Part I The Electoral Commission
Commission’s general functions
I2C25 Reports on elections and referendums.
1
The Commission shall, after—
a
each election to which this section applies, and
b
each referendum to which Part VII applies,
prepare and publish (in such manner as the Commission may determine) a report on the administration of the election or referendum.
2
The elections to which this section applies are the following, namely—
a
a parliamentary general election;
b
a European Parliamentary general election;
c
a Scottish Parliamentary general election;
d
a National Assembly for Wales ordinary election;
e
a Northern Ireland Assembly general election.
3
After a poll held under section 36 of the M24Government of Wales Act 1998 the Commission shall, if requested to do so by the National Assembly for Wales, at the Assembly’s expense prepare and publish (in such manner as the Commission may determine) a report on the administration of the poll.
I36 Reviews of electoral and political matters.
1
The Commission shall keep under review, and from time to time submit reports to the Secretary of State on, the following matters, namely—
a
such matters relating to elections to which this section applies as the Commission may determine from time to time;
b
such matters relating to referendums to which this section applies as the Commission may so determine;
c
the redistribution of seats at parliamentary elections;
d
if any functions are transferred by an order under section 18(1), 19(1) or 20(1), the matters in relation to which those functions are exercisable;
e
the registration of political parties and the regulation of their income and expenditure;
f
political advertising in the broadcast and other electronic media;
g
the law relating to the matters mentioned in each of paragraphs (a) to (f).
2
At the request of the Secretary of State, and within such time as the Secretary of State may specify, the Commission shall—
a
review, and
b
submit a report to the Secretary of State on,
such matter or matters (whether or not falling within subsection (1)) as the Secretary of State may specify.
3
The Commission shall not, however, carry out any review (or make any report) under this section with respect to any of the following matters, namely—
a
the funding of political parties under section 97 of the M4Scotland Act 1998 or for the purpose of assisting members of the Northern Ireland Assembly connected with such parties to perform their Assembly duties;
b
the conduct of referendums held in pursuance of any provision made by or under an Act of the Scottish Parliament or the Northern Ireland Assembly or the conduct of any poll under section 36 of the M25Government of Wales Act 1998;
c
the law relating to the matters mentioned in each of paragraphs (a) and (b).
4
Where any review carried out under this section relates to elections or referendums in Northern Ireland, the Commission shall consult the Chief Electoral Officer for Northern Ireland with respect to such elections or referendums.
5
Each report made by the Commission under this section shall be published by them in such manner as they may determine.
6
The elections and referendums to which this section applies are—
a
in the case of elections—
i
the elections mentioned in section 5(2),
ii
local government elections in England or Wales, and
iii
local elections in Northern Ireland; and
b
in the case of referendums, referendums to which Part VII applies and those under Part II of the M5Local Government Act 2000.
F96AAttendance of representatives of Commission at elections etc.
1
A representative of the Commission may attend—
a
proceedings relating to an election specified in subsection (5) which are the responsibility of the returning officer for the election;
b
proceedings relating to a referendum to which Part 7 applies which are the responsibility of the relevant counting officer.
2
The right conferred on a representative of the Commission by this section is subject to any enactment which regulates attendance at the proceedings in question.
3
In this section, “representative of the Commission” means any of the following—
a
a member of the Commission;
b
a member of staff of the Commission;
c
a person appointed by the Commission for the purposes of this section.
4
A reference to the relevant counting officer must be construed—
a
if the area to which the proceedings relates is in Great Britain, in accordance with section 128(3);
b
if the area to which the proceedings relates is Northern Ireland, as a reference to the Chief Electoral Officer for Northern Ireland.
5
The elections specified in this subsection are—
a
an election mentioned in section 5(2);
b
a parliamentary by-election;
c
an election under section 9 of the Scotland Act 1998 (constituency vacancies);
d
an election under section 8 of the Government of Wales Act 1998 (vacancies in constituency seats);
e
a local government election in England or Wales;
f
a local election in Northern Ireland.
C3C46BF9Observation of working practices by representatives of Commission
1
A representative of the Commission may observe the working practices of any of the following—
a
an electoral registration officer;
b
a returning officer;
c
a relevant counting officer;
d
any person acting under the direction of a person mentioned in paragraphs (a) to (c).
2
In this section—
a
“relevant counting officer”, and
b
“representative of the Commission”,
must be construed in accordance with section 6A.
3
This section does not permit the observation of working practices which relate only to a local government election in Scotland.
