Part I

The Electoral Commission

Strategy and policy statement

Consultation and procedural requirements
4C
1
This section sets out the requirements that must be satisfied before the Secretary of State may designate a statement under section 4A.
2
The Secretary of State must consult the following on a draft of the statement—
a
the Commission,
b
the Speaker’s Committee, and
c
the Levelling Up, Housing and Communities Committee.
3
After the Secretary of State has carried out the consultation required by subsection (2), the Secretary of State—
a
must make whatever changes to the draft the Secretary of State considers necessary in light of responses to the consultation, and
b
must prepare a report containing the Secretary of State’s response to the consultation.
4
If, after complying with subsection (3), the Secretary of State proposes to designate the statement, the Secretary of State must lay before Parliament a document that—
a
explains the Secretary of State’s proposals,
b
sets them out in the form of a draft statement, and
c
contains the report prepared under subsection (3)(b).
5
Where a document is laid before Parliament under subsection (4), no draft of the statement that the Secretary of State proposes to designate is to be laid before Parliament before the end of the 60-day period.
6
In preparing a draft statement for laying before Parliament, the Secretary of State must consider any representations made during the 60-day period in relation to anything in the document laid under subsection (4).
7
If, after the end of the 60-day period, the Secretary of State wishes to proceed with designating the statement, the Secretary of State must lay before Parliament—
a
the draft statement (incorporating any changes made in light of any representations made as mentioned in subsection (6)), and
b
a report containing the Secretary of State’s response to any such representations.
8
The draft as laid under subsection (7) must, before the end of the 40-day period, have been approved by a resolution of each House of Parliament before the Secretary of State may designate the statement under section 4A.
9
In this section—
a
“
the 40-day period
” means the period of 40 days beginning on the day on which the draft is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the days on which it is laid);
b
“
the 60-day period
” means the period of 60 days beginning on the day on which the document mentioned in subsection (4) is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the days on which it is laid).
10
When calculating the 40-day period or the 60-day period for the purposes of subsection (9)(a) or (b) respectively, ignore any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.
11
If the name of the Levelling Up, Housing and Communities Committee is changed, the reference in subsection (2)(c) to that Committee is to be read (subject to subsection (12)) as a reference to the Committee by its new name.
12
If the functions of the Levelling Up, Housing and Communities Committee at the passing of this Act with respect to electoral matters (or functions corresponding substantially to such matters) become functions of a different committee of the House of Commons, the reference in subsection (2)(c) to that Committee is to be read as a reference to the committee which for the time being has those functions.
Ss. 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