Legislation – Elections and Elected Bodies (Wales) Act 2024

“PART 2ACO-ORDINATION OF ELECTORAL ADMINISTRATION

General functions

20AElectoral administration functions

(1)

The Commission has the general function of co-ordinating the administration of Welsh elections and referendums.

(2)

The general function in subsection (1) includes—

(a)

assisting returning officers, local authorities and other persons in carrying out their functions in relation to Welsh elections and referendums;

(b)

promoting best practice in the administration of Welsh elections and referendums by providing information, advice or training (or otherwise).

(3)

The Commission may provide information, advice or other assistance to the Welsh Ministers about the administration of Welsh elections and referendums.

(4)

In this Part “Welsh elections and referendums” means—

(a)

Senedd Cymru elections;

(b)

local government elections in Wales;

(c)

devolved referendums.

Directions

20BDirections to returning officers

(1)

The Commission may give directions in writing to returning officers about the exercise of the officers’ functions in relation to—

(a)

Senedd Cymru elections generally,

(b)

a particular Senedd Cymru election,

(c)

local government elections in Wales generally,

(d)

a particular local government election in Wales,

(e)

devolved referendums generally, or

(f)

a particular devolved referendum.

(2)

A direction under subsection (1) may require a returning officer to provide the Commission with information.

(3)

A direction under subsection (1) may require a returning officer—

(a)

to exercise any discretion the officer has in performing the officer’s functions, or

(b)

to exercise the discretion in a particular way.

(4)

A returning officer to whom a direction under subsection (1) is given must comply with the direction in so far as it directs the officer—

(a)

to exercise any discretion the officer would otherwise have in performing the officer’s functions (or exercise it in a particular way), or

(b)

to provide information to the Commission.

(5)

A returning officer is not required to comply with a direction under subsection (1)—

(a)

if compliance with the direction would be inconsistent with a duty of the officer under any enactment,

(b)

in so far as exercise of the officer’s functions subject to the direction relates to a reserved election in a poll combined with a Welsh election or referendum, or

(c)

in so far as exercise of the officer’s functions subject to the direction relates to the combination of—

(i)

a poll at a reserved election with the poll at a Welsh election or referendum;

(ii)

a poll at a Senedd Cymru election with the poll at an ordinary local government election in Wales.

(6)

The Commission must publish each direction it gives under subsection (1).

20CDirections to electoral registration officers

(1)

The Commission may give directions in writing to electoral registration officers about the exercise of the officers’ functions in relation to—

(a)

a particular Senedd Cymru election,

(b)

a particular local government election in Wales, or

(c)

a particular devolved referendum.

(2)

A direction under subsection (1) may require an electoral registration officer—

(a)

to exercise any discretion the officer has in performing the officer’s functions, or

(b)

to exercise the discretion in a particular way.

(3)

A direction under subsection (1) may require an electoral registration officer to provide the Commission with information.

(4)

An electoral registration officer to whom a direction under subsection (1) is given must comply with the direction in so far as it directs the officer—

(a)

to exercise any discretion the officer would otherwise have in performing the officer’s functions (or exercise it in a particular way), or

(b)

to provide information to the Commission.

(5)

An electoral registration officer is not required to comply with a direction under subsection (1)—

(a)

if it is inconsistent with—

(i)

a duty of the officer under any enactment, or

(ii)

a direction given under section 52 of the 1983 Act;

(b)

in so far as exercise of the officer’s functions relates to a poll in a reserved election combined with a poll in a Welsh election or referendum.

(6)

The Commission must publish each direction it gives under subsection (1).

20DConsultation with the Electoral Commission

(1)

Before giving a direction under section 20B or 20C, the Commission must consult the Electoral Commission.

(2)

The Electoral Commission must give a response in writing to the Commission to the matters on which it is consulted.

The Board

20EElectoral Management Board

(1)

The Commission must establish a board to be known as the Electoral Management Board (“the Board”).

(2)

The functions of the Commission under the provisions specified in subsection (3) are delegated to the Board and must only be exercised by the Board.

(3)

The provisions are—

(a)

sections 20A to 20D;

(b)

chapter 3 of Part 1 of the Elections and Elected Bodies (Wales) Act 2024 (Welsh elections piloting and reform);

(c)

provision specified in regulations made by the Welsh Ministers.

