Parliamentary Voting System and Constituencies Act 2011

Directions by Chief Counting Officer to Chief Electoral Officer

5 (1) The reference in paragraph 5(5)(a) of Schedule 1 to a counting officer’s functions includes (subject to sub-paragraph (5)) the functions of the Chief Electoral Officer that are conferred by—

(a) the relevant provisions of the Assembly Elections Rules;

(b) the relevant provisions of the Local Elections Rules;

(c) Part 5 of the Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741) or Part 3 of Schedule 2 to the Local Elections (Northern Ireland) Order 1985 (S.I. 1985/454) (issue and receipt of postal ballot papers);

(d) paragraph 33(1), (2)(b) and (6) below.

(2) The reference in paragraph 5(5)(c) of that Schedule to information that a counting officer has or is entitled to have includes information that the Chief Electoral Officer has, or is entitled to have, by virtue of exercising those functions.

(3) The relevant provisions of the Assembly Elections Rules are—

(a) rule 19A (corresponding number list);

(b) rule 23(2) (notice of situation of polling stations etc);

(c) rule 24 (postal ballot papers);

(d) rule 25 (provision of polling stations);

(e) in rule 26 (appointment of presiding officers and clerks), paragraph (1) to the extent that it concerns the appointment of presiding officers and clerks to assist them, and paragraph (2);

(f) rule 29 (equipment of polling stations);

(g) rule 31(a) (notification of requirement of secrecy at polling stations);

(h) rule 31A (return of postal ballot papers);

(i) rule 32(3) (certificate as to employment);

(j) rule 33(2)(b) (authorisation to remove person from polling station).

(4) The relevant provisions of the Local Elections Rules are—

(a) rule 16A (corresponding number list);

(b) rule 20(2) (notice of situation of polling stations etc);

(c) rule 21 (postal ballot papers);

(d) rule 22 (provision of polling stations);

(e) in rule 23 (appointment of presiding officers and clerks), paragraph (1) to the extent that it concerns the appointment of presiding officers and clerks to assist them, and paragraph (2);

(f) rule 26 (equipment of polling stations);

(g) rule 28(a) (notification of requirement of secrecy at polling stations);

(h) rule 29(3) (certificate as to employment);

(i) rule 30(2)(b) (authorisation to remove person from polling station).

(5) Functions of the Chief Electoral Officer conferred by—

(a) a provision referred to in sub-paragraph (1)(c), (3)(c) or (h) or (4)(c),

(b) rule 19A of the Assembly Elections Rules to the extent that it relates to ballot papers issued in pursuance of rule 24(1) of those rules,

(c) rule 16A of the Local Elections Rules to the extent that it relates to ballot papers issued in pursuance of rule 21(1) of those rules, or

(d) paragraph 33(2)(b) below,

fall within sub-paragraph (1) only where the Chief Electoral Officer decides that the proceedings on the issue and receipt of postal ballot papers in respect of the referendum and the relevant elections are to be taken together.

(6) The Chief Electoral Officer may not decide that the proceedings on the issue and receipt of postal ballot papers in respect of the referendum and the relevant elections are to be taken together unless the Chief Counting Officer agrees.