Electoral Act, 1963
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Returning officers and assistant, deputy and acting returning officers. |
11.—(1) The returning officer for a constituency shall be— | |
(a) in case the whole of the constituency is situate in a county or county borough for which there is a sheriff—the sheriff, | ||
(b) in case part of the constituency is situate in a county borough and part in a county and there is a sheriff for the county borough and a sheriff for the county—such one of the sheriffs as the Minister appoints from time to time, | ||
(c) in any other case—the county registrar or, where part of the constituency has one county registrar and part another county registrar or parts other county registrars, such one of the county registrars as the Minister appoints from time to time. | ||
(2) (a) Where a constituency does not consist of the whole or part of a county or county borough, the returning officer may appoint the appropriate officer to be assistant returning officer for part of the constituency. | ||
(b) The exercise of the power conferred by the foregoing paragraph shall be obligatory if the appropriate officer requires its exercise. | ||
(c) In this subsection the “appropriate officer” means the county registrar for the county or county borough in which the part of the constituency is situate or if there is a sheriff for that county or county borough, such sheriff. | ||
(3) Where the same person is returning officer for two or more constituencies, in each of which there is at the same time a contested election, he shall— | ||
(a) in case those constituencies are two and not more, appoint in respect of one of them, a deputy returning officer to open the ballot boxes and count the votes, | ||
(b) in any other case, appoint, in respect of each of the constituencies (except one), a deputy returning officer to open the ballot boxes and count the votes, | ||
and he may include in any such appointment, if he so thinks proper, an appointment to receive nomination papers. | ||
(4) A person shall not be appointed under subsection (3) of this section unless the appointment has been approved of by the Minister. | ||
(5) Where a vacancy occurs in the office of county registrar or sheriff and the holder was a returning officer, the Minister, if he so thinks proper, may appoint a person to act as returning officer during the period of the vacancy. | ||
(6) Where the returning officer is prevented by illness or other reasonable cause from performing all or any of his duties, the Minister shall appoint a person to act as returning officer for the performance of those duties during the period of the prevention. | ||
(7) An assistant returning officer shall perform, in the part of the constituency for which he was appointed, such of the duties of the returning officer for the constituency as that officer is not required by law to perform in person but if any doubt arises as to the duties of an assistant returning officer, the doubt shall be determined by the Minister. | ||
(8) Any reference in this section to a county shall be construed as a reference to an administrative county. | ||
(9) References in the Electoral Acts, 1923 to 1963, to returning officers shall, where appropriate, include references to assistant, deputy and acting returning officers. | ||
(10) An appointment which was in operation immediately before the commencement of this section under paragraph (b) or paragraph (c) of subsection (1) of section 7 of the Electoral (Amendment) Act, 1961, (repealed by this Act) shall be deemed to be an appointment under paragraph (b) or paragraph (c) (as may be appropriate) of subsection (1) of this section. |