Democracy and Boundary Commission Cymru etc. Act 2013

[F1 20B Directions to returning officers E+W

(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).]

Textual Amendments

F1 Pt. 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)