Local Electoral Act 2001

Preliminary provisions - Officials

14: Rules applying to electoral officers, deputy electoral officers, and other electoral officials

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"Rules for People Helping with Elections"

Illustration for Local Electoral Act 2001

You are an electoral officer, deputy electoral officer, or other electoral official. You do not have to follow directions from any local authority, local board, or community board when you exercise powers or carry out duties under this Act. You must make a declaration with the prescribed details before you can exercise any powers or carry out any duties under this Act. This declaration is current until a certain date, which depends on when you made the declaration and when the next triennial general election is held.

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Part 1Preliminary provisions
Officials

14Rules applying to electoral officers, deputy electoral officers, and other electoral officials

  1. An electoral officer, deputy electoral officer, or other electoral official is not subject to the directions of any local authority, local board, or community board in the exercise of powers or the carrying out of duties under this Act or regulations made under this Act.

  2. An electoral officer, deputy electoral officer, or other electoral official must not exercise any powers or carry out any duties under this Act or any regulations made under this Act unless he or she has made a declaration containing the prescribed details and the declaration is current.

  3. For the purposes of subsection (2), a declaration is current until,—

  4. in the case of a declaration made on or after 1 February in the year in which a triennial general election is to be held, the close of 31 January in the third year after the year in which the declaration is made:
    1. in the case of a declaration made at any other time, the close of 31 January in the year in which the next triennial general election is to be held.
      1. A person must not be appointed or act as electoral officer, deputy electoral officer, or other electoral official if that person is—

      2. a candidate in any election to be conducted; or
        1. a member of any local authority, local board, or community board for whom an election or poll is to be conducted.
          1. The chief executive of a local authority (however described) must not be appointed or act as an electoral officer, deputy electoral officer, or other electoral official, unless the local authority concerned is satisfied that no other course of action is reasonably practicable in the circumstances.

          2. Subsection (1) is subject to section 8(1) and section 9(1).

          Notes
          • Section 14(1): amended, on , by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
          • Section 14(4)(b): amended, on , by section 76 of the Local Government Act 2002 Amendment Act 2014 (2014 No 55).
          • Section 14(5): amended, on , by section 5 of the Local Electoral Amendment Act 2002 (2002 No 85).