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39. For rule 44(1) and (2) of the principal area election rules substitute—
“(1) Where the returning officer at the principal area election discharges the functions specified in paragraph 2 of Schedule 4 to the National Assembly for Wales (Representation of the People) Order 2007, he must—
(a)make arrangements for—
(i)discharging the functions under rule 45(1) (as substituted by Schedule 4 to the National Assembly for Wales (Representation of the People) Order 2007) in the presence of the counting agents appointed for the purposes of the principal area election and Assembly election as soon as practicable after the close of the poll; and
(ii)thereafter counting the votes at the principal area election in the presence of the agents appointed for the purpose of that election; and
(b)give to the counting agents appointed for the purpose of those elections notice in writing of the time and place at which he will begin to discharge the functions under rule 45(1) (as so substituted).
(2) Where the returning officer at the principal area election does not discharge the functions specified in paragraph 2 of Schedule 4 to the National Assembly for Wales (Representation of the People) Order 2007, he shall make arrangements for counting the votes in the presence of the counting agents appointed for the purposes of the principal area election as soon as practicable after the delivery of the ballot papers to him by the returning officer who does discharge those functions, and shall give to the counting agents notice in writing of the time at which he will begin to count the votes if by then he has received the ballot papers and of the place at which that count will take place.”.
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