Section 1 - Electoral Management Board of Democracy and Boundary Commission Cymru
15.This section of the Act inserts Part 2A into the Democracy and Boundary Commission Cymru etc. Act 2013 (“
Section 20A – Electoral administration functions
16.Section 20A describes the Commission’s general function of co-ordinating the administration of Welsh elections and referendums in further detail. Subsections (2) and (3) confirm the function includes—
assisting returning officers, local authorities and other persons to carry out their functions in relation to Welsh elections and referendums;
promoting best practice in Welsh elections and referendums, for example by providing information, advice or training to those involved in the administration of the elections; and
providing information, advice or other assistance to the Welsh Ministers about the administration of Welsh elections and referendums.
Section 20B – Directions to returning officers
17.Section 20B provides the Commission with a power to issue written directions to returning officers with regards to carrying out their functions in relation to Welsh elections and referendums. An example of directions that could be issued could be to establish a consistent date across Wales for the issue of postal ballot papers.
18.Directions issued by the Commission under this section do not have to be followed if they are inconsistent with any legal duty imposed on the officer or relate to the officer’s function relating to a combined poll.
Section 20C – Directions to electoral registration officers
19.This section provides the Commission with a power to issue written directions to electoral registration officers with regards to carrying out their functions in relation to Welsh elections and referendums. As with directions issued to returning officers, a direction issued by the Commission under this section does not have to be followed if it is inconsistent with any legal duty imposed on the electoral registration officer.
Section 20D – Consultation with the Electoral Commission
20.The Electoral Commission must be consulted before any direction is given under sections 20B or 20C.
Section 20E – Electoral Management Board
21.Section 20E requires the Commission to establish the Board, which will be responsible for carrying out the Commission’s electoral administration function.
22.When undertaking its work, the Board may also use the power of the Commission in section 12 of the 2013 Act that allows it to do things that are ancillary to the exercise of its other functions (other than borrow money, acquire property without the consent of the Welsh Ministers or form companies).
Section 20F – Board membership
23.Section 20F sets out who will be a member of the Board. In summary, the Board must consist of –
a Chair, who must be a member of the Commission appointed under section 4 of the 2013 Act and have previous experience as a returning officer or electoral registration officer. The Welsh Ministers will decide on their terms and conditions;
one other member of the Commission appointed under section 4 of the 2013 Act, whose terms and conditions will also be decided by the Welsh Ministers;
at least four other members, who must be current or former returning officers or electoral registration officers (defined by section 20F(9) as “elections officers”).
24.Subsection (4) requires the Board to choose one of these members who are current or former elections officers to be the deputy chair of the Board. Subsection (8) sets out the persons who must not be a member of the Board appointed under subsection (1)(c).
Section 20G – Tenure
25.Section 20G provides that the members of the Board hold and vacate office in accordance with the terms and conditions of their appointment, as determined under section 20F.
Section 20H – Board proceedings
26.Section 20H enables the Board to decide on its own procedure, including the minimum number of members who must be present to make decisions. Subsection (1) confirms that all members votes are equal to the other members, but the Chair (or their deputy in the Chair’s absence) will have the deciding vote in the event of a tie. Subsection (3) also confirms the validity of the Board’s proceedings or acts if there is a defect in the appointment of a Board member.
27.Subsection (4) enables the Chair or deputy Chair to invite other people to the Board’s meetings to provide advice or help with the work of the Board, provided all members agree. This may include, for example, representatives of the Electoral Commission, Association of Electoral Administrators, Electoral Service Managers, representatives of the UK and/or Welsh governments. This is to ensure the Board has sufficient flexibility to seek out the necessary expertise and assistance in the delivery of its functions. Any such attendees would not be part of the Board’s membership.
Section 20I – Interpretation
28.Section 20I defines certain words and terms used in Part 2A of the 2013 Act (as inserted by section 1(2)).
