Paragraph 29 Challenge of voter

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

Sch. 2 Appendix 1 Form words inserted by Civil Partnership Act 2004 (Modification of Subordinate Legislation) 2005 art. 46(c)(i)
Sch. 2 Appendix 1 Form words inserted by Civil Partnership Act 2004 (Modification of Subordinate Legislation) 2005 art. 46(c)(ii)
Sch. 2 modified by Scottish Parliament (Elections etc.) 2002 art. 14(5) Sch. 5 Pt. 3

(1)

If at the time a person applies for a ballot paper for the purpose of voting in person, or after such person has applied for a ballot paper for that purpose and before such person has left the polling station, a candidate or such candidate’s election or polling agent–

(a)

declares to the presiding officer that such candidate has reasonable cause to believe that the applicant has committed an offence of personation; and

(b)

undertakes to substantiate the charge in a court of law,

the presiding officer may order a constable to arrest the applicant, and the order of the presiding officer shall be sufficient authority for the constable so to do.

(2)

A person against whom a declaration is made under this rule shall not by reason of it be prevented from voting.

(3)

A person arrested under the provisions of this rule shall be dealt with as a person taken into custody by a constable for an offence without a warrant.