Commentary on Sections Part 1 Electoral Administration and Registration Chapter 3: Welsh Elections Piloting and Reform Section 7 – Pilot regulations: procedure
56.Generally, when pilot regulations are made, they are subject to the negative resolution procedure in the Senedd. However, pilot regulations that either test how sections 3 and 4 work in practice; or apply to the area of a principal council without the consent of the principal council that will implement the pilot; or which include provision which creates or widens of the scope of a criminal offence, are subject to the Senedd’s affirmative resolution procedure. If Welsh Ministers are proposing to pilot such activity without the consent of the necessary principal council they are also required to lay a statement before the Senedd explaining why they consider the provision should be made without their consent.