Combined Guidance for Returning Officers at Local Government and Police and Crime Commissioner Elections in England
Postal, Polling and Counting Agents
At a local government election and Police and Crime Commissioner election candidates, or their election agent, can appoint agents to observe the opening of postal votes, the poll and the verification and count. You are responsible for receiving the notifications of appointment of these agents.1
You will find more details on these agents in the guidance that follows.
You are required to ensure that all appointed agents at local government elections and PCC elections are given a copy of the following relevant secrecy requirements for opening of postal votes, the poll and the count.2
For more details on revoking agent appointments and appointing new agents see our guidance on Revoking the appointment of an election agent.
Local authority and Combined authority mayoral elections
At local authority and combined authority/combined county authority mayoral elections, in addition to the candidate, the election agent can also appoint agents to observe the opening of postal votes, the poll and the verification and count.3
All references to candidates and agents in this section on Postal, Polling and Counting agents should be read as petition organisers and counting and polling observers appointed for the purposes of the referendum.4 In addition to the count, counting observers at a mayoral referendum may also attend the opening of postal votes.5
At a mayoral referendum, as Counting Officer you may appoint polling observers and you are under a legal duty to appoint counting observers.6 To assist you in your duty to appoint counting observers, the petition organiser may nominate observers for you to appoint and you must not reject such nominations without good cause.7
Polling and counting observers must be nominated in writing by the fifth working day before the poll.8 The written notice must contain the name and address of each nominee.9
Where the Counting Officer does not take on the combined functions at combined polls, the Counting Officer must give written notice of the appointment of any polling observers to the relevant Returning Officer by the fifth working day before the poll.10
The notice must state the names and addresses of the persons appointed.11 The Counting Officer must also give written notice of the appointment of counting observers to the relevant Returning Officer as soon as practicable after they have been appointed.12
- 1. Rule 30 Schedule 1 Representation of the People Act 1983 (RPA 1983); regulation 69 Representation of the People (England and Wales) Regulations 2001 (RPR (E&W) 2001); Para 33 Schedule 2 and Para 31 Schedule 3 Police and Crime Commissioner Elections Order 2012 (PCCEO 2012) ↩ Back to content at footnote 1
- 2. S. 66 RPA 1983, Art. 22 and Para 22 Sch 3 PCCEO 2012 ↩ Back to content at footnote 2
- 3. Rule 29(11) Combined Authorities (Mayoral Elections) Order 2017 (CAM Rules 2017), Rule 29(9) Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 LAM Rules 2007 ↩ Back to content at footnote 3
- 4. Schedule 3 rule 18 Local Authorities (Conduct of Referendums) (England) Regulations 2012 (LAM Rules 2012) ↩ Back to content at footnote 4
- 5. Regulation 68 RPR (E&W) 2001 (as applied and modified by Schedule 4, LAM Rules 2012) ↩ Back to content at footnote 5
- 6. Rule 18(1) and (2) LAM Rules 2012 ↩ Back to content at footnote 6
- 7. Rule 18(3) and (5) LAM Rules 2012 ↩ Back to content at footnote 7
- 8. Rule 18(4) LAM Rules 2012 ↩ Back to content at footnote 8
- 9. Rule 18(4) LAM Rules 2012 ↩ Back to content at footnote 9
- 10. Schedule 5 rule 19(2) and (3) LAM Rules 2012 ↩ Back to content at footnote 10
- 11. Rule 19(3) LAM Rules 2012 ↩ Back to content at footnote 11
- 12. Rule 18(2) LAM Rules 2012 ↩ Back to content at footnote 12