Rule 38 Appointment of polling and counting agentsI1

England and Wales

(1)

An individual candidate and the election agent for a registered political party standing nominated may, before the poll begins, 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 votes.

(2)

The returning officer may limit the number of counting agents that may be appointed under paragraph (1), so that—

(a)

the number is the same for each individual candidate or registered political party, and

(b)

the number allowed to an individual candidate or registered political party is not, except in special circumstances, less than the number obtained by dividing the number of clerks employed on the counting by the number of individual candidates and registered political parties standing nominated.

(3)

Notice in writing of an appointment under paragraph (1) must be given to the returning officer by the person making the appointment.

(4)

The notice must—

(a)

give the names, postal addresses and e-mail addresses, where available, of the persons appointed, and

(b)

be given no later than the fifth day before the day of the poll, disregarding any excluded day.

(5)

If a polling agent or counting agent dies or becomes incapable of acting, the person who made the appointment—

(a)

may appoint another agent in their place, and

(b)

must immediately give the returning officer a notice stating the other agent’s name, postal address and e-mail address, where available.

Annotations

Commencement

I1: Sch. 5 rule 38 in force at 18.7.2025, see art. 1(2)