The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2009

Regulation 38

SCHEDULE 1

Regulation 6

“SCHEDULE 1 EUROPEAN PARLIAMENTARY ELECTIONS RULES

PART 1 PROVISIONS AS TO TIME

Timetable

1.— (1) The proceedings at the election must be conducted in accordance with the following timetable.

Timetable

Proceeding	Time
Publication of notice of election	Not later than the twenty-fifth day before the date of the poll.
Delivery of nomination papers	Between the hours of 10 a.m. and 4 p.m. on any day after the date of the publication of the notice of election but not later than the 19th day before the date of the poll.
Delivery of notices of withdrawals of candidature	Within the time for the delivery of nomination papers at the election.
The making of objections to nomination papers	During the hours allowed for delivery of nomination papers on the last day for their delivery and the hour following; but (a) no objection may be made in the afternoon of that last day except to a nomination paper delivered within 24 hours of the last time for its delivery, and in the case of a nomination paper so delivered no objection may be so made to the sufficiency or nature of the particulars of a candidate unless made at or immediately after the time of the delivery of the nomination paper; and (b) the foregoing provisions do not apply to objections made in pursuance of rule 15(2).
Publication of statement of candidates nominated	If no objections to nomination papers are made, at the close of the time for doing so, or if any such objections are made, not before they are disposed of, but not later than 24 hours after the last time for delivery of nomination papers.
Polling	Between the hours of 7 a.m. and 10 p.m. on the day of the poll.

(2) A reference in these rules to the timetable is a reference to the timetable in paragraph (1).

Computation of time

2.— (1) In computing any period of time for the purposes of the timetable—

(a) a Saturday or Sunday,

(b) Christmas Eve, Christmas Day, Good Friday or a bank holiday, or

(c) a day appointed for public thanksgiving or mourning,

must be disregarded, and any such day must not be treated as a day for the purpose of any proceedings up to the completion of the poll nor must the returning officer be obliged to proceed with the counting of the votes on such a day.

(2) In this rule “bank holiday” means—

(a) in relation to a general election, a day which is a bank holiday under the Banking and Financial Dealings Act 1971(1) in any part of the United Kingdom,

(b) in relation to a by-election, a day which is a bank holiday under that Act in Northern Ireland,

but at a general election sub-paragraph (b) and not sub-paragraph (a) of this paragraph applies in relation to any proceedings extending, by reason of riot or open violence, beyond the time laid down by the timetable.

PART 2 STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS

Notice of election

3.— (1) The returning officer must publish notice of the election, stating—

(a) the place and times at which nomination papers are to be delivered, and

(b) the date of the poll in the event of a contest,

and the notice must state that forms of nomination paper may be obtained at that place and those times.

(2) The notice of election must also state the arrangements which apply for the payment of the deposit required by rule 8 to be made by means of the electronic transfer of funds.

(3) The notice of election must state the date by which (except in such circumstances as are provided for in paragraph 8 of Schedule 2)—

(a) applications to vote by post or by proxy, and

(b) other applications and notices about postal or proxy voting,

must reach the registration officer in order that they may be effective for the election.

Nomination of candidates

4.— (1) Each candidate must be nominated by a separate nomination paper, which is signed and delivered by the candidate himself or a person authorised in writing by him.

(2) The nomination paper must state the candidate's—

(a) full names,

(b) home address in full, and

(c) if desired, description,

and the surname must be placed first in the list of his names.

(3) If a candidate commonly uses—

(a) a surname which is different from any other surname he has, or

(b) a forename which is different from any other forename he has,

the nomination paper may state the commonly used surname or forename in addition to the other name.

(4) The description (if any) can only be—

(a) a description which is authorised as mentioned in rule 5(1) or (3), or

(b) the word “Independent”.

(5) Where a nomination paper is delivered in respect of the same person after an earlier paper in respect of that person has been delivered, that later paper must be deemed to supersede the earlier one.

(6) A nomination paper may consist of a single sheet or of two or more sheets securely fastened together.

(7) The returning officer must supply any elector (within the meaning of regulation 58(4)) with a form of nomination paper at the place and during the time for delivery of nomination papers but it is not necessary for a nomination to be on a form supplied by the returning officer.

Nomination papers: name of registered political party

5.— (1) A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with a registered political party unless the party is a qualifying party in relation to the electoral region and the description is authorised by a certificate—

(a) issued by or on behalf of the registered nominating officer of the party, and

(b) received by the returning officer before the last time for the delivery of nomination papers set out in the timetable.

(2) In paragraph (1) an authorised description may be either—

(a) the name of the party registered under section 28 of the 2000 Act, or

(b) a description of the party registered under section 28A(2) of that Act.

(3) A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with two or more registered political parties unless—

(a) the candidate is standing on behalf of two or more registered parties,

(b) each of the parties is a qualifying party in relation to the electoral region, and

(c) the description is a registered description authorised by a certificate—

(i) issued by or on behalf of the registered nominating officer of each of the parties, and

(ii) received by the returning officer before the last time for the delivery of nomination papers set out in the timetable.

(4) For the purposes of paragraph (3), a description is a registered description if it is a description registered for use by the parties under section 28B of the 2000 Act.

(5) A person shall be guilty of a corrupt practice if he fraudulently purports to be authorised to issue a certificate under paragraph (1) or (3) on behalf of a registered political party’s registered nominating officer.

(6) For the purposes of the application of this rule in relation to an election—

(a) “registered political party” means a party which was registered under Part 2 of the 2000 Act on the day (“the relevant day”) which is two days before the last day for the delivery of nomination papers at that election, and

(b) a registered political party is a qualifying party if the party was at the relevant time in the Northern Ireland register mentioned under that Part of that Act.

(7) For the purposes of paragraph (6)(a) any day falling within rule 2(1) must be disregarded.

Consent to nomination

6.— (1) A person shall not be validly nominated as a candidate unless his consent to nomination—

(a) is given in writing on or within one month before the day fixed as the last day for the delivery of nomination papers,

(b) is attested by one witness, and

(c) is delivered at the place and within the time for the delivery of nomination papers, subject to paragraph (2).

(2) If the returning officer is satisfied that owing to the absence of a person from the United Kingdom it has not been reasonably practicable for his consent in writing to be given, a telegram (or any similar means of communication) consenting to his nomination and purporting to have been sent by him shall be deemed for the purposes of this rule to be consent in writing given by him on the day on which it purports to have been sent, and attestation of his consent is not required.

(3) A candidate’s consent given under this rule must state the day, month and year of his birth, and—

(a) that he is aware of the provisions of section 10 of the European Parliamentary Elections Act 2002(3), and

(b) that to the best of his knowledge and belief he is not disqualified for the office of MEP.

Candidature by relevant citizen of the Union

7.— (1) Where the candidate is a relevant citizen of the Union, he shall not be validly nominated as a candidate unless a declaration under paragraph (2) and a certificate under paragraph (3) are delivered at the place and within the time for the delivery of nomination papers.

(2) The declaration referred to in paragraph (1) must be made by or on behalf of the candidate and state, in addition to his name—

(a) his nationality;

(b) his home address in the United Kingdom in full;

(c) that he is not standing as a candidate for election to the European Parliament in any other member State at elections held in the same period;

(d) where his name has been entered in a register of electors in a locality or constituency in the member State of which he is a national, the name of the locality or constituency where, so far as he knows, his name was last entered.

(3) The certificate referred to in paragraph (1) must be made by the competent administrative authorities in the member State of which the candidate is a national stating either that he has not been deprived of his right to stand as a candidate in that State or that no such disqualification is known to those authorities.

(4) As soon as practicable after publication of the statement of candidates nominated, the returning officer must send to the Secretary of State a copy of the declaration made under paragraph (2) by any candidate who stands nominated as a candidate.

(5) In this rule “locality or constituency” and “competent administrative authorities” have the same meaning as they have in the directive of the Council of the European Communities No. 93/109/EC(4).

Deposit

8.— (1) A person shall not be validly nominated as a candidate unless the sum of £5,000 is deposited by him or on his behalf with the returning officer at the place and during the time for delivery of nomination papers.

(2) The deposit may be made either—

(a) by the deposit of any legal tender, or

(b) by means of a banker’s draft, or

(c) with the returning officer’s consent, in any other manner (including by means of a debit or credit card or the electronic transfer of funds),

• but the returning officer may refuse to accept a deposit sought to be made by means of a banker’s draft if he does not know that the drawer carries on a business as a banker in the United Kingdom.

(3) Where the deposit is made on behalf of the candidate, the person making the deposit must at the time he makes it give his name and address to the returning officer (unless they have previously been given to him under regulation 34 or 35 of these Regulations).

Place for delivery of nomination papers

9.   The returning officer must fix the place in the electoral region at which nomination papers are to be delivered to him, and must attend there during the time for their delivery and for the making of objections to them.

Right to attend nomination

10.— (1) Except for the purpose of delivering a nomination paper or of assisting the returning officer, no person is entitled to attend the proceedings during the time for delivery of nomination papers or for making objections to them unless he is—

(a) a person standing nominated as a candidate, or

(b) the election agent of a candidate, or

(c) a person authorised in writing to deliver a nomination paper, or

(d) a person who is entitled to attend by virtue of section 6A or 6B of the 2000 Act(5).

(2) The right to attend conferred by this rule includes the right—

(a) to inspect, and

(b) to object to the validity of,

any nomination paper.

(3) Paragraph (2) does not apply to a person mentioned in paragraph (1)(d).

(4) One other person chosen by each candidate is entitled to be present at the delivery of the candidate’s nomination, and may afterwards, so long as the candidate stands nominated, attend the proceedings referred to in paragraph (1) but without any such right as is conferred by paragraph (2).

Decisions as to validity of nomination papers

11.— (1) Where a nomination paper and the candidate’s consent to it (and, where required, a declaration and certificate under rule 7(1) and (3)) are delivered and a deposit is made in accordance with these rules, the candidate must be deemed to stand nominated unless and until—

(a) the returning officer decides that the nomination paper is invalid, or

(b) proof is given to the returning officer’s satisfaction of the candidate’s death, or

(c) the candidate withdraws.

(2) The returning officer is entitled to hold a nomination paper of a candidate invalid only on one of the following grounds—

(a) that the particulars of the candidate are not as required by law,

(b) that the nomination paper does not otherwise comply with the requirement set out in rule 4(1), or

(c) that the candidate is disqualified by the Representation of the People Act 1981(6) (which applies in respect of the office of MEP by virtue of section 10(1)(a) of the 2002 Act).

(3) The returning officer must give his decision on any objection to a nomination paper—

(a) as soon as practicable after it is made, and

(b) in any event, before the end of the period of 24 hours starting with the close of the period for delivery of nomination papers set out in the timetable.

(4) If in the returning officer’s opinion a nomination paper breaches rule 5(1) or (3), he must give a decision to that effect—

(a) as soon as practicable after the delivery of the nomination paper, and

(b) in any event, before the end of the period of 24 hours starting with the close of the period for delivery of nomination papers set out in the timetable.

(5) Where the returning officer decides that a nomination paper is invalid, he must endorse on the paper the fact and the reasons for his decision and sign the paper.

(6) The returning officer’s decision that a nomination paper is valid is final and may not be questioned in any proceeding whatsoever.

