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Senedd and Elections (Wales) Act 2020

Schedule 2

Electoral Commission: Further Amendments

86.This Schedule makes amendments to the Representation of the People Act 1983 (“the 1983 Act”) and to the Political Parties Elections and Referendums Act 2000 (“PPERA”).

87.Amendments to the 1983 Act permit the Electoral Commission to make a code of practice in relation to election expenses for local government elections in Wales.

88.The Welsh Ministers may approve the Code with or without modifications. They must then lay the Code, in draft form, before the Senedd. Within 40 days, the Senedd may make a resolution not to approve the draft Code. In that event, the Welsh Ministers must take no further steps in relation to it.

89.If no resolution is made, the Welsh Ministers must issue the Code in the form of the draft laid before the Senedd.

90.Schedule 2 also inserts three new sections into PPERA.

91.New Section 6ZA requires the Electoral Commission to keep under review and report to Welsh Ministers on devolved elections and referendums and the law relating to them.

92.New Section 6G requires the Electoral Commission to prepare a code of practice on attendance at elections of representatives of the Commission, of accredited observers and of nominated members of accredited organisations. This provision relates to elections to the Senedd and to local government elections in Wales.

93.New Section 9AA permits the Electoral Commission to determine and publish standards of performance of (i) electoral registration officers for local government in Wales, (ii) returning officers for elections to the Senedd and (iii) counting officers for local government referendums.

94.The Schedule also makes consequential amendments to reflect the provisions set out above.

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