The National Assembly for Wales Referendum (Assembly Act Provisions) (Referendum Question, Date of Referendum Etc.) Order 2010

Time of, and attendance at, the count

33.—(1) The counting officer must —

(a) make arrangements for counting the votes in the presence of any counting agents as soon as practicable after the close of the poll; and

(b) give to the counting agents notice in writing —

(i) of the time and place at which the proceedings described in rule 34(1) will begin;

(ii) in the case where the power conferred by rule 34(2) is exercised, of the time and place at which the counting officer will count the votes following completion of proceedings under rule 34(1); and

(iii) in the case of a direction under paragraph (2), of the time and place at which the counting officer will count the votes following completion of proceedings under rule 34(1).

(2) The Chief Counting Officer may, in writing, direct each counting officer that the counting of votes (as provided for in rule 34(4)) must not begin before such time between the hours of 9 a.m. and noon on the day following the close of the poll as is specified in the direction.

(3) A direction under paragraph (2) must be given to each counting officer not later than the twenty-eighth day before the day of the poll.

(4) Where a direction is given under paragraph (2), then during the period beginning with the completion of the proceedings under rule 34(1) and ending with the time specified in the direction, the counting officer must —

(a) place the ballot papers and other documents relating to the counting officer’s area under the counting officer’s own seal and the seals (if any) of such of the counting agents as desire to affix their seals, and

(b) otherwise take reasonable precautions for the security of the papers and documents.

(5) No person other than —

(a) the counting officer and the counting officer’s staff;

(b) the Chief Counting Officer, a Deputy Chief Counting Officer and the Chief Counting Officer’s staff;

(c) the referendum agents;

(d) the counting agents; and

(e) persons who are entitled to attend by virtue of sections 6A to 6D of the 2000 Act,

may be present at the proceedings under rule 34(1) or at the counting of the votes unless permitted by the counting officer.

(6) A person not entitled to attend at the proceedings under rule 34(1) or at the counting of the votes may be permitted to do so by the counting officer if the counting officer —

(a) is satisfied that the efficient counting of the votes will not be impeded, and

(b) has either consulted the referendum agents (if any) or thought it impracticable to do so.

(7) The counting officer must give the counting agents such reasonable facilities for overseeing the proceedings under rule 34(1) and the counting of the votes, and such information with respect to them, as the counting officer can give them consistent with the orderly conduct of those matters and the discharge of the counting officer’s duties in connection with them.

(8) In particular, where the votes are counted by sorting the ballot papers according to the answer for which the vote is given and then counting the number of ballot papers for each answer, the counting agents are entitled to satisfy themselves that the ballot papers are correctly sorted.