35 Returning officers: local elections in England and Wales.U.K.
(1)In England and Wales [F1every non-metropolitan county council] shall appoint an officer of the council to be the returning officer for elections of councillors of the county and every district council shall appoint an officer of the council to be the returning officer for the elections of councillors of the district and an officer of the council to be the returning officer for elections of councillors of parishes or communities within the district.
(2)
F2(3)The returning officer at an election of London borough councillors shall be the proper officer of the borough.
[F3(3A)]
F4(4)The returning officer at any election mentioned in subsections (1) to ([F53] ) above may by writing under his hand appoint one or more persons to discharge all or any of his functions.
(5)A local government election in England and Wales is not liable to be questioned by reason of a defect in the title, or want of title, of the person presiding at or conducting the election, if that person was then in actual possession of, or acting in, the office giving the right to preside at or conduct the election.
Textual Amendments
F1Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 16 para. 11
F4S. 35(3A) repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 13 Pt. I
F5Figure 3 now stands within brackets by virtue of Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 12 Pt. II para. 50