Electoral Law Act (Northern Ireland) 1962

Procedure on close of poll N.I.

41 (1) As soon as practicable after the close of the poll, the presiding officer shall, in the presence of the polling agents, make up into separate packets, sealed with his own seal and the seals of such polling agents as desire to affix their seals—

(a) each ballot box in use at the station, sealed so as to prevent the introduction of additional ballot papers and unopened, but with the key [F1 (if it has a lock)] attached,

(b) the unused and spoilt ballot papers placed together,

(c) the tendered ballot papers,

(d) the marked copies of the register of electors [F2 (including any marked copy notices issued under section 13BA(9) of the 1983 Act)] and of the list of proxies,

[F3 (da) the lists prepared under rule 16A including the part that was completed in accordance with rule 34(1)(c) (in these rules referred to as “the completed corresponding number lists”).]

(e) F4 . . . the certificates as to employment on duty on the day of the poll,

(f) the tendered votes list, the list of [F5 voters with disabilities] assisted by companions, the list of votes marked by the presiding officer, a statement of the number of voters whose votes are so marked by the presiding officer under the heads [F6 “disability”] and unable to read, [F7 the list maintained under rule 39A,] and the declarations made by the companions of [F5 voters with disabilities],

and shall deliver the packets or cause them to be delivered to the returning officer to be taken charge of by him; but if the packets are not delivered by the presiding officer personally to the returning officer, the arrangements for their delivery shall require the returning officer's approval.

[F8 (1A) Separate packets must be made up in respect of each election for the purpose of each of sub-paragraphs (b), (c) and (e) of paragraph (1).]

(2) The marked copies of the register of electors and of the list of proxies shall be in one packet but shall not be in the same packet as [F9 the completed corresponding number lists or] the certificates as to employment on duty on the day of the poll.

(3) The packets shall be accompanied by a statement (in these rules referred to as the ballot paper account) made by the presiding officer [F8 separately for the purposes of each election] showing the number of ballot papers entrusted to him, and accounting for them under the heads of ballot papers issued and not otherwise accounted for, unused, spoilt and tendered ballot papers.

F1 Words in Sch. 5 rule 41(1)(a) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 70(2) (with art. 1(3))

F2 Words in Sch. 5 rule 41(1)(d) inserted (14.5.2008) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 30(1), 31(3), Sch. 4 para. 1(8)(a); S.I. 2008/1318, art. 2(2)(b)

F3 Sch. 5 rule 41(1)(da) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 70(3) (with art. 1(3))

F4 Words in Sch. 5 rule 41(1)(e) omitted (16.12.2010) by virtue of Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 70(4) (with art. 1(3))

F5 SI 2001/417

F6 Words in Sch. 5 rule 41(1)(f) substituted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 77(2), Sch. 1 para. 67; S.I. 2008/1316, art. 2(3), 5(f)(iii)

F7 Words in Sch. 5 rule 41(1)(f) inserted (14.5.2008) by Northern Ireland (Miscellaneous Provisions) Act 2006 (c. 33), ss. 30(1), 31(3), Sch. 4 para. 1(8)(b); S.I. 2008/1318, art. 2(2)(b)

F8 2001 c. 7

F9 Words in Sch. 5 rule 41(2) substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 70(5) (with art. 1(3))

Modifications etc. (not altering text)

C1 Sch. 5 rule 41(1) modified (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 8 para. 29(3)