Commentary on Sections and Schedules The Franchise and conduct of elections Section 13: Power to make provision about elections etc
72.This section empowers the Secretary of State to make provision by secondary legislation in relation to Assembly elections. This includes provision:
73.The need to be able to modify the effect of the Act where an election in a particular constituency is abandoned (for example because of the death of a candidate) arises because normally no regional members can be elected until all constituency seats in the region have been filled.
74.Subsection (6) provides that the only method by which the return of an Assembly Member may be challenged (for example, on the ground that the election was not conducted lawfully) is by election petition under Part 3 of the Representation of the People Act 1983 as applied or incorporated by an Order under this section.
75.The Secretary of State must lay a draft of an Order under this section before each House of Parliament and may not make the Order unless approved by resolution of each House.