Electoral Law Act (Northern Ireland) 1962

PART IV N.I. OFFICERS

F1 [14 Appointment of Chief Electoral Officer. N.I.

(1) There shall be appointed a Chief Electoral Officer for Northern Ireland (in this Act referred to as the Chief Electoral Officer) who shall carry out the functions conferred on him by or under this Act and by or under any other statutory provision for the time being in force.

(2) The Chief Electoral Officer shall be appointed[F2 in accordance with section 8 of the Northern Ireland (Miscellaneous Provisions) Act 2006]

Subs.(3) rep. by 1975 c.25

(4) Without prejudice to the generality of subsection (1), the Chief Electoral Officer shall be responsible for—

(a) the administration and implementation of the provisions of the Electoral Law Acts (Northern Ireland) 1962 to 1971 and the Electoral Law (Northern Ireland) Order 1972 [1972 NI 13] ;

Para. (b) rep. by 1989 c. 3

(c) the conduct of all elections to the [F3 Assembly] and to district councils;

(d) the preparation of polling station schemes, the maintenance of election equipment and generally all administrative matters preliminary to or consequent on an election;

F4 . . .

(5) F5 Any acts required or authorised to be done by or with respect to the Chief Electoral Officer may, in the event of his absence from Northern Ireland or his incapacity to act or of a vacancy, be done by or with respect to a person temporarily appointed for the purpose by the Governor… F6

(6) There shall be paid to the Chief Electoral Officer and to a person appointed under subsection (5) such remuneration and to or in respect of the service of a person who has been a Chief Electoral Officer such pension, allowances and gratuities by way of superannuation as may be determined by [F3 the Secretary of State with the consent of the Minister for the Civil Service].

(7) The remuneration payable to a holder of the office of Chief Electoral Officer shall be abated by the amount of any pension payable to him in respect of any public office in the United Kingdom or elsewhere to which he had previously been appointed or elected; but any such abatement shall be disregarded in computing that remuneration for the purposes of any pension, allowances or gratuities by way of superannuation payable pursuant to…F6 subsection (6).

(8) Any remuneration and any pension, allowances and gratuities by way of superannuation payable under subsection (6) shall be charged on and issued out of the Consolidated Fund [F7 of the United Kingdom.]]

F1 1972 NI 13

F2 Words in s. 14(2) substituted (16.10.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 30(1), 31(3), Sch. 4 para. 9(a); S.I. 2006/2688, art. 2(1)(2)(e)

F3 SI 1973/2163

F4 Words in s. 14(4) repealed (16.10.2006) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 30(1)(2), 31(3), Sch. 4 para. 9(b), Sch. 5; S.I. 2006/2688, art. 2(1)(2)(e)

F5 App. (European Assembly), SI 1979/322

F6 SI 1973/2163

F7 SI 1973/2163

F8 [14A Appointment of persons to assist Chief Electoral Officer. N.I.

(1) F9 The Chief Electoral Officer, with the approval of the Ministry of FinanceF10 as to numbers and conditions of service, may appoint such persons, in additon to the persons specified in Article 9(2) of the Electoral Law (Northern Ireland) Order 1972 [1972 NI 13] , to assist him as may be agreed between him and the Ministry.

(2) Without in any way diminishing his responsibility and without prejudice to Rule 30 of Schedule 4 and[F11 rule 23 of the local elections rules], the Chief Electoral Officer may delegate any of his functions to persons appointed under subsection (1) or specified in Article 9(2) of the Electoral Law (Northern Ireland) Order 1972 and such persons may, under the supervision of the Chief Electoral Officer, perform those functions on behalf of the Chief Electoral Officer.

(3) It shall be a duty of an officer of a district council to perform such functions as the Chief Electoral Officer may, with the approval of the Ministry of DevelopmentF12 , appoint him to perform.

(4) There may be paid,F13 . . . , to persons appointed under subsection (1) such remuneration and to, or in respect of the service of, such persons such pensions, allowances and gratuities by way of superannuation and to or in respect of persons appointed under subsection (3) such sums as the Ministry, with the approval of the Ministry of FinanceF10 , may determine.]

F8 1972 NI 13

F9 App. (European Assembly), SI 1979/322

F10 Now Minister for Civil Service, SI 1973/2163

F11 SI 1985/454

F12 Now D/Env., SRO (NI) 1973/504; 1976 NI 6

F13 1989 c. 3

F14 [14B Travelling and subsistence allowances. N.I.

There may be paid,F15 . . . , to the Chief Electoral Officer[F15 and to persons appointed, or to whom functions are delegated, under section 14A travelling and subsistence allowances at such rates as the Secretary of State, with the approval of the Treasury, may determine].]

F14 1972 NI 13

F15 1989 c. 3

15 Duties of Chief Electoral Officer. N.I.

Subs. (1) rep. by 1989 c. 3

(2) It shall be the duty of [F16 the Chief Electoral Officer]…F17 to prepare in accordance with section sixty-five…F17 a scheme (in this Act referred to as a polling station scheme) providing for the location of a polling station or polling stations in each polling district (as defined in this Act)…

F17 Subs.(3) rep. by 1972 NI 13

Subs.(4) rep. by SLR 1980

F16 1972 NI 13

F17 1972 NI 13

Ss.16—20 rep. by 1972 NI 13

21 Expenses of registration. N.I.

• Subs.(1) rep. by 1972 NI 13

• Subs.(2) rep. by SLR 1980

• Subs.(3) rep. by 1972 NI 13

• Subs.(4) rep. by 1971 c.4 (NI);1972 NI 13

• Subs. (5), (6) rep. by 1989 c. 3

• Subs.(7) rep. by 1971 c.4 (NI)

(8) [F18 The Chief Electoral Officer] shall furnish to the Ministry in such form and at such time as may be required by the Ministry an account of all expenses incurred by him in connection with a register.

