The Local Elections (Principal Areas) (Wales) Rules 2021

Procedure on close of poll E+W

51.—(1) This rule sets out the steps that must be taken by the presiding officer as soon as practicable after every voter has cast their vote.

(2) In the presence of any polling agents appointed for the purposes of the principal area election or a relevant election who are in the polling station, the presiding officer must seal each ballot box (with the key if any attached) in use at the polling station so as to prevent the introduction of additional ballot papers, using the presiding officer’s seal and the seals of any polling agents who wish to affix their seal.

(3) F1 ... The presiding officer must place each of the following in separate packets, sealed using the presiding officer’s seal and the seals of any polling agents who wish to affix their seal—

(a) the unused and spoilt ballot papers (together);

(b) the tendered ballot papers;

(c) the marked copies of the registration records and list of proxies (together);

(d) the polling station’s corresponding number list, as marked (see rule 42(2)(c)) (referred to in the following provisions of these rules as “the completed corresponding number list”);

(e) any certificates surrendered under rule 37(4) or (5) (surrender of certificates issued to constables or staff of returning officers);

(f) the following lists and declarations (together)—

(i) the list of votes marked by the presiding officer, together with a statement of the number of voters whose votes are marked under the heads “disability” and “unable to read” (see rule 43);

(ii) the declarations made by the companions of voters with disabilities (see rule 44);

(iii) the list of voters with disabilities assisted by companions (see rule 45);

(iv) the tendered votes list (see rule 47);

(v) the list maintained under rule 49 (correction of errors on day of poll).

[F2 (3A) The presiding officer must do anything required by paragraph (3)(a), (b), (e) or (f) in the polling station, in the presence of any polling agents who are there.

(3B) The presiding officer may do anything required by paragraph (3)(c) or (d)—

(a) in the polling station, in the presence of any polling agents who are there, or

(b) if the presiding officer has informed the polling agents and given them an opportunity to attend, at any other place that the presiding officer considers appropriate, in the presence of any polling agents who are there.]

(4) The presiding officer must deliver the sealed ballot boxes and packets to the co-ordinating returning officer or cause them to be delivered in accordance with arrangements approved by that returning officer.

(5) The packets must be accompanied by a statement (“a ballot paper account”) prepared by the presiding officer showing—

(a) the number of ballot papers given to the presiding officer, and

(b) how the ballot papers are accounted for under the following headings—

(i) the number of ballot papers issued and not otherwise accounted for;

(ii) the number of ballot papers unused;

(iii) the number of spoilt ballot papers;

(iv) the number of tendered ballot papers.

(6) The contents of the packets containing the unused and spoilt ballot papers and the tendered ballot papers must not be combined with the contents of the packets made under the corresponding rule that applies at any relevant election.

(7) The ballot paper account must not be combined with the ballot paper account prepared under the corresponding rule that applies at any relevant election.

(8) In this rule, “the marked copies of the registration records” means the copies of the registration records (as defined by rule 40(7)), as marked in accordance with these rules.

Textual Amendments

F1 Words in Sch. 2 rule. 51(3) omitted (10.3.2022) by virtue of The Local Elections (Miscellaneous and Consequential Amendments) (Wales) Regulations 2022 (S.I. 2022/263), regs. 1(2), 3(3)(b)(i) (with reg. 12(a))

F2 Sch. 2 rule. 51(3A)(3B) inserted (10.3.2022) by The Local Elections (Miscellaneous and Consequential Amendments) (Wales) Regulations 2022 (S.I. 2022/263), regs. 1(2), 3(3)(b)(ii) (with reg. 12(a))

Commencement Information

I1 Sch. 2 rule 51 in force at 17.12.2021, see rule 1