296How elections are to be administered

#### 296 How elections are to be administered 296 How elections are to be administered > > (1) Elections for the purposes of this Chapter are to be administered by an electoral services provider engaged by the council concerned, except as provided by this section. > > > > Note. > > > > Section 18 provides that certain provisions of this Act (relating to the conduct of elections) apply to council polls and constitutional referendums, with such modifications as may be necessary, in the same way as they apply to elections. > > > (2) A council can enter into an arrangement (an election arrangement) with the Electoral Commissioner, by contract or otherwise, for the Electoral Commissioner to administer elections of the council as provided by this section. If such an arrangement is entered into, the Electoral Commissioner is to administer elections of the council in accordance with the arrangement. > > > (3) An election arrangement for the Electoral Commissioner to administer all elections of a council can be entered into if— > > > > > (a) the council resolves at least 18 months before the next ordinary election of councillors that such an arrangement is to be entered into, and > > > > > (b) the arrangement is entered into no later than 15 months before the next ordinary election of councillors. > > > (4) An election arrangement for the Electoral Commissioner to administer a particular election of a council (other than an ordinary election of councillors) can be entered into at any time if the council has resolved that an election arrangement for the election is to be entered into. > > > (5) An election arrangement for the Electoral Commissioner to administer an ordinary election of councillors can be entered into less than 15 months before the election if— > > > > > (a) the council has resolved that an election arrangement for the election is to be entered into, and > > > > > (b) the Electoral Commissioner is satisfied that there are exceptional circumstances that make it necessary or desirable for the election to be administered by the Electoral Commissioner. > > > (5A) Without limiting subsection (5), an election arrangement for the Electoral Commissioner to administer all elections of a council that is to include the ordinary election of councillors in 2020, or to administer that particular election, may be entered into if— > > > > > (a) the council resolves on or before 1 October 2019 that an arrangement is to be entered into, and > > > > > (b) the arrangement is entered into on or before 1 January 2020. > > > (6) An election arrangement for the Electoral Commissioner to administer all elections of a council can be terminated by the council or the Electoral Commissioner at any time after the next ordinary election of councillors (by giving written notice of termination). If the arrangement is not terminated by either party after an ordinary election of councillors, the arrangement is automatically terminated 18 months before the next ordinary election of councillors. > > > (7) The Electoral Commissioner is to administer the first election for an area after its constitution. Expenses incurred by the Electoral Commissioner (including the remuneration of election officials) in connection with such an election are to be met by the council and are recoverable from the council as a debt owed to the Electoral Commissioner. > > > (8) This section does not apply to an election of the mayor or a deputy mayor by councillors. > > **s 296:** Subst 2011 No 24, Sch 1 \[9\]; 2013 No 43, Sch 1 \[1\]. Am 2019 No 6, Sch 1 \[6\] \[9\].