Electoral Act, 1923

Division of constituency into polling districts, and appointment of polling places.

42.—(1) It shall be the duty of the council by which the registration expenses of the registration officer are paid to divide the administrative county or county borough as the case may be into polling districts, and to appoint polling places for the polling districts in such manner as to give to all electors in the county or borough such reasonable facilities for voting as are practicable in the circumstances.

(2) The powers of a council under the foregoing sub-section shall be exercised in accordance with rules to be from time to time made by the Minister for Local Government, and any exercise by a council of the powers aforesaid shall be subject to confirmation by the Minister aforesaid, who may confirm the proposed division, appointment or alteration either with or without modification, or may withhold confirmation thereof.

(3) Notice of any exercise of the powers aforesaid by any council shall after the same has been confirmed either with or without modification by the Minister for Local Government be published in the county or borough by the publication of a notice showing the boundaries of all polling districts and the situation of all polling places constituted as a result of such exercise of the powers aforesaid.

(4) The Minister for Local Government shall immediately after the passing of this Act make rules for the exercise by the councils aforesaid of the powers of division and appointment aforesaid and every council in which such powers are vested shall within six weeks after the making of such rules exercise the powers aforesaid by dividing the administrative county or county borough as the case may be into such polling districts as aforesaid and appointing such polling places as aforesaid, and if any council does not make any such division and appointment as aforesaid within such six weeks, or if any such division or appointment made by any such council within such six weeks is not confirmed with or without modification by the Minister for Local Government within two weeks after the same is made the Minister aforesaid may himself make such division into polling districts and appointment of polling places in respect of such administrative county or county borough as he shall think fit.

(5) If the council of any urban or rural district wholly or partly situate in any administrative county, or not less than thirty electors in any administrative county or county borough, make a representation to the Minister for Local Government that the polling districts or polling places do not meet the reasonable requirements of the electors or any body of electors in that county or county borough the Minister for Local Government shall consider the representation, and may, if he thinks fit, direct the council whose duty it is to divide that county or borough into polling districts to make such alterations as the Minister shall think necessary in the circumstances, and if the council fail to make those alterations within a month after the direction is given may himself make the alterations, and any alterations so made shall have effect as if they had been made by the council.

(6) The Minister for Local Government may cause a local inquiry to be held as respects any question arising in connection with the provisions of this section, and the law for the time being in force in relation to the holding of inquiries by such Minister shall apply to an inquiry under this sub-section.

(7) An election shall not be questioned by reason of any non-compliance with the provisions of this section or any informality relative to polling districts or polling places.