Article 40 Nomination of sub-agentI1

England and Wales

(1)

Subject to the provisions of this article, an election agent appointed in accordance with article 39 may appoint one deputy election agent, referred to in this Order as a sub-agent, to act in any part of the Senedd constituency.

(2)

Where a sub-agent is appointed in accordance with paragraph (1)—

(a)

anything done for the purposes of this Order, by or to the sub-agent, will be deemed to be done by or to the election agent,

(b)

any act or default of a sub-agent which, if the sub-agent were the election agent, would be an illegal practice or other offence under this Order, will be an illegal practice or offence under this Order committed by the sub-agent, and the sub-agent will be liable to punishment accordingly, and

(c)

an individual candidate, or each candidate on the registered political party’s list, will be subject to the same incapacity as if that act or default had been the election agent’s act or default.

(3)

Where a registered political party submits a party list of candidates for a constituency election—

(a)

the election agent for those candidates must, if the election agent appoints a sub-agent for any part of the constituency area in the case of any of those candidates, appoint the same person for that part of the constituency in respect of all candidates, and

(b)

any such appointment may only be revoked in respect of all of the candidates.

(4)

Not later than the second day before the day of the poll, an election agent must declare in writing to the returning officer the name and address of any sub-agent appointed in accordance with paragraph (1), and the returning officer must immediately give public notice of the name and address of every sub-agent so declared.

(5)

The appointment of a sub-agent—

(a)

is not vacated in the event of the election agent who appointed the sub-agent ceasing to be an election agent, but

(b)

may be revoked by whoever is for the time being the election agent.

(6)

In the event of the revocation of the appointment or of the death of a sub-agent, another sub-agent may be appointed, and the name and address of that sub-agent must without delay be declared in writing to the returning officer, who must immediately give public notice of the name and address of that sub-agent.

(7)

The declaration to be made to a returning officer, and the public notice to be given by the returning officer, under paragraph (4) or (6) must specify the part of the Senedd constituency within which any sub-agent is appointed to act.

Annotations

Commencement

I1: Art. 40 in force at 18.7.2025, see art. 1(2)