Commentary on Sections Part 1 Electoral Administration and Registration Chapter 3: Welsh Elections Piloting and Reform Section 18 – Electoral reform regulations
67.Section 18 enables the Welsh Ministers to introduce permanent changes, similar to those trialled in a pilot scheme, by way of electoral reform regulations. Subsection (1)(b) provides that such regulations can only be made on the recommendation of the Electoral Commission. Electoral reform regulations can apply the piloted change to any, or all, Welsh elections.
68.Electoral reform regulations may create, remove or modify criminal offences. But the regulations must not create or modify an offence that is, or becomes, punishable with a term of imprisonment which exceeds one year where the conviction is on indictment, or exceeds “the applicable limit” on summary conviction. The “applicable limit” on summary conviction means the maximum term of imprisonment that a magistrates’ court can impose in respect of a summary offence (i.e. an offence that can only be tried in a magistrates’ court) and in respect of an either way offence (i.e. an offence that can be tried in the magistrates’ court or the Crown Court). The applicable limit is defined by section 224(1A) of the Sentencing Code (the code provided for by the Sentencing Act 2020) and is currently 6 months imprisonment for a summary offence and 6 months for an either way offence. The reference to the Code “as it has effect from time to time” allows for the possibility that either of these limits may change in future. The limits may be amended by the Secretary of State through regulations made under paragraph 14A of Schedule 23 to the Sentencing Code.