Part I

The Electoral Commission

Commission’s general functions

Reports on elections, referendums etc.
5
1
The Commission shall, after—
a
each election to which this section applies, and
b
each referendum to which Part VII applies,
prepare and publish (in such manner as the Commission may determine) a report on the administration of the election or referendum.
2
The elections to which this section applies are the following, namely—
a
a parliamentary general election;
b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
c
a Scottish Parliamentary general election;
d
a
Senedd Cymru
general election;
e
a Northern Ireland Assembly general election.
f
an ordinary election of police and crime commissioners.
2A
After—
a
a parliamentary by-election,
b
an election held under section 9 of the Scotland Act 1998 (election for the Scottish Parliament in the case of a constituency vacancy), ...
c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .or
d
an election held under section 51 of the Police Reform and Social Responsibility Act 2011 (election to fill vacancy in office of police and crime commissioner),
the Commission may prepare and publish (in such manner as the Commission may determine) a report on the administration of the election.
2AA
Subsection (2AB) applies where a report under this section relates to—
a
a parliamentary general election,
b
a parliamentary by-election,
c
an ordinary election of police and crime commissioners,
d
an election held under section 51 of the Police Reform and Social Responsibility Act 2011 (election to fill vacancy in office of police and crime commissioner), or
e
a Northern Ireland Assembly general election.
2AB
The report must include a description of the steps taken by returning officers to assist relevant persons (within the meaning of rule 29 of Schedule 1 to the Representation of the People Act 1983) to vote at the election.
2B
After an ordinary election of councillors for local government areas in Scotland, the Commission must prepare and publish (in such manner as the Commission may determine) a report on the administration of the election.
2C
Subsection (2D) applies where a report under this section relates to one of the following elections—
a
a Scottish Parliamentary general election,
b
an election held under section 9 of the Scotland Act 1998 (constituency vacancies), or
c
an ordinary election of councillors for local government areas in Scotland.
2D
The report must include a description of the steps taken by returning officers to assist disabled persons (within the meaning of section 6(2) of the Equality Act 2010) to vote at the election.
2DA
Subsections (2DB) and (2DC) apply where a report under this section relates to one of the following elections—
a
a Scottish Parliamentary general election, or
b
an ordinary election of councillors for local government areas in Scotland.
2DB
The report must include a description of the steps taken by—
a
the Commission in performing their functions under section 13(1), and
b
returning officers,
to promote public awareness about the election and how to vote in it (including, in particular, how to fill in a ballot paper).
2DC
The report may also include a description of steps taken by any other person to promote public awareness about the election and how to vote in it.
2E
In
subsections (2D) and (2DB)
, “returning officer”—
a
in the case of a Scottish Parliamentary general election, means an officer who is—
i
appointed by order in accordance with section 12(1) of the Scotland Act 1998, or
ii
appointed by order under section 12(6) of that Act,
b
in the case of an election held under section 9 of that Act, means an officer who is appointed by order in accordance with section 12(1) of that Act,
c
in the case of an ordinary election of councillors for local government areas in Scotland, means an officer who is appointed under section 41(1) of the Representation of the People Act 1983.”. Miscellaneous
3
After a poll held under section 64 of the Government of Wales Act 2006 the Commission shall, if requested to do so by the National Assembly for Wales, at the Assembly’s expense prepare and publish (in such manner as the Commission may determine) a report on the administration of the poll.
4
After the end of a recall petition period (within the meaning of Schedule 3 to the Recall of MPs Act 2015), the Commission must prepare and publish (in such manner as the Commission may determine) a report on the actions taken, or not taken, under or by virtue of that Act in relation to the recall petition in question after the giving of the Speaker's notice under section 5 of that Act in relation to that petition.
S. 5 wholly in force at 16.2.2001; s. 5 not in force at Royal Assent, see s. 163(2); s. 5 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)
S. 5 applied (with modifications) (23.7.2004) by The Regional Assembly and Local Government Referendums Order 2004 (S.I. 2004/1962), art. 7(1), Sch. 3 Pt. 1
S. 5(2A) inserted (1.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 28, 77(2); S.I. 2006/3412, art. 3, Sch. 1 para. 14(m) (subject to art. 6, Sch. 2); S.I. 2008/1316, arts. 2(2), 4(j)
S. 5(2)(d) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 90(a), the amending provision coming into force immediately after the ordinary election under s. 3 of the Government of Wales Act 1998 (c. 38) held on 3.5.2007, see art. 1(2) of the amending S.I.
Words in s. 5(3) substituted by The Government of Wales Act 2006 (Consequential Modifications and Transitional Provisions) Order 2007 (S.I. 2007/1388), art. 3, Sch. 1 para. 90(c), the amending provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007) -- see ss. 46, 161(5) of the Government of Wales Act 2006 (c. 32) and art. 1(2) of the amending S.I.
Words in s. 5 heading substituted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 6 para. 3(2)(a); S.I. 2016/290, reg. 2
S. 5(2A)(c) omitted (W.) (24.8.2024) by virtue of Senedd Cymru (Members and Elections) Act 2024 (asc 4), ss. 10(10)(b), 25(2)(b) (with s. 24(1))
S. 5(2)(f) inserted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 10 para. 9(a); S.I. 2012/1129, art. 2(g)
Words in s. 5(2)(d) substituted (W.) (1.1.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), s. 72(4), Sch. 1 para. 6(2)(a); S.I. 2024/1337, art. 2(n)
S. 5(2B) inserted (S.) (29.6.2011) by Local Electoral Administration (Scotland) Act 2011 (asp 10), ss. 10, 21(1); S.S.I. 2011/277, art. 2(b)
S. 5(4) inserted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 6 para. 3(2)(b); S.I. 2016/290, reg. 2
S. 5(2A)(d) and word inserted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 10 para. 9(b); S.I. 2012/1129, art. 2(g)
Word in s. 5(2A) omitted (25.4.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 10 para. 9(b); S.I. 2012/1129, art. 2(g)
S. 5(2AA)(2AB) inserted (29.12.2022) by Elections Act 2022 (c. 37), ss. 9(5), 67(1); S.I. 2022/1270, reg. 2(a) (with reg. 3)
S. 5(2)(b) repealed (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))
S. 5(2C)-(2E) inserted (S.) (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 22, 35; S.S.I. 2020/278, reg. 2, sch.
S. 5(2DA)-(2DC) inserted (S.) (14.4.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 67(2)(a), 73(2); S.S.I. 2025/106, reg. 2(1)(a), sch. Pt. 1
Words in s. 5(2E) substituted (S.) (14.4.2025) by Scottish Elections (Representation and Reform) Act 2025 (asp 4), ss. 67(2)(b), 73(2); S.S.I. 2025/106, reg. 2(1)(a), sch. Pt. 1