C5C66CAccredited observers: individuals
1
A person who is aged 16 or over may apply to the Commission to be an accredited observer at any of the following proceedings relating to an election specified in subsection (5) of section 6A or a referendum to which Part 7 applies—
a
proceedings at the issue or receipt of postal ballot papers;
b
proceedings at the poll;
c
proceedings at the counting of votes.
2
If the Commission grant the application, the accredited observer may attend the proceedings in question.
3
An application under subsection (1) must be made in the manner specified in the code of practice issued under section 6F.
4
The Commission may at any time revoke the grant of an application under subsection (1).
5
If the Commission—
a
refuse an application under subsection (1), or
b
revoke the grant of any such application,
they must give their decision in writing and must at the same time give reasons in writing for the refusal or revocation.
6
The right conferred on an accredited observer by this section is subject to any enactment which regulates attendance at the proceedings in question.
C7C86DAccredited observers: organisations
1
An organisation may apply to the Commission to be accredited for the purpose of nominating observers at any of the following proceedings relating to an election specified in subsection (5) of section 6A or a referendum to which Part 7 applies—
a
proceedings at the issue or receipt of postal ballot papers;
b
proceedings at the poll;
c
proceedings at the counting of votes.
2
If the Commission grant the application the organisation may nominate members who may attend the proceedings in question.
3
The Commission, in granting an application under this section, may specify a limit on the number of observers nominated by the organisation who may attend, at the same time, specified proceedings by virtue of this section.
4
An application under subsection (1) must be made in the manner specified in the code of practice issued under section 6F.
5
The Commission may at any time revoke the grant of an application under subsection (1).
6
If the Commission—
a
refuse an application under subsection (1), or
b
revoke the grant of any such application,
they must give their decision in writing and must at the same time give reasons in writing for the refusal or revocation.
7
The right conferred by this section is subject to any enactment which regulates attendance at the proceedings in question.
C9C106EAttendance and conduct of observers
1
A relevant officer may limit the number of persons who may be present at any proceedings at the same time in pursuance of section 6C or 6D.
2
If a person who is entitled to attend any proceedings by virtue of section 6C or 6D misconducts himself while attending the proceedings, the relevant officer may cancel the person's entitlement.
3
Subsection (2) does not affect any power a relevant officer has by virtue of any enactment or rule of law to remove a person from any place.
4
A relevant officer is—
a
in the case of proceedings at a polling station, the presiding officer;
b
in the case of any other proceedings at an election, the returning officer;
c
in the case of any other proceedings at a referendum, the relevant counting officer (within the meaning of section 6A);
d
such other person as a person mentioned in paragraph (a), (b) or (c) authorises for the purposes of the proceedings mentioned in that paragraph.
6FCode of practice on attendance of observers at elections etc.
1
The Commission must prepare a code of practice on the attendance of—
a
representatives of the Commission,
b
accredited observers, and
c
nominated members of accredited organisations,
at elections specified in subsection (5) of section 6A and referendums to which Part 7 applies.
2
The code must in particular—
a
specify the manner in which applications under sections 6C(1) and 6D(1) are to be made to the Commission;
b
specify the criteria to be taken into account by the Commission in determining such applications;
c
give guidance to relevant officers (within the meaning of section 6E) as to the exercise of the power conferred by subsection (1) of that section;
d
give guidance to such officers as to the exercise of the power mentioned in subsection (2) of that section as it relates to a person having the permission mentioned in subsection (1) of that section;
e
give guidance to such officers as to the exercise of any power under any enactment to control the number of persons present at any proceedings relating to an election or referendum as it relates to a person having such permission;
f
give guidance to representatives of the Commission, accredited observers and nominated members of accredited organisations on the exercise of the rights conferred by sections 6A, 6B, 6C and 6D.
3
The code may make different provision for different purposes.
4
Before preparing the code, the Commission must consult the Secretary of State.
5
The Commission must lay the code before each House of Parliament.
6
The Commission must publish the code (in such manner as the Commission may determine).
7
The following persons must have regard to the code in exercising any function conferred by section 6A, 6B, 6C, 6D or 6E—
a
the Commission;
b
representatives of the Commission;
c
relevant officers (within the meaning of section 6E);
d
relevant counting officers.
8
The Commission may at any time revise the code.
9
Subsections (4) to (7) apply in relation to a revision of the code as they apply in relation to the code.
