The National Assembly for Wales Referendum (Assembly Act Provisions) (Referendum Question, Date of Referendum Etc.) Order 2010

Orders for production of documents

43.—(1) An order—

(a) for the inspection or production of any rejected ballot papers in the custody of the relevant registration officer;

(b) for the opening of a sealed packet of the completed corresponding number lists or of the certificates as to employment on duty on the day of the poll; or

(c) for the inspection of any counted ballot papers in the custody of the relevant registration officer,

may be made by the High Court or a county court if 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 proceedings brought as mentioned in paragraph 12 of Schedule 6 to the 2006 Act.

(2) An order under this rule may be made subject to such conditions as to—

(a) persons;

(b) time;

(c) place and mode of inspection; or

(d) production or opening,

as the court making the order may think expedient.

(3) In making and carrying into effect an order for the opening of a sealed packet referred to in paragraph (1)(b) or for the inspection of counted ballot papers, care must be taken that the way in which the vote of any particular voter has been given is not disclosed until it has been proved—

(a) that the person’s vote was given; and

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

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

(5) Any power given under this rule to the High Court, or to a county court, may be exercised by any judge of the court otherwise than in open court.

(6) Where an order is made for the production by the relevant registration officer of any document in that officer’s possession relating to the referendum—

(a) the production by the relevant registration officer or by the agent of that officer of the document ordered in such a manner as may be directed by that order is conclusive evidence that the document relates to the referendum; and

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

(7) The production from proper custody of—

(a) a ballot paper purporting to have been used in the referendum; and

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

is prima facie evidence that the elector whose vote was given by that ballot paper was the person whose entry in the register (or on a notice issued under section 13B(3B) or (3D) of the 1983 Act) at the time of the referendum contained the same number as the number written as mentioned in sub-paragraph (b).

(8) Except in accordance with this rule, no person may inspect any rejected or counted ballot papers in the possession of the relevant registration officer or open any sealed packets of the completed corresponding number lists or of the certificates as to employment on duty on the date of the referendum.