34.—(1) For rule 41(1) of the local elections rules there shall be substituted—
“(1) Where the returning officer at the local government election does not discharge the functions specified in paragraph 2 of Schedule 5 to the Scottish Parliament (Elections etc.) Order 2015 the returning officer shall make arrangements for counting the votes in the presence of the counting agents after the returning officer has received the ballot papers from the returning officer who does discharge those functions, as soon as practicable after the end of the Scottish parliamentary election count, but in making such arrangements the returning officer shall not knowingly appoint or employ any person who has been employed by or on behalf of a candidate or a registered party in or about the election.
(1A) Where paragraph (1) applies, the returning officer at the local government election shall give to the counting agents notice in writing of the time after which that returning officer will begin to count the votes, if by then that returning officer has received the ballot papers, and of the place at which that count will take place.
(1B) Where the returning officer at the local government election discharges the functions specified in paragraph 2 of Schedule 5 to the Scottish Parliament (Elections etc.) Order 2015, the returning officer shall make arrangements for discharging the functions under rule 43(1) (as substituted by paragraph 35 of Schedule 5 to that Order) in the presence of the counting agents appointed for the purposes of the local government election as soon as practicable after the close of the poll and for thereafter counting the votes at that election in the presence of those agents, but in making such arrangements the returning officer shall not knowingly appoint or employ any person who has been employed by or on behalf of a candidate or a registered party in or about the election.
(1C) Where paragraph (1B) applies, the returning officer shall give to those counting agents notice in writing of the time and place at which the returning officer will begin to discharge the functions under rule 43(1) (as so substituted).”.
(2) In paragraph (2) of rule 41 before “at the counting of the votes” there shall be inserted “at the proceedings under rule 43(1) (as so substituted) or”.
(3) In paragraph (3) of rule 41 before “counting of the votes” in the first place where those words occur, there shall be inserted “proceedings under rule 43(1) (as so substituted) or at the,” and before “the efficient” there shall be inserted “the efficient separating of the ballot papers or, as the case may be,”.