Textual Amendments
F1Pt. 2A inserted (1.1.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 1(2), 72(4); S.I. 2024/1337, art. 2(a)
(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).
(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).
(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.]