European Parliament Elections Act 1997

General provisions as to agents.

25. (1) Each candidate, the election agent or the local agent of the candidate for the county or county borough concerned may appoint agents to be present on the candidate’s behalf —

(a) at the issue of ballot papers to postal voters,

(b) in polling stations,

(c) at the opening of the postal voter ballot boxes, and

(d) at the opening of the ballot boxes and the verification of the ballot paper accounts.

(2) Each candidate or the election agent of the candidate may appoint agents to be present on the candidate’s behalf at the counting of the votes.

(3) Subject to paragraph (4), the number of agents who may be appointed to be present on behalf of any candidate shall be fixed —

(a) in the case of agents appointed to be present at the counting of the votes, by the returning officer,

(b) in the case of any other agents appointed under this rule, by the local returning officer,

so, however, that the same number shall be allowed on behalf of each candidate.

(4) Each candidate, the election agent of the candidate or the local agent of the candidate for the county or county borough concerned may appoint one person (in this Schedule referred to as a “personation agent” ) to be present as the candidate's agent in each polling station for the purpose of assisting in the detection of personation and such appointment shall be in writing and shall be produced to the presiding officer for the polling station concerned.

(5) An appointment under this rule may be revoked by —

(a)in case the appointment is made pursuant to paragraph (2), the candidate or the election agent of the candidate,

(b) in case the appointment is otherwise made under this rule, the candidate, the election agent of the candidate or the local agent of the candidate for the county or county borough concerned.

(6) A candidate, the election agent or the local agent of the candidate shall, not later than the time for the commencement of the issue of ballot papers to postal voters, give written notice to the local returning officer of the name and address of every agent appointed by the candidate or the election agent or the local agent of the candidate to be present at the said issue and the local returning officer may refuse to admit to the place where the ballot papers are to be issued any agent whose name and address have not been so notified to the said local returning officer.

(7) A candidate or the election agent or the local agent of the candidate shall, not less than two days (disregarding any excluded day) before the polling day, give written notice to the local returning officer of the name and address of every personation agent appointed by the candidate or the election agent or the local agent of the candidate together with the name of the polling station for which the personation agent is appointed. A personation agent appointed in accordance with this rule and whose name and address have been duly notified to the local returning officer shall be entitled to be present in the polling station referred to in the notification during the period commencing 30 minutes before the time fixed by the Minister for the commencement of the poll and ending when the ballot boxes have been sealed by the presiding officer as provided by rule 71(2) and the documents and materials specified in that section have been placed in sealed packets.

(8) A candidate or the election agent or the local agent of the candidate shall, not less than two days (disregarding any excluded day) before the polling day, give written notice to the local returning officer of the name and address of every agent appointed by the candidate or the election agent or the local agent of the candidate to be present at the opening of the postal voter ballot boxes and the local returning officer may refuse to admit to the place where the postal voter ballot boxes are to be opened any agent whose name and address have not been so notified to the local returning officer.

(9) A candidate or the election agent or the local agent of the candidate shall, not less than two days (disregarding any excluded day) before the polling day, give written notice to the local returning officer of the name and address of every agent appointed by the candidate or the election agent or the local agent of the candidate to be present at the opening of the ballot boxes and the verification of ballot paper accounts and the local returning officer may refuse to admit to the place where the ballot boxes are to be opened any agent whose name and address have not been so notified to the local returning officer.

(10) A candidate or the election agent of the candidate shall, not less than two days (disregarding any excluded day) before the polling day, give written notice to the returning officer of the name and address of every agent appointed by the candidate or the election agent of the candidate to be present at the counting of the votes and the returning officer may refuse to admit to the place where the votes are to be counted any agent whose name and address have not been so notified to the returning officer.

(11) Where the appointment of an agent under this rule is revoked or an agent appointed under this rule dies, resigns or becomes incapable of acting during a European election, another agent may be appointed under this rule in place of the first-mentioned agent and, where such an appointment is made, the person making the appointment shall forthwith give written notice of the name and address of the agent appointed to —

(a) in case the appointment is an appointment referred to in paragraph (2), the returning officer,

(b) in every other case the local returning officer.

(12) A candidate may lawfully do or assist in the doing of any thing which may lawfully be done on the candidate’s behalf by an agent appointed under this rule or rule 24 and may be present (in addition to, or in substitution for, any such agent) at any place at which any such agent may, pursuant to this Schedule, be present.

(13) Any thing required by this Schedule to be done in the presence of an agent of a candidate shall not be invalidated by reason of the agent not being present at the time and place appointed for doing such thing.