Search Legislation

Parliamentary Voting System and Constituencies Act 2011

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are currently no known outstanding effects for the Parliamentary Voting System and Constituencies Act 2011, Counting of votes. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Counting of votesE+W+S+N.I.

Attendance and arrangements for countingE+W+S+N.I.

43(1)The counting officer must make arrangements for counting the ballot papers and carrying out the other functions conferred by paragraph 47 in the presence of the counting agents.E+W+S+N.I.

(2)The counting officer must give the counting agents and the regional returning officer notice in writing of the time and place at which the proceedings under paragraph 47 will begin.

(3)A person may be present at the proceedings under paragraph 47 only if—

(a)the person is entitled to be present at the counting of the votes for the referendum or an Assembly election, or

(b)the person is permitted by the counting officer to attend.

(4)The counting officer may give a person permission under sub-paragraph (3)(b) only if—

(a)the officer is satisfied that the person's attendance will not impede the efficient conduct of the proceedings, and

(b)the officer has consulted the referendum agents and election agents or thought it impracticable to do so.

(5)The counting officer must give the counting agents—

(a)whatever reasonable facilities for overseeing the proceedings, and

(b)whatever information with respect to the proceedings,

the officer can give them consistently with the orderly conduct of the proceedings and the discharge of the officer's duties.

44Rule 39(1) of the referendum rules (arrangements for the counting of votes in the referendum) has effect with the omission of the words “after the close of the poll”.E+W+S+N.I.

45(1)The constituency returning officer must make arrangements for counting the votes for the Assembly elections in the presence of the counting agents for the election as soon as practicable after receiving the ballot papers from the counting officer under paragraph 48.E+W+S+N.I.

(2)The constituency returning officer must give the counting agents for the Assembly elections and the regional returning officer notice in writing of the time and place at which the counting of the votes for the elections will begin.

(3)A person may be present at the counting of the votes for an Assembly election only if—

(a)the person is permitted by the returning officer to attend, or

(b)the person would be entitled to be present at the counting of votes for the Assembly election if it were taken on its own.

(4)The constituency returning officer may give a person permission under sub-paragraph (3)(a) only if—

(a)the officer is satisfied that the person's attendance will not impede the efficient counting of the votes, and

(b)the officer has consulted the election agents or thought it impracticable to do so.

(5)The constituency returning officer must give the counting agents for the Assembly elections—

(a)whatever reasonable facilities for overseeing the proceedings, and

(b)whatever information with respect to the proceedings,

the officer can give them consistently with the orderly conduct of the proceedings and the discharge of the officer's duties.

(6)In particular, where the votes are counted by sorting the ballot papers into lots according to the votes marked on them and then counting the number of ballot papers in each lot, the counting agents for an Assembly election are entitled to satisfy themselves that the ballot papers are correctly sorted.

46Paragraphs 43 and 45 apply instead of rule 54 of the Assembly Elections Rules.E+W+S+N.I.

Counting and separation of ballot papers by counting officerE+W+S+N.I.

47(1)As soon as practicable after the close of the poll the counting officer must—E+W+S+N.I.

(a)in the presence of the counting agents, open each ballot box and count and record separately the number of ballot papers relating to the referendum, the Assembly constituency election and the Assembly regional election;

(b)where proceedings on the issue and receipt of postal ballot papers for the referendum and the Assembly elections are taken together by virtue of paragraph 2 of Schedule 3 to the Welsh Assembly Order, count the postal ballot papers that have been duly returned for the referendum, the Assembly constituency election and the Assembly regional election and record separately the number relating to each;

(c)where proceedings on the issue and receipt of postal ballot papers for the referendum and the Assembly elections are not taken together by virtue of paragraph 2 of Schedule 3 to the Welsh Assembly Order, count the postal ballot papers that have been duly returned for the referendum and record the number;

(d)separate the ballot papers relating to the referendum, the Assembly constituency election and the Assembly regional election.

(2)The counting officer must not count any tendered ballot papers.

(3)The counting officer, while counting and recording the number of ballot papers, must—

(a)keep the ballot papers with their faces upwards, and

(b)take all proper precautions for preventing anyone from seeing the numbers or other unique identifying marks printed on the back of the papers.

