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The Representation of the People (Combination of Polls) (England and Wales) (Amendment) Regulations 2015

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1.—(1) These Regulations may be cited as the Representation of the People (Combination of Polls) (England and Wales) (Amendment) Regulations 2015 and come into force on 7th May 2015.

(2) These Regulations extend to England and Wales only.

Amendment to the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004

2.—(1) Paragraph 22 of Schedule 2 to the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004(1) is amended as follows.

(2) For the substituted paragraph (1AB) for rule 45 of the parliamentary elections rules substitute—

(1AB) The returning officer shall count the votes given on the ballot papers used at the parliamentary election, but shall not count—

(a)the votes given on postal ballot papers until the proceedings under paragraph (1)(c) and (d) above have been completed in relation to those papers and they have been mixed with the ballot papers from at least one ballot box; or

(b)the votes given on ballot papers from a ballot box until the proceedings under paragraph (1)(a), (b) and (d) have been completed in relation to those papers and they have been mixed with the ballot papers from at least one other box.

(3) For the substituted paragraph (1AC)(c) for rule 45 of the parliamentary elections rules substitute—

(c)count the votes given on the ballot papers, but shall not count—

(i)the votes given on postal ballot papers until they have been mixed with the ballot papers from at least one ballot box; or

(ii)the votes given on ballot papers from a ballot box until they have been mixed with the ballot papers from at least one other ballot box.

3.  After paragraph 24 of Schedule 2 to the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004, insert—

24A.  In rule 50 (declaration of result), after paragraph (2) insert—

(3) But the returning officer shall not declare a candidate to be elected under paragraph (1) or (2)—

(a)in a case where the returning officer discharges the functions specified in Regulation 5 of the Combination of Polls Regulations, until after the returning officer has completed proceedings under rule 45(1) (as substituted by Regulation 8 of those Regulations);

(b)in a case where the returning officer does not discharge the functions specified in Regulation 5 of the Combination of Polls Regulations, until after proceedings corresponding to those mentioned in sub-paragraph (a) have been completed by the returning officer who does discharge those functions (“the other returning officer”).

(4) The corresponding proceedings referred to in paragraph (3)(b) are proceedings under provision corresponding to rule 45(1) (as substituted by Regulation 8 of the Combination of Polls Regulations) made by or under any enactment in relation to the election or referendum at which the other returning officer has functions.

Signed by the authority of the Lord President of the Council

Sam Gyimah

Minister for the Constitution

Cabinet Office

9th March 2015

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