Paragraph 35 Appointment of polling and counting agents

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 5 modified by National Assembly for Wales (Representation of the People) 2003 Sch. 4 Pt. 2
Sch. 5 para. 12(5) words substituted by Civil Partnership Act 2004 (Amendments to Subordinate Legislation) 2005 art. 2(11) Sch. 11 para. 1(7)(a)
Sch. 5 para. 40(5)(a) words substituted by Civil Partnership Act 2004 (Amendments to Subordinate Legislation) 2005 art. 2(11) Sch. 11 para. 1(7)(b)
Sch. 5 para. 40(5)(b) words substituted by Civil Partnership Act 2004 (Amendments to Subordinate Legislation) 2005 art. 2(11) Sch. 11 para. 1(7)(c)
Sch. 5 para. 40(6)(a) words substituted by Civil Partnership Act 2004 (Amendments to Subordinate Legislation) 2005 art. 2(11) Sch. 11 para. 1(7)(d)
Sch. 5 para. 40(6)(b) words substituted by Civil Partnership Act 2004 (Amendments to Subordinate Legislation) 2005 art. 2(11) Sch. 11 para. 1(7)(e)
Sch. 5 para. 44(3)(b) words substituted by Civil Partnership Act 2004 (Amendments to Subordinate Legislation) 2005 art. 2(11) Sch. 11 para. 1(7)(f)
Sch. 5 para. 49(7)(b) words substituted by Civil Partnership Act 2004 (Amendments to Subordinate Legislation) 2005 art. 2(11) Sch. 11 para. 1(7)(g)
Sch. 5 para. 50(1) words substituted by National Assembly for Wales (Representation of the People) 2006 art. 8(a)
Sch. 5 para. 50(6A)(6B) inserted by National Assembly for Wales (Representation of the People) 2006 art. 8(b)

(1)

Subject to sub-paragraph (2), at a constituency election each candidate may, before the commencement of the poll, appoint—

(a)

polling agents to attend at polling stations for the purpose of detecting personation, and

(b)

counting agents to attend at the counting of the votes.

(2)

In the case of a constituency election, the constituency returning officer may limit the number of counting agents, so that—

(a)

the number shall be the same in the case of each candidate, and

(b)

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.

(3)

Subject to sub-paragraph (4), at a regional election each—

(a)

individual candidate, and

(b)

election agent for a group of party list candidates,

may, before the commencement of the poll, in relation to each Assembly constituency in the Assembly electoral region, appoint—

(i)

polling agents to attend at polling stations for the purpose of detecting personation, and

(ii)

counting agents to attend at the counting of the votes.

(4)

In the case of a regional election the constituency returning officer may, in relation to the Assembly constituency for which he is the returning officer, limit the number of counting agents, so that—

(a)

the number shall be the same in the case of each individual candidate or election agent for a group of party list candidates, and

(b)

the number allowed to an individual candidate or election agent shall not (except in special circumstances) be less than the number obtained by dividing the number of clerks employed on the counting by the total of the number of individual candidates and registered political parties which have submitted to a party list.

(5)

Notice in writing of an appointment under sub-paragraph (1) or (3), stating the names and addresses of the persons appointed, shall be given by the person making the appointment to the constituency returning officer and shall be so given not later than the second day (computed like any period of time set out in the Table in paragraph 1(1)) before the day of the poll.

(6)

If an agent dies, the person who appointed him may appoint another agent in his place, and shall forthwith give to the constituency returning officer notice in writing of the name and address of the agent appointed.

(7)

Any appointment authorised by this paragraph to be made by a candidate may be made and the notice of appointment given to the constituency returning officer by the election agent instead.

(8)

In the following provisions of this Schedule references to polling and counting agents shall be taken as references to agents—

(a)

whose appointments have been duly made and notified, and

(b)

where the number of agents is restricted, who are within the permitted number.

(9)

Any notice required to be given to a counting agent by the constituency returning officer may be delivered at or sent by post to the address stated in the notice of appointment.

(10)

Any candidate may himself do any act or thing which any polling or counting agent, if appointed by him or on his behalf, would have been authorised to do, or may assist such agent in doing any such act or thing.

(11)

An election agent for an individual candidate or a group of party list candidates may do or assist in doing anything which a polling or counting agent of the candidate or candidates is authorised to do; and anything required or authorised by this Schedule to be done in the presence of the polling or counting agents may be done in the presence of such an election agent instead of such polling or counting agents.

(12)

Where by this Schedule 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 agents or agent 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.