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The Local Authorities (Conduct of Referendums) (England) Regulations 2001

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This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Local Authorities (Conduct of Referendums) (England) Regulations 2001 No. 1298

Counting of votes etc.

13.—(1) The counting officer—

(a)shall appoint and pay such persons as may be necessary for the purpose of the counting of the votes; and

(b)shall appoint persons to observe the counting of the votes and the verification of the ballot paper account (“counting observer”).

(2) For the purpose of assisting the counting officer in the discharge of his functions under paragraph (1)(b), a petition organiser may, not less than the fifth day before the date of the poll, by notice in writing to the counting officer, nominate persons who, in the opinion of the petition organiser, are suitable for appointment as counting observers; and the notice shall also contain the address of each nominee.

(3) Subject to paragraph (4) of rule 24 of the LGA Referendum Rules, the counting officer shall not, without good cause, decline to appoint as a counting observer a person nominated by a petition organiser.

(4) The counting officer shall, as soon as practicable after the close of the poll, make arrangements for counting the votes in the presence of the counting observers, and shall give those observers notice in writing of the time and place at which he will begin to count the votes.

(5) Subject to regulations 15(9) and 17(9), no person may attend the counting of votes for any voting area unless he is—

(a)the counting officer for that area;

(b)a person appointed by him under paragraph (1);

(c)the elected mayor, if any, of the council in respect of which the referendum is held;

(d)a petition organiser; or

(e)permitted by the counting officer for that area to attend the count.

(6) The counting officer shall give the counting observers such reasonable facilities for observing the proceedings at the counting of votes, and all such reasonable information with respect to them, as he can give them consistently with the orderly conduct of the proceedings and the discharge of his duties in connection with them.

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