Political Parties, Elections and Referendums Act 2000

3 Appointment of Electoral Commissioners and Commission chairman

(1) The powers of Her Majesty under section 1(4) and (5) shall be exercisable on an Address from the House of Commons.

(2) No motion shall be made for such an Address except—

(a) with the agreement of the Speaker of the House of Commons; and

(b) after consultation with the registered leader of each registered party to which two or more Members of the House of Commons then belong.

(3) Such an Address shall specify the period (not exceeding 10 years) for which each proposed Electoral Commissioner to whom the Address relates is to hold office as such Commissioner or (as the case may be) the period for which the proposed chairman of the Commission is to hold office as such chairman.

(4) A person may not be appointed as an Electoral Commissioner if the person—

(a) is a member of a registered party;

(b) is an officer or employee of a registered party or of any accounting unit of such a party;

(c) holds a relevant elective office (within the meaning of Schedule 7); or

(d) has at any time within the last ten years—

(i) been such an officer or employee as is mentioned in paragraph (b), or

(ii) held such an office as is mentioned in paragraph (c), or

(iii) been named as a donor in the register of donations reported under Chapter III or V of Part IV.

(5) An Electoral Commissioner, or the chairman of the Commission, may be re-appointed (or further re-appointed).

(6) In subsection (2)(b) the reference to Members of the House of Commons does not include any Member of that House who at the time in question—

(a) has not made and subscribed the oath required by the [1866 c. 19.] Parliamentary Oaths Act 1866 (or the corresponding affirmation); or

(b) is disqualified from sitting and voting in that House.

(7) In this section “registered party”—

(a) includes (in relation to times before the appointed day for the purposes of Part II of this Act) a party registered under the [1998 c. 48.] Registration of Political Parties Act 1998; and

(b) in subsection (4)(b) also includes (in relation to times before 1st April 1999) any political party.