(7) Subject to paragraph (6), nothing in this rule prevents the validity of a nomination being questioned on a European Parliamentary election petition.

Withdrawal of candidates

12.   A candidate may withdraw his candidature by notice of withdrawal—

(a) signed by him and attested by one witness, and

(b) delivered to the returning officer at the place for delivery of nomination papers.

Publication of statement of candidates nominated

13.— (1) The returning officer must prepare and publish a statement (“the statement of candidates nominated”) showing—

(a) the persons who have been and stand nominated as candidates; and

(b) any other persons who have been nominated together with the reason why they no longer stand nominated.

(2) The statement must show the names, addresses and descriptions of the persons nominated as candidates as given in their nomination papers.

(3) If a person’s nomination paper gives a commonly used surname or forename in addition to another name, the statement must show the person’s commonly used surname or forename (as the case may be) instead of any other name.

(4) Paragraph (3) does not apply if the returning officer thinks—

(a) that the use of the person’s commonly used name may be likely to mislead or confuse electors, or

(b) that the commonly used name is obscene or offensive.

(5) If paragraph (4) applies, the returning officer must give notice in writing to the candidate of his reasons for refusing to allow the use of a commonly used name.

(6) The statement must show the persons standing nominated as candidates arranged alphabetically in order of their surnames, and, if there are two or more of them with the same surname, of their other names.

(7) The returning officer must send to the Electoral Commission a copy of the statement.

Correction of minor errors

14.— (1) The returning officer may, if he thinks fit, at any time before the publication under rule 13 of the statement of candidates nominated, correct minor errors in a nomination paper.

(2) Errors which may be corrected include obvious errors of spelling in relation to the details of a candidate or the authorised description of a registered party.

(3) Anything done by the returning officer in pursuance of this rule may not be questioned in any proceedings other than proceedings on a European Parliamentary election petition.

(4) The returning officer must have regard to any guidance issued by the Electoral Commission for the purposes of this rule.

Disqualification by Representation of the People Act 1981

15.— (1) If it appears to the returning officer that any of the persons nominated as a candidate might be disqualified by the Representation of the People Act 1981(7) (which applies in respect of the office of MEP by virtue of section 10(1)(a) of the 2002 Act) he must, as soon as practicable after the expiry of the time allowed for the delivery of nomination papers, prepare and publish a draft of the statement required under rule 13.

(2) The draft must be headed “draft statement of candidates nominated” and must contain a notice stating that any person who wishes to object to the nomination of any candidate on the ground that he is disqualified for nomination under the Representation of the People Act 1981 may do so between the hours of 10 a.m. and 4 p.m. on the day and at the place specified in the notice; and the day so specified must be the day after the last day for the delivery of nomination papers.

Adjournment of nomination proceedings in case of riot

16.— (1) Where the proceedings for or in connection with nomination are on any day interrupted or obstructed by riot or open violence—

(a) the proceedings must be abandoned for that day, and

(b) if that day is the last day for the delivery of nomination papers, the proceedings must be continued on the next day as if that were the last day for such delivery,

and that day must be treated for the purposes of these rules as being the last day for such delivery (subject to any further application of this rule in the event of interruption or obstruction on that day).

(2) Where proceedings are abandoned by virtue of this rule, nothing—

(a) may be done after they are continued if the time for doing it had passed at the time of the abandonment,

(b) done before the abandonment is invalidated by reason of the abandonment.

Method of election

17.— (1) If the statement of candidates nominated shows more persons standing nominated than there are seats to be filled, a poll must be taken in accordance with Part 3 of these Rules.

(2) If the statement of candidates nominated shows a number of persons standing nominated which is the same as or less than the number of seats to be filled, those persons must be declared to be elected in accordance with Part 4 of these Rules.

PART 3 CONTESTED ELECTIONS

CHAPTER 1 General Provisions

Poll to be taken by ballot

18.   The votes at the poll must be given by ballot, and the votes given to each candidate must be counted and the result of the poll determined in accordance with rules 52 to 63.

The ballot papers

19.— (1) The ballot of every voter must consist of a ballot paper, and the persons shown in the statement of candidates nominated as standing nominated, and no others, are entitled to have their names inserted in the ballot paper.

(2) Every ballot paper must be in the Form A in the Appendix of Forms, and must be printed in accordance with the directions in that Appendix, and—

(a) must contain the names of the persons shown in the statement of candidates nominated,

(b) must be capable of being folded up, and

(c) must have a number and other unique identifying mark printed on the back.

(3) If, on behalf of a candidate who is the subject of a party’s authorisation under rule 5(1), the registered nominating officer of that party so requests, the ballot paper must contain, against the candidate’s particulars, the party’s registered emblem (or, as the case may be, one of the party’s registered emblems).

(4) The request must be—

(a) made in writing to the returning officer, and

(b) received by him before the last time for the delivery of nomination papers set out in the timetable.

(5) If, on behalf of a candidate who is the subject of two or more parties' authorisations under rule 5(3), the registered nominating officers of those parties so request, the ballot paper must contain, against the candidate’s particulars the registered emblem of one of those parties (or, as the case may be, one of its registered emblems).

(6) The request must be—

(a) made in writing by the nominating officers of the parties jointly to the returning officer, and

(b) received by him before the last time for the delivery of nomination papers set out in the timetable.

(7) The order of the names in the ballot paper must be the same as in the statement of candidates nominated.

Corresponding number list

20.— (1) The returning officer must prepare a list containing the numbers and other unique identifying marks of all the ballot papers to be issued by him in pursuance of rule 25(1) or provided by him in pursuance of rule 30(1).

(2) The form of corresponding number list to be prepared by the returning officer for the purpose of this rule must be in Form B in the Appendix of Forms.

(3) The form of corresponding number list to be prepared by the returning officer for the purposes of rules 30(3)(d) and 39(1)(b) must be in Form C in the Appendix of Forms.

(4) The form of corresponding number list to be prepared by the returning officer for the purpose of this rule when the poll at a European Parliamentary election is to be taken with the poll at an election under subsection (1) or (2) of section 15 of the 1985 Act(8) (combination of polls at parliamentary, European Parliamentary and local elections) must be in Form D in the Appendix of Forms.

(5) The form of corresponding number list to be prepared by the returning officer for the purposes of rules 30(3)(d) and 39(1)(b) when the poll at a European Parliamentary election is to be taken with the poll at an election under subsection (1) or (2) of section 15 of the 1985 Act (combination of polls at parliamentary, European Parliamentary and local elections) must be in Form E in the Appendix of Forms.

The official mark

21.— (1) Every ballot paper must contain an appropriate security marking (the official mark).

(2) The official mark must be kept secret, and an interval of not less than five years must intervene between the use of the same official mark at elections for the same European Parliamentary electoral region.

(3) The returning officer may use a different official mark for different purposes at the same election.

Prohibition of disclosure of vote

22.   No person who has voted at the election must, in any legal proceeding to question the election or return, be required to state for whom he has voted.

Use of schools and public rooms

23.— (1) The returning officer may use, free of charge, for the purpose of taking the poll—

(a) a room in a school to which this rule applies;

(b) a room the expense of maintaining which is payable out of any rate.

(2) This rule applies to a school in receipt of a grant out of moneys appropriated by an Act of the Northern Ireland Assembly.

(3) The returning officer must make good any damage done to, and defray any expense incurred by the persons having control over, any room which has been used in accordance with this rule by reason of its being used for the purpose of taking the poll.

(4) This rule does not apply to any school adjoining or adjacent to any church or other place of worship nor to any school connected with a nunnery or other religious establishment.

CHAPTER 2 Action to be Taken Before the Poll

Notice of poll

24.— (1) The returning officer must in the statement of candidates nominated include a notice of the poll, stating the day on which and hours during which the poll will be taken.

(2) The returning officer must also give public notice of—

(a) the situation of each polling station;

(b) the description of voters entitled to vote there;

and must as soon as practicable after giving such notice give a copy of it to each of the election agents.

Postal ballot papers

25.— (1) The returning officer must, in accordance with Schedule 2, issue to those entitled to vote by post a ballot paper and a declaration of identity in the form set out in that Schedule, together with such envelopes for their return as are specified in that Schedule.

(2) In accordance with regulation 111A, the returning officer must also issue to those entitled to vote by post such information as he thinks appropriate about how to obtain—

(a) translations into languages other than English of any directions to or guidance for voters sent with the ballot paper;

(b) a translation into Braille of such directions or guidance;

(c) graphical representations of such directions or guidance;

(d) the directions or guidance in any other form (including any audible form).

(3) The returning officer must ensure that the return of the ballot paper and the declaration of identity is free of charge to the voter.

Provision of polling stations

26.— (1) The returning officer must provide a sufficient number of polling stations and, subject to the following provisions of this rule, must allot the electors to the polling stations in such manner as he thinks most convenient.

(2) One or more polling stations may be provided in the same room.

(3) The polling station allotted to electors from any polling district must be in the polling place for that district.

(4) The returning officer must provide each polling station with such number of compartments as may be necessary in which the voters can mark their votes screened from observation.

Appointment of presiding officers and clerks

27.— (1) The returning officer must appoint and pay a presiding officer to attend at each polling station and such clerks as may be necessary for the purposes of the election, but he must not appoint any person who has been employed by or on behalf of a candidate in or about the election.

(2) The returning officer may, if he thinks fit, preside at a polling station and the provisions of these rules relating to a presiding officer apply to a returning officer so presiding with the necessary modifications as to things to be done by the returning officer to the presiding officer or by the presiding officer to the returning officer.

(3) A presiding officer may do, by the clerks appointed to assist him, any act (including the asking of questions) which he is required or authorised by these rules to do at a polling station except order the arrest, exclusion or removal of any person from the polling station or refuse to deliver a ballot paper under paragraph (4) of rule 39 (including that paragraph as applied by rules 40, 41 and 42).

Appointment of verifying officers and clerks

28.— (1) The returning officer must appoint verifying officers to attend at such places as he considers necessary for the purposes of the verification of the ballot paper accounts and such clerks as may be necessary for the purposes of the verification, but he shall not appoint a person who has been employed by or on behalf of a candidate in or about the election.

(2) The returning officer may, if he thinks fit, act as a verifying officer and the provisions of these rules relating to a returning officer shall apply to a returning officer so acting, with the necessary modifications as to things to be done by the returning officer to the verifying officer or by the verifying officer to the returning officer.

(3) A verifying officer may do, by the clerks appointed to assist him, any act which he is required or authorised by these rules to do.

Issue of official poll cards

29.— (1) The returning officer must as soon as practicable after the publication of the notice of election send to electors and their proxies the appropriate official poll card, but a card need not be sent to any person—

(a) as an elector if he is placed on the absent voters list for the election; or

(b) as a proxy if he is entitled to vote by post as proxy at the election,

and a card must not be sent to any person registered, or to be registered, in pursuance of an overseas elector’s declaration.

(2) An elector’s official poll card must be sent or delivered to his qualifying address, and a proxy’s to his address as shown in the list of proxies.

(3) The official poll card issued to an elector must be in Form F in the Appendix of Forms.

(4) The official poll card issued to the proxy of an elector must be in Form G in the Appendix of Forms.

(5) The official poll card must set out—

(a) the name of the electoral region;

(b) the elector’s name, qualifying address and number on the register;

(c) the date and hours of the poll and the situation of the elector’s polling station;

(d) such other information as the returning officer thinks appropriate,

and different information may be provided in pursuance of sub-paragraph (d) to different electors or descriptions of elector.

