Article 39 Appointment of election agentI1
England and Wales
Not later than the latest time for the publication of the statement of parties and persons nominated (rule 1(1) of Schedule 5)—
a person must be named by, or on behalf of, each individual candidate as the candidate’s election agent, and
the name and address of the candidate’s election agent must be declared in writing by the candidate, or some other person on the candidate’s behalf, to the returning officer.
Individual candidates may name themselves as their election agent.
Not later than the latest time for the publication of the statement of parties and persons nominated—
a person must be named by, or on behalf of, each registered political party submitting a party list as the election agent for that party in relation to that list, and
the name and address of a party’s election agent must be declared in writing, by or on behalf of that party’s registered nominating officer, to the returning officer.
A candidate included on a registered political party’s party list may be named as election agent for that party in relation to that party list.
Where, in accordance with paragraph (1) or (3), a candidate is named as election agent and the home address form accompanying that candidate’s nomination paper contains a statement under rule 8(4) of Schedule 5 that the candidate’s home address must not be made public—
the candidate’s home address must not be included in the public notice under paragraph (11), and
the information given in the candidate’s home address form under rule 8(5) of Schedule 5 must be included in the public notice instead.
Where, in accordance with paragraph (1) or (3), a candidate is named as an election agent and the statement of parties and persons nominated shows commonly used forenames or surnames for that candidate, the public notice under paragraph (11) must show those commonly used forenames or surnames instead of the forenames or surnames stated in the nomination paper in accordance with rules 5(4)(a) and 6(6) of Schedule 5.
Where a candidate is named as an election agent, so far as circumstances permit, that candidate is subject to the provisions of this Order, both as a candidate and as an election agent and, except where the context otherwise requires, any reference in this Order to an election agent will be construed as referring to the candidate acting as an election agent.
Only one election agent may be appointed for—
each individual candidate, and
each registered political party that has submitted a party list,
but the appointment, whether the election agent appointed is a candidate or not, may be revoked.
If, whether before, during or after the election, the appointment, or deemed appointment (see article 42(1) or (2)), of an election agent is revoked or an election agent dies, another election agent must be appointed without delay, and the name and address of that agent must be declared in writing to the returning officer.
The declaration as an election agent of a person other than—
an individual candidate, or
in relation to a registered political party that has submitted a party list, the candidate whose name appears first on the list,
will be of no effect under this article unless it is made and signed by that person, or is accompanied by a written declaration of acceptance signed by that person.
Subject to paragraphs (5) and (6), upon the name and address of an election agent being declared to the returning officer, the returning officer must immediately give public notice of that name and address.
Annotations
Commencement
- I1
Art. 39 in force at 18.7.2025, see art. 1(2)