Postal ballots: disposal of documents by the returning or counting officerI15

1

The returning officer for a relevant by-election—

a

subject to paragraph (2), must not take any steps or further steps to open a covering envelope, or deal with the contents of an opened relevant envelope, in accordance with Part 5 of the 2001 Regulations;

b

must treat as if it were a counted ballot paper—

i

any unopened covering envelope;

ii

the contents of any opened relevant envelope; and

iii

any contents of the postal ballot box.

2

Where the polls for one or more relevant by-elections were due to be taken together—

a

the returning officer may open any covering envelopes or ballot paper envelopes in order to separate the contents by election for the purposes of paragraph (4);

b

the requirements of Part 5 of the 2001 Regulations do not apply to any such opening of envelopes.

3

The returning officer—

a

must seal up in packets—

i

any contents of the receptacle for rejected votes;

ii

any contents of the receptacle for ballot paper envelopes;

iii

any contents of the receptacle for rejected ballot paper envelopes;

iv

any lists of spoilt, lost or cancelled postal ballot papers kept in accordance with regulations 77(8), 78(4) or 78A(3) of the 2001 Regulations;

v

any contents of the receptacle for rejected votes (verification procedure);

vi

any contents of the receptacle for postal voting statements (verification procedure);

vii

anything treated as if it were a counted ballot paper under paragraph (1)(b) which would not otherwise be contained in a packet in accordance with sub-paragraphs (i) to (vi);

viii

the marked copies of the postal voters list and the proxy postal voters list;

b

must forward those packets to the relevant registration officer, together with—

i

any sealed packets described in regulations 75(1), 77(6), 78(2C) and 78A(2)(c) of the 2001 Regulations (completed corresponding number lists and spoilt, lost and cancelled postal ballot papers);

ii

any list required to be compiled in accordance with regulation 87(4) of the 2001 Regulations (lists of rejected ballot papers).

4

The returning officer must endorse each packet described in paragraph (4) with—

a

a description of its contents;

b

the date of the poll for the relevant by-election; and

c

the name of the electoral area (or areas) to which the relevant by-election relates.

5

Section 36(4) or (5A) of the 1983 Act (local elections in England and Wales: payment of expenditure) M1 applies to all expenditure properly incurred by a returning officer in relation to the exercise of the officer's functions under this regulation as it applies to expenditure properly incurred in relation to the holding of an election.