(6) In this rule “elector” has the same meaning as in regulation 58(4) and, pending publication of the register, the elector’s number in the register includes his number (if any) in the electors list for that register.

Equipment of polling stations

30.— (1) The returning officer must provide each presiding officer with such number of ballot boxes and ballot papers as in the returning officer’s opinion may be necessary.

(2) Every ballot box must be so constructed that the ballot papers can be put in it, but cannot be withdrawn from it, without the box being unlocked or, where the box has no lock, the seal being broken.

(3) The returning officer must provide each polling station with—

(a) materials to enable voters to mark the ballot papers;

(b) copies of the register of electors or such part of it as contains the names of the electors allotted to the station;

(c) the parts of any special lists prepared for the election corresponding to the register of electors or such part of it as provided under sub-paragraph (b);

(d) Form C prepared under rule 20(3) which contains the numbers (but not the other unique identifying marks) corresponding to those on the ballot papers provided to the presiding officer of the polling station.

(4) The reference in paragraph (3)(b) to the copies of the registers of electors includes a reference to copies of any notices issued under section 13BA(9) of the 1983 Act(9) in respect of alterations to the register.

(5) The returning officer must also provide each polling station with—

(a) at least one large version of the ballot paper which must be displayed inside the polling station for the assistance of voters who are partially sighted; and

(b) a device of such description as is set out in paragraph (9) for enabling voters who are blind or partially sighted to vote without any need for assistance from the presiding officer or any companion (within the meaning of rule 41).

(6) A notice in Form H in the Appendix of Forms, giving directions for the guidance of voters in voting, must be printed in conspicuous characters and exhibited inside and outside every polling station.

(7) In every compartment of every polling station there must be exhibited the notice—

• “Remember—use 1,2,3 etc. at this election—this is an election by proportional representation. Number the candidates in order of your preference putting “1” against the candidate of your first preference and so on. You should not put the same preference against more than one candidate. You may show your preference for as many or as few candidates as you wish”.

(8) Where proof has been given to the returning officer’s satisfaction of the death of a candidate, he must provide each presiding officer with sufficient number of notices to this effect for display in every compartment of every polling station.

(9) The device referred to in paragraph (5)(b) must—

(a) allow a ballot paper to be inserted into and removed from or attached to and detached from the device, easily and without damage to the paper;

(b) keep the ballot paper firmly in place during use;

(c) provide suitable means for the voter to identify—

(i) the spaces on the ballot paper on which he may mark his vote; and

(ii) the candidate to whom each such space refers.

Appointment of polling and counting agents

31.— (1) The election agent or sub-agent of a candidate or any person authorised in writing by such an agent or that candidate may, before the commencement of the poll, appoint—

(a) polling agents to attend at polling stations for the purpose of detecting personation; and

(b) counting agents to attend at the verification of the ballot paper accounts and the counting of the votes.

(2) One (but no more than one) counting agent of each candidate may be authorised by the terms of his appointment to require a re-count at that count.

(3) The returning officer or, as the case may be, verifying officer may limit the number of counting agents, so that—

(a) the number must be the same in the case of each candidate; and

(b) the number allowed to a candidate must not (except in special circumstances) be less than the number obtained by dividing the number of clerks employed on the verification of the ballot paper accounts or the counting of the votes by the number obtained by adding together the number of candidates.

(4) Notice in writing of the appointment, stating the names and addresses of the persons appointed, must be given by the person by whom the appointment was made to the returning officer and must be given not later than the second day (computed like any period of time in the timetable) before the day of the poll.

(5) If an agent dies, or becomes incapable of acting, the person by whom the appointment was made may appoint another agent in his place, and must forthwith give to the returning officer notice in writing of the name and address of the agent appointed.

(6) In the following provisions of these rules references to polling agents and counting agents must be taken as references to agents—

(a) whose appointments have been duly made and notified; and

(b) where the number of agents is restricted, who are within the permitted numbers.

(7) Any notice required to be given to a counting agent by the returning officer may be delivered at, or sent by post to, the address stated in the notice of appointment.

(8) A candidate may himself do any act or thing which any polling or counting agent of his, if appointed, would have been authorised to do, or may assist any such agent in doing any such act or thing.

(9) The election agent or sub-agent of a candidate may do or assist in doing anything which a polling or counting agent of that candidate is authorised to do; and anything required or authorised by these rules to be done in the presence of the polling or counting agents may be done in the presence of the election agent or sub-agent of a candidate instead of that candidate’s polling agent or counting agents.

(10) Where by these rules any act or thing is required or authorised to be done in the presence of the polling or counting agents, the non-attendance of any agent or agents at the time and place appointed for the purpose will not, if the act or thing is otherwise duly done, invalidate the act or thing done.

Notification of requirement of secrecy

32.   The returning officer must make such arrangements as he thinks fit to ensure that—

(a) every person attending at a polling station (otherwise than for the purpose of voting or assisting a voter with disabilities to vote or as a constable on duty there) has been given a copy in writing of the provisions of paragraphs (1), (4) and (7) of regulation 30; and

(b) every person attending at the verification of the ballot paper accounts or the counting of the votes (other than any constable on duty at the counting) has been given a copy in writing of the provisions of paragraphs (2), (3) and (7) of that regulation.

Return of postal ballot papers

33.— (1) Where—

(a) a postal vote has been returned in respect of a person who is entered on the absent voters list, or

(b) a proxy postal vote has been returned in respect of a proxy who is entered on the proxy postal voters list,

the returning officer must mark the list as provided for in paragraph 31(5) of Schedule 2.

(2) Rule 50(2) does not apply for the purpose of determining whether, for the purposes of this rule, a postal vote or a proxy postal vote is returned.

CHAPTER 3 The Poll

Admission to polling station

34.— (1) The presiding officer must exclude all persons from the polling station except—

(a) voters;

(b) persons under the age of 18 who accompany voters to the polling station;

(c) the candidates and their election agents;

(d) the polling agents appointed to attend at the polling station;

(e) the clerks appointed to attend at the polling station;

(f) the returning officer, his deputies or clerks;

(g) persons who are entitled to attend by virtue of any of sections 6A to 6D of the 2000 Act(10);

(h) the constables on duty; and

(i) the companions of voters with disabilities.

(2) The presiding officer must regulate the total number of voters and persons under the age of 18 who accompany them to be admitted to the polling station at the same time.

(3) Not more than one polling agent may be admitted at the same time to a polling station on behalf of any candidate.

(4) A constable or person employed by a returning officer must not be admitted to vote in person elsewhere than at his own polling station under rule 26, except on production and surrender of a certificate as to his employment which must be in Form I in the Appendix of Forms and signed by an officer of police of or above the rank of inspector or by the returning officer, as the case may be.

(5) Any certificate surrendered under this rule must forthwith be cancelled.

Keeping of order in station

35.— (1) It is the presiding officer’s duty to keep order at his polling station.

(2) If a person misconducts himself in a polling station, or fails to obey the presiding officer’s lawful orders, he may immediately, by the presiding officer’s order, be removed from the polling station—

(a) by a constable, or

(b) by any other person authorised in writing by the returning officer to remove him,

and the person so removed must not, without the presiding officer’s permission, again enter the polling station during the day.

(3) Any person so removed may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant.

(4) The powers conferred by this rule must not be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

(5) Other than as provided by paragraph (6), the presiding officer and his clerks must not, during the poll, disclose information regarding the number of ballot papers delivered to voters at his polling station.

(6) The returning officer may, before the commencement of the poll, issue directions to the presiding officer as to how and when he may disclose information regarding the number of ballot papers delivered to voters at his polling station.

Sealing of ballot boxes

36.   Immediately before the commencement of the poll, the presiding officer must—

(a) show the ballot box empty to such persons, if any, as are present in the polling station, so that they may see that it is empty,

(b) then, if it has a lock, lock it up,

(c) place his seal on it in such a manner so as to prevent its being opened without breaking the seal,

(d) place it in his view for the receipt of ballot papers, and

(e) keep it so locked, if it has a lock, and sealed.

Questions to be put to voters

37.— (1) At the time of the application (but not afterwards), the questions specified in the second column of the following table—

(a) may be put by the presiding officer to a person applying for a ballot paper who is mentioned in the first column, and

(b) must be put if the letter “R” appears after the question and if the candidate or the candidate’s election or polling agent requires the question to be put:

Q. No.	Person applying for ballot paper	Questions
1	A person applying as an elector	(a) —“Are you the person registered in the register of electors for this election as follows (read the whole entry from the register)?” [R] (b) —“Have you already voted, (here in the UK or in another member State at this general election) (here or elsewhere at this by-election) of MEPs otherwise than as proxy for some other person?” [R] (c) —“What is your date of birth?”
2	A person applying as proxy	(a) —“Are you the person whose name appears as A.B. in the list of proxies for this election as entitled to vote as proxy on behalf of C.D.?” [R] (b) —“Have you already voted here or elsewhere at this (general election) (by-election) of MEPs, as proxy on behalf of C.D.?” [R] (c) —“Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of C.D.?” [R]
3	Person applying as proxy if the question at entry 2(c) is not answered in the affirmative	“Have you at this (general election) (by-election) of MEPs already voted in this electoral region on behalf of two persons of whom you are not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild?” [R]
4	Person applying as an elector in relation to whom there is an entry in the absent voters list	(a) —“Did you apply to vote by post?” (b) —“Why have you not voted by post?”
5	A person applying as proxy who is named in the proxy postal voters list	(a) —“Did you apply to vote by post as proxy?” (b) —“Why have you not voted by post as proxy?”

(2) In the case of an elector in respect of whom a notice has been issued under section 13BA(9) of the 1983 Act(11), the reference in the question at entry 1(a) to reading from the register must be taken as references to reading from the notice issued under that section.

(3) A ballot paper must not be delivered to any person required to answer any of the above questions unless he has answered each question satisfactorily.

(4) Except as authorised by this rule, no inquiry may be permitted as to the right of any person to vote.

Challenge of voter

38.   A person must not be prevented from voting by reason only that—

(a) a candidate or his election or polling agent declares that he has reasonable cause to believe that the person has committed an offence of personation, or

(b) the person is arrested on the grounds that he is suspected of committing or of being about to commit such an offence.

Voting procedure

39.— (1) Subject to paragraphs (3) to (8) below and rule 37, a ballot paper must be delivered to a voter who applies for one, and immediately before delivery—

(a) the number and name of the elector as stated in the copy of the register of electors must be called out;

(b) the number of the elector must be marked on the list mentioned in rule 30(3)(d) beside the number of the ballot paper to be issued to him;

(c) a mark must be placed in the copy of the register of electors against the number of the elector to note that a ballot paper has been received but without showing the particular ballot paper which has been received; and

(d) in the case of a person applying for a ballot paper as proxy, a mark must also be placed against his name in the list of proxies.

(2) In the case of an elector who is added to the register in pursuance of a notice issued under section 13BA(9) of the 1983 Act, paragraph (1) is modified as follows—

(a) in sub-paragraph (a), for “copy of the register of electors” substitute “copy of the notice issued under section 13BA(9) of the 1983 Act”;

(b) in sub-paragraph (c), for “in the copy of the register of electors” substitute “on the copy of the notice issued under section 13BA(9) of the 1983 Act”.

