Paragraph 6 Appointment of agents to be present at proceedings on receipt of postal ballot papersI1
England and Wales
Subject to sub-paragraph (2), each—
individual candidate, and
election agent for a registered political party standing nominated,
who is entitled to be present at the proceedings on the receipt of postal ballot papers in accordance with paragraph 5, may appoint one or more agents to be present at those proceedings on their behalf.
The returning officer may impose a limit on the number of agents that are appointed in accordance with sub-paragraph (1), but the maximum number of agents authorised by the returning officer must be the same in the case of each individual candidate or election agent for a registered political party standing nominated.
Notice in writing of an appointment under sub-paragraph (1), stating the names and addresses of the persons appointed, must be given by the individual candidate or election agent to the returning officer before the time fixed for the opening of the postal voters’ ballot boxes.
If a notice of appointment under sub-paragraph (3) states more names than are authorised by the returning officer under sub-paragraph (2), the returning officer must, after consulting with the individual candidate or election agent who submitted the notice, determine which of the persons named in the notice are to be taken as having been appointed.
Where the postal ballot papers for more than one election are issued together under paragraph 2, the returning officer to whom notice must be given under sub-paragraphs (3), (6) and (7) is the returning officer who issues the postal ballot papers.
If an agent (“A”) dies or becomes incapable of acting, the individual candidate or election agent for a registered political party may appoint another agent (“B”) in A’s place and must as soon as practicable, give the returning officer notice in writing of B’s name and address.
Agents may be appointed and notice of appointment given to the returning officer by the election agent for an individual candidate who is authorised to make an appointment under sub-paragraph (1).
In this Schedule, references to agents are to be taken as references to agents whose appointments have been duly made and notified and, in the case of agents appointed under sub-paragraph (1), who are within the number authorised by the returning officer.
Any of the following persons, namely—
an individual candidate, or
the election agent of a registered political party standing nominated,
may do any act or thing which any agent of the individual candidate or of the registered political party, would have been authorised to do, or may assist the agent in doing any such act or thing.
Where in this Schedule any act or thing is required or authorised to be done in the presence of the individual candidates or their agents or the agents of a registered political party standing nominated, the non-attendance of any such person at the time and place appointed for the purpose will not, if the act or thing is otherwise duly done, invalidate the act or thing done.
Annotations
Commencement
- I1
Sch. 2 para. 6 in force at 18.7.2025, see art. 1(2)