80.Section 24 amends section 13 of the 2006 Act. The amendment at subsection (3) inserts new subsections (2A) and (2B) into section 13. Subsection (2A) places a duty on the Welsh Ministers requiring them to make provision, of the kind that may be made under subsection (1)(a) of section 13 of the 2006 Act, about the conduct of Senedd elections, which prohibits the making or publishing of false or misleading statements of fact before or during an election for the purpose of affecting the return of any candidate. New subsection (2B) is a list of the type of provision that may be made when discharging the duty under subsection (2A). Sub-section 24(4) adds a “For the avoidance of doubt” clarificatory provision relating to the creation of criminal offences, and sub-delegation in orders made under section 13 (with a connected omission at sub-paragraph 22(2) of the Act). The effect of these amendments is to clarify what the scope of the power in section 13 of the 2006 Act is and always has been.
Commentary on Sections Part 3 – Conduct of Senedd Cymru Elections Section 24 – Power of the Welsh Ministers to make provision about Senedd elections etc.