(3) A ballot paper must not be delivered to a voter unless he has produced a specified document to the presiding officer or a clerk.

(4) Where a voter produces a specified document, the presiding officer or clerk to whom it is produced must deliver a ballot paper to the voter unless the officer or clerk decides that—

(a) the document; or

(b) the apparent age of the voter as compared with his age according to the date supplied as the date of birth pursuant to section 10A(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the 1983 Act(12),

raises a reasonable doubt as to whether the voter is the elector or proxy he represents himself to be.

(5) Where in such a case it is a presiding officer who so decides, he must refuse to deliver a ballot paper to the voter.

(6) Where in such a case it is a clerk who so decides, he must refer the matter and produce the document to the presiding officer, who must proceed as if it had been to him that the voter had presented himself and produced the document in the first place.

(7) For the purposes of this rule a specified document is one which for the time being falls within the following list—

(a) a licence to drive a motor vehicle if the licence bears the photograph of the person to whom it is issued;

(b) a passport issued by a member State of the European Union;

(c) an electoral identity card issued under section 13C of the 1983 Act(13);

(d) a Senior SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;

(e) a Blind Person’s SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;

(f) a War Disabled SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st May 2002;

(g) a 60+ SmartPass issued under the Northern Ireland Concessionary Fares Scheme for use from 1st October 2008.

In sub-paragraph (a), a licence to drive a motor vehicle is a licence granted under Part 3 of the Road Traffic Act 1972(14) or Part 3 of the Road Traffic Act 1988(15) or under the Road Traffic (Northern Ireland) Order 1981(16) or any corresponding enactment for the time being in force.

(8) References in this rule to producing a document are to producing it for inspection.

(9) The voter, on receiving the ballot paper, must forthwith proceed into one of the compartments in the polling station and—

(a) must secretly record his vote by placing on the ballot paper “1” opposite the name of the candidate of his first choice and, if he wishes, by placing “2” opposite the name of his second choice, “3” opposite the name of the candidate of his third choice and so on in order of his preference;

(b) fold the paper so as to conceal his vote;

(c) show to the presiding officer the back of the paper, so as to disclose the number and other unique identifying mark; and

(d) put the ballot paper so folded up into the ballot box in the presiding officer’s presence.

(10) The voter must vote without undue delay, and must leave the polling station as soon as he has put his ballot paper into the ballot box.

Votes marked by presiding officer

40.— (1) Subject to paragraph (2), the presiding officer, on the application of a voter—

(a) who is incapacitated by blindness or other disability from voting in the manner directed by these rules, or

(b) who declares orally that he is unable to read,

must, in the presence of the polling agents, cause the voter’s ballot paper to be marked in the manner directed by the voter, and the ballot paper to be placed in the ballot box.

(2) Paragraphs (3) to (8) of rule 39 shall apply in the case of a voter who applies under paragraph (1) as they apply in the case of a voter who applies under rule 39(1), but by reading references to delivering a ballot paper to a voter as references to causing a voter’s ballot paper to be marked.

(3) The name and number on the copy of the register of electors of every voter whose ballot paper is marked in pursuance of this rule, and the reason why it is so marked, must be entered on a list (in these rules called “the list of ballot papers marked by the presiding officer”).

(4) In the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name must be the elector’s number.

(5) In the case of a person in respect of whom a notice has been issued under section 13BA(9) of the 1983 Act(17), paragraph (3) applies as if for “on the copy of the register of electors of every voter” there were substituted “relating to every voter in respect of whom a notice has been issued under section 13BA(9) of the 1983 Act”.

Voting by persons with disabilities

41.— (1) If a voter makes an application to the presiding officer to be allowed, on the ground of—

(a) blindness or other disability, or

(b) inability to read,

to vote with the assistance of another person by whom he is accompanied (in these rules referred to as “the companion”), the presiding officer must require the voter to declare, orally or in writing, whether he is so incapacitated by blindness or other disability, or by an inability to read, as to be unable to vote without assistance.

(2) Subject to paragraph (3), if the presiding officer—

(a) is satisfied that the voter is so incapacitated, and

(b) is also satisfied by a written declaration made by the companion (in these rules referred to as “the declaration made by the companion of a voter with disabilities”) that the companion—

(i) is a qualified person within the meaning of this rule; and

(ii) has not previously assisted more than one voter with disabilities to vote at the election,

he must grant the application, and then anything which is by these rules required to be done to or by that voter in connection with the giving of his vote may be done to, or with the assistance of, the companion.

(3) Paragraphs (3) to (8) of rule 39 shall apply in the case of a voter who applies under paragraph (1) as they apply in the case of a voter who applies under rule 39(1), but by reading references to delivering a ballot paper to a voter as references to granting a voter’s application.

(4) For the purposes of these rules, a person is a voter with disabilities if he has made such a declaration as is mentioned in paragraph (1), and a person is qualified to assist a voter with disabilities to vote if that person—

(a) is a person who is entitled to vote as an elector at the election; or

(b) is the father, mother, brother, sister, spouse, civil partner, son or daughter of the voter and has attained the age of 18 years.

(5) The name and number on the copy of the register of electors of every voter whose vote is given in accordance with this rule and the name and address of the companion must be entered on a list (in these rules referred to as “the list of voters with disabilities assisted by companions”).

(6) In the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name must be the elector’s number.

(7) In the case of a person in respect of whom a notice has been issued under section 13BA(9) of the 1983 Act, paragraph (5) applies as if for “on the copy of the register of electors of every voter” there were substituted “relating to every voter in respect of whom a notice has been issued under section 13BA(9) of the 1983 Act”.

(8) The declaration made by the companion—

(a) must be in Form J in the Appendix of Forms; and

(b) must be made before the presiding officer at the time when the voter applies to vote with the assistance of a companion,

and must forthwith be given to the presiding officer who must attest and retain it.

(9) No fee or other payment may be charged in respect of the declaration.

Tendered ballot papers: circumstances where available

42.— (1) If a person, representing himself to be—

(a) a particular elector named on the register and not named in the absent voters list, or

(b) a particular person named in the list of proxies as proxy for an elector and not entitled to vote by post as proxy,

applies for a ballot paper after another person has voted in person either as the elector or his proxy, the applicant must, on satisfactorily answering the questions permitted by rule 37(1) to be asked at the poll, be entitled, subject to the following provisions of this rule and rule 43, to mark a ballot paper (in these rules referred to as “a tendered ballot paper”) in the same manner as any other voter.

(2) Paragraph (4) applies if—

(a) a person applies for a ballot paper representing himself to be a particular elector named on the register,

(b) he is also named in the absent voters list, and

(c) he claims that he did not make an application to vote by post at the election.

(3) Paragraph (4) also applies if—

(a) a person applies for a ballot paper representing himself to be a particular person named as a proxy in the list of proxies,

(b) he is also named in the proxy postal voters list, and

(c) he claims that he did not make an application to vote by post as proxy.

(4) The person must, on satisfactorily answering the questions permitted by rule 37(1) to be asked at the poll, be entitled, subject to the following provisions of this rule and rule 43, to mark a ballot paper (in these rules referred to as a “tendered ballot paper”) in the same manner as any other voter.

(5) Paragraph (6) applies if before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper, a person represents himself to be—

(a) a particular elector named on the register who is also named in the absent voters list, or

(b) a particular person named as a proxy in the list of proxies and who is also named in the proxy postal voters list,

and claims that he has lost or has not received his postal ballot paper.

(6) The person must, on satisfactorily answering the questions permitted by rule 37(1) to be asked at the poll, be entitled, subject to the provisions of this rule and rule 43, to mark a ballot paper (in these rules referred to as a “tendered ballot paper”) in the same manner as any other voter.

(7) Paragraphs (3) to (8) of rule 39 shall apply in the case of a person who seeks to mark a tendered ballot paper under paragraph (1) as they apply in the case of a voter who applies for a ballot paper under rule 39(1).

(8) Paragraph (9) applies where—

(a) under paragraph (3) of rule 37, a ballot paper is not delivered to a person following his unsatisfactory answer to the question numbered 1(c) in paragraph (1) of that rule; or

(b) a presiding officer refuses to deliver a ballot paper to a person under paragraph (5) of rule 39 (including that paragraph as applied by rules 40 and 41 and this rule).

(9) The person must, on satisfactorily answering the questions permitted by rule 37(1) to be asked at the poll (or, where paragraph (8)(a) applies, the other questions), nevertheless be entitled, subject to rule 43, to mark a ballot paper (in these rules referred to as a “tendered ballot paper”) in the same manner as any other voter.

Tendered ballot papers: general provisions

43.— (1) A tendered ballot paper must—

(a) be of a colour differing from the other ballot papers;

(b) instead of being put into the ballot box, be given to the presiding officer and endorsed by him with the name of the voter and his number in the register of electors, and set aside in a separate packet.

(2) The name of the voter and his number on the register of electors must be entered on a list (in these rules referred to as the “tendered votes list”).

(3) In the case of a person voting as proxy for an elector, the number to be endorsed or entered together with the voter’s name must be the number of that elector.

(4) In the case of a person in respect of whom a notice has been issued under section 13BA(9) of the 1983 Act(18), this rule and rule 42 apply as if—

(a) in rule 42(1)(a), (2)(a) and (5)(a), for “named on the register” there were substituted “in respect of whom a notice under section 13BA(9) of the 1983 Act has been issued”;

(b) in paragraph (1)(b) of this rule for “his number in the register of electors” there were substituted “the number relating to him on a notice issued under section 13BA(9) of the 1983 Act”; and

(c) in paragraph (2) of this rule, for “his number on the register of electors” there were substituted “the number relating to him on a notice issued under section 13BA(9) of the 1983 Act”.

(5) A person who marks a tendered ballot paper under paragraph (9) of rule 42 must sign the paper, unless it was marked after an application was refused under rule 40 or 41.

(6) A paper which is required to be signed under paragraph (5) and is not so signed will be void.

Refusal to deliver ballot paper

44.— (1) This rule applies where a presiding officer refuses to deliver a ballot paper under paragraph (5) of rule 39 (including that paragraph as applied by rule 40, 41 or 42).

(2) The refusal may be subject to review on a European Parliamentary election petition but, subject to that, is final and may not be questioned in any proceedings whatsoever.

Spoilt ballot papers

45.   A voter who has inadvertently dealt with his ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and proving to his satisfaction the fact of the inadvertence, obtain another ballot paper in the place of the ballot paper so delivered (in these rules referred to as “a spoilt ballot paper”), and the spoilt ballot paper must be immediately cancelled.

Alteration of registers

46.— (1) The presiding officer must keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register made by virtue of section 13BA(9) of the 1983 Act which takes effect on the day of the poll.

(2) For the purposes of section 13BA(8) of the 1983 Act a representation may be made orally or in writing.

(3) Where a representation under section 13BA(8) of the 1983 Act is made at a polling station to a presiding officer, the presiding officer must as soon as practicable communicate that representation to the registration officer.

(4) Where a notice is issued under section 13BA(9) of the 1983 Act on the day of the poll, the registration officer must take reasonable steps to ensure that the notice comes to the attention of the presiding officer.

(5) Such steps may include communicating the notice to the presiding officer by telephone.

