91.—(1) The returning officer shall [F2retain together with] the documents mentioned in rule 55 of the elections rules–
(a)any packets referred to in regulations 75, 77(6) [F3, 78(2C)] [F4, [F578A(2),] 84(8)], and 89 above, subject to regulation 90 above, endorsing on each packet a description of its contents, the date of the election to which it relates and the name of the constituency or electoral ward for which the election (or elections) was (or were) held, and
(b)a completed statement in Form K of the number of postal ballot papers issued.
[F6(c)any list compiled under regulation 87(4).]
(2) Where–
(a)any covering envelopes are received by the returning officer after the close of the poll (apart from those delivered in accordance with the provisions of regulation 79(3) above);
(b)any envelopes addressed to postal voters are returned as undelivered too late to be readdressed, or
(c)any spoilt postal ballot papers are returned too late to enable other postal ballot papers to be issued,
the returning officer shall put them unopened in a separate packet, seal up such packet and endorse and [F7retain it] in the manner described in paragraph (1) above.
(4) [F8Rules 56, 57 and 58] of the elections rules shall apply to any packet or document [F9retained] under this regulation [F10save that in applying rules 56 and 57 to the list provided for by regulation 87(4), this list and any extracts from it are to be treated as if they were counted ballot papers.]
(5) A copy of the statement referred to in paragraph (1)(b) above shall be provided by the returning officer to the Secretary of State [F11and the Electoral Commission in the period which starts 10 days after the day of the poll and ends 15 days after the day of the poll].
Textual Amendments
F1Reg. 91 heading substituted (26.3.2010) by The Representation of the People (Scotland) (Amendment) Regulations 2010 (S.I. 2010/980), regs. 1(1), 3(1) (with reg. 1(2))
F2Words in reg. 91(1) substituted (26.3.2010) by The Representation of the People (Scotland) (Amendment) Regulations 2010 (S.I. 2010/980), regs. 1(1), 3(3) (with reg. 1(2))
F3Word in reg. 91(1)(a) inserted (23.3.2006) by The Representation of the People (Scotland) (Amendment) Regulations 2006 (S.I. 2006/834), regs. 1(1), 11(2)
F4Word in reg. 91(1)(a) inserted (with effect in accordance with reg. 1(2)(3)(b) of the amending S.I.) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 41
F5Word in reg. 91(1)(a) inserted (6.4.2014) by The Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3206), regs. 1(3)(c), 37(a)
F6Reg. 91(1)(c) inserted (6.4.2014) by The Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3206), regs. 1(3)(c), 37(b)
F7Words in reg. 91(2) substituted (26.3.2010) by The Representation of the People (Scotland) (Amendment) Regulations 2010 (S.I. 2010/980), regs. 1(1), 3(4) (with reg. 1(2))
F8Words in reg. 91(4) substituted (26.3.2010) by The Representation of the People (Scotland) (Amendment) Regulations 2010 (S.I. 2010/980), regs. 1(1), 3(5) (with reg. 1(2))
F9Word in reg. 91(4) substituted (26.3.2010) by The Representation of the People (Scotland) (Amendment) Regulations 2010 (S.I. 2010/980), regs. 1(1), 3(5) (with reg. 1(2))
F10Words in reg. 91(4) inserted (6.4.2014) by The Representation of the People (Scotland) (Description of Electoral Registers and Amendment) Regulations 2013 (S.I. 2013/3206), regs. 1(3)(c), 37(c)
F11Words in reg. 91(5) inserted (23.3.2006) by The Representation of the People (Scotland) (Amendment) Regulations 2006 (S.I. 2006/834), regs. 1(1), 11(3)
Modifications etc. (not altering text)
C1Reg. 91 applied (with modifications) (26.2.2016) by The European Union Referendum (Conduct) Regulations 2016 (S.I. 2016/219), reg. 1, Sch. 3 para. 49
Commencement Information
I1Reg. 91 in force at 16.2.2001, see reg. 1(1)