Counting and separation of ballot papers by counting officer
42(1)As soon as practicable after the close of the poll the counting officer must—
(a)in the presence of the counting agents, open the ballot boxes and count and record separately the number of ballot papers relating to the referendum and each relevant election;
(b)where proceedings on the issue and receipt of postal ballot papers for the referendum and the relevant elections are taken together, count the postal ballot papers that have been duly returned for the referendum and the relevant elections and record separately the number relating to each;
(c)where proceedings on the issue and receipt of postal ballot papers for the referendum and the relevant elections are not taken together, count the postal ballot papers that have been duly returned for the referendum and record the number;
(d)separate ballot papers relating to the referendum and those relating to each relevant election.
(2)Rule 40(3) of the referendum rules applies for the purposes of any combined polls; but where proceedings on the issue and receipt of postal ballot papers are not taken together by virtue of regulation 65 of the Representation of the People (England and Wales) Regulations 2001, a reference in rule 40(3) to a counting officer is to be read in relation to the return of ballot papers for a relevant election as a reference to the returning officer for that relevant election.
(3)The counting officer must not count any tendered ballot papers.
(4)The counting officer, while counting and recording the number of ballot papers, must—
(a)keep the ballot papers with their faces upwards, and
(b)take all proper precautions for preventing anyone from seeing the numbers or other unique identifying marks printed on the back of the papers.
(5)The counting officer must, in the presence of the referendum agents and the election agents for the relevant elections—
(a)verify each ballot paper account by comparing it with the number of ballot papers recorded by the officer, and the unused and spoilt ballot papers in the officer’s possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list);
(b)draw up a separate statement as to the result of the verification in relation to each poll.
(6)An election agent for a relevant election may copy the statement relating to that relevant election.
(7)A counting agent for the referendum present at the verification may copy the statement relating to the referendum.
(8)Once the statement relating to the referendum is drawn up, the counting officer must—
(a)in the case of a voting area in a region for which a Regional Counting Officer is appointed, inform the Regional Counting Officer of the contents of the statement;
(b)in the case of any other voting area, inform the Chief Counting Officer of the contents of the statement.
(9)Rule 40 of the referendum rules does not apply (except for the purposes of sub-paragraph (2) above).