(6) Where a notice issued under section 13BA(9) of the 1983 Act is communicated to a presiding officer by whatever means, the presiding officer must make a written record of that notice and forward the record to the returning officer as soon as possible after the day of the poll.

(7) For the purposes of section 13BA(7) and (8) of the 1983 Act, the prescribed time on the day of the poll is 7pm.

Adjournment of poll in case of riot

47.— (1) Where the proceedings at any polling station are interrupted or obstructed by riot or open violence, the presiding officer must adjourn the proceedings till the following day and must forthwith give notice to the returning officer.

(2) Where the poll is adjourned at any polling station—

(a) the hours of polling on the day to which it is adjourned must be the same as for the original day; and

(b) references in these Regulations to the close of the poll must be construed accordingly.

Procedure on close of poll

48.— (1) As soon as practicable after the close of the poll, the presiding officer must, in the presence of the polling agents, make up into separate packets, sealed with his own seal and the seals of such polling agents as desire to affix their seals—

(a) each ballot box in use at the station, sealed so as to prevent the introduction of additional ballot papers and unopened, but with any key attached,

(b) the unused and spoilt ballot papers placed together,

(c) the tendered ballot papers,

(d) the marked copies of the register of electors (including any marked copy notices issued under section 13BA(9) of the 1983 Act) and the list of proxies,

(e) the lists prepared under rule 20 including the parts which were marked with the numbers of electors in accordance with rule 39(1)(b) (together referred to in these rules as “the completed corresponding number lists”),

(f) the certificates as to employment on duty on the day of the poll,

(g) the tendered votes list, the list of voters with disabilities assisted by companions, the list of votes marked by the presiding officer, a statement of the number of voters whose votes are so marked by the presiding officer under the heads “disability” and “unable to read”, the list maintained under rule 46, and the declarations made by the companions of voters with disabilities,

and must deliver the packets or cause them to be delivered to the verifying officer to be taken charge of by him; but if the packets are not delivered by the presiding officer personally to the verifying officer, the arrangements for their delivery must be approved by the verifying officer.

(2) The marked copies of the register of electors and of the list of proxies must be in one packet but must not be in the same packet as the completed corresponding number lists mentioned in paragraph (1)(e) or the certificates as to employment on duty on the day of the poll mentioned in paragraph (1)(f).

(3) The packets must be accompanied by a statement (in these rules referred to as “the ballot paper account”) made by the presiding officer showing the number of ballot papers entrusted to him, and accounting for them under the heads of ballot papers issued and not otherwise accounted for, unused, spoilt and tendered ballot papers.

CHAPTER 4 Counting of Votes

Attendance at verification of ballot paper accounts

49.— (1) The verifying officer must make arrangement for the verification of the ballot paper accounts in the presence of the counting agents as soon as practicable after the close of the poll, and must give to the counting agents notice in writing of the time and place at which he will begin such verification.

(2) No person other than—

(a) the returning officer, the verifying 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 2000 Act(19),

may attend the verification of the ballot paper accounts, unless permitted by the verifying officer to attend.

(3) A person not entitled to attend the verification of ballot paper accounts must not be permitted to do so by the verifying officer unless he is satisfied that the efficient verification of the ballot paper accounts will not be impeded.

(4) The verifying officer must give the counting agents all such reasonable facilities for observing 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.

Procedure at verification of ballot paper accounts

50.— (1) The verifying officer must in the presence of the counting agents—

(a) open each ballot box and count and record the number of ballot papers in it and verify each ballot paper account; and

(b) count such of the postal ballot papers as have been duly returned and record the number counted.

(2) A postal ballot paper must not be deemed to be duly returned unless—

(a) it is returned in the proper envelope so as to reach the returning officer before the close of the poll and is accompanied by the declaration of identity duly signed and authenticated; and

(b) in the case of an elector, that declaration of identity states the date of birth of the elector and the returning officer is satisfied that the date stated corresponds with the date supplied as the date of the elector’s birth pursuant to section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of the 1983 Act(20).

(3) In the case of an elector, unless section 10(4B), 10A(1B) or 13A(2B) of the 1983 Act(21) applies, the declaration of identity referred to in paragraph (2) must not be taken to be duly signed unless the returning officer is satisfied that the signature on the declaration corresponds with the signature supplied as the elector’s pursuant to section 10(4A)(a), 10A(1A)(a) or 13A(2A)(a) of the 1983 Act.

(4) The verifying officer must not count any tendered ballot paper.

(5) The verifying officer, while counting and recording the number of ballot papers, must keep the ballot papers with their faces downwards.

(6) The verifying officer must verify each ballot paper account by comparing it with the number of ballot papers recorded by him, the unused and spoilt ballot papers in his possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and must draw up a statement as to the result of the verification, which any counting agent may copy.

(7) The verifying officer must, subject to the directions of the returning officer, determine the hours during which the procedure under this rule is proceeded with.

(8) The verifying officer must take proper precautions for the security of the ballot papers and documents.

(9) On completion of the procedure under this rule, the verifying officer must, subject to the directions of the returning officer, make up into packets the ballot papers counted by him, seal them up in containers endorsing on each a description of the area to which the ballot papers relate, and deliver or cause to be delivered the containers to the returning officer together with a list of them and of the contents of each container and a statement of his verification of the ballot paper accounts.

Attendance at counting of votes

51.— (1) The returning officer must make arrangements for counting the votes in the presence of the counting agents—

(a) in the case of a general election of MEPs, before or after the material time and in either case so as to comply with rule 55(2) as soon as practicable after the material time,

(b) in the case of a by-election, as soon as practicable after the close of the poll,

and must give to the counting agents notice in writing of the time and place at which he will begin to count the votes.

(2) For the purposes of paragraph (1), the “material time” means, in relation to a general election of MEPs, the close of the polling in the member State whose electors are the last to vote in the election.

(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,

(e) persons who are entitled to attend by virtue of any of sections 6A to 6D of the 2000 Act(22),

may be present at the counting of the votes, unless permitted by the returning officer to attend.

(4) A person not entitled to attend at the counting of the votes must not be permitted to do so by the returning officer unless he—

(a) is satisfied that 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.

(5) 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.

Interpretation of rules 53 to 63

52.   In rules 53 to 63—

“continuing candidate” means any candidate not deemed to be elected and not excluded;

“count” means all the operations involved in the counting of the first preferences recorded for candidates, the transfer of the surpluses of elected candidates, and the transfer of the votes of excluded candidates;

“deemed to be elected” means deemed to be elected for the purposes of counting the votes but without prejudice to the declaration of the result of the poll;

“mark” means a figure, a word written in the English language or a mark such as “X”;

“non-transferable vote” means a ballot paper—

(a)

on which no second or subsequent preference is recorded for a continuing candidate, or

(b)

which is excluded by the returning officer under rule 59(4);

“preference” as used in the following contexts has the meaning assigned below—

(a)

“first preference” means the figure “1” or any mark which clearly indicates a first (or only) preference;

(b)

“next available preference” means a preference which is the second or, as the case may be, subsequent preference recorded in consecutive order for a continuing candidate (any candidate who is deemed to be elected or is excluded being ignored); and

(c)

in this context “second preference” is shown by the figure “2” or any mark which clearly indicates a second preference, a third preference by the figure “3” or any mark which clearly indicates a third preference, and so on;

“quota” means the number calculated in accordance with rule 56;

“stage of the count” means—

(a)

the determination of the first preference vote for each candidate; or

(b)

the transfer of a surplus of a candidate deemed to be elected; or

(c)

the exclusion of one or more candidates at any given time;

“surplus” means the number of votes by which the total number of votes for any candidate (whether first preference or transferred votes, or a combination of both) exceeds the quota; but references in these rules to the transfer of the surplus mean the transfer (at a transfer value) of all transferable papers from the candidate who has the surplus;

“transferable paper” means a ballot paper on which, following a first preference, a second preference or subsequent preference is recorded in consecutive numerical order for a continuing candidate;

“transferred vote” means a vote derived from a ballot paper on which a second or subsequent preference is recorded for the candidate to whom that paper has been transferred;

“transfer value” means the value of a transferred vote calculated in accordance with paragraph (4) or (7) of rule 57.

Preliminary proceedings and conduct of the count

53.— (1) Where the verifying officer has made the ballot papers into packets in accordance with rule 50(9), the returning officer must open such packets and mix together the ballot papers received.

(2) The returning officer, while counting and recording the number of ballot papers and counting the votes, must keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers or other unique identifying marks printed on the back of the papers.

(3) The returning officer must as far as practicable proceed continuously with counting the votes, allowing only time for refreshment and excluding (except in so far as he and the agents otherwise agree), the hours between 11 in the evening and 9 on the following morning.

(4) For the purposes of this exception the agreement of a candidate or his election agent shall be as effective as the agreement of his counting agents.

(5) During the time so excluded the returning officer must—

(a) place the ballot papers and other documents relating to the election under his own seal and the seals of such of the counting agents as desire to affix their seals; and

(b) otherwise take proper precautions for the security of the papers and the documents.

Rejected ballot papers

54.— (1) Any ballot paper—

(a) which does not bear the official mark, or

(b) on which the figure “1” standing alone is not placed so as to indicate a first preference for any candidate, or

(c) on which the figure “1” standing alone indicating a first preference is set opposite the name of more than one candidate, or

(d) on which anything is written or marked by which the voter can be identified except the printed number and other unique identifying mark on the back, or

(e) which is unmarked,

will be void and not counted, but the ballot paper will not be void by reason only of carrying the words “one”, “two”, “three” and so on, or any other mark instead of a figure if in the opinion of the returning officer, the mark clearly indicates a preference or preferences.

(2) The returning officer must endorse the word “rejected” on any ballot paper which under this rule is not to be counted; and must add to the endorsement the words “rejection objected to” if any objection is made by an election agent to his decision.

(3) The returning officer must prepare a statement showing the number of ballot papers rejected by him under sub-paragraphs (a), (b), (c), (d) and (e) of paragraph (1) and must, on request, allow any candidate or election agent to copy that statement.

(4) The decision of the returning officer on any question arising in respect of a ballot paper shall be final but may be subject to review on a European Parliamentary election petition.

First stage

55.— (1) The returning officer must sort the ballot papers into parcels according to the candidates for whom first preference votes are given.

(2) The returning officer must then count the number of first preference votes given on ballot papers for each candidate and must record those numbers.

(3) The returning officer must also ascertain and record the number of valid ballot papers.

The quota

56.— (1) The returning officer must divide the number of valid ballot papers by a number exceeding by one the number of members to be elected.

(2) The result, increased by one, of the division under paragraph (1) (any fraction being disregarded) shall be the number of votes sufficient to secure the election of a candidate (in these rules referred to as “the quota”).

(3) At any stage of the count a candidate whose total vote equals or exceeds the quota shall be deemed to be elected, except that at any election where there is only one vacancy a candidate will not be deemed to be elected until the procedure set out in paragraphs (1) to (3) of rule 59 has been complied with.

Transfer of votes

57.— (1) Where the number of first preference votes for any candidate exceeds the quota, the returning officer must sort all the ballot papers on which first preference votes are given for that candidate into sub-parcels so that they are grouped—

(a) according to the next available preference given on those papers for any continuing candidate, or

(b) where no such preference is given, as the sub-parcel of non-transferable votes.