(4)

The powers in section 12 may be exercised by the Board or the Commission in relation to the functions delegated by subsection (2).

(5)

Subsection (2) does not affect the Commission’s responsibility for exercise of the delegated functions.

20FBoard membership

(1)

The Board is to consist of—

(a)

a member of the Commission to chair the Board who is a former elections officer,

(b)

one other member of the Commission, and

(c)

members who are elections officers or former elections officers (one of whom is to be the deputy chair of the Board).

(2)

The members of the Board are to be appointed by the Commission.

(3)

The Commission must appoint at least four members to the Board of the kind described in subsection (1)(c).

(4)

The chair is to be chosen by the Commission and the deputy chair is to be chosen by the Board.

(5)

Members of the Board who are also members of the Commission are to be appointed on terms and conditions determined by the Welsh Ministers.

(6)

The other members of the Board are to be appointed on terms and conditions determined by the Commission after consultation with the Welsh Ministers.

(7)

The terms and conditions that may be determined under subsections (5) and (6) include conditions as to remuneration, allowances and expenses.

(8)

A person appointed under subsection (1)(c) must not be—

(a)

a member of‍ a UK legislature;‍

(b)

a member of the staff of‍ the Senedd (within the meaning of the Government of Wales Act 2006 (c. 32));

(c)

a person‍ engaged by a member of a UK legislature, under a contract of service or a contract for services, in connection with the carrying out of the member’s functions;

(d)

a member of a local authority;

(e)

a member of a National Park authority for a National Park in Wales;

(f)

a police and crime commissioner for a police area in Wales;

(g)

a Commissioner or Assistant Commissioner;

(h)

a member of the Commission’s staff;

(i)

a person employed in the civil service of the state.

(9)

In this section “elections officer” means—

(a)

a returning officer, or

(b)

an electoral registration officer.

20GTenure

Members of the Board hold and vacate office in accordance with their terms and conditions of appointment.

20HBoard proceedings

(1)

The members of the Board must have votes of equal weight to each other for the purpose of the Board’s decisions, but the chair (or deputy chair if the chair is absent) has the casting vote in the event of a tied vote.

(2)

The Board may otherwise regulate its own procedure (including quorum).

(3)

The validity of anything done by the Board in exercise of the Commission’s functions is not affected by any defect in the appointment of a member.

(4)

The chair or deputy chair may (with the agreement of the other members of the Board) invite a person to attend a meeting of the Board for the purpose of providing advice or otherwise assisting the Board.

General

20IInterpretation of this Part

In this Part—

“the 1983 Act” (“Deddf 1983”) means the Representation of the People Act 1983 (c. 2);

“devolved referendums”(“refferenda datganoledig”) means referendums held under—

(a)

section 27 of the Local Government Act 2000 (c. 22) or by virtue of regulations or an order made under Part 2 of that Act;

(b)

section 40 of the 2011 Measure;

(c)

any other enactment (whenever passed or made) that would be within the legislative competence of Senedd Cymru if it were in a provision of an Act of the Senedd (whether the provision would require the consent of a Minister of the Crown or not);

“electoral registration officer” (“swyddog cofrestru etholiadol”) means an officer appointed under section 8(2A) of the 1983 Act or any person who may exercise the functions of the officer;

“local government elections” (“etholiadau llywodraeth leol”) means the election of—

(a)

councillors for an electoral ward of a county or county borough,

(b)

councillors for a community ward or, in the case of a community where there are no wards, for the community, or

(c)

an elected mayor or elected executive member under regulations made by virtue of section 44 of the Local Government Act 2000 (c. 22);

“reserved election” (”etholiad a gedwir yn ôl”) means—

(a)

an election for membership of the House of Commons;

(b)

an election for the office of police and crime commissioner;

“returning officer” (“swyddog canlyniadau”) means—

(a)

a returning officer (however described)—

1. (i)

   appointed under section 35(1A) of the 1983 Act,

2. (ii)

   designated in accordance with an order made under section 13 of the Government of Wales Act 2006 (c. 32) (“the 2006 Act”), or

3. (iii)

   appointed under regulations made by virtue of section 44 or 45 of the Local Government Act 2000 (c. 22);

(b)

any person who may exercise the functions of a returning officer falling within paragraph (a).”