Subs. (9), (10) rep. by 1989 c. 3

F18 1972 NI 13

22 Remuneration and expenses of returning officer at parliamentary election. N.I.

(1) …F19 Save [F20 as otherwise provided in this Act] an electoral officer or other person performing the functions of returning officer at a parliamentary election in any constituency…F21 shall not give, pay, demand, take or accept any fee, reward or gratutity whatsoever for or in relation to any of such functions.

(2) Any expenses properly incurred by an electoral officer as returning officer at a parliamentary election (in this Act referred to as election expenses ) shall…F19 be charged on and paid out of the Consolidated Fund.

(3) The Ministry may on the request of [F20 the Chief Electoral Officer or a person to whom the duties of returning officer at a parliamentary election are delegated] for an advance on account of his election expenses make such an advance on such terms as it thinks fit.

(4) The Ministry with the concurrence of the Ministry of FinanceF22 shall prescribe a scale of election expenses; and the time at which and the manner and form in which accounts of and claims for the payment of election expenses are to be submitted to the Ministry shall be such as the Ministry shall direct.

F19 1972 NI 13

F20 1972 NI 13

F21 SLR 1980

F22 Now Treasury, SI 1973/2163

23 Remuneration and expenses of Chief Electoral Officer and other persons at local election. N.I.

• [F23 (1) The expenses of the Chief Electoral Officer as returning officer at a local election, the expenses and remuneration of a deputy returning officer at such an election and the remuneration payable to persons employed in connection with such an election shall not exceed the amounts provided by a scale framed by the Ministry and approved by the Ministry of FinanceF24 .]

• Subs.(2) rep. by 1972 NI 13

(3) All expenses properly incurred in relation to the holding of a local election [F25 held on or after [F26 1st October 1973]] shall be paid by the local authority concerned, [F23 and all expenses properly incurred in relation to the holding of an election to a district council prior to [F26 1st October 1973] shall be paid out of moneys hereafter appropriated for the purpose of meeting such expenses and shall at such time after [F26 1st October 1973] as the Ministry may determine be repaid by the council to the Exchequer to such extent (if any) as the Ministry with the approval of the Ministry of FinanceF27 determines].

(4) On the request of a returning officer for an advance on account of his election expenses at a local election, the local authority by which such expenses are to be paid may make such an advance on such terms as it thinks fit.

Subs.(5) rep. by 1972 NI 13

(6) All costs properly incurred by a returning officer in the institution of legal proceedings arising out of a local election shall be deemed to form part of the expenses properly incurred by him in relation to the holding of the election.

(7) Within[F28 six months] from the declaration of the result of an election to any local authority the returning officer shall submit to that local authority a detailed account of the expenses incurred by him in the conduct of that election supported by vouchers for the payments set out therein; and no sum which is not so supported may lawfully be paid out of any rate or fund adminstered by that local authority.

F23 1972 NI 13

F24 Now Minister for Civil Service, SI 1973/2163

F25 1972 NI 13

F26 1972 NI 21

F27 Now Treasury, SI 1973/2163

F28 SI 1985/454

24 Claims against, and taxation of expenses of, returning officer. N.I.

(1) Every person having a claim against a returning officer for any debt incurred by or on behalf of the returning officer for the purposes of an election shall, within twenty-one days after the day on which in the case of a parliamentary election the return is made of a person or persons elected at the election, or in the case of a local election public notice is given of the result of the election, send to the returning officer detailed particulars in writing of such claim and the returning officer shall not be liable in respect of anything which is not duly stated in such particulars.[F29 In the case of a local election, this subsection shall have effect as if, for the period of twenty‐one days referred to above, there were substituted a period of forty‐two days]

(2) There shall be added to every notice of election published under the provisions of this Act, a notification setting out the relevant provisons of subsection (1).

(3) The Ministry or the local authority by which the expenses are payable may if it thinks fit apply to the county court for the taxation of any account and claim submitted respectively under subsection (4) of section twenty-two or subsection (7) of section twenty-three; and that court may tax such account and claim in such manner and at such time and place as it thinks fit and may finally determine the amount payable on foot thereof. The county court for the purpose of this section shall be the court having jurisdiction in the place of nomination for the election to which the account relates.

(4) Where an application is made under subsection (3) the returning officer may apply to the court for the examination of any claim against him by any person in respect of any matter charged in the account in question; and after the claimant has been given due notice and has had an opportunity of tendering evidence in support of his claim, the court may allow, disallow or reduce the claim, whether with or without costs; and the determination of the court shall be final and conclusive.

F29 SI 1985/454

25 Remuneration retainable by officers. N.I.

(1) Any remuneration paid to [F30 a person appointed under section 14A or to a deputy returning officer at a local election] may, subject to any term to the contrary in any contract to which he is a party, be retained by him for his own benefit.

Subs.(2)(3) rep. by 1972 NI 13

F30 1972 NI 13

S.26 rep. by 1972 NI 13

27 Mutual assistance by officers, etc. N.I.

It shall be the duty of every officer upon whom any functions are conferred by or under this Act, and of every officer or person appointed or employed (otherwise than by any candidate) for any of the purposes of this Act, to furnish such information and render such other assistance to any other such officer or person as that other officer or person properly requires for the purposes of this Act.