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(a)a postal vote has been returned in respect of a person who is entered on the postal voters list; or
(b)a proxy postal vote has been returned in respect of a proxy who is entered on the proxy postal voters list,
the relevant returning or counting officer must mark the list in the manner prescribed by regulations made under the 1983 Act(1).
(2) In paragraph (1) for “relevant returning or counting officer” substitute “counting officer” where proceedings on the issue and receipt of postal ballot papers at the referendum are not taken together with such proceedings at one or more relevant elections or referendums.
(3) Rule 38(5) does not apply for the purpose of determining whether, for the purposes of this rule, a postal vote or a proxy postal vote is returned.
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 accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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