SCHEDULES

C2C3C4C5C6C7SCHEDULE 1

Annotations:
Modifications etc. (not altering text)
C2

Parliamentary election rules modified (N.I.) (prosp.) by Representation of the People Act 1985 (c. 50, SIF 42), s. 10, Sch. 1 paras. 8–23

C3

Paras. 3–7 of Pt. II of Sch. 1 to Representation of the People Act 1985 (c. 50, SIF 42) have effect (N.I.) (prosp.) by virtue of s. 10 of, and Sch. 1 para. 2 to, that Act as additional rules in Sch. 1 to this Act

C4

Sch. 1 applied with modifications (S.) by S.I. 1986/2213, Rules 2, 5

Sch. 1 applied (with modifications) (E.W.S.) (28.4.1999) by 1985 c. 50, s. 15(1)(2) (as applied (with modifications) (28.4.1999) by S.I. 1999/1214, reg. 8, Sch. 3) (which S.I. was revoked (23.3.2004) by S.I. 2004/293, reg. 126)

C5

Sch. 1 modified (E.W.) by S.I. 1986/1081, regs. 2, 97, 98, 100 (which S.I. was revoked (23.3.2004) by S.I. 2004/294, reg. 3)

C7

Sch. 1 extended (with modifications) (N.I.) (4.5.1996) by S.I. 1996/1220, art. 6(1)-(4)

Part III Contested Elections

Counting of Votes

The count

C145

F11

The returning officer shall—

a

in the presence of the counting agents open each ballot box and count and record the number of ballot papers in it;

b

in the presence of the election agents verify each ballot paper account; and

c

count such of the postal ballot papers as have been duly returned and record the number counted.

1A

The returning officer shall not count the votes given on any ballot papers until—

a

in the case of postal ballot papers, they have been mixed with the ballot papers from at least one ballot box, and

b

in the case of ballot papers from a ballot box, they have been mixed with the ballot papers from at least one other ballot box.

F21B

A postal ballot paper shall not, in England, Wales or Scotland, be taken to be duly returned unless—

a

it is returned in the prescribed manner and reaches the returning officer or a polling station in the constituency before the close of the poll, and

b

the declaration of identity, duly signed and authenticated, is also returned in the prescribed manner and reaches him or such a polling station before that time.

2

A postal ballot paper shall not F3, in Northern Ireland, be deemed to be duly returned unless it is returned in the proper envelope so as to reach the returning officer before the close of the poll and is accompanied by the declaration of identity duly signed and authenticated.

3

The returning officer shall not count any tendered ballot paper.

4

The returning officer, while counting and recording the number of ballot papers and counting the votes, shall keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers printed on the back of the papers.

5

The returning officer shall verify each ballot paper account by comparing it with the number of ballot papers recorded by him, and the unused and spoilt ballot papers in his possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and shall draw up a statement as to the result of the verification, which any election agent may copy.

6

The returning officer shall so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that he may, in so far as he and the agents agree, exclude the hours between 7 in the evening and 9 on the following morning.

For the purposes of this exception the agreement of a candidate or his election agent shall be as effective as the agreement of his counting agents.

7

During the time so excluded the returning officer shall—

a

place the ballot papers and other documents relating to the election under his own seal and the seals of such of the counting agents as desire to affix their seals; and

b

otherwise take proper precautions for the security of the papers and documents.