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European Union Referendum Act 2015

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This is the original version (as it was originally enacted).

Counting officers etc: correction of procedural errors

This section has no associated Explanatory Notes

9(1)A Regional Counting Officer or counting officer may take whatever steps the officer thinks appropriate to remedy any act or omission on the part of the officer or a relevant person that—

(a)arises in connection with any function that the officer or relevant person has in relation to the referendum, and

(b)is not in accordance with any requirements applicable to the referendum imposed as described in sub-paragraph (4) or otherwise.

(2)A re-count of votes in reliance on sub-paragraph (1) may only be conducted in the circumstances (if any) specified in conduct regulations or Gibraltar conduct law (as the case may be).

(3)For the purposes of this paragraph each of the following is a “relevant person”—

(a)a registration officer;

(b)the European electoral registration officer for Gibraltar (within the meaning of section 14 of the European Parliament (Representation) Act 2003);

(c)a clerk of, or a person providing goods or services to, the Regional Counting Officer or the counting officer;

(d)any person designated by conduct regulations or Gibraltar conduct law as a relevant person for the purposes of this sub-paragraph;

(e)a deputy or assistant of—

(i)the Regional Counting Officer or the counting officer, or

(ii)a person mentioned in paragraph (a), (b), (c) or (d).

(4)For the purposes of sub-paragraph (1)(b) requirements are imposed as described in this sub-paragraph if they are imposed—

(a)by or under this Act, or

(b)in the case of the Regional Counting Officer (if any) appointed for the South West and Gibraltar region, the counting officer for the Gibraltar voting area or a Gibraltar relevant person, by any provision of law made in and for Gibraltar.

(5)For the purposes of sub-paragraph (4)(b) each of the following relevant persons is a “Gibraltar relevant person”—

(a)the European electoral registration officer for Gibraltar (within the meaning of section 14 of the European Parliament (Representation) Act 2003);

(b)a clerk of the Regional Counting Officer (if any) appointed for the South West and Gibraltar region;

(c)a person providing goods or services to the Regional Counting Officer (if any) appointed for the South West and Gibraltar region or to the counting officer for the Gibraltar voting area;

(d)any person designated by conduct regulations or Gibraltar conduct law as a relevant person for the purposes of this sub-paragraph;

(e)a deputy or assistant of—

(i)the Regional Counting Officer (if any) appointed for the South West and Gibraltar region or the counting officer for the Gibraltar voting area, or

(ii)a person mentioned in paragraph (a), (b), (c) or (d).

(6)For the purposes of sub-paragraph (3)(e) and (5)(e) a person (“A”) is an assistant of another person (“P”) if—

(a)A is appointed to assist P, or

(b)in the course of employment A is assisting P,

in connection with any function in relation to the referendum.

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