Observers
Section 20 – Attendance of Electoral Commission at proceedings and observation of working practices
314.Section 20 deals with Electoral Commission observers (anyone who is a member of the Commission, or a member of staff, or is appointed by the Commission for the purposes of this section) and gives them a right to attend any proceedings (for example, despatch and receipt of postal ballot packs; voting at polling stations; and the count) which are the responsibility of the CCO or a counting officer, or to observe any of their work carried out under this Act.
Section 21 – Accredited observers: individuals
315.Section 21 allows anyone aged 16 or over to apply to the Commission to be accredited as an observer, which permits them to be present at the issue or receipt of postal ballot papers, proceedings at the poll, or at the count. Accredited observers are subject to all rules contained in this Act regarding their attendance at these proceedings. The application should be made in the form specified by the Commission and, if granted, may be revoked at any time by them. The Commission must give a decision in writing and with reasons for the refusal of an application or for revocation of an accreditation.
Section 22 – Accredited observers: organisations
316.Section 22 provides for organisations to apply to be accredited to allow them to nominate observers, who may attend the proceedings described in the previous paragraph on their behalf. Any observers so nominated must be members of the organisation and the Commission may specify a limit to the number of nominees. Accredited observers from organisations are subject to all rules contained in this Act regarding their attendance at these proceedings. The application should be made in the form specified by the Commission and, if granted, may be revoked at any time by them. The Commission must give a decision in writing and with reasons for the refusal of an application or for revocation of an accreditation.
Section 23 – Attendance and conduct of accredited observers
317.Section 23 allows a CCO, counting officer, or any person authorised by them, to limit the number of people appointed under sections 21 and 22 attending any proceedings at the referendum, other than proceedings at a polling station, or to cancel the entitlement to attend in case of misconduct. The presiding officer, or any other person authorised by them, has the same power in relation to proceedings at a polling station.
Section 24 – Code of practice on attendance of observers
318.Section 24 applies section 6G of the Political Parties, Elections and Referendums Act 2000, and the code of practice on the attendance of observers at local government elections in Scotland prepared under that section, to observers at a referendum to which this Act applies. Section 6G of the 2000 Act is applied with the amendments listed in paragraphs (a) to (g) of section 24, which will enable it to operate in the context of this Act.