Commentary on Sections Part 1: Changes in total number of United Kingdom MEPs Section 6: Orders under section 5: supplementary
20.Section 6 makes supplementary provision to the order making power under section 5. It provides that the draft orders implementing the recommendations of the Electoral Commission by amending section 1 of the 2002 Act are to be approved by both Houses of Parliament before they can be made. If a draft order is rejected or withdrawn it can be amended by the Lord Chancellor with the consent of the Electoral Commission and re-laid for approval. The Electoral Commission can only consent to an amendment if satisfied that they would have been able to recommend the change made by the order (that is so that the distribution still complies with the requirements of section 3(4)). There is also power to make consequential; transitional; or saving provisions, and if an order making such provisions does not also amend section 1 of the 2002 Act, it is subject to the negative resolution procedure.