The National Assembly for Wales Referendum (Assembly Act Provisions) (Referendum Question, Date of Referendum Etc.) Order 2010

Persons entitled to be present at proceedings on receipt of postal ballot papers

3.—(1) Without prejudice to the provisions of sections 6A, 6B, 6C, 6D or 6E of the 2000 Act, no person may be present at the proceedings on the receipt of postal ballot papers other than—

(a) the counting officer and the counting officer’s staff;

(b) a referendum agent; and

(c) agents appointed in accordance with the following provisions of this paragraph.

(2) Each referendum agent may appoint one or more agents to attend the proceedings on the receipt of the postal ballot papers up to the number the referendum agent may be authorised by the counting officer to appoint so, however, that the number authorised must be the same in the case of each referendum agent.

(3) Notice in writing of any appointment stating the name and address of each person appointed must be given by the referendum agent to the counting officer before the time fixed for the opening of the postal voters’ ballot boxes.

(4) If an agent dies or becomes incapable of acting, the referendum agent may appoint another agent in that agent’s place and must forthwith give to the counting officer notice in writing of the name and address of the agent appointed.

(5) A referendum agent may do any act or thing which any agent, if appointed under this paragraph, would have been authorised to do or may assist the agent in doing any such act or thing.

(6) Where in this Schedule any act or thing is required or authorised to be done in the presence of the referendum agent or their agents, the non-attendance of any such person at the time and place appointed for the purpose does not, if the act or thing is otherwise duly done, invalidate the act or thing done.

(7) In this Schedule references to agents are to be taken as references to agents whose appointments have been duly made and notified and, in the case of agents appointed under sub-paragraph (2), who are within the number authorised by the constituency returning officer.