The Greater London Authority Elections (Amendment) Rules 2004

Attendance at counting of votes

42.—(1) Where the CRO discharges the functions specified in regulation 5 of the Combination of Polls Regulations he shall—

(a) make arrangements for—

(i) discharging the functions in rule 43(1)(the local count) in the presence of the counting agents appointed for the purposes of the Mayoral election and each relevant election or referendum as soon as practicable after the close of the poll, and

(ii) thereafter counting the votes at the election in the presence of those counting agents appointed for the purposes of the Mayoral election; and

(b) give to the counting agents appointed for the purposes of the Mayoral election and each relevant election or referendum, notice in writing of the time and place at which he will begin to discharge the functions under rule 43(1).

(2) Where the CRO does not discharge the functions first mentioned in paragraph (1) he shall 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 returning officer who does discharge those functions; and the CRO shall give to the counting agents notice in writing of the time and place at which he will begin to count the votes.

(3) No person other than a person entitled to be present at the counting of the votes at the Mayoral election and each relevant election or referendum may be present at the proceedings under rule 43(1), unless permitted by the CRO to attend.

(4) No person other than—

(a) the CRO and his clerks,

(b) the candidates and their husbands or wives,

(c) the election agents,

(d) the counting agents, and

(e) any person authorised by the Electoral Commission(1) to attend at the counting of the votes as a representative of the Commission,

may be present at the counting of the votes under paragraphs (2) to (15) of rule 43, unless permitted by the CRO to attend.

(5) A person not entitled to attend at the proceedings under rule 43(1) or the counting of the votes under paragraphs (2) to (15) of rule 43 shall not be permitted to do so by the CRO unless the CRO—

(a) is satisfied that the efficient separation and verification 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 candidates or thought it impracticable to do so.

(6) The CRO shall 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.

(1)

The Electoral Commission is established by section 1 of the Political Parties, Elections and Referendums Act 2000 (c. 41).