation to reserved matters, they do not meet the criteria of a “devolved Welsh authority” (as defined under section 157A of the 2006 Act). As such, the National Assembly for Wales cannot make provisions of the kind referred to in paragraphs 8 and 10 of Schedule 7B to the 2006 Act in relation to electoral registration officers in Wales (in relation to their non-reserved functions) without the consent of a UK minister (see the definition of “appropriate Minister” in paragraph 8(5) of Schedule 7B to the 2006 Act).

These amendments allow the National Assembly for Wales to make provision in relation to electoral registration officers in Wales in relation to their non-reserved functions without the consent of a UK minister.

Article 3 of the Order provides for certain functions in relation to electoral registration officers in Wales to be treated as transferred to the Welsh Ministers under article 45 of the Welsh Ministers (Transfer of Functions) Order 2018 ( S.I. 2018/644 ) (“the 2018 Order”). The functions to be treated as transferred are those which would have been transferred by article 45 of the 2018 Order if the amendments made by article 2 of this Order had been in force at the time the 2018 Order came into force.

An impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.