Senedd and Elections (Wales) Act 2020

Political Parties, Elections and Referendums Act 2000 (c. 41)

8 After section 6F insert—

“6G Code of practice on attendance of observers at devolved elections in Wales

(1) The Commission must prepare a code of practice on the attendance at elections specified in subsection (2) of—

(a) representatives of the Commission,

(b) accredited observers, and

(c) nominated members of accredited organisations.

(2) The code must make provision about attendance at—

(a) general elections of Members of the Senedd;

(b) elections under section 10 of the Government of Wales Act 2006 (elections for Senedd constituency vacancies);

(c) local government elections in Wales.

(3) 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 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.

(4) The code may make different provision for different purposes.

(5) Before preparing the code, the Commission must consult the Welsh Ministers.

(6) The Commission must lay the code before Senedd Cymru.

(7) The Commission must publish the code (in such manner as the Commission may determine).

(8) The following persons must have regard to the code in exercising any function conferred by section 6A, 6B, 6C, 6D or 6E in relation to an election specified in subsection (2)—

(a) the Commission;

(b) representatives of the Commission;

(c) relevant officers (within the meaning of section 6E).

(9) The Commission may at any time revise the code.

(10) Subsections (4) to (7) apply in relation to a revision of the code as they apply in relation to the code.”