Representation of the People Act 1983

35 Returning officers: local elections in England and Wales. U.K.

(1) In England F1 . . . [F2 every 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 F1 . . . within the district.

[F3 (1A) In Wales the council of every county or county borough shall appoint—

(a) an officer of the council to be the returning officer for elections of councillors of the county or county borough; and

(b) an officer of the council to be the returning officer for elections of councillors of communities within the county or county borough.]

F4 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F5 (2A) Subsections (2B) and (2C) below have effect in relation to the Greater London Authority.

(2B) The returning officer at an election of a constituency member of the London Assembly shall be such a person, or a person of such a description, as may be designated by the Secretary of State in an order made by statutory instrument.

(2C) The returning officer—

(a) at any election of the Mayor of London,

(b) at the election of the London members of the London Assembly at an ordinary election, and

(c) for the purposes of section 11 of the 1999 Act (return of London members of the London Assembly otherwise than at an election),

shall be the proper officer of the Greater London Authority.]

(3) The returning officer at an election of London borough councillors shall be the proper officer of the borough.

F6 (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The returning officer at any election mentioned in subsections (1) to ([F7 3] ) 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.

[F8 (6) The council for any London borough shall place the services of its officers at the disposal of any person acting as the returning officer at an Authority election for an electoral area situated wholly or partly in the borough.]

Textual Amendments

F1 Words in s. 35(1) repealed (20.3.1995) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 68(7), Sch. 18; S.I. 1995/546, art. 3, Sch. (with arts. 4-8)

F2 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 16 para. 11

F3 S. 35(1A) inserted (20.3.1995 for specified purposes and otherwise 1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 68(7); S.I. 1995/546, art. 3, Sch. (with arts. 4-8); S.I. 1996/396, art. 4, Sch. 2

F4 S. 35(2) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F5 S. 35(2A)-(2C) inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 3(1)(2) (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2

F6 S. 35(3A) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 19(5)(6), Sch. 9 para. 1(3) and repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237, Sch. 13 Pt. I

F7 Figure 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

F8 S. 35(6) inserted (14.12.1999) by 1999 c. 29, s. 17, Sch. 3 para. 3(1)(3) (with Sch. 12 para. 9(1)); S.I. 1999/3376, art. 2

Modifications etc. (not altering text)

C1 S. 35: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 D6

C2 S. 35(2B) amended (16.2.2001) by 2000 c. 41, s. 7(2)(c), (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

C3 S. 35(4) applied (with modifications) (E.) (2.4.2001) by S.I. 2001/1298, regs. 8(1), 10(4), Sch. 3 Table 2 (subject to regs. 9-12, 15-17, 20, 25)

S. 35(4) applied (with modifications) (W.) (24.3.2004) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 (S.I. 2004/870), reg. 8, {Sch. 3 Table 2} (which S.I. was revoked (24.7.2008) by S.I. 2008/1848)

S. 35(4) applied (with modifications) (23.7.2004) by The Regional Assembly and Local Government Referendums Order 2004 (S.I. 2004/1962), art. 6, Sch. 2 Pt. 2

S. 35(4) applied (with modifications) (E.) (28.7.2007) by The Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089), regs. 8, 11, 13, {Sch. 4 para. 1 Table 1}

C4 S. 35(4) applied (with modifications) (W.) (24.7.2008) by The Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848), reg. 8, {Sch. 4 para. 1 Table 1}