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The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012

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This is the original version (as it was originally made).

Chief Counting Officer’s re-count

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40.—(1) This rule and rule 41 apply where two or more referendums are held in respect of a precepting authority’s relevant basic amount of council tax for the financial year.

(2) As soon as practicable after the conclusion of the count (which includes any re-count whether or not directed under this rule), the counting officer must draw up a provisional statement showing—

(a)the number of ballot papers counted by him or her; and

(b)the number of votes cast in favour of each answer to the question asked in the referendum.

(3) As soon as possible after completion of the provisional statement, the counting officer must inform the Chief Counting Officer of its contents.

(4) Once the Chief Counting Officer has received the report of any counting officer on the contents of his or her provisional statement prepared under paragraph (2) and under rule 37(5), the Chief Counting Officer may direct the counting officer to re-count (or further re-count) the votes.

(5) A re-count directed by the Chief Counting Officer under paragraph (4) may be of the votes in all the voting areas, or in such of the voting areas as he or she considers reasonable.

(6) A counting officer must proceed with a re-count as soon as practicable after receipt of the Chief Counting Officer’s direction, and if not proceeding forthwith shall notify those counting observers entitled to be present at the re-count of the time and place at which he or she will begin to re-count the votes.

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