|
| |
|
(5) | If the draft incorporates any such modifications, the Secretary of |
| |
State must at the same time lay before each House a statement of his |
| |
| |
(6) | If, within the 40-day period, either House resolves not to approve the |
| |
draft, the Secretary of State must take no further steps in relation to |
| 5 |
| |
(7) | If no such resolution is made within the 40-day period— |
| |
(a) | the Secretary of State must issue the code in the form of the |
| |
draft laid before Parliament, and |
| |
(b) | the code is to come into force on such date as the Secretary of |
| 10 |
State may by order appoint, |
| |
| and the Commission must arrange for it to be published in such |
| |
manner as they think appropriate. |
| |
(8) | Sub-paragraph (6) does not prevent a new draft code from being laid |
| |
| 15 |
(9) | In this paragraph, “the 40-day period”, in relation to a draft code, |
| |
| |
(a) | if the draft is laid before one House on a day later than the |
| |
day on which it is laid before the other House, the period of |
| |
40 days beginning with the later of the two days, and |
| 20 |
(b) | in any other case, the period of 40 days beginning with the |
| |
day on which the draft is laid before each House, |
| |
| no account being taken of any period during which Parliament is |
| |
dissolved or prorogued or during which both Houses are adjourned |
| |
| 25 |
(10) | In this paragraph references to a draft code include a revised draft |
| |
| |
Power to amend Parts 1 and 2 |
| |
15 (1) | The Secretary of State may by order made by statutory instrument |
| |
make such amendments of Part 1 or 2 of this Schedule as he considers |
| 30 |
| |
(2) | An order under sub-paragraph (1) shall not be made unless a draft of |
| |
the statutory instrument containing the order has been laid before, |
| |
and approved by a resolution of, each House of Parliament. |
| |
(3) | The Secretary of State may make such an order either— |
| 35 |
(a) | where the order gives effect to a recommendation of the |
| |
| |
(b) | after consultation with the Electoral Commission.” |
| |
Observation of elections etc. |
| |
30 | Discretion to report on certain elections |
| 40 |
In section 5 of the 2000 Act (reports on elections and referendums), after |
| |
| |
| |
|
| |
|
| |
|
(a) | a parliamentary by-election, |
| |
(b) | an election held under section 9 of the Scotland Act 1998 |
| |
(election for the Scottish Parliament in the case of a constituency |
| |
| |
(c) | an election held under section 8 of the Government of Wales Act |
| 5 |
1998 (election for the National Assembly for Wales in the case of |
| |
| |
| the Commission may prepare and publish (in such manner as the |
| |
Commission may determine) a report on the administration of the |
| |
| 10 |
31 | Observation of proceedings and working practices |
| |
After section 6 of the 2000 Act (reviews of electoral and political matters), |
| |
| |
“6A | Attendance of representatives of Commission at elections etc. |
| |
(1) | A representative of the Commission may apply for permission to |
| 15 |
attend any proceedings to which this section applies. |
| |
(2) | The proceedings to which this section applies are— |
| |
(a) | proceedings relating to an election specified in subsection (11) |
| |
which are the responsibility of the returning officer for the |
| |
| 20 |
(b) | proceedings relating to a referendum to which Part 7 applies |
| |
which are the responsibility of the relevant counting officer. |
| |
(3) | An application under subsection (1) must be made— |
| |
(a) | in the case of an election, to the returning officer for the election; |
| |
(b) | in the case of a referendum, to the relevant counting officer. |
| 25 |
(4) | An application under subsection (1) must specify the proceedings in |
| |
respect of which permission is sought. |
| |
(5) | If the returning officer or the relevant counting officer (as the case may |
| |
be) grants the permission sought, the representative of the Commission |
| |
may attend the proceedings in question. |
| 30 |
(6) | The returning officer or the relevant counting officer (as the case may |
| |
be) may at any time revoke a permission granted as mentioned in |
| |
| |
(7) | If the returning officer or the relevant counting officer— |
| |
(a) | refuses an application for permission under this section, or |
| 35 |
(b) | revokes any such permission, |
| |
| he must at the same time give reasons for the refusal or revocation. |
| |
(8) | The right conferred on a representative of the Commission by |
| |
subsection (5) is subject to any enactment which regulates attendance |
| |
at the proceedings in question. |
| 40 |
(9) | In this section, “representative of the Commission” means any of the |
