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44(1)No person other than—
(a)the returning officer and his clerks,
(b)the candidates [F1and one other person chosen by each of them],
(c)the election agents,
(d)the counting agents,
(e)the constables on duty,
[F2(f)a person who is entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000.]
may be present at the counting of the votes, unless permitted by the returning officer to attend.
(2)A person not entitled to attend at the counting of the votes shall not be permitted to do so by the returning officer unless [F3 the returning officer—
(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.]
(3)The returning officer shall give the counting agents all such reasonable facilities for overseeing the proceedings at the counting of the votes (including in particular, facilities for satisfying themselves that the ballot papers are correctly sorted) and all such information with respect thereto as he can give them consistently with the orderly conduct of the proceedings and the performance of his functions.
F1Words in Sch. 5 rule 44(1)(b) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 71(2) (with art. 1(3))
F2Sch. 5 rule 44(1)(f) inserted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 77(2), Sch. 1 para. 58; S.I. 2008/1316, art. 2(3), 5(f)(iii)
F3Words in Sch. 5 rule 44(2) substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 71(3) (with art. 1(3))
Modifications etc. (not altering text)
C1Sch. 5 rule 44 excluded (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 8 para. 35
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