Explanatory Notes

Political Parties, Elections and Referendums Act 2000

2000 CHAPTER 41

30th November 2000

Commentary on Sections

Part 1: The Electoral Commission

Commission’s general functions

Section 7 : Commission to be consulted on changes to electoral law

47.Section 7 identifies a number of instrument-making powers under existing electoral law which are now to be exercised by the Secretary of State only after consulting the Electoral Commission. These powers are generally concerned with the administration of elections – for example, powers to designate returning officers for elections and to specify arrangements for the conduct of local government elections and elections to the devolved legislatures. The extant instruments made under the statutory provisions listed in subsection (2) are:

a)

The European Parliamentary Elections Regulations 1999 (SI 1999/1214);

b)

The European Parliamentary Elections (Returning Officers) Order 1999 (SI 1999/948);

c)

The Returning Officers (Parliamentary Constituencies) (England) Order 1995 (SI 1995/2061, as amended), the Returning Officers (Parliamentary Constituencies) (Wales) Order 1996 (SI 1996/897) and the Returning Officers (Parliamentary Constituencies) (Scotland) (No.2) Order 1996;

d)

The Local Elections (Principal Areas) Rules 1986 (SI 1986/2214, as amended); the Local Elections (Parishes and Communities) Rules 1986 (SI 1986/2215, as amended); and the Parish and Community Meetings (Polls) Rules 1987 (SI 1987/1, as amended);

e)

The Representation of the People Regulations 1986 (SI 1986/1081, as amended), the Representation of the People (Scotland) Regulations 1986 (SI 1986/1111, as amended) and the Representation of the People (Northern Ireland) Regulations 1986 (SI 1986/1091, as amended);

f)

The National Assembly for Wales (Representation of the People) Order 1999 (SI 1999/450). No order has yet been made under section 36(4) or (5) of the Government of Wales Act 1998;

g)

The Scottish Parliament (Elections etc.) Order 1999 (SI 1999/787);

h)

No order has yet been made under section 34 of the Northern Ireland Act 1998.

i)

No order has yet been made under section 17A(3) of the Greater London Authority Act 1999.