Appointment of presiding officers and clerksU.K.
26(1)The returning officer shall appoint and pay a presiding officer to attend at each polling station and such clerks as may be necessary for the purposes of the election, but he shall not appoint any person who has been employed by or on behalf of a candidate in or about the election.U.K.
(2)The returning officer may, if he thinks fit, preside at a polling station and the provisions of these rules relating to a presiding officer shall apply to a returning officer so presiding with the necessary modifications as to things to be done by the returning officer to the presiding officer or by the presiding officer to the returning officer.
(3)A presiding officer may do, by the clerks appointed to assist him, any act (including the asking of questions) which he is required or authorised by these rules to do at a polling station [F1except—
(a)order the arrest of any person or the exclusion or removal of any person from the polling station,
(b)refuse to deliver a ballot paper under rule 35(3) or the relevant paragraph of rule 37, or
(c)resolve doubts over identity as mentioned in the relevant paragraph of rule 37.]
[F2(4)In paragraph (3), “the relevant paragraph of rule 37” means—
(a)in sub-paragraph (b)—
(i)paragraph (1E) of rule 37 as it extends to England and Wales and to Scotland (including that paragraph as applied by rule 38, 39 or 40);
(ii)paragraph (1C) of rule 37 as it extends to Northern Ireland (including that paragraph as applied by rule 38, 39 or 40);
(b)in sub-paragraph (c)—
(i)paragraph (1F) of rule 37 as it extends to England and Wales and to Scotland (including that paragraph as applied by rule 38, 39 or 40);
(ii)paragraph (1DA) of rule 37 as it extends to Northern Ireland (including that paragraph as applied by rule 38, 39 or 40).]
Textual Amendments
F1Words in Sch. 1 rule 26(3) substituted (16.1.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 1 para. 13(2); S.I. 2022/1401, reg. 2(d)(vi) (with reg. 3(1))
F2Sch. 1 rule 26(4) inserted (16.1.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 1 para. 13(3); S.I. 2022/1401, reg. 2(d)(vi) (with reg. 3(1))
Modifications etc. (not altering text)
C1Sch. 1 rule 26 applied with modifications (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I
C2Sch. 1 rule 26 applied with modifications (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)-(8), Sch. 1 Pt. I
C3Sch. 1 rule 26 applied (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 3(1)(b)(5)-(8), Sch. 1
Sch. 1 rule 26 applied (with modifications) (N.I.) (25.4.1998) by S.I. 1998/1126, art. 6, Sch. 2
C4Sch. 1 rule 26 applied (with modifications) (31.7.1997) by 1997 c. 61, s. 3, Sch. 3 para. 13 Table 2
Sch. 1 rule 26 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3, Sch. 1)