Part I

The Electoral Commission

Commission’s general functions

Code of practice on attendance of observers at elections etc.
6F
1
The Commission must prepare a code of practice on the attendance of—
a
representatives of the Commission,
b
accredited observers, and
c
nominated members of accredited organisations,
at elections specified in subsection (5) of section 6A
, other than those specified in subsection (2) of section 6G,
(other than
a Scottish Parliamentary general election, an election under section 9 of the Scotland Act 1998 (constituency vacancies) and
a local government election in Scotland)
and referendums to which Part 7 applies.
1A
The code must also cover the attendance of representatives of the Commission at proceedings relating to a recall petition which are the responsibility of the petition officer in relation to the petition.
2
The code must in particular—
a
specify the manner in which applications under sections 6C(1) and 6D(1) are to be made to the Commission;
b
specify the criteria to be taken into account by the Commission in determining such applications;
c
give guidance to relevant officers (within the meaning of section 6E) as to the exercise of the power conferred by subsection (1) of that section;
d
give guidance to such officers as to the exercise of the power mentioned in subsection (2) of that section as it relates to a person having the permission mentioned in subsection (1) of that section;
e
give guidance to such officers as to the exercise of any power under any enactment to control the number of persons present at any proceedings relating to an election or referendum as it relates to a person having such permission;
f
give guidance to representatives of the Commission, accredited observers and nominated members of accredited organisations on the exercise of the rights conferred by sections 6A, 6B, 6C and 6D.
3
The code may make different provision for different purposes.
4
Before preparing the code, the Commission must consult the Secretary of State.
5
The Commission must lay the code before each House of Parliament.
6
The Commission must publish the code (in such manner as the Commission may determine).
7
The following persons must have regard to the code in exercising any function conferred by section 6A, 6B, 6C, 6D or 6E—
a
the Commission;
b
representatives of the Commission;
c
relevant officers (within the meaning of section 6E);
d
relevant counting officers.
8
The Commission may at any time revise the code.
9
Subsections (4) to (7) apply in relation to a revision of the code as they apply in relation to the code.
10
In this section
and section 6G
—
a
“
accredited observer
” must be construed in accordance with section 6C;
b
“
accredited organisation
” must be construed in accordance with section 6D, and “
nominated member
” must be construed accordingly;
c
“
relevant counting officer
” must be construed in accordance with section 6A;
d
“
representative of the Commission
” has the same meaning as in section 6A.
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)
Words in s. 6F(1) inserted (E.W.) (1.10.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(3)(b), Sch. 2 para. 7(2); S.I. 2020/1052, art. 2(b)
Words in s. 6F(1) inserted (S.) (29.6.2011) by Local Electoral Administration (Scotland) Act 2011 (asp 10), ss. 11(5)(a), 21(1); S.S.I. 2011/277, art. 2(b)
S. 6F(1A) inserted (4.3.2016) by Recall of MPs Act 2015 (c. 25), s. 24(3), Sch. 6 para. 3(5); S.I. 2016/290, reg. 2
Words in s. 6F(10) inserted (S.) (29.6.2011) by Local Electoral Administration (Scotland) Act 2011 (asp 10), ss. 11(5)(b), 21(1); S.S.I. 2011/277, art. 2(b); and (E.W.) (1.10.2020) by Senedd and Elections (Wales) Act 2020 (anaw 1), s. 42(3)(b), Sch. 2 para. 7(3); S.I. 2020/1052, art. 2(b)
Words in s. 6F(1) inserted (S.) (1.10.2020) by Scottish Elections (Reform) Act 2020 (asp 12), ss. 11(5), 35; S.S.I. 2020/278, reg. 2, sch.