Rule 40 Notification of requirement of secrecyI1

England and Wales

(1)

The returning officer must make arrangements to ensure that every person attending at a polling station, other than a person described in paragraph (2), has been given a notice setting out the provisions of article 35(1), (2), (4) and (7).

(2)

The persons to whom the duty under paragraph (1) does not apply are—

(a)

a person attending the polling station for the purpose of voting;

(b)

a person under the age of 16 who accompanies a voter to the polling station;

(c)

a person attending the polling station as the companion of a voter with disabilities;

(d)

a person attending the polling station as a constable on duty.

(3)

In this rule, a reference to a constable includes a person designated as a community support officer or community support volunteer under section 38 of the Police Reform Act 2002^f1 (police powers for civilian staff and volunteers).

Annotations

Commencement

I1: Sch. 5 rule 40 in force at 18.7.2025, see art. 1(2)

Footnotes

f1: 2002 c. 30. Section 38 was amended by Part 2 of Schedule 17 to the Serious Organised Crime and Police Act 2005 (c. 15); paragraph 2 of Schedule 5 to the Police and Justice Act 2006 (c. 48); paragraph 292 of Schedule 16 to the Police Reform and Social Responsibility Act 2011 (c. 13); and sections 8(7) and 38 (as amended by S.I. 2017/1162) of, and paragraph 82 of Schedule 1 to, the Policing and Crime Act 2017 (c. 3).