Textual Amendments
F1Pt. 2A inserted (1.1.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 1(2), 72(4); S.I. 2024/1337, art. 2(a)
(1)The Commission must establish a board to be known as the Electoral Management Board (“the Board”).
(2)The functions of the Commission under the provisions specified in subsection (3) are delegated to the Board and must only be exercised by the Board.
(3)The provisions are—
(a)sections 20A to 20D;
(b)chapter 3 of Part 1 of the Elections and Elected Bodies (Wales) Act 2024 (Welsh elections piloting and reform);
(c)provision specified in regulations made by the Welsh Ministers.
(4)The powers in section 12 may be exercised by the Board or the Commission in relation to the functions delegated by subsection (2).
(5)Subsection (2) does not affect the Commission’s responsibility for exercise of the delegated functions.
(1)The Board is to consist of—
(a)a member of the Commission to chair the Board who is a former elections officer,
(b)one other member of the Commission, and
(c)members who are elections officers or former elections officers (one of whom is to be the deputy chair of the Board).
(2)The members of the Board are to be appointed by the Commission.
(3)The Commission must appoint at least four members to the Board of the kind described in subsection (1)(c).
(4)The chair is to be chosen by the Commission and the deputy chair is to be chosen by the Board.
(5)Members of the Board who are also members of the Commission are to be appointed on terms and conditions determined by the Welsh Ministers.
(6)The other members of the Board are to be appointed on terms and conditions determined by the Commission after consultation with the Welsh Ministers.
(7)The terms and conditions that may be determined under subsections (5) and (6) include conditions as to remuneration, allowances and expenses.
(8)A person appointed under subsection (1)(c) must not be—
(a)a member of a UK legislature;
(b)a member of the staff of the Senedd (within the meaning of the Government of Wales Act 2006 (c. 32));
(c)a person engaged by a member of a UK legislature, under a contract of service or a contract for services, in connection with the carrying out of the member’s functions;
(d)a member of a local authority;
(e)a member of a National Park authority for a National Park in Wales;
(f)a police and crime commissioner for a police area in Wales;
(g)a Commissioner or Assistant Commissioner;
(h)a member of the Commission’s staff;
(i)a person employed in the civil service of the state.
(9)In this section “elections officer” means—
(a)a returning officer, or
(b)an electoral registration officer.
Members of the Board hold and vacate office in accordance with their terms and conditions of appointment.
(1)The members of the Board must have votes of equal weight to each other for the purpose of the Board’s decisions, but the chair (or deputy chair if the chair is absent) has the casting vote in the event of a tied vote.
(2)The Board may otherwise regulate its own procedure (including quorum).
(3)The validity of anything done by the Board in exercise of the Commission’s functions is not affected by any defect in the appointment of a member.
(4)The chair or deputy chair may (with the agreement of the other members of the Board) invite a person to attend a meeting of the Board for the purpose of providing advice or otherwise assisting the Board.]