10
In this section—
a
“accredited observer” must be construed in accordance with section 6C;
b
“accredited organisation” must be construed in accordance with section 6D, and “nominated member” must be construed accordingly;
c
“relevant counting officer” must be construed in accordance with section 6A;
d
“representative of the Commission” has the same meaning as in section 6A.
I47 Commission to be consulted on changes to electoral law.
1
Before making an instrument to which this section applies, the authority making the instrument shall consult the Commission.
2
This section applies to an instrument containing—
a
regulations under F3the European Parliamentary Elections Act 2002;
b
an order under F4section 6(2)(b) or (3)(b) of that Act (designations of regional returning officers);
c
an order under section 24(1)(c), (cc) or (e), 25(1)(b), 28(1)(b) or 35(2B) of the Representation of the M6People Act 1983 (designations of returning officers and acting returning officers);
d
rules under section 36 of that Act (local government elections in England and Wales);
e
regulations under that Act (“the 1983 Act”), or under the Representation of the M7People Act 1985, in relation to which section 201(2) of the 1983 Act (regulations which may not be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament) has effect;
f
an order under section 11 or 36(4) or (5) of the M26Government of Wales Act 1998 (conduct of elections to the National Assembly for Wales and of polls held by the Assembly);
g
an order under section 12(1) or (6) of the M8Scotland Act 1998 (conduct of elections to the Scottish Parliament);
h
an order under section 34(4) of the M9Northern Ireland Act 1998 (conduct of elections to the Northern Ireland Assembly);
i
an order under section 17A(3) of the M10Greater London Authority Act 1999 (free delivery of election addresses at elections to the Greater London Authority).
3
No draft Order shall be laid before Parliament under section 84(4) of the M11Northern Ireland Act 1998 (power to make provision with respect to elections in Northern Ireland) except after consultation with the Commission.
I58 Powers with respect to elections exercisable only on Commission recommendation.
1
The function of giving directions under section 52(1) of the Representation of the M12People Act 1983 (directions as to discharge of registration duties) shall be exercisable only on, and in accordance with, a recommendation of the Commission.
2
A function to which this subsection applies shall, unless the Secretary of State considers that the exercise of the function is expedient in consequence of changes in the value of money, be exercisable only on, and in accordance with, a recommendation of the Commission.
3
Subsection (2) applies to the following functions, namely—
a
the making of orders under section 76(2A) of that Act (limitation of expenses in connection with elections to the Greater London Authority);
b
the making of orders under section 11 of the M27Government of Wales Act 1998 or section 12 of the M13Scotland Act 1998 so far as relating to the matters mentioned in subsection (2)(c) of the section (limitation of expenses in connection with elections to the National Assembly for Wales or Scottish Parliament);
c
the making of regulations under F5section 7(2)(a) of the European Parliamentary Elections Act 2002(limitation of expenses in connection with elections to the European Parliament).
I69 Involvement of Commission in changes in electoral procedures.
1
The Commission—
a
may participate with any relevant local authority in the joint submission of proposals falling within section 10(1) of the Representation of the People Act 2000 (pilot schemes); and
b
shall have such other functions in relation to—
i
orders and schemes under section 10 of that Act, and
ii
orders under section 11 of that Act (revision of procedures in the light of pilot schemes),
as are conferred on the Commission by those sections.
2
Where any scheme under section 10 of that Act falls to be implemented following the approval by the Secretary of State of proposals jointly submitted by the Commission and a relevant local authority as mentioned in subsection (1)(a) above, the Commission may, in connection with the implementation of the scheme, provide that authority with such assistance (except financial assistance) as the Commission think fit.
3
In this section “relevant local authority” has the same meaning as in section 10 of that Act.
F109ASetting of performance standards
1
The Commission may from time to time—
a
determine standards of performance for relevant officers, and
b
publish, in such form and in such manner as they consider appropriate, the standards so determined.
2
The standards of performance are such standards as the Commission think ought to be achieved by—
a
electoral registration officers in the performance of their functions;
b
returning officers in the administration of the elections specified in subsection (6);
c
counting officers in the administration of the referendums specified in subsection (7).
3
Before determining standards under subsection (1), the Commission must consult—
a
the Secretary of State, and
b
any other person they think appropriate.
4
The Commission may determine different standards for different descriptions of relevant officers.
5
When the Commission publish standards under subsection (1) they must send a copy of the published standards to the Secretary of State who must lay a copy of the published standards before each House of Parliament.
