Paragraph 28 Appointment of polling and counting agents
Subject to paragraphs (3) to (5), before the commencement of the poll—
each individual candidate; and
the election agent of each list candidate,
may appoint polling agents to attend at polling stations for the purpose of detecting personation; and counting agents to attend at the local count.
The same person may be appointed as a polling agent or counting agent by, or in the case of list candidates on behalf of, more than one candidate.
For each local count, one (but no more than one) counting agent of each registered party standing nominated or individual candidate, as the case may be, may be authorised by the terms of his appointment to require a re-count at that count.
Not more than four polling agents, or such greater number as the CRO may by notice allow, shall be permitted to attend at any particular polling station.
If the number of such agents appointed to attend at a particular polling station exceeds that number, the CRO shall determine by lot which agents are permitted to attend, and only the agents on whom the lot falls shall be deemed to have been duly appointed.
The CRO may limit the number of counting agents, but in doing so shall ensure that—
the number is the same in the case of each candidate; and
the number allowed to a candidate shall not (except in special circumstances) be less than the number obtained by dividing the number of clerks employed on the counting by the number of candidates.
For the purposes of the calculations required by paragraph (6)—
a counting agent appointed for more than one list candidate shall be deemed to be appointed for all the candidates on that list; and
a counting agent appointed for more than one candidate (other than a list candidate) is a separate agent for each of the candidates for whom he has been appointed;
Notice in writing of the appointment, stating the names and addresses of the persons appointed, shall be given by the candidate, or as the case may be, the election agent, to the CRO and shall be so given not later than the fifth day (computed like any period of time in the Timetable in rule 3) before the day of the poll. Notices of the appointment of polling agents and counting agents which are required by this paragraph and paragraphs (9) and (10) to be given to the CRO shall be given to the returning officer who discharges the functions specified in regulation 5 of the Combination of Polls Regulations.
If an agent dies, or becomes incapable of acting, the candidate or, as the case may be, the election agent, may appoint another person in his place, and shall forthwith give to the CRO notice in writing of the name and address of that other person.
Any appointment for a candidate (other than a list candidate) authorised by this rule may be made and the notice of appointment given to the CRO by the candidate’s election agent, instead of by the candidate.
In the following provisions of these Rules references to polling agents and counting agents shall be taken as references to agents—
whose appointments have been duly made and notified; and
where the number of agents is restricted, who are within the permitted numbers.
Any notice required to be given to a counting agent by the CRO may be delivered at, or sent by post to, the address stated in the notice of appointment.
A candidate may himself do any act or thing which any polling or counting agent of his, if appointed, would have been authorised to do, or may assist his agent in doing any such act or thing.
A candidate’s election agent may do or assist in doing anything which a polling or counting agent of his is authorised to do; and anything required or authorised by these Rules to be done in the presence of the polling or counting agent may be done in the presence of a candidate’s election agent instead of his polling agent or counting agent.
Where by these Rules any act or thing is required or authorised to be done in the presence of the polling or counting agents, the non-attendance of any agent or agents at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.