Part I

The Electoral Commission

Commission’s general functions

Attendance of representatives of Commission at elections etc.
6A
1
A representative of the Commission may attend—
a
proceedings relating to an election specified in subsection (5) which are the responsibility of the returning officer for the election;
b
proceedings relating to a referendum to which Part 7 applies which are the responsibility of the relevant counting officer.
c
proceedings relating to a recall petition which are the responsibility of the petition officer in relation to the petition.
2
The right conferred on a representative of the Commission by this section is subject to any enactment which regulates attendance at the proceedings in question.
3
In this section, “
representative of the Commission
” means any of the following—
a
a member of the Commission;
b
a member of staff of the Commission;
c
a person appointed by the Commission for the purposes of this section.
4
A reference to the relevant counting officer must be construed—
a
if the area to which the proceedings relates is in Great Britain, in accordance with section 128(3);
b
if the area to which the proceedings relates is Northern Ireland, as a reference to the Chief Electoral Officer for Northern Ireland.
5
The elections specified in this subsection are—
a
an election mentioned in section 5(2);
b
a parliamentary by-election;
c
an election under section 9 of the Scotland Act 1998 (constituency vacancies);
d. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
da
an election under section 51 of the Police Reform and Social Responsibility Act 2011 (election to fill vacancy in office of police and crime commissioner);
e
a local government election in England or Wales;
ea
a local government election in Scotland;
f
a local election in Northern Ireland.
Ss. 6A-6F inserted (31.1.2007 for E.W.S. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 29, 77(2); S.I. 2006/3412, art. 5 (with art. 6, Sch. 2); S.I. 2008/1316, arts. 2(2), 4(k)
S. 6A applied (with modifications) (E.) (27.7.2007) by The Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), regs. 1(2)(3), 8, 11, 13, {Sch. 4 Table 4}
S. 6A applied (with modifications) (W.) (23.7.2008) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848), regs. 1(2), 8, {Sch. 4 Table 3}
S. 6A applied (with modifications) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 4 para. 1 Table 4 (with reg. 27)
S. 6A applied (with modifications) (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 Pt. 1 Table 4
S. 6A(4) applied (with modifications) (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 4 para. 4
S. 6A(5)(d) omitted (E.W.) (24.8.2024) by virtue of Senedd Cymru (Members and Elections) Act 2024 (asc 4), ss. 10(10)(d), 25(2)(b) (with s. 24(1))
S. 6A applied (with modifications) (E.) (9.2.2012) by The Local Authorities (Conduct of Referendums)(England) Regulations 2012 (S.I. 2012/323), reg. 1, Sch. 4 para. 1 Table 4
S. 6A(5)(da) inserted (25.4.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 10 para. 10; S.I. 2012/1129, art. 2(g)
S. 6A(5)(ea) inserted (S.) (29.6.2011) by Local Electoral Administration (Scotland) Act 2011 (asp 10), ss. 11(1), 21(1); S.S.I. 2011/277, art. 2(b)
S. 6A(1)(c) inserted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 6 para. 3(4); S.I. 2016/290, reg. 2
S. 6A modified (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 2 para. 1
S. 6A applied (with modifications) by S.I. 2012/2031, reg. 17, Sch. 8 Table 3 (as inserted (6.4.2013) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2013 (S.I. 2013/798), regs. 1, 7, Sch. 3)