(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—
F1(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F1(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 M1People Act 1983 (designations of returning officers and acting returning officers);
(d)rules under section 36 of that Act (local government elections in England F2...);
(e)regulations under that Act (“the 1983 Act”), or under the Representation of the M2People 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;
[F3(eza)regulations to be made by the Scottish Ministers under section 81(3A)(c) of the Representation of the People Act 1983 (other matters to be included in election expenses return in relation to local government elections in Scotland);]
[F4(ezb)regulations to be made by the Scottish Ministers under paragraph 10(2) of schedule 2A of the Representation of the People Act 1983 (evidence of donor's anonymous registration to accompany statement of relevant donations in relation to local government elections in Scotland);]
[F5(ea)regulations made by virtue of paragraph 7F of Schedule 4 to the Representation of the People Act 2000 (regulations made by the Scottish Ministers about notification of rejected postal votes in relation to local government elections in Scotland);]
[F6(f)an order under section 13 or 64(3) [F7 or regulations under section 13A] of the Government of Wales Act 2006 (conduct of elections to the National Assembly for Wales and of polls held by Welsh Ministers);]
(g)an order under section 12(1) or (6) [F8or regulations under section 12A(1)] of the M3Scotland Act 1998 (conduct of elections to the Scottish Parliament);
(h)an order under section 34(4) of the M4Northern Ireland Act 1998 (conduct of elections to the Northern Ireland Assembly);
[F9(ha)an order under subsection (1)(b) of section 54 of the Police Reform and Social Responsibility Act 2011 (designations of returning officers for elections of persons as police and crime commissioners in England and Wales);
(hb)regulations under subsection (2) of that section (functions of returning officers and local returning officers for such elections);
(hc)an order under section 58 of that Act (conduct of elections of persons as police and crime commissioners in England and Wales);]
(i)an order under section 17A(3) of the M5Greater London Authority Act 1999 (free delivery of election addresses at elections to the Greater London Authority).
[F10(j)an order under section 3(1) of the Local Governance (Scotland) Act 2004.]
[F11(k)regulations under section 9(5) or 18 of the Recall of MPs Act 2015 (wording of the recall petition signing sheet and the conduct of a recall petition etc).]
(3)No draft Order shall be laid before Parliament under section 84(4) of the M6Northern Ireland Act 1998 (power to make provision with respect to elections in Northern Ireland) except after consultation with the Commission.
Textual Amendments
F1S. 7(2)(a)(b) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))
F2Words in s. 7(2)(d) omitted (20.3.2021) by virtue of Local Government and Elections (Wales) Act 2021 (asc 1), s. 175(3)(f), Sch. 2 para. 11
F3S. 7(2)(eza) inserted (S.) (29.9.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 20(4), 35; S.S.I. 2021/311, reg. 2, sch. (with reg. 3)
F4S. 7(2)(ezb) inserted (S.) (29.9.2021) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 21(6), 35; S.S.I. 2021/311, reg. 2, sch. (with reg. 3)
F5S. 7(2)(ea) inserted (2.4.2013) by Electoral Registration and Administration Act 2013 (c. 6), ss. 22(2), 27(1); S.I. 2013/702, art. 3(d)
F6S. 7(2)(f) substituted (3.5.2007) by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 93, 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.
F7Words in s. 7(2)(f) inserted (1.4.2018) by Wales Act 2017 (c. 4), ss. 5(3), 71(4) (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(b)
F8Words in s. 7(2)(g) inserted (1.7.2015) by Scotland Act 2012 (c. 11), ss. 3(5), 44(5); S.I. 2015/682, art. 2(b)
F9S. 7(2)(ha)-(hc) inserted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 10 para. 11; S.I. 2012/1129, art. 2(g)
F10S. 7(2)(j) inserted (S.) (29.6.2011) by Local Electoral Administration (Scotland) Act 2011 (asp 10), ss. 12, 21(1); S.S.I. 2011/277, art. 2(b)
F11S. 7(2)(k) inserted (26.3.2015 for specified purposes, 4.3.2016 in so far as not already in force) by Recall of MPs Act 2015 (c. 25), s. 24(2)(g), Sch. 6 para. 3(6); S.I. 2016/290, reg. 2
Modifications etc. (not altering text)
C1S. 7(2)(g) saving for effect of 2012 c. 11, s. 3(5) (1.7.2015) by The Scotland Act 2012 (Saving and Consequential Provisions) Order 2015 (S.I. 2015/683), arts. 1, 2
Commencement Information
I1S. 7 wholly in force at 16.2.2001; s. 7 not in force at Royal Assent, see s. 163(2); s. 7 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)
Marginal Citations