Part 3Electoral officers

Part 3—Electoral officers 10—Returning officer and deputy returning officer (1) The Electoral Commissioner will be the returning officer for each area. (2) The Electoral Commissioner may appoint one or more deputy returning officers for an area. (4) No member of a council is eligible for appointment as a deputy returning officer for that council and no deputy returning officer for a council is eligible to stand for election as a member of that council. (5) The returning officer will be taken to have delegated to a deputy returning officer all of the returning officer's powers and functions under this Act in respect of the area for which the deputy returning officer has been appointed. (6) A delegation under subsection (5)— (a) is subject to the condition that the deputy returning officer will act in accordance with the directions of the returning officer, and to other conditions and limitations determined by the returning officer; and (b) subject to a direction of the returning officer—may be the subject of one or more subdelegations; and (c) does not prevent the returning officer from acting in a matter. (7) The Electoral Commissioner may establish or specify courses of training to be undertaken by persons nominated or appointed as deputy returning officers under this section. (8) The Electoral Commissioner may remove a person from the position of deputy returning officer for any reasonable cause. 11—Appointment of other electoral officers (1) The returning officer may engage electoral officers to assist in the conduct of an election or poll. (2) A deputy returning officer may, with the approval of the returning officer, engage electoral officers to assist in the conduct of an election or poll. (3) No member of a council, or candidate for election as a member of a council, may be engaged as an electoral officer for that council. (4) The returning officer or a deputy returning officer may, by instrument in writing, delegate to an electoral officer powers or functions under this Act. (5) A delegation under subsection (4)— (a) is subject to conditions and limitations specified in the instrument of delegation; and (b) does not prevent the returning officer or a deputy returning officer from acting in a matter; and (c) is revocable at will. (6) In any legal proceedings, an apparently genuine document purporting to be a certificate signed by the returning officer or a deputy returning officer containing particulars of a delegation under this section will, in the absence of proof to the contrary, be accepted as proof of those particulars. 12—Responsibilities of returning officer and councils For the purposes of this Act (but subject to any appointments under this Part and the operation of the Local Government Act 1999)— (a) the returning officer is responsible for the conduct of elections and polls; and (b) a council is responsible for the provision of information, education and publicity designed to promote public participation in the electoral processes for its area, to inform potential voters about the candidates who are standing for election in its area, and to advise its local community about the outcome of elections and polls conducted in its area. 13—Costs and expenses All costs and expenses incurred by the returning officer in carrying out official duties must be defrayed from funds of the council. 13A—Information, education and publicity for general election (1) The returning officer may, after consultation with the LGA conducted in such manner as the returning officer thinks fit, arrange advertising (the costs of which are recoverable from councils in accordance with a scheme determined by the returning officer) for the purposes of— (a) informing electors on access to information relating to candidates; and (b) encouraging voting at elections; and (c) informing electors about postal voting and the method of voting; and (d) advising potential electors (other than those referred to in section 14(1)(a)) of the requirement to apply to be enrolled on the voters roll. (2) Each council— (a) must, in a year in which a periodic election is to be held, during the period commencing on 1 January of that year and ending on the day fixed by the returning officer for the close of the roll, inform potential electors in its area (other than those referred to in section 14(1)(a)) of the requirement to apply to be enrolled on the voters roll in accordance with the community engagement charter; and (b) may arrange advertising relating to any matters referred to in subsection (1). community engagement charter—see Local Government Act 1999 (section 4(1)).