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Referendums (Scotland and Wales) Act 1997

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This is the original version (as it was originally enacted).

Returning officers and counting officers

5(1)Functions conferred by this Schedule on the returning officer shall be exercised—

(a)in each local government area in Scotland, by the person who, under section 41 of the Representation of the People Act 1983 (local government elections in Scotland) is, or may discharge the functions of, the returning officer at an election of councillors for that area,

(b)in each county or county borough in Wales, by the person who is for the time being appointed to act as returning officer for that county or county borough under section 35(1A)(a) of the Representation of the People Act 1983 (local government elections in Wales).

(2)A returning officer may, in writing, appoint one or more persons to discharge all or any of his functions.

(3)It is the returning officer’s general duty at a referendum to do all such acts and things as may be necessary for effectually conducting the referendum in the manner provided by this Schedule.

6(1)In Scotland, the council for a local government area shall place the services of its officers at the disposal of any person who is acting as returning officer or counting officer in relation to that area.

(2)In Wales, the council for any county or county borough shall place the services of its officers at the disposal of any person who is acting as returning officer or counting officer in relation to that county or county borough.

7A counting officer may, in writing, appoint one or more persons to discharge all or any of his functions.

8(1)Order 45, rule 1 of the [S.I. 1981/1687.] County Court Rules 1981 (application for taxation of returning officer’s account under section 30 of the Representation of the People Act 1983) shall have effect in relation to applications made under section 30 of that Act as applied by paragraph 13(2) below.

(2)For the purpose of sub-paragraph (1), a reference in Order 45, rule 1 to a returning officer shall be construed as a reference to a returning officer, a counting officer or a Chief Counting Officer.

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