(2) The returning officer must count the number of ballot papers in each sub-parcel referred to in paragraph (1).

(3) The returning officer must, in accordance with this rule and rule 58, transfer each sub-parcel of ballot papers referred to in paragraph (1)(a) to the candidate for whom the next available preference is given on those papers.

(4) The vote on each ballot paper transferred under paragraph (3) shall be at a value (“the transfer value”) which—

(a) reduces the value of each vote transferred so that the total value of all such votes does not exceed the surplus, and

(b) is calculated by dividing the surplus of the candidate from whom the votes are being transferred by the total number of the ballot papers on which those votes are given, the calculation being made to two decimal places (ignoring the remainder if any).

(5) Where at the end of any stage of the count involving the transfer of ballot papers, the number of votes for any candidate exceeds the quota, the returning officer must sort the ballot papers in the sub-parcel of transferred votes which was last received by that candidate into separate sub-parcels so that they are grouped—

(a) according to the next available preference given on those papers for any continuing candidate, or

(b) where no such preference is given, as the sub-parcel of non-transferable votes.

(6) The returning officer must, in accordance with this rule and rule 58, transfer each sub-parcel of ballot papers referred to in paragraph (5)(a) to the candidate for whom the next available preference is given on those papers.

(7) The vote on each ballot paper transferred under paragraph (6) shall be at—

(a) a transfer value calculated as set out in paragraph (4)(b), or

(b) at the value at which that vote was received by the candidate from whom it is now being transferred, whichever is the less.

(8) Each transfer of a surplus constitutes a stage in the count.

(9) Subject to paragraph (10), the returning officer must proceed to transfer transferable papers until no candidate who is deemed to be elected has a surplus or all the vacancies have been filled.

(10) Transferable papers shall not be liable to be transferred where any surplus or surpluses which, at a particular stage of the count, have not already been transferred, are—

(a) less than the difference between the total vote then credited to the continuing candidate with the lowest recorded vote and the vote of the candidate with the next lowest recorded vote, or

(b) less than the difference between the total votes of the two or more continuing candidates, credited at that stage of the count with the lowest recorded total numbers of votes and the candidate next above such candidates.

(11) This rule shall not apply at an election where there is only one vacancy.

Supplementary provisions on transfer

58.— (1) If, at any stage of the count, two or more candidates have surpluses, the transferable papers of the candidate with the highest surplus must be transferred first, and if—

(a) the surpluses determined in respect of two or more candidates are equal, the transferable papers of the candidate who had the highest recorded vote at the earliest preceding stage at which they had unequal votes, must be transferred first, and

(b) the votes credited to two or more candidates were equal at all stages of the count, the returning officer must decide between those candidates by lot and the transferable papers of the candidate on whom the lot falls must be transferred first.

(2) The returning officer must, on each transfer of transferable papers under rule 57—

(a) record the total value of the votes transferred to each candidate,

(b) add that value to the previous total of votes recorded for each candidate and record the new total,

(c) record as non-transferable votes the difference between the surplus and the total transfer value of the transferred votes and add that difference to the previously recorded total of non-transferable votes, and

(d) compare—

(i) the total number of votes then recorded for all of the candidates, together with the total number of non-transferable votes, with

(ii) the recorded total of valid first preference votes.

(3) All ballot papers transferred under rule 57 or 59 must be clearly marked, either individually or as a sub-parcel, so as to indicate the transfer value recorded at that time to each vote on that paper or, as the case may be, all the papers in that sub-parcel.

(4) Where a ballot paper is so marked that it is unclear to the returning office at any stage of the count under rule 55 or 57 for which candidate the next preference is recorded, the returning officer must treat any vote on that ballot paper as a non-transferable vote; and votes on a ballot paper must be so treated where, for example, the names of two or more candidates (whether continuing candidates or not) are so marked that, in the opinion of the returning officer, the same order of preference is indicated or the numerical sequence is broken.

Exclusion of candidates

59.— (1) If—

(a) all transferable papers which under the provisions of rule 57 (including that rule as applied by paragraph (11) of this rule) and this rule are required to be transferred, have been transferred, and

(b) subject to rule 60, one or more vacancies remain to be filled,

the returning officer must exclude from the election at that stage the candidate with the then lowest vote (or, where paragraph (12) applies, the candidates with the then lowest votes).

(2) The returning officer must sort all the ballot papers on which first preference votes are given for the candidate or candidates excluded under paragraph (1) into two sub-parcels so that they are grouped as—

(a) ballot papers on which a next available preference is given, and

(b) ballot papers on which no such preference is given (thereby including ballot papers on which preferences are given only for candidates who are deemed to be elected or are excluded).

(3) The returning officer shall, in accordance with this rule and rule 58, transfer each sub-parcel of ballot papers referred to in paragraph (2)(a) to the candidate for whom the next available preference is given on those papers.

(4) The exclusion of a candidate, or of two or more candidates together, constitutes a further stage of the count.

(5) If, subject to rule 60, one or more vacancies still remain to be filled, the returning officer must then sort the transferable papers, if any, which had been transferred to any candidate excluded under paragraph (1) into sub-parcels according to their transfer value.

(6) The returning officer must transfer those papers in the sub-parcel of transferable papers with the highest transfer value to the continuing candidates in accordance with the next available preferences given on those papers (thereby passing over candidates who are deemed to be elected or are excluded).

(7) The vote on each transferable paper transferred under paragraph (6) shall be at the value at which that vote was received by the candidate excluded under paragraph (1).

(8) Any papers on which no next available preferences have been expressed must be set aside as non-transferable votes.

(9) After the returning office has completed the transfer of the ballot papers in the sub-parcel of ballot papers with the highest transfer value he must proceed to transfer in the same way the sub-parcel of ballot papers with the next highest value and so on until he has dealt with each sub-parcel of a candidate excluded under paragraph (1).

(10) The returning officer must after each stage of the count completed under this rule—

(a) record—

(i) the total value of votes, or

(ii) the total transfer value of votes,

transferred to each candidate;

(b) add that total to the previous total of votes recorded for each candidate and record the new total;

(c) record the value of non-transferable votes and add that value to the previous non-transferable votes total; and

(d) compare—

(i) the total number of votes then recorded for each candidate together with the total number of non-transferable votes, with

(ii) the recorded total of valid first preference votes.

(11) If after a transfer of votes under any provision of this rule, a candidate has a surplus, that surplus must be dealt with in accordance with paragraphs (5) to (10) of rule 57 and rule 58.

(12) Where the total of the votes of the two or more lowest candidates, together with any surpluses not transferred, is less than the number of votes credited to the next lowest candidate, the returning officer must in one operation exclude such two or more candidates.

(13) If, when a candidate has to be excluded under this rule, two or more candidates each have the same number of votes and are lowest—

(a) regard must be had to the total number of votes credited to those candidates at the earliest stage of the count at which they had an unequal number of votes and the candidate with the lowest number of votes at the at stage must be excluded; and

(b) where the number of votes credited to those candidates was equal at all stages, the returning officer must decide between the candidates by lot and the candidate on whom the lot falls must be excluded.

Filling of last vacancies

60.— (1) Where the number of continuing candidates is equal to the number of vacancies remaining unfilled the continuing candidates will thereupon be deemed to be elected.

(2) Where only one vacancy remains unfilled and the votes of any one continuing candidate are equal to or greater than the total of votes credited to other continuing candidates together with any surplus not transferred, the candidate will thereupon be deemed to be elected.

(3) Where the last vacancies can be filled under this rule, no further transfer of votes may be made.

Recount

61.— (1) The returning officer on completion of each stage of the count must, before proceeding with the next stage, inform all the candidates and their election agents then present of his intention, subject to a request for a re-count, to proceed to the next stage.

(2) The returning officer must comply with a request from a candidate or his election agent for a re-count of the last completed stage made before the returning officer proceeds to the next stage, but nothing in this rule shall require the returning office to re-count the same parcel or sub-parcel more than once.

(3) The returning officer may, if he thinks fit, re-count ballot papers either once or more often.

(4) Where as a result of a re-count an error is discovered, the returning officer must, where necessary, amend any results previously announced by him.

Order of election of candidates

62.— (1) The order in which candidates whose votes equal or exceed the quota are deemed to be elected shall be the order in which their respective surpluses were transferred, or would have been transferred but for rule 57(10).

(2) A candidate credited with a number of votes equal to, and not greater than, the quota shall, for the purposes of this rule, be regarded as having had the smallest surplus at the stage of the count at which he obtained the quota.

(3) Where the surpluses of two or more candidates are equal and are not required to be transferred, regard must be had to the total number of votes credited to such candidates at the earliest stage of the count at which they had an unequal number of votes and the surplus of the candidate who had the greatest number of votes at that stage shall be deemed to be the largest.

(4) Where the number of votes credited to two or more candidates were equal at all stages of the count, the returning officer must decide between them by lot and the candidate on whom the lot falls shall be deemed to have been elected first.

Decisions of returning officer

63.   The decision of the returning officer, whether expressed or implied, on any question which arises in relation to the exclusion of any candidate under rule 59 or to any ballot paper or transfer of votes shall be final, but may be reviewed on a European Parliamentary election petition.

PART 4 FINAL PROCEEDINGS IN CONTESTED AND UNCONTESTED ELECTIONS

Declaration of result

64.— (1) In a contested election, when the result of the poll has been ascertained, the returning officer must forthwith—

(a) declare to be elected those candidates who are deemed to be elected under rules 53 to 63;

(b) notify their names to the Secretary of State;

(c) give public notice of—

(i) the names of those candidates;

(ii) the number of first preference votes for each candidate whether elected or not;

(iii) any transfer of votes;

(iv) the total number of votes for each candidate at each stage of the count at which such transfer took place; and

(v) the order in which the successful candidates were elected.

(2) In the case of an uncontested election, the statement of candidates nominated, in addition to showing the person or persons standing nominated, must also declare that person or those persons to be elected; and the returning officer must forthwith notify his or their names to the Secretary of State.

Return or forfeiture of candidate’s deposit

65.— (1) The deposit made under rule 8 of these rules must either be returned to the person making it or his personal representatives or be forfeited to Her Majesty.

(2) Except in the cases mentioned in paragraphs (4) and (5), the deposit must be returned not later than the next day after that on which the result of the election is declared.

(3) For the purposes of paragraph (2)—

(a) a day must be disregarded if it would be disregarded under rule 2(1) in computing any period of time for the purposes of the timetable for an election of the kind in question; and

(b) the deposit must be treated as being returned on a day if a cheque for the amount of the deposit is posted on that day.

(4) Where—

(a) a candidate is not shown as standing nominated in the statement of candidates nominated, or

(b) the candidate has died,

the deposit must be returned as soon as practicable after the publication of that statement or the time when the returning officer is satisfied of the candidate’s death, as the case may be.

(5) Subject to paragraph (4), the deposit must be forfeited if a poll is taken and, if the number of votes credited to the candidate at any stage of the counting of the votes does not exceed one quarter of the quota.

PART 5 DISPOSAL OF DOCUMENTS

Sealing up of ballot papers

66.— (1) On the completion of the counting at a contested election the returning officer must seal up in separate packets the counted and rejected ballot papers.

(2) The returning officer must not open the sealed packets of—

(a) tendered ballot papers,

(b) the completed corresponding number lists,

(c) certificates as to employment on duty on the day of the poll, or

(d) marked copies of the register of electors (including any marked copy notices issued under section 13BA(9) of the 1983 Act(23)) and lists of proxies.

