The Police and Crime Commissioner Elections Order 2012

The F1 ... count U.K.

42.—(1) Rule 52 is modified as follows.

(2) Before paragraph (1) substitute—

“(A1) Where the local returning officer is the relevant returning or counting officer, the officer must—

(a) on completion of the proceedings under rule 49, and

(b) if applicable, on receipt of the containers referred to in rule 50,

proceed to count the votes in accordance with paragraphs (1) and (2) to (7).”

(3) After paragraph (1) insert—

“(1A) Where the local returning officer is not the relevant returning or counting officer, the officer must, on receipt of the containers containing the ballot papers from the relevant returning or counting officer—

(a) open in the presence of the counting agents all the packets of ballot papers other than those containing unused, spoilt or tendered ballot papers,

(b) where the proceedings on the issue and receipt of postal ballot papers for the PCC election and each relevant election or referendum are not taken together, count the postal ballot papers that have been duly returned for the PCC election and record the number counted, and

(c) proceed to count the votes in accordance with paragraphs (1B), (1C) and (2) to (7).

(1B) For the purposes of paragraph (1A)(b), a postal ballot paper is not to be taken to be duly returned unless—

(a) it is returned in the manner specified in paragraph 43(1) or (2) of Schedule 2 and, before the close of the poll, it reached the local returning officer or a polling station in the appropriate area (as defined in paragraph (1C)),

(b) the postal voting statement, duly signed, is also returned in the manner specified in paragraph 43(1) or (2) of Schedule 2 and, before the close of the poll, it reached the local returning officer or a polling station in the appropriate area,

(c) the postal voting statement also states the date of birth of the elector or proxy (as the case may be), and

(d) F2 ... the local returning officer verifies the date of birth and signature of the elector or proxy (as the case may be).

[F3 (1BA) A postal ballot paper or postal voting statement that reaches the local returning officer or a polling station on or after the close of the poll is treated for the purposes of paragraph (2) as reaching that officer or polling station before the close of the poll if it is delivered by a person who, at the close of the poll, is in the polling station, or in a queue outside the polling station, for the purpose of returning it.]

(1C) The “appropriate area” in respect of any voter is the area—

(a) which is common to the parliamentary constituency, electoral area, F4 ... local authority area or voting area (as the case may be) in which the polls at the PCC election and any relevant election or referendum are being taken together, and

(b) in respect of which polls the voter has been issued with a ballot paper.”

(4) In paragraph (5), after “while” insert “ counting and recording the number of postal ballot papers and ”.

Textual Amendments

F1 Word in Sch. 4 para. 42 heading omitted (21.12.2022) with application in accordance with art. 1(2) of the amending S.I.) by virtue of The Police and Crime Commissioner Elections and Welsh Forms (Amendment) Order 2022 (S.I. 2022/1354), art. 6(5)

F2 Words in Sch. 4 para. 42 omitted (6.4.2014) by virtue of The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 45(1) (with art. 1(5))

F3 Words in Sch. 4 para. 42 inserted (6.4.2014) by The Police and Crime Commissioner Elections (Amendment) Order 2014 (S.I. 2014/921), arts. 1(5), 45(2) (with art. 1(5))

F4 Words in Sch. 4 para. 42(3) revoked (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 2 Table 1 (as amended by S.I. 2019/1389, regs. 1, 2(2))