The Local Elections (Miscellaneous and Consequential Amendments) (Wales) Regulations 2022

Amendment of the 2021 Rules: procedure on close of poll

3.—(1) The Local Elections (Principal Areas) (Wales) Rules 2021 are amended in accordance with paragraphs (2) and (3).

(2) In Schedule 1—

(a) in rule 30 (appointment of presiding officers and clerks), in paragraph (5), omit “at a polling station”;

(b) in rule 51 (procedure on close of poll)—

(i) in paragraph (3), omit the words from “In the presence” to “polling station,”;

(ii) after paragraph (3) insert—

“(3A) The presiding officer must do anything required by paragraph (3)(a), (b), (e) or (f) in the polling station, in the presence of any polling agents who are there.

(3B) The presiding officer may do anything required by paragraph (3)(c) or (d)—

(a) in the polling station, in the presence of any polling agents who are there, or

(b) if the presiding officer has informed the polling agents and given them an opportunity to attend, at any other place that the presiding officer considers appropriate, in the presence of any polling agents who are there.”

(3) In Schedule 2—

(a) in rule 30 (appointment of presiding officers and clerks), in paragraph (5), omit “at a polling station”;

(b) in rule 51 (procedure on close of poll)—

(i) in paragraph (3), omit the words from “In the presence” to “polling station,”;

(ii) after paragraph (3) insert—

“(3A) The presiding officer must do anything required by paragraph (3)(a), (b), (e) or (f) in the polling station, in the presence of any polling agents appointed for the purposes of the principal area election or a relevant election who are there.

(3B) The presiding officer may do anything required by paragraph (3)(c) or (d)—

(a) in the polling station, in the presence of any polling agents appointed for the purposes of the principal area election or a relevant election who are there, or

(b) if the presiding officer has informed the polling agents appointed for the purposes of the principal area election or a relevant election and given them an opportunity to attend, at any other place that the presiding officer considers appropriate, in the presence of any of those polling agents who are there.”

(4) The Local Elections (Communities) (Wales) Rules 2021 are amended in accordance with paragraphs (5) and (6).

(5) In Schedule 1—

(a) in rule 30 (appointment of presiding officers and clerks), in paragraph (5), omit “at a polling station”;

(b) in rule 51 (procedure on close of poll)—

(i) in paragraph (3), omit the words from “In the presence” to “polling station,”;

(ii) after paragraph (3) insert—

“(3A) The presiding officer must do anything required by paragraph (3)(a), (b), (e) or (f) in the polling station, in the presence of any polling agents who are there.

(3B) The presiding officer may do anything required by paragraph (3)(c) or (d)—

(a) in the polling station, in the presence of any polling agents who are there, or

(b) if the presiding officer has informed the polling agents and given them an opportunity to attend, at any other place that the presiding officer considers appropriate, in the presence of any polling agents who are there.”

(6) In Schedule 2—

(a) in rule 30 (appointment of presiding officers and clerks), in paragraph (5), omit “at a polling station”;

(b) in rule 51 (procedure on close of poll)—

(i) in paragraph (3), omit the words from “In the presence” to “polling station,”;

(ii) after paragraph (3) insert—

“(3A) The presiding officer must do anything required by paragraph (3)(a), (b), (e) or (f) in the polling station, in the presence of any polling agents appointed for the purposes of the community election or a relevant election who are there.

(3B) The presiding officer may do anything required by paragraph (3)(c) or (d)—

(a) in the polling station, in the presence of any polling agents appointed for the purposes of the community election or a relevant election who are there, or

(b) if the presiding officer has informed the polling agents appointed for the purposes of the community election or a relevant election and given them an opportunity to attend, at any other place that the presiding officer considers appropriate, in the presence of any of those polling agents who are there.”