Why do some returning officers wear silly hats?

I have been attending election counts, lately as an election agent, for over 20 years. One thing I’m often asked at these counts (as one of the lawyers there) is why some English declarations involve returning officers in chains, gowns, and silly hats; but not in some other constituencies; and never in Scotland. The answer can be found in the Representation of the People Act 1983 (ROTPA).

s24 ROTPA provides for the appointment of returning officers in England and Wales. There are nine different rules for who is to be the returning officer for a constituency, depending upon where the constituency is located.

For example, s24(1)(a) provides that “in the case of a county constituency in England which is coterminous with or wholly contained in a county, the sheriff of the county.” Similarly, s24(1)(d) states “in the case of a constituency which is coterminous with or wholly contained in a London borough, the mayor of the borough” ­– Sheriffs and Mayors means you get chains, gowns, and silly hats in these constituencies.

By contrast, s25 provides that in Scotland, the returning officer is “in the case of a constituency wholly situated in one local government area, the person under section 41 below who is, or who may discharge the functions of, the returning officer at elections of councillors for the local authority for that area”. s41 provides that “Every local authority in Scotland shall appoint an officer of the authority to be the returning officer for each election of councillors for the authority” – and it’s usually a senior officer (e.g. the chief executive or one of their deputies). If a constituency is in more than one Council area, the Secretary of State designates which returning officer it is by order (see The Returning Officers (Parliamentary Constituencies) (Scotland) Order 2023) .

Thus, returning officers are quite often Sheriffs, Mayors, etc in England, which means chains, gowns, and silly hats; but in Scotland they’re always a council officer, which means a charcoal suit and no hats.