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Political Parties, Elections and Referendums Act 2000

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Political Parties, Elections and Referendums Act 2000, Section 128 is up to date with all changes known to be in force on or before 20 November 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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128 Chief Counting Officers, and counting officers, for referendums.E+W+S+N.I.

This section has no associated Explanatory Notes

(1)This section has effect in relation to any referendum to which this Part applies.

(2)There shall be a Chief Counting Officer for the referendum, who (subject to subsection (8)) shall be—

(a)the chairman of the Commission, or

(b)if the chairman of the Commission appoints some other person to act as Chief Counting Officer for the referendum, the person so appointed.

(3)The Chief Counting Officer for the referendum shall appoint a counting officer for each relevant area in Great Britain.

(4)The local authority in the case of each such area shall place the services of their officers at the disposal of the counting officer for the area for the purpose of assisting him in the discharge of his functions.

(5)Each counting officer shall, as respects the votes cast in the area for which he is appointed, certify—

(a)the number of ballot papers counted by him, and

(b)the number of votes cast in favour of each answer to a question asked in the referendum.

(6)The Chief Counting Officer shall certify—

(a)the total number of ballot papers counted, and

(b)the total number of votes cast in favour of each answer to a question asked in the referendum,

in the whole of the referendum area.

(7)Where two or more forms of ballot paper are used in the referendum, a separate number shall be certified under subsection (5)(a) or (6)(a) in relation to each form of ballot paper so used.

(8)Where the referendum is held in Northern Ireland, the Chief Electoral Officer for Northern Ireland—

(a)shall be the Chief Counting Officer for the referendum if it is held only in Northern Ireland, and

(b)in any other case shall be treated, for the purposes of subsection (5), as if he were a counting officer appointed under this section for the whole of Northern Ireland.

(9)In this section—

(a)relevant area in Great Britain” means any of the following—

(i)a district in England or a London borough,

(ii)the City of London (including the Inner and Middle Temples), the Isle of Wight or the Isles of Scilly,

(iii)a local government area in Scotland, or

(iv)a county or county borough in Wales,

where it is comprised in the referendum area;

(b)the local authority”—

(i)in the case of an area falling within paragraph (a)(i), (iii) or (iv), means the council for that area, and

(ii)in the case of an area falling within paragraph (a)(ii), means the Common Council of the City of London, the Council of the Isle of Wight or the Council of the Isles of Scilly, as the case may be;

(c)the referendum area” means the parts or part of the United Kingdom, or (as the case may be) the region in England, throughout which the referendum is held as mentioned in section 101(1).

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C1S. 128 applied (with modifications) (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 4 para. 6

Commencement Information

I1S. 128 wholly in force at 16.2.2001; s. 128 not in force at Royal Assent, see s. 163(2); s. 128 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

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