Textual Amendments
F1Ss. 4A-4E and cross-heading inserted (19.8.2022) by Elections Act 2022 (c. 37), ss. 16, 67(1); S.I. 2022/908, reg. 2
(1)The Secretary of State may designate a statement for the purposes of this section if the requirements set out in section 4C (consultation and procedural requirements) are satisfied.
(2)The statement is a statement prepared by the Secretary of State that sets out—
(a)strategic and policy priorities of Her Majesty’s government relating to elections, referendums and other matters in respect of which the Commission have functions, and
(b)the role and responsibilities of the Commission in enabling Her Majesty’s government to meet those priorities.
(3)The statement may also set out—
(a)guidance relating to particular matters in respect of which the Commission have functions;
(b)any other information (for example, about the roles and responsibilities of other persons) the Secretary of State considers appropriate.
(4)In preparing the statement, the Secretary of State must have regard to the duties imposed on the Commission by section 145(1) (duties with respect to compliance with controls imposed by this Act).
(5)The statement must not contain provision about the carrying out by the Commission of their functions under Schedule 19B (investigatory powers) or Schedule 19C (civil sanctions) in relation to a particular person.
(6)The statement must not include provision in relation to elections, referendums and other matters so far as the provision would relate to the Commission’s devolved Scottish functions or the Commission’s devolved Welsh functions.
(7)A statement designated under this section must be published in whatever manner the Secretary of State considers appropriate.
(8)For the purposes of subsection (6)—
(a)the Commission’s “devolved Scottish functions” are the Commission’s functions in relation to—
(i)Scottish Parliamentary general elections, elections held under section 9 of the Scotland Act 1998 (constituency vacancies), and local government elections in Scotland, so far as those functions do not relate to reserved matters within the meaning of the Scotland Act 1998, and
(ii)referendums held throughout Scotland in pursuance of provision made by or under an Act of the Scottish Parliament;
(b)the Commission’s “devolved Welsh functions” are the Commission’s functions in relation to—
(i)general elections of members of Senedd Cymru,
F2(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii)local government elections in Wales, and
(iv)referendums held under Part 2 of the Local Government Act 2000 or Part 4 of the Local Government (Wales) Measure 2011 (referendums relating to local authority executive arrangements),
so far as those functions do not relate to reserved matters within the meaning of the Government of Wales Act 2006.]
Textual Amendments
F2S. 4A(8)(b)(ii) omitted (E.W.) (24.8.2024) by virtue of Senedd Cymru (Members and Elections) Act 2024 (asc 4), ss. 10(10)(a), 25(2)(b) (with s. 24(1))