OpenLegislation

Rule 38 Keeping of order in stationI1

England and Wales

(1)

The presiding officer must keep order at the polling station.

(2)

If a person engages in misconduct in a polling station, or fails to obey any orders lawfully given by the presiding officer, the presiding officer may order that the person be removed from the polling station.

(3)

Where the presiding officer orders that a person be removed, the person may be removed immediately—

(a)

by a constable in or near the polling station, or

(b)

by any other person authorised in writing by the returning officer to remove people from the polling station.

(4)

Where a person is removed, the person must not, without the presiding officer’s permission, re-enter the polling station on the day of the poll.

(5)

Where a person who is removed is charged with the commission of an offence in the polling station, the person may be dealt with as a person taken into custody by a constable for an offence without a warrant.

(6)

The powers conferred by this rule must not be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

Annotations

Commencement

I1

Sch. 1 rule 38 in force at 17.12.2021, see rule 1