The Wales Act 2017 (Consequential and Saving Provisions) Regulations 2018

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make consequential and saving provision in connection with sections 3, 5, 6 and 8 of, and Schedule 1 to, the Wales Act 2017 (c. 4) (“the 2017 Act”).

When those provisions come into force on 1st April 2018, the legislative competence of the Assembly will be extended to include the registration of electors on the register of local government electors in Wales and, subject to the reservations contained in section B1 of the Schedule 7A to the Government of Wales Act 2006 (c. 32) (“GOWA”). The digital service for the registration of electors will remain reserved. Regulation 2 of these Regulations amends regulation 26 of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) to make consequential provision in connection with the reservation of the digital service.

Regulations 3 to 6 amend the Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917) (“the 2012 Order”) in consequence of the amendments made by section 8 of the 2017 Act to the Police Reform and Social Responsibility Act 2011 (c. 12). The amendments made by section 8 reflect the devolution of the franchise for local government elections in Wales, and of the registration of local government electors in Wales. Regulation 4 of these Regulations amends the definition of the register of electors in the 2012 Order to reflect the changes made by section 8. Regulations 5 to 6 of these Regulations update references in the 2012 Order to reflect these changes.

Regulation 7 makes saving provision and a modification to the National Assembly for Wales (Representation of the People) Order 2007 (S.I. 2007/236). Section 5 of the 2017 Act will substitute a new section 13 of GOWA. The new section 13 will give the Welsh Ministers powers to make provision in respect of the conduct of Assembly elections and other specified matters so far as those provisions would be within the legislative competence of the Assembly. Regulation 7 of these Regulations ensures that S.I. 2007/236 continues in force after 1st April 2018 other than so far as it provides for the combination of the polls at an ordinary general election of Assembly members and an ordinary local government election in Wales. This combination will be reserved under section B1(B) of Schedule 7A to the GOWA, and will no longer be permitted, following the commencement of section 6 of the 2017 Act.

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