Commentary on provisions of Act Section 2: Limited power to further extend the period for Executive formation
This section enables the Secretary of State to make regulations to extend the time for Executive formation by one further period of up to five months. Section 2(2) provides that this power may only be exercised on or before 26 March 2019 and may only be used on one occasion.
	The Secretary of State would be required either to lay the statutory instrument containing regulations before Parliament for approval, or to make the regulations before they are approved by Parliament if she considers it to be expedient for the regulations to be made without that approval. If the regulations are made without the prior approval of Parliament, then they must be approved within the period of 28 days beginning with the date on which they are made. If they are not, they cease to have effect. However, that is subject to one exception where the replacement date is earlier than the expiry of the period of 28 days. In that case, whilst the regulations must be laid, they are not subject to any Parliamentary procedure (section 2(5)).
	Subsections (6) and (7) clarify when the period for Executive formation would end in the event that Parliament does not approve regulations extending this period within 28 days. Section 2(8) provides that if Parliament is dissolved, prorogued or adjourned for more than four days then those days are not included in the calculation of the 28 days.