Retention of documents by the Chief Electoral Officer for Northern Ireland

67.— (1) The returning officer (as the Chief Electoral Officer) must then retain the following documents—

(a) the packets of ballot papers in his possession,

(b) the ballot paper accounts and the statements of rejected ballot papers and of the result of the verification of the ballot paper accounts,

(c) the tendered votes lists, the lists of voters with disabilities assisted by companions, the lists of votes marked by the presiding officer and the related statements, the lists maintained under rule 46, and the declarations made by the companions of voters with disabilities,

(d) the packets of the completed corresponding number lists,

(e) the packets of certificates as to employment on duty on the day of the poll,

(f) the packets containing marked copies of registers (including any marked copy notices issued under section 13BA(9) of the 1983 Act) and of the absent voters list, of the lists of proxies and of the proxy postal voters list,

endorsing on each packet a description of its contents.

(2) In this rule and in rules 68 and 69 “Chief Electoral Officer” means the Chief Electoral Officer for Northern Ireland.

Orders for production of documents

68.— (1) An order—

(a) for the inspection or production of any rejected ballot papers in the custody of the Chief Electoral Officer; or

(b) for the opening of a sealed packet of completed corresponding number lists and certificates as to employment on duty on the day of the poll or for the inspection of any counted ballot papers in his custody,

may be made by a county court or the High Court, if the court is satisfied by evidence on oath that the order is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers or for the purpose of a European Parliamentary election petition.

(2) An order for the opening of a sealed packet of completed corresponding number lists or certificates or for the inspection of any counted ballot papers in the custody of the Chief Electoral Officer may be made by an election court.

(3) Subject to paragraph (4), an order under this rule may be made subject to such conditions as to—

(a) persons,

(b) time,

(c) place and mode of inspection,

(d) production or opening,

as the court making the order may think expedient.

(4) In making and carrying into effect an order under paragraph (1) for the opening of a packet of completed corresponding number lists or certificates or for the inspection of counted ballot papers, care must be taken that the way in which the vote of any particular elector has been given must not be disclosed until it has been proved—

(i) that his vote was given; and

(ii) that the vote has been declared by a competent court to be invalid.

(5) An appeal lies to the High Court from any order of a county court under this rule.

(6) Any power given under this rule—

(a) to the High Court, may be exercised by any judge of the court otherwise than in open court; and

(b) to a county court, may be exercised in such manner as may be provided by rules of court.

(7) Where an order is made for the production by the Chief Electoral Officer of any document in his possession relating to any specified election—

(a) the production by him or his agent of the document ordered in such manner as may be directed by that order will be conclusive evidence that the document relates to the specified election; and

(b) any endorsement on any packet of ballot papers so produced will be prima facie evidence that the ballot papers are what they are stated to be by the endorsement.

(8) The production from proper custody of—

(a) a ballot paper purporting to have been used at any election, and

(b) a completed corresponding number list with a number marked in writing beside the number of the ballot paper,

will be prima facie evidence that the elector whose vote was given by that ballot paper was the person whose entry in the register of electors or on a notice issued under section 13BA(9) of the 1983 Act at the time of the election contained the same number as the number written as mentioned in sub-paragraph (b) of this paragraph.

(9) Save as provided by this rule, no person shall be allowed to inspect any rejected or counted ballot papers in the possession of the Chief Electoral Officer or open any sealed packets of completed corresponding number lists and certificates.

Retention and public inspection of documents

69.— (1) The Chief Electoral Officer must retain for a year all documents to which rule 67 applies, and then, unless otherwise directed by order of the High Court, the Crown Court or a magistrates' court, shall cause them to be destroyed.

(2) The documents mentioned in paragraph (1) except—

(a) ballot papers,

(b) the completed corresponding number lists,

(c) certificates as to the employment on duty on the day of the poll,

shall be open to public inspection as provided in Part 7 of these Rules.

PART 6 DEATH OF CANDIDATE

Independent candidate

70.— (1) This rule applies if at a contested election proof is given to the returning officer’s satisfaction before the result of the election is declared that one of the persons named or to be named in the ballot papers as an independent candidate has died.

(2) Subject to this rule and rule 71, these rules apply to the election as if the candidate had not died.

(3) The following provisions of these rules do not apply in relation to the deceased candidate—

(a) rule 34(1)(c) and (d) (admission to polling station);

(b) rule 49(2)(b) to (d) (attendance at verification of ballot paper accounts);

(c) rule 51(3)(b) to (d) (attendance at counting of votes);

(d) rule 65(5) (return or forfeiture of candidate’s deposit).

(4) For the purposes of this rule a person is named or to be named in the ballot papers as an independent candidate if the description (if any) on his nomination paper is not as authorised as mentioned in rule 5(1) or (3).

Deceased independent candidate’s votes are equal to or exceed the quota

71.— (1) This rule applies if at an election mentioned in rule 70(1) the deceased candidate’s votes are equal to or exceed the quota.

(2) Rule 64(1) (declaration of result) does not apply but the returning officer must—

(a) declare that the votes given to the deceased candidate are equal to or exceed the quota (as the case may be),

(b) declare that no MEP is returned, and

(c) give public notice of —

(i) the number of first preference votes given for each candidate,

(ii) any transfer of votes,

(iii) the total number of votes for each candidate at each stage of the count at which such transfer took place,

(iv) the order in which the successful candidates were, subject to the provisions of this rule, elected, and

(v) the number of rejected ballot papers under each head shown in the statement of rejected ballot papers prepared under rule 54(3).

(3) Rule 65 does not apply in relation to the remaining candidates.

(4) The proceedings with reference to the election must be commenced afresh subject to the following provisions of this rule.

(5) The day appointed by order under section 4 of the 2002 Act(24) must be taken as the first Thursday after the expiry of 45 days starting on the day of the election mentioned in rule 70(1).

(6) No fresh nomination is necessary in the case of a person shown in the statement of candidates nominated as standing nominated, and no other nomination may be made.

(7) The last day on which notice of withdrawal of candidature by a person who stands nominated by virtue of paragraph (6) may be delivered is the fourteenth day before the day appointed for the poll under paragraph (5).

(8) Rule 8 does not apply.

(9) In this rule and rule 72 any period of days shall be calculated in accordance with rule 2(1) except that paragraph (1)(b) of that rule shall be applied as if this were an election to which rule 2(2)(b) applied.

Party candidate

72.— (1) This rule applies if—

(a) at a contested election proof is given to the returning officer’s satisfaction before the result of the election is declared that one of the persons named or to be named as a candidate in the ballot papers has died, and

(b) that person is standing in the name of a registered political party.

(2) The returning officer must—

(a) countermand notice of the poll, or

(b) if polling has begun, direct that the poll be abandoned.

(3) The procedure with reference to the election must be commenced afresh subject to the following provisions of this rule.

(4) The day appointed by order under section 4 of the 2002 Act must be taken as the first Thursday after the expiry of 45 days starting on the day the proof is given to the returning officer.

(5) No fresh nomination is necessary in the case of a person shown in the statement of candidates nominated as standing nominated.

(6) No other nomination may be made except for a person standing in the name of the same registered political party in whose name the deceased candidate was standing.

(7) The last day on which a nomination mentioned in paragraph (6) may be delivered is the fifteenth day before the day appointed for the poll under paragraph (4).

(8) The last day on which notice of withdrawal of candidature by a person who stands nominated by virtue of paragraph (5) or in pursuance of paragraph (6) may be delivered is the fifteenth day before the day appointed for the poll under paragraph (4).

(9) For the purposes of this rule—

(a) a person stands in the name of a registered political party if his nomination paper contains a description which is authorised as mentioned in rule 5(1) or (3); and

(b) a registered political party is a party which is registered under Part 2 of the 2000 Act(25).

Abandoned poll

73.— (1) This rule applies to a poll which is abandoned in pursuance of rule 72(2)(b).

(2) The presiding officer at a polling station must take the like steps (so far as not already taken) for the delivery of ballot boxes and ballot papers and other documents as he is required to take on the close of the poll except that he must deliver or cause them to be delivered to the returning officer.

(3) The returning officer (as the Chief Electoral Officer for Northern Ireland) must retain the ballot papers and other documents in his possession as he is required to do on the completion of the counting of the votes.

(4) It is not necessary for a ballot paper account to be prepared or verified.

(5) No step or further step is to be taken for the counting of the ballot papers or of the votes.

(6) The returning officer must seal up all the ballot papers (whether the votes on them have been counted or not) and it is not necessary to seal up counted and rejected ballot papers in separate packets.

(7) The provisions of these rules as to the inspection, production, retention and destruction of ballot papers and other documents relating to a poll at an election apply subject to paragraphs (8) and (9).

(8) Ballot papers on which the votes were neither counted nor rejected must be treated as counted ballot papers.

(9) No order is to be made for—

(a) the production or inspection of any ballot papers, or

(b) the opening of a sealed packet of the completed corresponding number lists or of certificates as to employment on the day of the poll, unless the order is made by a court with reference to a prosecution.

PART 7 ACCESS TO MARKED REGISTERS AND OTHER DOCUMENTS OPEN TO PUBLIC INSPECTION AFTER AN ELECTION

Interpretation and general

74.— (1) In this Part—

“Chief Electoral Officer” means the Chief Electoral Officer for Northern Ireland;

“edited register” has the same meaning as in regulation 93 of the 2008 Regulations;

“enactment” has the same meaning as in section 17(2) of the Representation of the People Act 2000(26);

“the full register” means the register published under section 13(1) or (3) of the 1983 Act;

“marked register and lists” means any part of the marked copies of the full register, marked copy notices under section 13BA(9) of the 1983 Act(27), list of proxies, absent voters list and proxy postal voters list retained by the Chief Electoral Officer under rule 67;

“processor” means any person who provides a service which consists of putting information in data form or processing information in data form and any reference to a processor includes a reference to his employees;

“relevant conditions” has the same meaning as in section 33(1) of the Data Protection Act 1998(28);

“research purposes” shall be construed in accordance with section 33(1) of the Data Protection Act 1998; and

“2008 Regulations” means the Representation of the People (Northern Ireland) Regulations 2008(29).

(2) In this Part, any reference to an employee of any person who has access to a copy of the full register shall be deemed to include a person working or providing services for the purposes of that person or employed by or on behalf of, or working for, any person who is so working or who is supplying such a service.

(3) The processor may not disclose the full register or the information contained in it except to the person who supplied it to the processor or an employee of that person or a person who is entitled to obtain a copy of the full register under the 2008 Regulations or any employee of such a person.

(4) In this Part, any reference to a day that is disregarded shall be interpreted, or any period of days shall be calculated, in accordance with rule 2(1) except the reference in that rule to a “bank holiday” shall mean a bank holiday within the meaning of paragraph (2)(b) of that rule.

(5) Any duty on the Chief Electoral Officer to supply records or lists or make them available for inspection under this Part imposes only a duty to provide that information in the form in which he holds it.

(6) The Chief Electoral Officer may unseal the packets of documents he is required to keep under rule 67 as necessary to comply with his duties under this Part.

