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44.—(1) The returning officer must make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the close of the poll, and must give to the counting agents notice in writing of the time and place at which he will begin to count the votes.
(2) No person other than—
(a)the returning officer and his clerks,
(b)the candidates and one other person chosen by each of them,
(c)the election agents (if appointed),
(d)the counting agents,
(e)persons who are entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000 M1,
may be present at the counting of the votes, unless permitted by the returning officer to attend.
(3) A person not entitled to attend at the counting of the votes shall not be permitted to do so by the returning officer unless he—
(a)is satisfied that the efficient counting of the votes will not be impeded; and
(b)has either consulted the candidates or thought it impracticable to do so.
(4) The returning officer must give the counting agents all such reasonable facilities for overseeing the proceedings, and all such information with respect to them, as he can give them consistently with the orderly conduct of the proceedings and the discharge of his duties in connection with them.
(5) In particular, where the votes are counted by sorting the ballot papers according to the candidate for whom the vote is given and then counting the number of ballot papers for each candidate, the counting agents shall be entitled to satisfy themselves that the ballot papers are correctly sorted.
Marginal Citations
M1Sections 6A to 6F of the Political Parties, Elections and Referendums Act 2000 (c.41) were inserted by section 29 of the Electoral Administration Act 2006 (c.22).
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