Commentary on provisions of Act Section 2: Limited power to further extend period for Executive formation
Section 2 substitutes a new section 2 in the 2018 Act. As substituted that section will confer a power on the Secretary of State to extend the period for forming an Executive by regulations until 13 January 2020. This means that if Ministers have not been appointed, but the Secretary of State is of the view that further time is needed to enable this, they may extend the period without further primary legislation.
	The Secretary of State may only exercise the power on or before 21 October 2019 and if they do, may only extend the period so as to expire on 13 January 2020 (subsections (1) and (2) of new section 2).
	The regulations will be subject to the made affirmative procedure in Parliament. That is to say, they may be made without the prior approval of Parliament. They must however be approved by Parliament within 28 days of having been made and if they are not will cease to have effect. The 28 days is calculated so as to exclude any days when Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days (subsections (5) and (8) of new section 2).
	If the regulations are not approved within 28 days and cease to have effect on or before 21 October 2019 then the period for forming an Executive will be treated as ending on that date (subsection (6) of new section 2). If the regulations are not approved within 28 days and cease to have effect after 21 October, then the period for forming an Executive is treated as ending when they cease to have effect (subsection (7) of new section 2).