Supply of marked registers and lists after a European Parliamentary election

75.— (1) Any person entitled to be supplied in accordance with regulation 99, 102, 104, 105, 106, 107 or 111 of the 2008 Regulations with copies of the full register at a particular European Parliamentary election is also a person entitled, subject to this rule and rule 78, to request that the Chief Electoral Officer supply copies of the relevant part (within the meaning of those regulations) of the marked register or lists he is required to keep.

(2) A person whose entitlement to request copies of the marked register or lists under paragraph (1) arises from being in a category of persons to whom regulation 102, 104, 105, or 106 applies before a particular European Parliamentary election, shall be entitled to request those documents regardless of whether, after that election, he remains in a category of persons who are entitled under those provisions.

(3) A request under paragraph (1) must be made in writing and must—

(a) specify which of the marked register or lists (or the relevant part of the register or lists) are requested;

(b) state whether a printed copy of the records or lists is requested or a copy in data form; and

(c) state the purpose for which the marked register or lists will be used and why the supply or purchase of a copy of the full register or unmarked lists would not be sufficient to achieve that purpose.

(4) The Chief Electoral Officer must supply a copy of the relevant part of the marked register or lists where a request is duly made, and—

(a) he is satisfied that the requestor needs to see the marks on the marked register or lists in order to achieve the purpose for which they are requested; and

(b) he has received payment of a fee calculated in accordance with rule 78.

(5) If the Chief Electoral Officer is not satisfied in accordance with paragraph (4)(a) he may treat the request for a marked register or a list as a request for information in unmarked lists under regulation 66 of the 2008 Regulations or for the published copy of the full register in accordance with regulation 110 of the 2008 Regulations, or both.

(6) A person who obtains a copy of any part of a marked register or list under this rule may only use it for the permitted purpose specified in rule 77(2), and any conditions—

(a) specified in that rule, or

(b) which would apply to the use of the full register under whichever of regulations 99, 102, 104,105, 106, 107 or 111 of the 2008 Regulations entitled that person to obtain that document,

shall apply to such use.

(7) Any person who has obtained or is entitled to obtain a copy of the marked register or lists under this rule may—

(a) supply a copy of the marked register or lists to a processor for the purpose of processing the information contained therein, or

(b) procure that a processor processes and supplies to them any copy of the information in the marked register or lists which the processor has obtained under this rule,

for use in respect of the purposes for which that person is entitled to obtain such copy or information (as the case may be).

Inspection of documents open to public inspection

76.— (1) Any person is entitled to request that the Chief Electoral Officer make available for inspection a copy of any of the following documents (referred to in this rule and rule 77 as the “documents open to public inspection”)—

(a) the marked register or lists;

(b) such other documents relating to an election as the Chief Electoral Officer is required by or under any enactment to retain for any period except—

(i) ballot papers,

(ii) completed corresponding number lists, and

(iii) certificates of employment on the day of the election.

(2) A request under paragraph (1) must be made in writing and must specify–

(a) which documents are requested;

(b) the purpose for which the information in any document will be used,

(c) where the request is to inspect the marked register or lists, any reason why inspecting the full register or unmarked lists would not be sufficient to achieve that purpose,

(d) who will inspect the documents,

(e) the date on which they wish to inspect the documents, and

(f) whether they would prefer to inspect the documents in printed or data form.

(3) Subject to paragraph (2) the Chief Electoral Officer must make the documents open to public inspection available for inspection under supervision not later than 10 days after the date of receipt of a request that has been duly made.

(4) If the date on which the requestor wishes to inspect the documents is a day more than 10 days after the date of the receipt of the request, the Chief Electoral Officer must make the documents open to inspection on that date or, if that is a day disregarded by virtue of rule 2, the next day that is not so disregarded.

(5) Where a request has been made to inspect copies of the marked register or lists under paragraph (2) and the Chief Electoral Officer is not satisfied that the purposes of the requestor cannot be met by inspection of the full register, he must inform the requestor—

(a) of his decision under this paragraph, and

(b) provide the requestor with information concerning the availability of the published full register for inspection in accordance with regulation 52 of the 2008 Regulations(30).

(6) A person who obtains a copy of or information in any document open to public inspection under this rule may use it only for the permitted purposes specified in rule 77, and any conditions—

(a) specified in that rule,

(b) specified in paragraph (8) below, or

(c) which would apply to the use of the full register under regulation 107 of the 2008 Regulations where such a person has obtained a copy of that document under paragraph (9) below,

shall apply to such use.

(7) Where inspection takes place by providing the records or lists on a computer screen or otherwise in data form, the Chief Electoral Officer must ensure the manner in which, and the equipment on which, that copy is provided do not permit any person consulting that copy to—

(a) search it by electronic means by reference to the name of any person; or

(b) copy or transmit any part of that copy by electronic or any other means.

(8) Subject to paragraph (9), a person who inspects a copy of a document open to public inspection, whether in printed copy or in data form, may not—

(a) make copies of any part of it, or

(b) record any particulars in it,

except that a person who inspects a copy of the marked register or lists may make hand written notes.

(9) The Chief Electoral Officer must, on request, supply free of charge copies of any documents open to public inspection to a person who has inspected those documents and who is entitled to be supplied with a copy of the marked register or lists by virtue of being a person to whom regulation 107 of the 2008 Regulations applies.

Conditions on the use, supply and disclosure of documents open to public inspection

77.— (1) Subject to paragraphs (2) and (3), the restrictions on the supply, disclosure and use of information in regulations 94 and 95 of the 2008 Regulations shall apply to the documents open to public inspection as they apply to the full register.

(2) Where a person—

(a) obtains copies of information in the marked register or lists in accordance with rule 75(1), or

(b) inspects information in accordance with rule 76(1),

• the permitted purpose means either research purposes or electoral purposes.

(3) Where a copy of any information was supplied in the circumstances to which rule 76(9) applies, the permitted purpose means the purposes set out in regulation 107(3) of the 2008 Regulations.

Fees relating to the marked registers and lists

78.— (1) The fee to be paid in accordance with rule 75(4)(b) by a person making a request for a copy of the whole or of any part of the marked register or lists is set out in paragraph (2).

(2) The fee shall be—

(a) in printed form, the sum of £10 plus £5 for each 1000 entries (or remaining part of 1000 entries) in the register or lists; and

(b) in data form, the sum of £20 plus £1.50 for each 1000 entries (or remaining part of 1000 entries) in the register or lists.

(3) For the purposes of this rule, a request for a copy of the whole or the same part of the marked register or lists in both a printed and data form may be treated as two separate requests.

PART 8 APPENDIX OF FORMS

Note:— The forms contained in this Appendix may be adapted so far as circumstances require.

Form A	Form of Front of Ballot Paper and Form of Back of Ballot Paper together with the Directions for printing the ballot paper
Form B	Corresponding Number List for issue of postal ballot papers at a European Parliamentary Election
Form C	Corresponding Number List for use in polling station at a European Parliamentary Election
Form D	Corresponding Number List for issue of postal ballot papers to be used when a European Parliamentary Election is combined with another election
Form E	Corresponding Number List for use in polling station when a European Parliamentary Election is combined with another election
Form F	Official Poll Card issued to an elector voting at a polling station
Form G	Official Poll Card issued to a proxy voting at a polling station
Form H	Directions for guidance for voters at a polling station
Form I	Certificate of Employment
Form J	Form of declaration to be made by the companion of a voter with disabilities

Rule 19

FORM A THE BALLOT PAPER

Rule 20(2)

FORM B Corresponding Number List

Rule 20(3)

FORM C Corresponding Number List

Rule 20(4)

FORM D Corresponding Number List

Rule 20(5)

FORM E Corresponding Number List

Rule 29(3)

FORM F ELECTOR'S OFFICIAL POLL CARD

Rule 29(4)

FORM G PROXY'S OFFICIAL POLL CARD

Rule 30(6)

FORM H GUIDANCE FOR VOTERS

Rule 34(4)

FORM I CERTIFICATE OF EMPLOYMENT

Rule 41(8)

FORM J DECLARATION TO BE MADE BY THE COMPANION OF A VOTER WITH DISABILITIES

”

(1)

1971 c. 80.

(2)

Sections 28A and 28B of the Political Parties, Elections and Referendums Act 2000 (c. 41) were inserted by section 49(1) of the Electoral Administration Act 2006 (c. 22).

(3)

2002 c. 24. Section 10 has been amended by section 145 of, and paragraph 32 of Schedule 17 to, the Constitutional Reform Act 2005 (c. 4) but those amendments have not yet been brought into force. It has also been amended by section 18 of the Electoral Administration Act 2006 (c. 22).

(4)

O.J.L 329, 30.12.1993, page 34.

(5)

2000 c. 41. Sections 6A and 6B were inserted by section 29 of the Electoral Administration Act 2006 (c. 22).

(6)

1981 c. 34.

(7)

1981 c. 34.

(8)

1985 c. 50. Section 15(1) was amended by section 3 of the European Communities (Amendment) Act 1986 (c. 58) and was extended to Northern Ireland by the Elections Act 2001 (c. 7). Other amendments made to this section are not relevant to Northern Ireland.

(9)

Section 13BA(9) of the Representation of the People Act 1983 (c. 2) was inserted by section 6 of the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33).

(10)

Sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000 (c. 41) were inserted by section 29 of the Electoral Administration Act 2006 (c. 22).

(11)

Section 13BA of the Representation of the People Act 1983 (c. 2) was inserted by section 6 of the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33).

(12)

1983 c. 2. Sections 10(4A) and 13A(2A) were inserted by section 1 of the Electoral Fraud (Northern Ireland) Act 2002 (c. 13); section 10(1) was amended by and section 10(1A) was inserted by section 2 of the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33).

(13)

1983 c. 2. Section 13C was inserted by section 4 of the Electoral Fraud (Northern Ireland) Act 2002 (c. 13).

(14)

1972 c. 20. This Act was repealed by the Road Traffic (Consequential Provisions) Act 1988 (c. 54).

(15)

1988 c. 52.

(16)

S.I. 1981/154.

(17)

Section 13BA of the Representation of the People Act 1983 (c. 2) was inserted by section 6 of the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33).

(18)

Section 13BA of the Representation of the People Act 1983 (c. 2) was inserted by section 6 of the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33).

(19)

Sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000 (c. 41) were inserted by section 29 of the Electoral Administration Act 2006 (c. 22).

(20)

1983 c. 2. Sections 10 (4A) and 13A(2A) were inserted by section 1 of the Electoral Fraud (Northern Ireland) Act 2002 (c. 13); section 10(1) was amended by and section 10(1A) was inserted by section 2 of the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33).

(21)

1983 c. 2. Sections 10(4B), 10A(1B) and 13A(2A) were all inserted by the Electoral Fraud (Northern Ireland) Act 2002 (c. 13).

(22)

Sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000 (c. 41) were inserted by section 29 of the Electoral Administration Act 2006 (c. 22).

(23)

Section 13BA of the Representation of the People Act 1983 (c. 2) was inserted by section 6 of the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33).

(24)

2002 c. 24.

(25)

2000 c. 41. Part 2 establishes two registers of political parties, one for Great Britain and one for Northern Ireland.

(26)

2000 c. 2.

(27)

Section 13BA of the Representation of the People Act 1983 (c. 2) was inserted by Section 6 of the Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33).

(28)

1998 c. 29.

(29)

S.I. 2008/1741.

(30)

S.I. 2008/1741.