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Part IU.K. Parliamentary and Local Government Franchise and its Exercise

Modifications etc. (not altering text)

Conduct of parliamentary electionsU.K.

28 Discharge of returning officer’s functions in England and Wales.U.K.

(1)In England and Wales the duties of the returning officer for a parliamentary election (except those mentioned in subsection (2) below) shall be discharged, as acting returning officer—

(a)in the case of a constituency [F1in England] for which the chairman of a district council or the mayor [F2or the chairman] of a London borough is returning officer by virtue of section 24(1) above, by the registration officer appointed by that council;

[F3(aa)in the case of a constituency in Wales for which the chairman of a county or county borough council is returning officer by virtue of that section, by the registration officer appointed by that council;]

(b)in the case of any other constituency, by such registration officer as may be designated in an order made [F4by statutory instrument] by the Secretary of State.

(2)The duties excepted from subsection (1) above are—

(a)any duty imposed on a returning officer under rule 3 of the parliamentary elections rules; and

(b)any duty so imposed under rule 50 of those rules which the person (if any) who for the time being holds the office of returning officer reserves to himself and undertakes to perform in person.

(3)The returning officer shall give to the acting returning officer written notice of any duties which he reserves to himself under paragraph (b) of subsection (2) above, and that paragraph shall, in the case of any election, apply to the duties (if any) of which the notice is so given not later than the day following that on which the writ is received, and to no others.

[F5(3A)For the purposes of subsection (3), the writ is to be taken to have been received—

(a)in the case of a general election, on the day after the date of the dissolution of Parliament, and

(b)in the case of a by-election, on the day after the date of the warrant for the writ.]

(4)In the discharge of the duties imposed by subsection (1) an acting returning officer has all the powers, obligations, rights and liabilities of the returning officer under this Act, and this Act has effect accordingly.

(5)An acting returning officer has power to appoint deputies to discharge all or any of those duties, [F6and a [F7Welsh county council or county borough council or a] district council or London borough council may assign officers to assist in carrying out all or any of those duties.]

(6)Section 25 of the M1Sheriffs Act 1887 (death of sheriff) does not authorise the undersheriff to discharge the duties of returning officer, and upon a sheriff’s death the acting returning officer shall discharge all the sheriff’s duties as returning officer until another sheriff is appointed and has made the declaration of office.

Textual Amendments

F3S. 28(1)(aa) inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 68(4) (with ss. 54(4)(7), 55(5), Sch. 17 paras. 22(1)(23(2)); S.I. 1996/396, art. 4, Sch. 2

Modifications etc. (not altering text)

C12S. 28(1)(b) 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)

C13S. 28(4) applied with modifications (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. I

C14S. 28(5) applied with modifications (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. I

C15S. 28(6) applied with modifications (E.W.S.) by S.I. 1986/2209, regs. 2, 5(1)(6)–(8), Sch. 1 Pt. I

Marginal Citations