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

PART 6 Final proceedings

Counting officer’s certification and declaration

39.—(1) When the Chief Counting Officer has determined that it is appropriate to do so, the Chief Counting Officer must direct a counting officer to —

(a) make the certification for the referendum under section 128(5) of the 2000 Act in the form N set out in Schedule 6; and

(b) provide final versions of the counting officer’s statements of —

(i) the verification of ballot paper accounts under rule 34(11); and

(ii) rejected ballot papers under rule 35(4).

(2) The counting officer, having made such certification, must —

(a) forthwith give the Chief Counting Officer notice of the matters so certified, and

(b) as soon as reasonably practicable give the Chief Counting Officer notice of the number of rejected ballot papers under each head shown on the final statement of rejected ballot papers.

(3) When authorised by the Chief Counting Officer to do so, the counting officer must —

(a) make a public declaration of the matters so certified, and

(b) give public notice in writing of the matters so certified together with the number of rejected ballot papers under each head shown in the final statement of rejected ballot papers.

(4) A counting officer may not make the certification under section 128(5) of the 2000 Act until directed to do so under paragraph (1)(a).

Chief Counting Officer’s certification and declaration of result of referendum

40.—(1) The Chief Counting Officer, having made the certification for the referendum under section 128(6) of the 2000 Act in the form O set out in Schedule 6, must —

(a) forthwith make a public declaration of the matters so certified, and

(b) as soon as practicable give public notice in writing of the matters so certified together with the number of rejected ballot papers under each head shown in the final statements of rejected ballot papers.

(2) At the same time as the Chief Counting Officer gives the public notice required under paragraph (1)(b), the Chief Counting Officer is to send a copy of that notice to —

(a) the Welsh Ministers, and

(b) the Secretary of State.