Parliamentary Voting System and Constituencies Act 2011

Attendance at the count

39 (1) The counting officer must make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the close of the poll.

(2) The counting officer must give the counting agents notice in writing of the time and place at which the counting of votes will begin.

(3) A person may be present at the counting of the votes only if—

(a) the person falls within paragraph (4), or

(b) the person is permitted by the counting officer to attend.

(4) The persons within this paragraph are—

(a) the Chief Counting Officer, the Regional Counting Officer (where the voting area is in a region for which a Regional Counting Officer is appointed) and the counting officer;

(b) the counting officer’s clerks;

(c) the referendum agents;

(d) the counting agents;

(e) persons who are entitled to attend by virtue of any of sections 6A to 6D of the 2000 Act.

(5) The counting officer may give a person permission under paragraph (3)(b) only if—

(a) the officer is satisfied that the person’s attendance will not impede the efficient counting of the votes, and

(b) the officer has consulted the referendum agents or thought it impracticable to do so.

(6) The counting officer must give the counting agents—

(a) whatever reasonable facilities for overseeing the proceedings, and

(b) whatever information with respect to the proceedings,

the officer can give them consistently with the orderly conduct of the proceedings and the discharge of the officer’s duties.

(7) In particular, where the votes are counted by sorting the ballot papers according to the answer for which the vote is given and then counting the number of ballot papers for each answer, the counting agents are entitled to satisfy themselves that the ballot papers are correctly sorted.