These notes refer to the Welsh Elections (Coronavirus) Act 2021 (asc 2)
which received Royal Assent on 16 March 2021
Section 3 – Dissolution of the current Senedd
14.
The effect of this section is that, if the ordinary general election of the Senedd is held on 6 May 2021, the Senedd will be dissolved on 29 April, a period of 7 calendar days before the day of the poll. If, however, the Llywydd (the presiding officer of Senedd Cymru) exercises the power conferred by section 6 of the Act to postpone the day of the poll for the election; or Her Majesty dissolves the Senedd before that date by proclamation under section 4(2) of the 2006 Act the Senedd is dissolved 7 days before the day on which the poll is to be held.
15.
If the Llywydd exercises the power in section 6 on more than one occasion and further postpones the day of the poll, the provision will ensure that the Senedd is dissolved 7 calendar days before the date fixed for the poll, whenever that may be.
Section 4 – Guidance on exercise of functions in the pre-election period
16.
This section requires the First Minister to publish guidance about the exercise of the functions of the First Minister, the Welsh Ministers and the Counsel General during the period immediately before the 2021 election.
Section 5 – Date of first meeting after the 2021 election
17.
This section provides that the Senedd must meet within the period of 21 days beginning immediately after the day of the 2021 election.
18.
The provision is longer than currently provided for in the 2006 Act (14 days). The purpose of the extension is to provide some flexibility and cater for a potential delay in counting ballots and confirming results due to coronavirus measures such as physical distancing and other public health rules which may be still be in force at the time of the election.
Section 6 – Power to postpone 2021 election for up to 6 months
19.
This section provides the Llywydd with the power to postpone the 2021 election and fix a new date (subsection (3)).
20.
The Llywydd may only fix a new date for the election if the First Minister makes a proposal to the Llywydd that the 2021 election be postponed (subsection (1)). The First Minister may only make such a proposal if the First Minister considers the postponement to be necessary or appropriate for reasons relating to coronavirus. And before making a proposal the First Minister must consult the Chief Medical Officer for Wales.
21.
A day may only be fixed by the Llywydd for the holding of the poll if—
- the Senedd approves the day to be fixed by a vote on a resolution passed by two thirds majority of the total number of Senedd seats;
- the Senedd has not already been dissolved.
22.
Section 6 of the Act does not limit the power of the Llywydd to vary the date of the poll for an ordinary general election set out in section 4 of the 2006 Act.
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