| |
| |
(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 |
| |
| |
(10) | 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); |
| 5 |
(b) | if the area to which the proceedings relates is Northern Ireland, |
| |
as a reference to the Chief Electoral Officer for Northern Ireland. |
| |
(11) | The elections specified in this subsection are— |
| |
(a) | an election mentioned in section 5(2); |
| |
(b) | a parliamentary by-election; |
| 10 |
(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; |
| 15 |
(f) | a local election in Northern Ireland. |
| |
6B | Observation of working practices by representatives of Commission |
| |
(1) | A representative of the Commission may apply for permission to |
| |
observe the working practices of any person to whom this section |
| |
| 20 |
(2) | The persons to whom this section applies are— |
| |
(a) | an electoral registration officer; |
| |
| |
(c) | a relevant counting officer; |
| |
(d) | any person acting under the direction of a person mentioned in |
| 25 |
| |
(3) | An application under subsection (1) must be made to a person |
| |
mentioned in paragraph (a), (b) or (c) of subsection (2) (the responsible |
| |
officer) in respect of permission to observe working practices for which |
| |
that person is responsible. |
| 30 |
(4) | An application under subsection (1) must specify the times and places |
| |
in relation to which permission to carry out observations is sought. |
| |
(5) | If the responsible officer grants the permission sought, the |
| |
representative of the Commission may attend at the time and place |
| |
mentioned in the application for the purpose of observing the working |
| 35 |
| |
(6) | The responsible officer may at any time revoke a permission granted as |
| |
mentioned in subsection (5). |
| |
(7) | If the responsible officer— |
| |
(a) | refuses an application for permission under this section, or |
| 40 |
(b) | revokes any such permission, |
| |
| he must at the same time give reasons for the refusal or revocation. |
| |
| |
(a) | “relevant counting officer”, and |
| |
(b) | “representative of the Commission”, |
| 45 |
|
| |
|
| |
|
| must be construed in accordance with section 6A. |
| |
(9) | This section does not permit the observation of working practices |
| |
which relate only to a local government election in Scotland. |
| |
6C | Accredited observers: individuals |
| |
(1) | A person who is aged 16 or over may apply to the Commission to be an |
| 5 |
accredited observer at any of the following proceedings relating to an |
| |
election specified in subsection (11) of section 6A or a referendum to |
| |
| |
(a) | proceedings at the issue or receipt of postal ballot papers; |
| |
(b) | proceedings at the poll; |
| 10 |
(c) | proceedings at the counting of votes. |
| |
(2) | If the Commission grant the application, the accredited observer may |
| |
| |
(a) | in the case of an election, to the returning officer for the election, |
| |
| 15 |
(b) | in the case of a referendum, to the relevant counting officer, |
| |
| for permission to attend the proceedings in question. |
| |
(3) | An application under subsection (2) must specify— |
| |
(a) | the proceedings in respect of which permission is sought, and |
| |
(b) | the place at which the proceedings are to be conducted. |
| 20 |
(4) | If the returning officer or the relevant counting officer (as the case may |
| |
be) grants the permission sought, the accredited observer may attend |
| |
the proceedings in question at the place in question. |
| |
(5) | An application under subsection (1) must be made in the manner |
| |
specified in the code of practice issued under section 6E. |
| 25 |
(6) | The Commission may at any time revoke the grant of an application |
| |
| |
| |
(a) | refuse an application under subsection (1), or |
| |
(b) | revoke the grant of any such application, |
| 30 |
| they must give their decision in writing and must at the same time give |
| |
reasons in writing for the refusal or revocation. |
| |
(8) | The returning officer or the relevant counting officer (as the case may |
| |
be) may at any time revoke a permission granted as mentioned in |
| |
| 35 |
(9) | If the returning officer or the relevant counting officer— |
| |
(a) | refuses an application for permission under this section, or |
| |
(b) | revokes any such permission, |
| |
| he must at the same time give reasons for the refusal or revocation. |
| |
(10) | The right conferred on an accredited observer by subsection (4) is |
| 40 |
subject to any enactment which regulates attendance at the proceedings |
| |
| |
(11) | “Relevant counting officer” must be construed in accordance with |
| |
| |
|
| |
|