The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007

Attendance at the count

46.—(1) Where the returning officer at the mayoral election discharges the functions specified in regulation 5 of the Combination of Polls Regulations, he must—

(a) make arrangements for—

(i) discharging the functions referred to in rule 47(1) in the presence of the counting agents appointed for the purposes of the mayoral election and those appointed for the purpose of each relevant election or referendum as soon as practicable after the close of the poll, and

(ii) thereafter counting the votes at the mayoral election in the presence of the agents appointed for the purpose of that election, and

(b) give to the counting agents appointed for the purposes of the mayoral election and those appointed for the purpose of each relevant election or referendum notice in writing of the time and place at which he will begin to discharge the functions under rule 47(1).

(2) Where the returning officer at the mayoral election does not discharge the functions specified in regulation 5 of the Combination of Polls Regulations, he shall—

(a) make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the delivery of the ballot papers to him by the person who does discharge those functions; and

(b) give to the counting agents notice in writing of the time, if by then he has received the ballot papers, and of the place at which he will begin to count the votes; and

(3) No person other than—

(a) the returning officer and his clerks,

(b) the candidates and one other person chosen by each of them,

(c) the election agents,

(d) the counting agents, and

(e) persons who are entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000,

may be present at the counting of the votes under rule 47(2) to (13), unless permitted by the returning officer to attend.

(4) No person other than a person entitled to be present at the counting of the votes at the mayoral election under rule 47(2) to (13) or at a relevant election or referendum may be present at the proceedings under rule 47(1) unless permitted by the returning officer to attend.

(5) A person not entitled to attend at the proceedings under rule 47(1) or the counting of the votes under rule 47(2) to (13) shall not be permitted to do so by the returning officer unless he—

(a) is satisfied that the efficient separation of the ballot papers or, as the case may be, the efficient counting of the votes will not be impeded; and

(b) has either consulted the election agents or thought it impracticable to do so.

(6) The returning officer must give the counting agents all such reasonable facilities for overseeing the proceedings, and all such information with respect to them, as he can give them consistently with the orderly conduct of the proceedings and the discharge of his duties in connection with them.

(7) In particular, where the votes are counted by sorting the ballot papers according to the candidate for whom the vote is given and then counting the number of ballot papers for each candidate, the counting agents shall be entitled to satisfy themselves that the ballot papers are correctly sorted.