Parliamentary Voting System and Constituencies Act 2011

Attendance and arrangements for counting

44 (1) The constituency returning officer must make arrangements for counting the votes for the Scottish parliamentary election 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 47.

(2) The constituency returning officer must give the counting agents for the Scottish parliamentary election 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 a Scottish parliamentary election only if—

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

(b) the person would be entitled to be present at the counting of votes for the Scottish parliamentary 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 Scottish parliamentary election—

(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 the Scottish parliamentary election are entitled to satisfy themselves that the ballot papers are correctly sorted.