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Part IU.K. The Electoral Commission

Commission’s general functionsU.K.

6 Reviews of electoral and political matters.U.K.

(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;

[F1(ba)such matters relating to recall petitions as the Commission may so determine;]

(c)the redistribution of seats at parliamentary elections;

(d)[F2if 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 M1Scotland Act 1998 or for the purpose of assisting members of the Northern Ireland Assembly connected with such parties to perform their Assembly duties [F3or the funding of political groups under section 24 of the Government of Wales Act 2006];

(b)the conduct of referendums held in pursuance of any provision made by or under an Act of the Scottish Parliament [F4, Senedd Cymru] or the Northern Ireland Assembly or the conduct of any poll under [F5section 64 of the Government of Wales Act 2006];

[F6(ba)how a member of the House of Commons becomes subject to a recall petition process under sections 1 to 5 of the Recall of MPs Act 2015;]

(c)the law relating to the matters mentioned in each of paragraphs (a) [F7to (ba)].

(4)Where any review carried out under this section relates to elections [F8, referendums or recall petitions] in Northern Ireland, the Commission shall consult the Chief Electoral Officer for Northern Ireland with respect to such elections[F8, referendums or recall petitions].

(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) [F9other than those mentioned in paragraph (d) of that subsection],

(ii)local government elections in England F10..., F11...

(iii)local elections in Northern Ireland; and

[F12(iv)local government elections in Scotland; and]

(b)in the case of referendums, referendums to which Part VII applies [F13and those under Part II of the M2Local Government Act 2000].

[F14(6A)This section is subject to section 6ZA.]

Textual Amendments

F3Words in s. 6(3)(a) inserted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 91(a), the amending provision coming into force immediately after the ordinary election under s. 3 of the Government of Wales Act 1998 (c. 38) held on 3.5.2007, see art. 1(2) of the amending S.I.

F5Words in s. 6(3)(b) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 91(b), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(5) of the Government of Wales Act 2006 (c. 32) and art. 1(2) of the amending S.I.

F7Words in s. 6(3)(c) substituted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 6 para. 3(3)(c); S.I. 2016/290, reg. 2

F10Words in s. 6(6)(a)(ii) omitted (E.W.) (1.10.2020) by virtue of Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(3)(b), Sch. 2 para. 3(3)(a)(ii); S.I. 2020/1052, art. 2(b)

Commencement Information

I1S. 6 partly in force; s. 6 not in force at Royal Assent, see s. 163(2); s. 6(1)(a)(b)(e)-(g)(2)-(6) in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II); s. 6(1)(d) in force at 30.10.2001 by S.I. 2001/3526, art. 2(a)

Marginal Citations