- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made).
49.—(1) The CRO must—
(a)open the ballot boxes from each polling station together, in the presence of the counting agents appointed for the purposes of the election and any other Authority election with which is its combined,
(b)cause the electronic counting system to count such of the postal ballot papers as have been duly returned in accordance with paragraphs (2) and (3) and record separately the number counted,
(c)not mix the contents of any ballot box with the contents of any other ballot box during the conduct of any count or re-count.
(2) A postal ballot paper must not be taken to be duly returned unless—
(a)it is returned in the manner set out in paragraph (3) and reaches the CRO or any polling station in the Assembly constituency that includes the electoral area for which the elector is registered as a local government elector, before the close of the poll,
(b)the postal voting statement, duly signed, is also returned in the manner set out in paragraph (3) and reaches him or such polling station before that time,
(c)the postal voting statement also states the date of birth of the elector or proxy (as the case may be), and
(d)in a case where the steps for verifying the date of birth and signature of an elector or proxy have been prescribed by regulations made under the 1983 Act(1), the CRO (having taken such steps) verifies the date of birth and signature of the elector or proxy (as the case may be).
(3) The manner in which any postal paper or postal voting statement may be returned—
(a)to the CRO, is by hand or by post,
(b)to a polling station in the Assembly constituency, is by hand.
(4) After completing the proceedings under paragraph (1), the CRO must cause the electronic counting system to process the ballot papers so as to count—
(a)the number of ballot papers, and
(b)votes given on the ballot papers.
(5) The CRO must not cause the electronic counting system to count any tendered ballot paper.
(6) The CRO must verify each ballot paper account by comparing it with the number of ballot papers processed by the electronic counting system, and the unused and spoilt ballot papers in his possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and must draw up a statement as to the result of the verification, which any election agent may copy.
(7) The CRO, while verifying the ballot paper accounts and counting the votes, must take all proper precautions for preventing any person from seeing the numbers printed on the back of the papers.
(8) The CRO must so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that the hours between 5 in the afternoon and 10 on the following morning may be excluded.
(9) At an ordinary election, the hours between 5 in the afternoon and 10 on the following morning may only be excluded with the prior consent of the GLRO.
(10) During the time so excluded the CRO must—
(a)place the ballot papers and other documents relating to the election under his own seal and the seals of such of the counting agents as desire to affix their seals, and
(b)otherwise take proper precautions for the security of the papers and documents.
See regulation 85 and 85A of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341), which were inserted by S.I. 2006/2910.
The Whole Instrument 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?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument 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?
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?
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.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: