Elections Act 2022

54 Guidance

(1) The Commission must prepare guidance about—

(a) the operation of this Part, and

(b) the exercise of functions by the Commission or a constable in relation to a breach or suspected breach of this Part.

(2) The Commission or a constable must have regard to guidance issued under this section in exercising those functions.

(3) Once the Commission has prepared draft guidance under this section, it must submit it to the Secretary of State for approval by the Secretary of State.

(4) The Secretary of State may approve draft guidance either without modifications or with such modifications as the Secretary of State may determine.

(5) Once the Secretary of State has approved draft guidance, the Secretary of State must lay before each House of Parliament a copy of the draft, whether—

(a) in its original form, or

(b) in a form which incorporates any modifications determined under subsection (4).

(6) If the draft guidance incorporates any such modifications, the Secretary of State must at the same time lay before each House a statement of the Secretary of State’s reasons for making them.

(7) If, within the 40-day period, either House resolves not to approve the draft guidance, the Secretary of State must take no further steps in relation to the draft guidance.

(8) Subsection (7) does not prevent new draft guidance from being laid before Parliament.

(9) If no resolution of the kind mentioned in subsection (7) is made within the 40-day period—

(a) the Secretary of State must issue the guidance in the form of the draft laid before Parliament,

(b) the Commission must arrange for the guidance to be published in such manner as it considers appropriate, and

(c) the guidance comes into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.

(10) The Commission—

(a) may from time to time revise guidance under this section, and

(b) must revise guidance under this section if directed to do so by the Secretary of State.

(11) References in this section (other than in subsection (1)) to guidance or draft guidance include revised guidance or draft revised guidance.

(12) In this section “the 40-day period”, in relation to draft guidance, means—

(a) if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and

(b) in any other case, the period of 40 days beginning with the day on which the draft is laid before each House,

no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.