6
The elections specified in this subsection are—
a
an election mentioned in section 5(2);
b
a parliamentary by-election;
c
an election under section 9 of the Scotland Act 1998 (constituency vacancies);
d
an election under section 8 of the Government of Wales Act 1998 (vacancies in constituency seats);
e
a local government election in England or Wales.
7
The referendums specified in this subsection are—
a
a referendum to which Part 7 applies;
b
a referendum under Part 2 of the Local Government Act 2000.
8
For the purposes of this section and sections 9B and 9C, the relevant officers are—
a
electoral registration officers;
b
in relation to elections within subsection (6), returning officers;
c
in relation to referendums within subsection (7), counting officers.
9BF10Returns and reports on performance standards
1
The Commission may from time to time issue directions to relevant officers to provide the Commission with such reports regarding their level of performance against the standards determined under section 9A(1) as may be specified in the direction.
2
A direction under subsection (1)—
a
must specify the relevant officer or officers to whom it is issued (and may specify a description or descriptions of relevant officers),
b
may require the report or reports to relate to such elections or referendums (or both) as may be specified in the direction, and
c
may require the report or reports to be provided in a form specified in the direction.
3
A report provided to the Commission in pursuance of subsection (1) may be published by the relevant officer to whom it relates.
4
The Commission shall from time to time prepare and publish (in such manner as the Commission may determine) assessments of the level of performance by relevant officers against the standards determined under section 9A(1).
5
An assessment under subsection (4)—
a
must specify the relevant officer or officers to whom it relates;
b
must specify the period to which it relates;
c
may specify the elections or referendums (or both) to which it relates.
6
The Commission must not prepare an assessment under subsection (4) unless they have received reports in pursuance of subsection (1) from the relevant officer or officers for the matters to which the assessment relates.
7
Before publishing an assessment under subsection (4), the Commission shall—
a
provide to each relevant officer a copy of those parts of the assessment which relate to him;
b
have regard to any comments made by him regarding the factual accuracy of the assessment.
9CProvision of information about expenditure on elections etc.
1
The Commission may by notice in writing direct a relevant officer to provide the Commission with such expenditure information as may be specified in the direction.
2
Expenditure information is information relating to—
a
in the case of an electoral registration officer, expenditure in connection with the performance of his functions;
b
in the case of a returning officer, expenditure in connection with the election or elections specified in section 9A(6) for which he is appointed or otherwise holds office;
c
in the case of a counting officer, expenditure in connection with the referendum or referendums specified in section 9A(7) for which he is appointed.
3
A direction under subsection (1)—
a
may require the information to relate to such elections or (as the case may be) referendums as may be specified in the direction;
b
may require the information to be provided in a form specified in the direction;
c
may specify the time within which the information must be provided.
4
This section does not affect any other power of the Commission to request information.
I710 Giving of advice and assistance.
1
The Commission may, at the request of any relevant body, provide the body with advice and assistance as respects any matter in which the Commission have skill and experience.
2
The assistance which may be so provided includes (in particular) the secondment of members of the Commission’s staff.
3
The Commission may also—
a
provide advice and assistance to—
i
registration officers,
ii
returning officers at relevant elections,
iii
registered parties,
iv
recognised third parties within the meaning of Part VI, and
v
permitted participants within the meaning of Part VII;
b
provide advice and assistance to other persons which is incidental to, or otherwise connected with, the discharge by the Commission of their functions.
4
The Commission—
a
may make charges for advice or assistance provided by them under subsection (1); but
b
may not make charges for advice and assistance provided under subsection (3).
5
Nothing in this section authorises the Commission to provide any form of financial assistance.
6
In this section “relevant body” means—
a
the Scottish Parliament;
b
the Scottish Executive;
c
the National Assembly for Wales;
d
the Northern Ireland Assembly;
e
the Executive Committee of the Northern Ireland Assembly;
f
any of the following local authorities—
i
in England, the council of a county, district or London borough,
ii
in Wales, the council of a county or county borough, and
iii
in Scotland, a council constituted under section 2 of the M14Local Government etc. (Scotland) Act 1994;
g
a national or regional parliament or government in a country other than the United Kingdom;
h
a body in any such other country having functions corresponding to any of the functions of the Commission;
i
an organisation of which two or more countries (or their governments) are members or a subordinate body of such an organisation.
7
In this section “relevant election” means any election falling within section 22(5) other than a local government election in Scotland.
8
The Scottish Ministers may by order provide that subsection (7) shall have effect as if the words “other than a local government election in Scotland” were omitted.
