Annex 2: Legal basis for providing the
training
Section 10 of the Political Parties, Election
and Referendums Act 2000 sets out the basis for the Electoral
Commission to provide advice and assistance to any relevant body:
1. The Commission may, at the request of any
relevant body, provide the body with advice and assistance as
requests any matter in which the Commission have skill and experience.
2. The assistance which may be so provided, includes
(in particular) the secondment of members of the Commission's
staff.
3. The Commission may also
a) Provide advice and assistance to
i) registration officers,
ii) returning officers at relevant elections,
iii) registered parties,
iv) recognised third parties within the meaning
of Part VI, and
v) permitted participants within the meaning
of Part VII:
b) provide advice and assistance to other persons
which is incidental to, or otherwise connected with, this discharge
by the Commission of their functions.
4. The Commission
a) may make charges for advice or assistance
provided by them under subsection (1); but
b) may not make charges for advices and assistance
provided under subsection (3).
5. Nothing in the section authorises the Commission
to provide any form of financial assistance.
6. In this section "relevant body"
means
a) the Scottish Parliament;
b) the Scottish Executive;
c) the National Assembly for Wales;
d) the Northern Ireland Assembly;
e) the Executive Committee of the Northern Ireland
Assembly;
f) any of the following local authorities
i) in England, the council of a county, district
or London Borough,
ii) in Wales, the council of a county or county
borough, and
iii) in Scotland, a council constituted under
section 2 of the Local Government etc. (Scotland) Act 1994;
g) a national or regional parliament or government
in a country other than the United Kingdom;
h) a body in any such other country having functions
corresponding to any of the functions of the Commission;
i) an organisation of which two or more countries
(or their governments) are members or a subordinate body of such
an organisation.
7. In this section "relevant elections"
means any election falling within section 22(5) other than a local
government election in Scotland.
8. The Scottish ministers may by order provide
that subsection (7) shall have effect as if the words "other
than a local government in Scotland" were omitted.
9. Section 156(5) shall apply to an order made
by the Scottish Ministers under subsection (8) as it applies to
an order made by the Secretary of State under this Act and the
reference in that section to enactments shall include a reference
to any enactment comprised in or in an instrument made under an
Act of the Scottish Parliament.
10. The power of the Scottish Ministers to make
an order under this section shall be exercisable by statutory
instrument subject to annulment in pursuance of a resolution of
the Scottish Parliament.
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