Nomination of sub-agent
38.—(1) At an Assembly election an election agent, subject to the provisions of this article, may appoint to act in any part of—
(a)the Assembly constituency, in the case of a constituency election; or
(b)the Assembly electoral region, in the case of a regional election,
one, but not more than one, deputy election agent (in this Order referred to as a sub-agent).
(2) As regards matters in the part of an Assembly constituency or electoral region for which there is a sub-agent the election agent may act by the sub-agent and—
(a)anything done for the purposes of this Order by or to the sub-agent in his part of the Assembly constituency or electoral region shall be deemed to be done by or to the election agent;
(b)any act or default of a sub-agent which, if he were the election agent, would be an illegal practice or other offence against this Order shall be an illegal practice or offence against this Order committed by the sub-agent, and the sub-agent shall be liable to punishment accordingly; and
(c)a candidate shall suffer the like incapacity as if that act or default had been the election agent’s act or default.
(3) Not later than the second day before the day of the poll the election agent shall declare in writing the name and address of every sub-agent to the appropriate returning officer, and—
(a)the returning officer shall forthwith give public notice of the name and address of every sub-agent so declared; and
(b)in the case of a regional election, the regional returning officer shall forthwith give notice of that name and address to the constituency returning officer for each Assembly constituency in any part of which the sub-agent is appointed to act.
(4) The appointment of a sub-agent—
(a)shall not be vacated by the election agent who appointed him ceasing to be election agent; but
(b)may be revoked by whoever is for the time being the election agent,
and in the event of the revocation of the appointment or of the death of a sub-agent another sub-agent may be appointed, and his name and address shall be forthwith declared in writing to the appropriate returning officer, who shall forthwith give the like notice required by paragraph (3)(a) and, if applicable, (b).
(5) The declaration to be made to the appropriate returning officer, and such notice to be given by him, under paragraph (3) or (4) shall specify the part of the Assembly constituency or electoral region within which any sub-agent is appointed to act.