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59.—(1) The local returning officer must forward to the relevant registration officer at the same time as the local returning officer forwards the documents mentioned in rule 66 of the PCC elections rules—
(a)any packets referred to in paragraphs 39, 41(7), 42(5)[F1, 42A(2)], 48(11) and 57 (subject to paragraph 58), endorsing on each packet a description of its contents, the date of the election to which it relates and the name of the police area for which the election was held and the name of the voting area for which the local returning officer acts, F2...
(b)a completed statement of the number of postal ballot papers issued, which is to be in Form 5 set out in Part 4 of this Schedule or a form to like effect,
[F3(c)any list compiled under paragraph 55(4).]
(2) Where, under a relevant provision (within the meaning of paragraph 29(2)), the poll at a PCC election is taken together with the poll at one or more other elections or local referendums, a separate statement in the form described in sub-paragraph (1)(b) must be completed for each election or local referendum.
[F4(2A) Where the poll at a PCC election is taken together with the poll at [F5a Senedd] election under article 16A of the 2007 Order, a separate statement in the form described in sub-paragraph (1)(b) must be completed for the PCC election.]
(3) Where—
(a)any covering envelopes are received by the local returning officer after the close of the poll (apart from those delivered in accordance with the provisions of paragraph 43(3)),
(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 local returning officer must put them unopened in a separate packet, seal up such packet and endorse and forward it at a subsequent date in the manner described in sub-paragraph (1).
(4) Rules 67 and 68 of the PCC elections rules apply to any packet or document forwarded under this paragraph [F6except that in applying those rules the list compiled under paragraph 55(4) must be treated in the same manner as a counted ballot paper].
(5) A copy of the statement referred to in sub-paragraph (1)(b) must be provided by the local returning officer to the [F7Secretary of State] and the Commission in the period which starts 10 days after the day of the poll and ends 15 days after that day.
(6) For the purposes of computing the period referred to in sub-paragraph (5)—
(a)a Saturday or Sunday,
(b)Christmas Eve, Christmas Day, Good Friday or a bank holiday, or
(c)a day appointed for public thanksgiving or mourning,
is to be disregarded.
(7) In sub-paragraph (3)(c), “spoilt postal ballot paper” has the meaning given in paragraph 41.
Textual Amendments
F1Word in Sch. 2 para. 59(1)(a) inserted (6.4.2014) by The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 28(2)(a) (with art. 1(5))
F2Word in Sch. 2 para. 59(1)(a) omitted (6.4.2014) by virtue of The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 28(2)(b) (with art. 1(5))
F3Sch. 2 para. 59(1)(c) inserted (6.4.2014) by The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 28(2)(c) (with art. 1(5))
F4Sch. 2 para. 59(2A) inserted (4.3.2016) by The Police and Crime Commissioner Elections (Amendment) Order 2016 (S.I. 2016/300), arts. 1(2), 5(3) (with art. 1(3))
F5Words in Sch. 2 para. 59(2A) substituted (16.1.2023) by The Voter Identification Regulations 2022 (S.I. 2022/1382), regs. 1(3), 59(3)(b) (with reg. 1(6)(7))
F6Words in Sch. 2 para. 59(4) inserted (6.4.2014) by The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 28(3) (with art. 1(5))
F7Words in Sch. 2 para. 59(5) substituted (8.12.2021) by The Transfer of Functions (Secretary of State for Levelling Up, Housing and Communities) Order 2021 (S.I. 2021/1265), art. 1(2), Sch. 2 para. 30(3)(f) (with art. 12)
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