Commentary on Sections (and Schedules) Part 2: Finance Section 13: Proposal for referendum by Assembly
133.Section 13 provides the mechanism under which the Assembly can trigger a referendum. In order to begin this process subsection (1) enables the First Minister or a Welsh Minister to move a resolution in the Assembly that a recommendation should be made to Her Majesty in Council to make an Order causing a referendum to be held. That resolution must be passed by at least two-thirds of AMs for the remainder of this section to apply.
134.Subsection (2) makes it mandatory that such a resolution specify whether the voting age at the proposed referendum is to be either 16 or 18.
135.Subsection (3) provides that, if the resolution is passed by at least two-thirds of AMs, the First Minister must write giving notice to the Secretary of State as soon as practicable.
136.Subsection (4) requires the Secretary of State or the Lord President of the Council to lay a draft Order before each House of Parliament within 180 days of the Secretary of State receiving the First Minister’s notice. If they do not, the Secretary of State must write to the First Minister giving notice of their refusal to lay the draft Order and reasons for not doing so.
137.Subsection (5) requires the First Minister to lay a copy of the notice before the Assembly, and the Assembly must ensure that the notice is published.