(1) An electoral officer, deputy electoral officer, or other electoral official is not subject to the directions of any local authority 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,—
(a) 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:
(b) 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.
(4) A person must not be appointed or act as electoral officer, deputy electoral officer, or other electoral official if that person is—
(a) a candidate in any election to be conducted; or
(b) a member of any local authority or community board for whom an election or poll is to be conducted.
(5) 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.
Subsection (5) was amended, as from 25 December 2002, by section 5 Local Electoral Amendment Act 2002 (2002 No 85) by omitting the words “principal administrative officer or”
.