9
Section 156(5) shall apply to an order made by the Scottish Ministers under subsection (8) as it applies to an order made by the Secretary of State under this Act and the reference in that section to enactments shall include a reference to any enactment comprised in or in an instrument made under an Act of the Scottish Parliament.
10
The power of the Scottish Ministers to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.
I811 Broadcasters to have regard to Commission’s views on party political broadcasts.
1
F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
The British Broadcasting Corporation F7shall have regard, in determining its policy with respect to party political broadcasts, to any views expressed by the Electoral Commission for the purposes of this subsection.
I912 Policy development grants.
1
For the purposes of this section—
a
“a policy development grant” is a grant to a represented registered party to assist the party with the development of policies for inclusion in any manifesto on the basis of which—
i
candidates authorised to stand by the party will seek to be elected at an election which is a relevant election for the purposes of Part II, or
ii
the party itself will seek to be so elected (in the case of such an election for which the party itself may be nominated); and
b
a registered party is “represented” if there are at least two Members of the House of Commons belonging to the party who—
i
have made and subscribed the oath required by the M15Parliamentary Oaths Act 1866 (or the corresponding affirmation), and
ii
are not disqualified from sitting or voting in that House.
2
The Commission shall submit recommendations to the Secretary of State for the terms of a scheme for the making by the Commission of policy development grants.
3
Where the Secretary of State receives recommendations under subsection (2), he shall make an order setting out such a scheme in terms which, with any modifications he considers appropriate, give effect to the recommendations.
4
The scheme shall, in particular, specify or provide for the determination of—
a
the parties eligible for policy development grants, and
b
how any money provided to the Commission for the making of policy development grants is to be allocated between the parties eligible for such grants.
5
The Commission shall keep under review the terms of any scheme under this section and shall make recommendations to the Secretary of State for any variations to the scheme which they consider appropriate.
6
Where the Secretary of State receives recommendations under subsection (5), he shall make an order giving effect, with any modifications he considers appropriate, to the recommendations.
7
Where any such modifications as are mentioned in subsection (3) or (6) would result in an order under that subsection giving effect with modifications to any recommendations of the Commission in respect of either of the matters mentioned in subsection (4), the order shall not be made without the agreement of the Commission to the modifications so far as relating to those matters.
8
The Commission shall make such grants as are provided for under any scheme under this section, and any such grants may be made subject to such conditions as (consistently with the terms of the scheme) the Commission consider appropriate; but nothing in such a scheme shall have effect to authorise the Commission to make in any financial year more than £2 million in policy development grants.
9
The Secretary of State may by order made with the consent of the Treasury vary the sum for the time being specified in subsection (8).
I1013 Education about electoral and democratic systems.
1
The Commission shall promote public awareness of—
a
current electoral systems in the United Kingdom and any pending such systems, together with such matters connected with any such existing or pending systems as the Commission may determine;
b
current systems of local government and national government in the United Kingdom and any pending such systems; and
c
the institutions of the European Union.
F81A
Subsection (1) applies to the promotion of public awareness in Gibraltar with the following modifications—
a
in paragraph (a), for “in the United Kingdom” there is substituted for elections to the European Parliament in the United Kingdom and Gibraltar; and
b
paragraph (b) is omitted.
2
For the purposes of subsection (1) any system such as is mentioned in paragraph (a) or (b) of that subsection is pending at a time when arrangements for giving effect to it have been made by any enactment but the arrangements are not yet in force.
3
Subsection (1) does not apply in relation to local government elections, or to local government, in Scotland; but in paragraph (b) of that subsection the reference to national government includes (in addition to the government of the United Kingdom) the government of parts of the United Kingdom for which there are devolved legislatures.
4
The Commission shall perform their functions under subsection (1) in such manner as they think fit but may, in particular, do so by—
a
carrying out programmes of education or information to promote public awareness of any of the matters mentioned in subsection (1); or
b
making grants to other persons or bodies for the purpose of enabling them to carry out such programmes.
5
Any grant under subsection (4)(b) may be made subject to such conditions as the Commission consider appropriate.
6
The total expenditure incurred in any financial year by the Commission in performing their functions under subsection (1) (whether by making grants or otherwise) shall not exceed such sum as is for the time being specified for the purposes of this subsection by an order made by the Secretary of State with the consent of the Treasury.
7
The Scottish Ministers may by order provide that, despite subsection (3), the Commission may perform the functions conferred by this section in relation to local government elections, or to local government, in Scotland.