(4)The counting officer must, in the presence of the referendum agents and the election agents for the Assembly elections—

(a)verify each ballot paper account by comparing it with the number of ballot papers recorded by the officer, and the unused and spoilt ballot papers in the officer's possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list);

(b)draw up a separate statement as to the result of the verification in relation to each poll.

(5)An election agent for an Assembly election may copy the statement relating to that Assembly election.

(6)A counting agent for the referendum present at the verification may copy the statement relating to the referendum.

(7)Once the statement relating to the referendum 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.

(8)Rule 40 of the referendum rules does not apply.

Delivery of ballot papers etc to returning officersE+W+S+N.I.

48(1)The counting officer must deliver or cause to be delivered to the constituency returning officer the ballot papers for the Assembly elections.E+W+S+N.I.

(2)The counting officer must also deliver or cause to be delivered to the constituency returning officer—

(a)the ballot paper accounts and the statement as to the result of the verification of the ballot paper accounts for the Assembly elections;

(b)the packets of unused and spoilt ballot papers for the Assembly elections;

(c)the packets of tendered ballot papers for the Assembly elections;

(d)the packets of certificates as to employment on duty on the day of the poll for the Assembly elections.

(3)If the counting officer has not begun to count the votes given on the referendum ballot papers by the time the statements as to the result of the verification of the ballot paper accounts in relation to all the polls are prepared—

(a)those ballot papers must be sealed into packets, each of which must be endorsed with a description of its contents, and

(b)the packets may not be opened until the counting officer begins dealing with the ballot papers in those packets under paragraph 49(1).

(4)If, in respect of an Assembly constituency election or an Assembly regional election, none of the ballot papers have been delivered under sub-paragraph (1) by the time the statements as to the result of the verification of the ballot paper accounts in relation to all the polls are prepared—

(a)the ballot papers for that election must be sealed into packets, each of which must be endorsed with a description of its contents, and

(b)the packets may not be opened until the constituency returning officer begins dealing with the ballot papers in those packets under paragraph 49(3).

Counting of votesE+W+S+N.I.

49(1)The counting officer must count the votes given on the ballot papers for the referendum, but must not do so until—E+W+S+N.I.

(a)in the case of postal ballot papers, they have been mixed with the ballot papers from at least one ballot box;

(b)in the case of ballot papers from a ballot box, they have been mixed with the ballot papers from at least one other ballot box.

(2)Where proceedings on the issue and receipt of postal ballot papers for the Assembly elections are not taken together with those for the referendum, the constituency returning officer must count the postal ballot papers that have been duly returned for the Assembly constituency election and the Assembly regional election and record separately the number relating to each.

(3)The constituency returning officer must count the votes given on the ballot papers for each Assembly election, but must not do so until—

(a)in the case of postal ballot papers, they have been mixed with the ballot papers from at least one ballot box;

(b)in the case of ballot papers from a ballot box, they have been mixed with the ballot papers from at least one other ballot box.

(4)The counting or constituency returning officer, while counting the votes, must—

(a)keep the ballot papers with their faces upwards, and

(b)take all proper precautions for preventing anyone from seeing the numbers or other unique identifying marks printed on the back of the papers.

(5)The counting or constituency returning officer must so far as practicable proceed continuously with the counting of votes, allowing only time for refreshment, except that—

(a)the officer may exclude the whole or any part of the period between 7 pm and 9 am on the next day;

(b)the officer may exclude a day mentioned in rule 2(1) of the referendum rules.

(6)During the time so excluded the counting or constituency returning officer must—

(a)place the ballot papers and other documents relating to the referendum or Assembly election under the officer's own seal and the seals of any of the counting agents who want to affix their seals, and

(b)otherwise take proper precautions for the security of the papers and documents.

(7)This paragraph and paragraph 50 apply instead of rule 55 of the Assembly Elections Rules.

Ballot papers placed in wrong ballot boxE+W+S+N.I.

50Where separate ballot boxes are used for the referendum, the Assembly constituency election and the Assembly regional election, the placing of a ballot paper in the wrong ballot box does not render it void.E+W+S+N.I.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources