Parliamentary Voting System and Constituencies Act 2011

Direction to conduct re-count

43 (1) On the completion of the counting of the votes (including any re-count under rule 41), and on the completion of any re-count under this rule, the counting officer must draw up a statement showing—

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

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

(2) Once the statement is drawn up the counting officer must—

(a) in the case of a voting area in a region for which a Regional Counting Officer is appointed, inform the Regional Counting Officer of the contents of the statement;

(b) in the case of any other voting area, inform the Chief Counting Officer of the contents of the statement.

(3) The Regional Counting Officer or Chief Counting Officer must then either—

(a) direct the counting officer to have the votes re-counted, or

(b) direct the counting officer to make the certification under section 128(5) of the 2000 Act.

(4) The Regional Counting Officer or Chief Counting Officer may give a direction under paragraph (3)(a) only if the officer thinks that there is reason to doubt the accuracy of the counting of the votes in the counting officer’s voting area.

(5) A counting officer who is given a direction under paragraph (3)(a) must—

(a) begin the re-count as soon as practicable, and

(b) if the officer does not begin the re-count immediately, notify the counting agents of the time and place at which it will take place.

(6) A counting officer may not make the certification under section 128(5) of the 2000 Act until directed to do so under paragraph (3)(b).