SCHEDULES
SCHEDULE 3

FURTHER PROVISION ABOUT THE REFERENDUM

Counting officers etc: correction of procedural errors
9
1
A Regional Counting Officer or counting officer may take whatever steps the officer thinks appropriate to remedy any act or omission on the part of the officer or a relevant person that—
a
arises in connection with any function that the officer or relevant person has in relation to the referendum, and
b
is not in accordance with any requirements applicable to the referendum imposed as described in sub-paragraph (4) or otherwise.
2
A re-count of votes in reliance on sub-paragraph (1) may only be conducted in the circumstances (if any) specified in conduct regulations or Gibraltar conduct law (as the case may be).
3
For the purposes of this paragraph each of the following is a “relevant person”—
a
a registration officer;
b
the European electoral registration officer for Gibraltar (within the meaning of section 14 of the European Parliament (Representation) Act 2003);
c
a clerk of, or a person providing goods or services to, the Regional Counting Officer or the counting officer;
d
any person designated by conduct regulations or Gibraltar conduct law as a relevant person for the purposes of this sub-paragraph;
e
a deputy or assistant of—
i
the Regional Counting Officer or the counting officer, or
ii
a person mentioned in paragraph (a), (b), (c) or (d).
4
For the purposes of sub-paragraph (1)(b) requirements are imposed as described in this sub-paragraph if they are imposed—
a
by or under this Act, or
b
in the case of the Regional Counting Officer (if any) appointed for the South West and Gibraltar region, the counting officer for the Gibraltar voting area or a Gibraltar relevant person, by any provision of law made in and for Gibraltar.
5
For the purposes of sub-paragraph (4)(b) each of the following relevant persons is a “Gibraltar relevant person”—
a
the European electoral registration officer for Gibraltar (within the meaning of section 14 of the European Parliament (Representation) Act 2003);
b
a clerk of the Regional Counting Officer (if any) appointed for the South West and Gibraltar region;
c
a person providing goods or services to the Regional Counting Officer (if any) appointed for the South West and Gibraltar region or to the counting officer for the Gibraltar voting area;
d
any person designated by conduct regulations or Gibraltar conduct law as a relevant person for the purposes of this sub-paragraph;
e
a deputy or assistant of—
i
the Regional Counting Officer (if any) appointed for the South West and Gibraltar region or the counting officer for the Gibraltar voting area, or
ii
a person mentioned in paragraph (a), (b), (c) or (d).
6
For the purposes of sub-paragraph (3)(e) and (5)(e) a person (“A”) is an assistant of another person (“P”) if—
a
A is appointed to assist P, or
b
in the course of employment A is assisting P,
in connection with any function in relation to the referendum.