Agenda item

Statutory Appointments: Returning Officer, Electoral Registration Officer and Deputy Electoral Registration Officer

1.     That Council approve the appointment of Shane Flynn, Corporate Director – Finance and Resources as Returning Officer and Electoral Registration and the appointment of Claire Chaplin, Democratic and Civic Services Manager, as Deputy Electoral Registration Officer, with the full powers of the Electoral Registration Officer with immediate effect, and Council agrees:

 

2.     that in the terms of the Representation of the People Act 1983 and all related legislation with immediate effect Shane Flynn be appointed as Electoral Registration Officer and Claire Chaplin be appointed as Deputy Registration Officer for the Council; and in terms of Section 41 of the Local Government Act 1972 and all related legislation with immediate effect Shane Flynn be appointed as Returning Officer for the Council with authority to act in that capacity for elections to the Council and all or any Parish and Town Councils within the Council area;

 

3.     that the Returning Officer and Electoral Registration Officer for the Council be also appointed or authorised to act in respect of all related elector, poll or referendum duties, including in relation to County Council elections, and for national and regional polls or referendums;

 

4.     that in relation to the duties of Returning Officer or any other electoral, referendum, or polling duties arising from such an appointment, the Returning Officer shall be entitled to be remunerated in accordance with the approved scale of fees for local elections or the relevant scale of fees prescribed by a fees order in respect of national and regional polls or referendums;

 

5.     that in all cases where it is a legal requirement or normal practice to do so, fees paid to the Returning Officer shall be superannuable and the Council shall pay the appropriate employer’s contribution to the superannuation fund, recovering such employer’s contributions from Central Government or other local authorities or agencies where this can be done;

 

6.     that, in relation to the conduct of local authority elections and polls, and elections to the United Kingdom Parliament, and all other electoral duties where the Council is entitled by law to do so, the Council shall take out and maintain in force insurance indemnifying the Council and the Returning Officer including any appointed Deputy Returning Officers against legal expenses reasonably incurred in connection with the defence of any proceedings brought against the Council or the Returning Officer including any appointed Deputy Returning Officers and/or the cost of holding another election in the event of the original election being declared invalid (provided that such proceedings or invalidation are the result of the accidental contravention of the Representation of the People Acts or other legislation governing the electoral process, or accidental breach of any ministerial or other duty by the Returning Officer or any other person employed by or officially acting for him in connection with the election or poll);

 

7.     that, in the event of such insurance carrying an ‘excess’ clause by which an initial portion of risk is not insured, the Council, through its internal insurance fund or otherwise, will indemnify the Returning Officer and any appointed Deputy Returning Officers up to the value of such excess.

Minutes:

The Council considered the statutory appointment of a Returning Officer and Electoral Registration Officer. These posts were currently held on an interim basis by Shane Flynn, Corporate Director – Finance and Resources. It was recommended that Shane Flynn be appointed to the positions of Returning Officer and Electoral Registration Officer with immediate effect. 

 

The Council also considered the appointment of a Deputy Electoral Registration Officer. It was recommended that Claire Chaplin, Democratic and Civic Services Manager, be appointed as Deputy Electoral Registration Officer, with the full powers of the Electoral Registration Officer, with immediate effect.

 

It was proposed by Councillor Gregson and seconded by Councillor Bayliss and on being put to the vote it was agreed and

 

RESOLVED: That the Council:

 

1.    approve the appointment of Shane Flynn, Corporate Director – Finance and Resources as Returning Officer and Electoral Registration Officer and the appointment of Claire Chaplin, Democratic and Civic Services Manager, as Deputy Electoral Registration Officer, with the full powers of the Electoral Registration Officer, with immediate effect, and Council agrees:

 

2.    that in the terms of the Representation of the People Act 1983 and all related legislation with immediate effect Shane Flynn be appointed as Electoral Registration Officer and Claire Chaplin be appointed as Deputy Registration Officer for the Council; and in terms of Section 41 of the Local Government Act 1972 and all related legislation with immediate effect Shane Flynn be appointed as Returning Officer for the Council with authority to act in that capacity for elections to the Council and all or any Parish and Town Councils within the Council area;

 

3.    that the Returning Officer and Electoral Registration Officer for the Council be also appointed or authorised to act in respect of all related elector, poll or referendum duties, including in relation to County Council elections, and for national and regional polls or referendums;

 

4.    that in relation to the duties of Returning Officer or any other electoral, referendum, or polling duties arising from such an appointment, the Returning Officer shall be entitled to be remunerated in accordance with the approved scale of fees for local elections or the relevant scale of fees prescribed by a fees order in respect of national and regional polls or referendums;

 

5.    that in all cases where it is a legal requirement or normal practice to do so, fees paid to the Returning Officer shall be superannuable and the Council shall pay the appropriate employer’s contribution to the superannuation fund, recovering such employer’s contributions from Central Government or other local authorities or agencies where this can be done;

 

6.    that in relation to the conduct of local authority elections and polls, and elections to the United Kingdom Parliament, and all other electoral duties where the Council is entitled by law to do so, the Council shall take out and maintain in force insurance indemnifying the Council and the Returning Officer including any appointed Deputy Returning Officers against legal expenses reasonably incurred in connection with the defence of any proceedings brought against the Council or the Returning Officer including any appointed Deputy Returning Officers and/or the cost of holding another election in the event of the original election being declared invalid (provided that such proceedings or invalidation are the result of the accidental contravention of the Representation of the People Acts or other legislation governing the electoral process, or accidental breach of any ministerial or other duty by the Returning Officer or any other person employed by or officially acting for him in connection with the election or poll);

 

7.    that in the event of such insurance carrying an ‘excess’ clause by which an initial portion of risk is not insured, the Council, through its internal insurance fund or otherwise, will indemnify the Returning Officer and any appointed Deputy Returning Officers up to the value of such excess.

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