Parliamentary Voting System and Constituencies Act 2011

Attendance and arrangements for counting
This section has no associated Explanatory Notes

38(1)The counting officer must make arrangements for counting the ballot papers and carrying out the other functions conferred by paragraph 42 in the presence of the counting agents.

(2)The counting officer must give the counting agents notice in writing of the time and place at which the proceedings under paragraph 42 will begin.

(3)A person may be present at the proceedings under paragraph 42 only if—

(a)the person is entitled to be present at the counting of the votes for the referendum or a relevant election, or

(b)the person is permitted by the counting officer to attend.

(4)The counting officer may give a person permission under sub-paragraph (3)(b) only if—

(a)the officer is satisfied that the person’s attendance will not impede the efficient conduct of the proceedings, and

(b)the officer has consulted the referendum agents and election agents or thought it impracticable to do so.

(5)The counting officer must give the counting agents—

(a)whatever reasonable facilities for overseeing the proceedings, and

(b)whatever information with respect to the proceedings,

the officer can give them consistently with the orderly conduct of the proceedings and the discharge of the officer’s duties.