Part I The Electoral Commission

Commission’s general functions

9AF1Setting of performance standards

1

The Commission may from time to time—

a

determine standards of performance for relevant officers F9mentioned in subsection (2), and

b

publish, in such form and in such manner as they consider appropriate, the standards so determined.

2

The standards of performance are such standards as the Commission think ought to be achieved by—

a

electoral registration officers in the performance of their functions;

b

returning officers in the administration of the elections specified in subsection (6);

c

counting officers in the administration of the referendums specified in subsection (7).

3

Before determining standards under subsection (1), the Commission must consult—

a

the Secretary of State, and

b

any other person they think appropriate.

4

The Commission may determine different standards for different descriptions of relevant officers.

5

When the Commission publish standards under subsection (1) they must send a copy of the published standards to the Secretary of State who must lay a copy of the published standards before each House of Parliament.

F125A

In relation to electoral registration officers for areas in Wales, the reference to their functions in subsection (2)(a) is a reference to their functions in relation to registers of parliamentary electors.

F115A

But subsections (3) and (5) do not apply in relation to standards relating to—

a

Scottish Parliamentary general elections,

b

elections held under section 9 of the Scotland Act 1998 (constituency vacancies), or

c

local government elections in Scotland.

6

The elections specified in this subsection are—

a

an election mentioned in section 5(2) F7other than one mentioned in paragraph (d) of that subsection;

b

a parliamentary by-election;

c

an election under section 9 of the Scotland Act 1998 (constituency vacancies);

F3d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4da

an election under section 51 of the Police Reform and Social Responsibility Act 2011 (election to fill vacancy in office of police and crime commissioner);

e

a local government election in England F13....

F5f

a local government election in Scotland.

7

The referendums specified in this subsection are—

a

a referendum to which Part 7 applies;

b

F6a referendum under Part 2 of the Local Government Act 2000.

8

For the purposes of this section and sections F89AA, 9B and 9C, the relevant officers are—

a

electoral registration officers;

b

in relation to elections within subsection (6) F10or section 9AA(6) , returning officers;

c

in relation to referendums within subsection (7) F2 or section 9AA(7), counting officers.