Commentary on Sections Observation of elections etc. Section 29 Observation of proceedings at elections and referendums
179.This section amends the Political Parties, Elections and Referendums Act 2000 (“the 2000 Act”):
	to confer on representatives of the Electoral Commission the right to attend electoral or referendum proceedings so that they can observe and subsequently report on them;
	to confer on representatives of the Electoral Commission the right to observe the working practices of electoral registration officers, returning officers and counting officers;
	to provide for other observers, whether individuals or organisations, to be accredited by the Electoral Commission so that they or their members can attend and observe certain proceedings at an election or a referendum; and
	to provide for the Electoral Commission to produce a code of practice to regulate the attendance of all observers at such proceedings.
180.This section inserts six new sections into the 2000 Act after section 6.
181.New section 6A (Attendance of representatives of Commission at elections etc.) provides for representatives of the Electoral Commission to attend any proceedings which fall within the responsibilities of a returning officer at an election or a counting officer at a referendum. The right to attend is subject to any enactment that already exists under electoral law, which regulates attendance at proceedings. It also specifies who can be regarded as a representative of the Electoral Commission for these purposes as well as defining the term “counting officer” and identifying the elections and referendums to which this section applies.
182.New section 6B (Observation of working practices by representatives of Commission) provides for representatives of the Electoral Commission to observe the working practices of an electoral registration officer, a returning officer, a counting officer or of any person acting under the direction of such persons.
183.New section 6C (Accredited observers: individuals) provides for anyone over the age of 16 to apply to the Electoral Commission to be accredited as an observer at elections or referendums. It further specifies the proceedings to which such accredited persons can have access. These are:
	the issue and receipt of postal votes;
	the poll; and
	the count.
184.It also provides for the Electoral Commission to refuse or revoke accreditation and requires them to give reasons in writing for doing so. It specifies that all applications must be made in accordance with a code of practice (considered in the discussion of section 6F below).
185.New section 6D (Accredited observers: organisations) provides for organisations to apply to the Electoral Commission to be accredited for the purpose of nominating members of that organisation to attend those same proceedings which an individual accredited observer may attend. The Electoral Commission can put a limit on the number of observers who apply to attend a specific proceeding at an election, as listed under 6D(1). It again provides that the Electoral Commission may refuse or revoke accreditation and must give written reasons for doing so. Again it specifies that all applications must be made in accordance with the code of practice.
186.New section 6E (Attendance and conduct of observers) enables relevant electoral officers to regulate the number of accredited observers who can attend an election proceeding at any one time. If an accredited observer misconducts himself while in attendance at an election proceeding, the relevant officer has the power cancel that observer’s entitlement to be present at that proceeding. This section states that a relevant officer still retains any existing powers he has to remove a person from election proceedings. For the purposes of this section, relevant officer means a returning officer, presiding officer, relevant counting officer or any person authorised by them for the purposes of election proceedings.
187.New section 6F (Code of practice on attendance of observers at elections etc.) requires the Electoral Commission to prepare and publish a code of practice to regulate the processes involved in applying for accreditation and to give guidance on the powers and behaviour of relevant electoral officers and observers while attending election proceedings. It specifies what particulars must be included in the code, and requires that the Electoral Commission should consult the Secretary of State before preparing it. It also requires the Electoral Commission to lay the code before each House of Parliament and specifies that the Electoral Commission and its representatives, as well as returning officers and counting officers, must have regard to the code. It allows the Electoral Commission to revise the code at any time, following the same procedure for preparing the code.
188.Contained in Part 5 of Schedule 1 to the Act are the necessary consequential amendments to the 1983 Act to allow the Electoral Commission and other observers access to various electoral proceedings. Paragraph 84 amends rule 32 of Schedule 1 to the 1983 Act (the Parliamentary Elections Rules), which specifies who may attend at a polling station. This will now include observers, but will also include those under voting age who may accompany voters to the polling station and observe the democratic process at first hand. The presiding officer’s power to regulate the total number of voters to be admitted to the polling station at the same time is extended to include those persons under the age of 18 who accompany them.