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Parliamentary Voting System and Constituencies Act 2011

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This is the original version (as it was originally enacted).

Disposal of documents etc

Packets of documents

52(1)The counting officer may not open the sealed packets of—

(a)the completed corresponding number lists for an Assembly election, or

(b)marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act), and lists of proxies, for an Assembly election.

(2)Rule 66(3) of the Assembly Elections Rules has effect as if sub-paragraphs (b) and (d) were omitted.

Delivery and retention of documents

53(1)Rules 50(1)(a) and 52 of the referendum rules apply to the specified documents.

(2)The specified documents are those specified in rule 67(1)(e), (f) and (h) of the Assembly Elections Rules.

(3)Rule 68 of the Assembly Elections Rules applies to the specified documents as if references to the relevant registration officer were to the registration officer to whom the documents were forwarded under rule 50(1)(a) of the referendum rules.

(4)Except for the purposes of this paragraph, rule 67 of the Assembly Elections Rules has effect as if it did not include a reference to the specified documents (and as if paragraph (2) were omitted).

(5)Regulation 121 of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) has effect in relation to an Assembly election—

(a)as if, in the definition of “relevant Assembly election documents”, the reference to rule 69(1) of Schedule 5 to the 2007 Order included a reference to rule 52 of the referendum rules as applied by this paragraph;

(b)as if, in paragraph (2), the reference to documents forwarded under rule 67(1)(h) of Schedule 5 to the 2007 Order were to documents forwarded under rule 50(1)(a) of the referendum rules as so applied.

(6)Rule 68(8) of the Assembly Elections Rules has effect as if after “rule” there were inserted “(or a court order)”.

Countermand or abandonment of poll on death of candidate

54Where an Assembly election is countermanded, or polling is abandoned, because of the death of a candidate, this does not affect the poll for the referendum.

55(1)Rule 76 of the Assembly Elections Rules has effect as if it were modified in accordance with sub-paragraphs (2) to (4).

(2)In paragraph (2) after “constituency returning officer” insert “or counting officer”.

(3)For paragraph (3) substitute—

(3)After the close of any polls that are being taken together with the poll that has been abandoned, the counting officer must—

(a)separate the ballot papers for the abandoned poll, and

(b)deliver or cause to be delivered to the constituency returning officer the ballot papers and other documents relating to the abandoned poll.

(3A)Paragraphs (4) to (9) apply in relation to the election for which the poll has been abandoned.

(4)Sub-paragraph (3) applies instead of rule 76(10) of the Assembly Elections Rules.

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