8
Subsection (6) shall not apply to the expenditure incurred by the Commission in performing their functions exercisable by virtue of an order made by the Scottish Ministers under subsection (7); but such expenditure shall not exceed such sum as is for the time being specified for the purposes of this subsection in an order made by the Scottish Ministers.
9
The Scottish Ministers shall reimburse the Commission for any expenditure incurred by them which is attributable to the exercise of any of functions mentioned in subsection (8).
10
Section 156(5) shall apply to an order made by the Scottish Ministers under this section as it applies to an order made by the Secretary of State under this Act and the reference in that section to enactments shall include a reference to any enactment comprised in or in an instrument made under an Act of the Scottish Parliament.
11
The power of the Scottish Ministers to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.
Commission’s electoral boundary functions
I1114 Boundary committees.
1
The Commission shall establish four Boundary Committees, one for each of England, Scotland, Wales and Northern Ireland.
2
Each Boundary Committee shall consist of—
a
a chairman, and
b
not less than the appropriate number of other members,
appointed by the Commission.
3
For the purposes of subsection (2) “the appropriate number”, in relation to a Boundary Committee, is—
a
two, if no functions fall to be exercised by the Committee by virtue of section 18(1), section 19(1) or section 20(1) (as the case may be); and
b
four, if any functions fall to be so exercised.
4
Only an Electoral Commissioner or a deputy Electoral Commissioner may be appointed a member of a Boundary Committee; and only an Electoral Commissioner may be appointed chairman of a Boundary Committee.
5
The Commission shall, where any functions fall to be exercised by a Boundary Committee as mentioned in subsection (3), so exercise their powers of appointment under this section and section 15 as to secure—
a
that at least one of the members of the Committee is a person with experience of local government matters in England, Scotland or Wales (as the case may be); and
b
that, in the case of the Boundary Committee for Wales, at least one of the members of the Committee is a person able to speak the Welsh language.
6
The following persons shall be assessors to the Boundary Committees—
a
in the case of each of the Boundary Committee for England and the Boundary Committee for Wales, the Registrar General for England and Wales and the Director General of Ordnance Survey;
b
in the case of the Boundary Committee for Scotland, the Registrar General of Births, Deaths and Marriages for Scotland and the Director General of Ordnance Survey;
c
in the case of the Boundary Committee for Northern Ireland, the Registrar General of Births and Deaths in Northern Ireland, the Commissioner of Valuation for Northern Ireland and the Chief Electoral Officer for Northern Ireland.
15 Deputy Electoral Commissioners.
1
The Commission may appoint Deputy Electoral Commissioners.
2
The number of Deputy Electoral Commissioners shall not exceed such number as the Commission, with the agreement of the Speaker’s Committee, may determine.
3
A person shall not be appointed as a Deputy Electoral Commissioner if he is a person who (by virtue of section 3(4)) may not be appointed as an Electoral Commissioner.
4
The functions of a Deputy Electoral Commissioner are limited to serving as a member of any Boundary Committee to which he is appointed.
5
Schedule 1 contains further provisions about Deputy Electoral Commissioners.
I1216 Transfer of functions of Boundary Commissions.
1
The M16Parliamentary Constituencies Act 1986 shall have effect subject to the amendments specified in Part I of Schedule 3, by virtue of which—
a
the functions of each of the Boundary Commissions under section 3(1) and (3) of that Act (functions with respect to keeping under review, and reporting on, representation in the House of Commons of the part of the United Kingdom with which they are concerned) are transferred to the Electoral Commission; and
b
functions with respect to—
i
the carrying out of reviews under that Act with respect to a particular part of the United Kingdom, and
ii
the submission to the Electoral Commission of proposed recommendations following any such review,
are conferred on the Boundary Committee established for that part of the United Kingdom under section 14 above.
2
The consequential amendments of other Acts specified in Part II of Schedule 3 shall have effect.
3
A Boundary Commission shall cease to exist at such time as the Secretary of State, being satisfied that they have no further functions to perform, by order directs.
4
In this section “Boundary Commission” means one of the Boundary Commissions constituted under the 1986 Act.
F1217 Transfer of property etc. of the Boundary Commissions.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I1318 Transfer of functions of Local Government Commission for England.
1
The Secretary of State may by order make provision for and in connection with transferring (to any extent) to—
a
the Commission, or
b
the Boundary Committee for England,
any of the functions of the Local Government Commission for England (in this section referred to as “the English Commission”).
2
An order under subsection (1) may make provision for—
a
transferring (to any extent) any relevant function of the Secretary of State to the Commission;
b
terminating (to any extent) any relevant function of the Secretary of State or the English Commission without transferring it to the Commission or the Boundary Committee for England;
c
modifying (to any extent) any relevant function of the Secretary of State;
d
preventing the Secretary of State from exercising any relevant function (including one so modified) unless he has sought and obtained such advice of the Commission as may be prescribed by the order, or authorising him to seek such advice in connection with the exercise of any such function;
e
modifying any relevant or other function transferred by an order under subsection (1) so far as it is to be exercisable by the Commission or the Boundary Committee for England;
f
conferring on the Commission functions with respect to electoral areas or other electoral arrangements relating to the Isles of Scilly.
3
In subsection (2) “relevant function” means (subject to subsection (4)) a function under—
a
any of sections 13 to 15 and 17 of the M17Local Government Act 1992 (local government changes in England),
b
any of sections 13, 14 and 17(4) of the M18Local Government and Rating Act 1997 (parishes and parish councils) so far as having effect in relation to electoral arrangements within the meaning of Part II of that Act, or
c
section 2(4) of the M19Greater London Authority Act 1999 or Schedule 1 to that Act (assembly constituencies).
4
Nothing in subsection (2) authorises the transfer to the Commission of any power of the Secretary of State under any of the provisions mentioned in subsection (3)(a) to make orders other than those effecting electoral changes within the meaning of Part II of the M20Local Government Act 1992; but, subject to that, the functions which may be transferred by virtue of subsection (2) include functions with respect to the making of orders by statutory instrument.
5
The provision made by order under subsection (1) as respects the distribution of functions between the Commission and the Boundary Committee for England shall broadly correspond to that made by Part I of Schedule 3 as respects the distribution of functions between those bodies.
6
The English Commission shall cease to exist at such time as the Secretary of State, being satisfied that they have no further functions to perform, by order directs.
7
An order under subsection (1) or (6) may include provision for the transfer to the Commission—
a
of the staff of the English Commission, and
b
of any property, rights and liabilities to which the English Commission are entitled or subject;
and an order which contains provision such as is mentioned in paragraph (b) may in particular provide for the order to have effect despite any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by the order.
8
An order under subsection (6) may include provision for the abolition of any duty in compliance with which the English Commission were established or constituted.
9
The Secretary of State may pay to the Commission such amount as he may determine to be appropriate by way of reimbursement for any expenditure incurred by them which is attributable to the provision by them of advice to the Secretary of State in pursuance of an order under subsection (1).
I1419 Transfer of functions of Local Government Boundary Commission for Scotland.
1
The Scottish Ministers may by order make provision for and in connection with transferring (to any extent) to—
a
the Commission, or
b
the Boundary Committee for Scotland,
any of the functions of the Local Government Boundary Commission for Scotland (in this section referred to as “the Scottish Commission”).
2
An order under subsection (1) may make provision for—
a
transferring (to any extent) any relevant function of the Scottish Ministers to the Commission;
b
terminating (to any extent) any relevant function of the Scottish Ministers or the Scottish Commission without transferring it to the Commission or the Boundary Committee for Scotland;
c
modifying (to any extent) any relevant function of the Scottish Ministers;
d
preventing the Scottish Ministers from exercising any relevant function (including one so modified) unless they have sought and obtained such advice of the Commission as may be prescribed by the order, or authorising them to seek such advice in connection with the exercise of any such function;
e
modifying any function transferred by such an order so far as it is to be exercisable by the Commission or the Boundary Committee for Scotland.
3
In subsection (2) “relevant function” means (subject to subsection (4)) a function under any of sections 13 to 21 of, and Schedule 5 and paragraph 1(2) of Schedule 6 to, the M21Local Government (Scotland) Act 1973.
4
Nothing in subsection (2)(a) authorises the transfer to the Commission of any power of the Scottish Ministers to make orders under any of the provisions mentioned in subsection (3).
5
The provision made by order under subsection (1) as respects the distribution of functions between the Commission and the Boundary Committee for Scotland shall broadly correspond to that made by Part I of Schedule 3 as respects the distribution of functions between those bodies.
6
The Scottish Commission shall cease to exist at such time as the Scottish Ministers, being satisfied that the Scottish Commission have no further functions, by order direct.
7
An order under subsection (1) or (6) may include provision for the transfer to the Commission—
a
of the staff of the Scottish Commission, and
b
of any property (including rights and interests of any description) and liabilities to which the Scottish Commission are entitled or subject;
and an order which contains provision such as is mentioned in paragraph (b) may in particular provide for the order to have effect despite any provision (of whatever nature) which would prevent or restrict the transfer of the property or liabilities otherwise than by the order.
8
An order under subsection (6) may include provision for the abolition of any duty in compliance with which the Scottish Commission were established or constituted.
9
Section 156(5) shall apply to an order made by the Scottish Ministers under this section as it applies to an order made by the Secretary of State under this Act and the reference in that section to enactments shall include a reference to any enactment comprised in or in an instrument made under an Act of the Scottish Parliament.
10
Any power of the Scottish Ministers to make an order under this section shall be exercisable by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.
11
The Scottish Ministers shall reimburse the Commission for any expenditure incurred by them which is attributable to the exercise of any functions in consequence of an order made under subsection (1).
I1520 Transfer of functions of Local Government Boundary Commission for Wales.
1
The National Assembly for Wales may by order make provision for and in connection with transferring (to any extent) to—
a
the Commission, or
b
the Boundary Committee for Wales,
any of the functions of the Local Government Boundary Commission for Wales (in this section referred to as “the Welsh Commission”).
2
An order under subsection (1) may make provision for—
a
transferring (to any extent) any relevant function of the National Assembly for Wales (“the Assembly”) to the Commission;
b
terminating (to any extent) any relevant function of the Assembly or the Welsh Commission without transferring it to the Commission or the Boundary Committee for Wales;
c
modifying (to any extent) any relevant function of the Assembly;
d
preventing the Assembly from exercising any relevant function (including one so modified) unless the Assembly has sought and obtained such advice of the Commission as may be prescribed by the order, or authorising the Assembly to seek such advice in connection with the exercise of any such function;
e
modifying any relevant or other function transferred by an order under subsection (1) so far as it is to be exercisable by the Commission or the Boundary Committee for Wales.
3
In subsection (2) “relevant function” means (subject to subsection (4)) a function under—
a
section 30(3) or (4) or 31(3) of the M22Local Government Act 1972 (restriction on community applications during and after reviews), or
b
any of sections 54 to 60, 69 and 71 of, or paragraph 1A of Schedule 11 to, that Act (local government changes in Wales).
4
Nothing in subsection (2) authorises the transfer to the Commission of any power of the Assembly under any of the provisions mentioned in subsection (3)(b) to make orders other than those effecting alterations in electoral arrangements within the meaning of Part IV of the M23Local Government Act 1972; but, subject to that, the functions which may be transferred by virtue of subsection (2) include functions with respect to the making of orders by statutory instrument.
5
The provision made by order under subsection (1) as respects the distribution of functions between the Commission and the Boundary Committee for Wales shall broadly correspond to that made by Part I of Schedule 3 as respects the distribution of functions between those bodies.
6
The Welsh Commission shall cease to exist at such time as the National Assembly for Wales, being satisfied that they have no further functions to perform, by order directs.
7
An order under subsection (1) or (6) may include provision for the transfer to the Commission—
a
of the staff of the Welsh Commission, and
b
of any property, rights and liabilities to which the Welsh Commission are entitled or subject;
and an order which contains provision such as is mentioned in paragraph (b) may in particular provide for the order to have effect despite any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by the order.
8
An order under subsection (6) may include provision for the abolition of any duty in compliance with which the Welsh Commission were established or constituted.
9
An order under this section may contain any appropriate consequential, incidental, supplementary or transitional provisions or savings (including provisions amending, repealing or revoking enactments).
10
Nothing in this section shall be read as affecting the generality of subsection (9).
11
Any power of the National Assembly for Wales to make an order under this section shall be exercisable by statutory instrument.
12
The expenditure of the Commission, so far as attributable to the exercise of any functions in consequence of an order under subsection (1), shall be met by the National Assembly for Wales.
F11Commission's functions relating to CORE
20ACommission as CORE keeper
The Commission may be designated as a CORE keeper for the purposes of section 1 of the Electoral Administration Act 2006.
Supplementary
I1621 Interpretation of Part I.
In this Part “financial year”, in relation to the Commission, means a period of 12 months ending with 31st March; but the first financial year of the Commission is the period beginning with the date of the establishment of the Commission and ending with the next 31st March.
S. 20A and preceding cross-heading inserted (11.7.2006) by Electoral Administration Act 2006 (c. 22), s. 4(1), 77(1)(d)