Commentary on Sections Section 2 –Application of provisions of Government of Wales Act 2006
8.This section disapplies or limits the application of specified provisions of the Government of Wales Act 2006 (“the 2006 Act”) to the 2021 election.
9.Subsections (2)(a) and (3) of section 3 of the 2006 Act, in combination with article 148 of the National Assembly for Wales (Representation of the People) Order 2007, would have required the Senedd to be dissolved on 7 April 2021. Section 2(1) disapplies these provisions. Instead, section 3 of the Act makes provision for the dissolution of the Senedd before the 2021 election.
10.Subsections (2)(b) and (4) of section 3 of the 2006 Act, as amended by section 36(1) of the Senedd and Elections (Wales) Act 2020 (“the 2020 Act”), provide for the first meeting of the Senedd after an ordinary general election to be held 14 days after the day of the poll. These provisions are disapplied by section 2(1) of the Act and section 5 makes alternative provision about the date of the first meeting after the 2021 election.
11.Section 3(1) of the 2006 Act, which requires the day of the poll for the ordinary general election to take place on 6 May 2021, and only on that date, has effect subject to section 6 of the Act which enables the day of the poll to be moved if necessary and appropriate to do so for a reason relating to coronavirus.
12.Section 2(3) of the Act provides that section 4(2)(c) of the 2006 Act (as amended by section 36(2) of the 2020 Act) does not apply to the 2021 election. This provision of the 2006 Act allows a proclamation under the Welsh Seal to require the Senedd to meet within 14 days after the day of the poll if the powers to vary the date of the election are exercised under section 4 of the 2006 Act. In the case of the 2021 election, if the date of the poll is varied under section 4 of the 2006 Act, section 5 of this Act requires the Senedd to meet 21 days after the day of the poll.
13.Section 2(4) of the Act provides that section 10 of the 2006 Act, which makes provision about Senedd by-elections, has effect subject to section 7 of the Act. Section 7 allows for the date of the poll for by-elections to be fixed beyond the date provided for in section 10(5) and (6) of the 2006 Act.