The Neighbourhood Planning (Referendums) Regulations 2012

[F1 Orders for production of documents E+W

73.— (1) An order—

(a) for the inspection or production of any rejected ballot papers in the custody of the business registration officer; or

(b) for the opening of a sealed packet of the completed corresponding number lists or certificates as to employment on duty on the day of the poll or for the inspection of any counted ballot papers in the business registration officer’s custody,

may be made by a county court or the High Court, if the court is satisfied by evidence on oath that the order is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers or for the purpose of proceedings brought as mentioned in section 61N(3) of the 1990 Act.

(2) An order under this rule may be made subject to such conditions as to—

(a) persons;

(b) time;

(c) place and mode of inspection;

(d) production or opening,

as the court making the order may think expedient.

(3) In making and carrying into effect an order for the opening of a packet of the completed corresponding number lists or of certificates as to employment on duty on the day of the poll or for the inspection of counted ballot papers, care must be taken that the way in which the vote of any particular named voter or business vote holder has been given is not disclosed until it has been proved—

(a) that their vote was given; and

(b) that the vote has been declared by a competent court to be invalid.

(4) An appeal lies to the High Court from any order of a county court under this rule.

(5) Any power given under this rule to a county court may be exercised by any judge of the court otherwise than in open court.

(6) Where an order is made for the production by the business registration officer of any document in the business registration officer’s possession relating to any specified business referendum—

(a) the production by the business registration officer or that officer’s agent of the document ordered in such manner as may be directed by that order is conclusive evidence that the document relates to the specified business referendum; and

(b) any endorsement on any packet of ballot papers so produced is prima facie evidence that the ballot papers are what they are stated to be by the endorsement.

(7) The production from proper custody of—

(a) a ballot paper purporting to have been used at any business referendum; and

(b) a completed corresponding number list with a number marked in writing beside the number of the ballot paper,

is prima facie evidence that the person whose vote was given by that ballot paper was the person whose entry in the business voting register at the time of the business referendum contained the same number as the number written as mentioned in sub-paragraph (b) of this paragraph.

(8) Save as by this rule provided, no person is to be allowed to inspect any rejected or counted ballot papers in the possession of the business registration officer or open any sealed packets of the completed corresponding number lists or of certificates as to employment on duty on the day of the poll.]

Textual Amendments

F1 Sch. 7 inserted (6.4.2013) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2013 (S.I. 2013/798), regs. 1, 7, Sch. 2