Representation of the People Act 1983

Declaration of secrecy

31 (1) Before the opening of the poll a declaration of secrecy in the form in paragraph (4) of this rule, or in a form as near to it as circumstances admit, shall be made by—

(a) the returning officer and the presiding officers ;

(b) every clerk authorised to attend at a polling station or the counting of the votes;

(c) every candidate attending at a polling station or at the counting of the votes and every election agent so attending;

(d) every candidate's wife or husband attending at the counting of the votes;

(e) every polling agent and counting agent;

(f) every person permitted by the returning officer to attend at the counting of the votes, though not entitled to do so,

but the constables on duty at polling stations or at the counting of the votes shall not be required to make the declaration of secrecy.

(2) Notwithstanding anything in paragraph (1) above, the following persons attending at the counting of the votes—

(a) any candidate,

(b) any election agent, or any candidate's wife or husband attending by virtue of the rule authorising election agents and candidates' wives or husbands to attend as such,

(c) any person permitted by the returning officer to attend, though not entitled to do so,

(d) any clerk making the declaration in order to attend at the counting of the votes,

need not make the declaration before the opening of the poll but shall make it before he or she is permitted to attend the counting, and a polling or counting agent appointed after the opening of the poll shall make the declaration before acting as such an agent

(3) The returning officer shall make the declaration in the presence of a justice of the peace, and any other person shall make the declaration in the presence either of a justice of the peace or of the returning officer, and subsections (1), (2), (3) and (6) of section 66 of this Act shall be read to the declarant by the person taking the declaration or shall be read by the declarant in the presence of that person; but—

(a) in England and Wales the declaration may be made by the returning officer or any other person before a person who is chairman of the Greater London Council, a county council or a district council or mayor of a London borough, and may be made by a person other than the remrning officer before a person who is the proper officer of any such council; and

(b) in Scotland the declaration may be made by a person other than the returning officer before the proper officer of an islands or regional council; and

(c) in Northern Ireland the declaration may be made by a person other than the returning officer before the clerk of a district council.

(4) The declaration shall be as follows—

“I solemnly promise and declare that I will not do anything forbidden by subsections (1), (2), (3) and (6) of section 66 of the Representation of the People Act 1983, which have been read to [by] me.”