Electoral Administration Act 2006

31 Replacement of counterfoils U.K.

(1) Schedule 1 to the 1983 Act (parliamentary elections rules) is amended as follows.

(2) After rule 19 insert—

“19A “Corresponding number list

(1) The returning officer must prepare a list containing the numbers and other unique identifying marks of all of the ballot papers to be issued by him in pursuance of rule 24(1) or provided by him in pursuance of rule 29(1).

(2) The list shall be in such form as the Secretary of State in regulations prescribes.”

(3) In rule 29 (equipment of polling stations), in paragraph (3), after sub-paragraph (d) insert—

“(e) a list consisting of that part of the list prepared under rule 19A which contains the numbers (but not the other unique identifying marks) corresponding to those on the ballot papers provided to the presiding officer of the polling station.”

(4) In rule 43 (procedure on close of poll)—

(a) in paragraph (1), after sub-paragraph (d) insert—

“(da) the lists prepared under rule 19A, including the parts which were completed in accordance with rule 37(1)(b) and (d) (together referred to in these rules as “the completed corresponding number lists”);”;

(b) in paragraph (1)(e) omit “the counterfoils of the used ballot papers and”;

(c) in paragraph (2) for “counterfoils of the used ballot papers and” substitute “ completed corresponding number lists or ”.

(5) In rule 54 (sealing up of ballot papers), for paragraph (2) substitute—

“(2) The returning officer shall not open the sealed packets of—

(a) tendered ballot papers,

(b) the completed corresponding number lists,

(c) certificates as to employment on duty on the day of the poll, or

(d) marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of this Act) and lists of proxies.”

(6) In rule 55 (delivery of documents), in paragraph (1)—

(a) after sub-paragraph (c) insert—

“(ca) the packets of the completed corresponding number lists,”;

(b) in sub-paragraph (d) omit “counterfoils and”.

(7) In rule 56 (orders for production of documents)—

(a) in paragraph (1)(b) for “counterfoils and” substitute “ the completed corresponding number lists or of ”9;

(b) in paragraph (2) for “counterfoils and” substitute “ the completed corresponding number lists or of ”;

(c) in paragraph (3) for “counterfoils and” substitute “ the completed corresponding number lists or of ”;

(d) for paragraph (7) substitute—

“(7) The production from proper custody of—

(a) a ballot paper purporting to have been used at any election, and

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

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

(e) in paragraph (8) for “counterfoils and” substitute “ the completed corresponding number lists or of ”.

(8) In rule 57 (retention and public inspection of documents), for paragraph (2) substitute—

“(2) The documents mentioned in paragraphs (1) and (1A) except—

(a) ballot papers,

(b) the completed corresponding number lists,

(c) certificates as to employment on duty on the day of the poll,

shall be open to public inspection.”

(9) In the Appendix of forms—

(a) in the Form of Front of Ballot Paper omit “Counterfoil No. The counterfoil is to have a number to correspond with that on the back of the ballot paper”;

(b) in the Form of Back of Ballot Paper omit “Note.— The number on the ballot paper is to correspond with that on the counterfoil”.

Commencement Information

I1 S. 31 partly in force; s. 31 not in force at Royal Assent see s. 77; s. 31(1)-(3)(5)-(9) in force for E.W.S and s. 31(4) in force for E.W.S for certain purposes at 1.1.2007 by S.I. 2006/3412, art. 3, Sch. 1 para. 14(o)(p) (subject to Sch. 2); s. 31(2) in force for N.I. at 14.5.2008 and s. 31(1)(3)(4)(b)(c)(5)-(9) in force for N.I. at 1.7.2008 by S.I. 2008/1316, arts. 2(1){(2)}, 3(c), 4(m)(n)