Introduction Section 9: Regulations
35. Section 9 sets out the process by which powers under this Act to make regulations can be exercised. All powers, other than those under paragraph 16(10) of Schedule 3, are exercisable by statutory instrument. Regulations under paragraph 16(10) of Schedule 3 are made by the Electoral Commission and concern the accounts to be rendered for the purposes of the payment of the charges of a counting officer, a Regional Counting Officer or the Chief Counting Officer.
36. Subsection (2) sets out that a statutory instrument containing regulations under the Act must be made by the affirmative resolution procedure, with the exception, as set out by subsections (3) and (4), of: regulations under section 13, which relate to commencement; or regulations made by the Minister under paragraph 16 of Schedule 3, which relate to the overall maximum recoverable amount which a counting officer or Regional Counting Officer is entitled to recover in respect of services rendered or expenses incurred in connection with the referendum.
37. Subsection (5) makes further provision with regard to regulations and subsection (6) provides that if a statutory instrument is made prescribing Welsh forms or forms of words for use in the referendum under the powers in the Welsh Language Act 1993, the instrument will only need to be laid before Parliament after being made.