Chief Electoral Officer

138. Chief Electoral Officer (1) The power to appoint a person to hold or act in the office of Chief Electoral Officer shall vest in the King, acting in accordance with the advice of the Council of State. (2) If the office of Chief Electoral Officer is vacant or if the Chief Electoral Officer is for any reason unable to exercise the functions of his office, a person may be appointed to act as Chief Electoral Officer, and any person so appointed shall, subject to the provisions of subsections (3), (5) and (7), continue to act until a person has been appointed to the office of Chief Electoral Officer and has assumed the functions of that office or, as the case may be, until the person in whose place he is acting has resumed those functions. (3) Subject to the provisions of subsection (5), the Chief Electoral Officer shall vacate his office when he attains the prescribed age. (4) A person holding the office of Chief Electoral Officer may be removed from office only for inability to exercise the functions of his office (whether arising from infirmity of body or mind or any other cause) or for misbehaviour and shall not be so removed except in accordance with the provisions of this section. (5) The Chief Electoral Officer shall be removed from office by the King if the question of his removal from office has been referred to a tribunal appointed under subsection (6) and the tribunal has recommended to the King that he ought to be removed for inability as aforesaid or for misbehaviour. (6) If the Council of State represents to the King that the question of removing the Chief Electoral Officer under this section ought to be investigated, then - (a) the King shall appoint a tribunal which shall consist of a Chairman and not less than two other members, selected by the Chief Justice from among persons who hold or have held high judicial office; and (b) the tribunal shall enquire into the matter and report on the facts thereof to the King and recommend to him whether the Chief Electoral Officer ought to be removed under this section. (7) If the question of removing the Chief Electoral Officer has been referred to a tribunal under this section, the King, acting in accordance with the advice of the Council of State, may suspend the Chief Electoral Officer from the exercise of the functions of his office Page 80 y p and any such suspension may at any time be revoked by the King, acting in accordance with such advice as aforesaid, and shall in any case cease to have effect if the tribunal recommends to the King that the Chief Electoral Officer should not be removed. (8) The prescribed age for the purposes of subsection (3) is the age of fifty-five years or such other age as may be prescribed by Parliament: Provided that an Act of Parliament to the extent to which it alters the prescribed age after the appointment of a person to be or to act as Chief Electoral Officer, shall not have effect in relation to that person unless he consents that it should have effect.