Scottish Independence Referendum Act 2013

Procedure on close of poll

28 (1) As soon as reasonably practicable after the close of the poll, the presiding officer must—

(a) in the presence of any polling agents, seal each ballot box in use at the station so as to prevent the introduction of additional ballot papers,

(b) separate and make up into separate sealed packets the papers mentioned in paragraph (2), and

(c) deliver the sealed ballot boxes and packets (or arrange for them to be delivered) to the counting officer to be taken charge of by the counting officer.

(2) The papers referred to in paragraph (1) are—

(a) the unused and spoilt ballot papers (as a single packet),

(b) the tendered ballot papers,

(c) the marked copies of the Polling List (including any marked copy notices issued under section 13B(3B) or (3D) or 13BB(4) of the 1983 Act) and of the list of proxies (as a single packet),

(d) any certificates produced under rule 15(6),

(e) the corresponding number list completed in accordance with rule 21(2)(b) (the “completed corresponding number list”),

(f) the tendered votes list, the assisted voters list, the marked votes list, the polling day alterations list and the companion declarations (as a single packet),

(g) any postal ballot papers or postal voting statements returned to the station.

(3) The marked copies of the Polling List and of the list of proxies are to be in one packet but must not be in the same packet as the certificates mentioned in paragraph (2)(d) or the lists mentioned in paragraph (2)(e).

(4) The packets must be accompanied by a statement (the “ballot paper account”) made by the presiding officer, showing the number of ballot papers entrusted to the presiding officer and accounting for them under the following heads—

(a) ballot papers issued and not otherwise accounted for,

(b) unused ballot papers,

(c) spoilt ballot papers, and

(d) tendered ballot papers.

(5) If the sealed ballot boxes and packets are not delivered to the counting officer by the presiding officer personally, the arrangements for their delivery require the counting officer’s approval.

(6) In paragraph (1), references to “sealing” mean sealing using—

(a) the presiding officer’s seal, and

(b) the seals of any polling agents who wish to affix their own seals.