Opening of covering envelopesS
84.—(1) When a postal voters' ballot box is opened, the returning officer shall count and record the number of covering envelopes (including any envelope to which regulation 82(2) above applies), and shall then open each covering envelope separately.
(2) The procedure in regulation 85 below applies where a covering envelope (including an envelope to which regulation 82(2) above applies) contains both–
(a)a [F1postal voting statement]; and
(b)a ballot paper envelope, or if there is no ballot paper envelope, a ballot paper (or ballot papers).
(3) Where the covering envelope does not contain the [F1postal voting statement] separately, the returning officer shall open the ballot paper envelope to ascertain whether the [F1postal voting statement] is inside.
(4) Where a covering envelope does not contain both–
(a)a [F1postal voting statement] (whether separately or not), and
(b)a ballot paper envelope or, if there is no ballot paper envelope, a ballot paper (or ballot papers),
the returning officer shall mark the covering envelope “provisionally rejected”, attach its contents (if any) and place it in the receptacle for rejected votes.
[F2(5) In carrying out the procedures in this regulation and regulations 85 to 88, the returning officer–
(a)shall keep the ballot papers face downwards and shall take proper precautions for preventing any person from seeing the votes made on the ballot papers; and
(b)shall not be permitted to view the corresponding number list used at the issue of postal ballot papers.
(6) Where an envelope contains a postal voting statement, the returning officer shall place a mark in the marked copy of the postal voters list or proxy postal voters list in a place corresponding to the number of the elector to denote that a postal vote has been returned.
(7) A mark made under paragraph (6) shall be distinguishable from and shall not obscure the mark made under regulation 72(3).
(8) As soon as practicable after the last covering envelope has been opened, the returning officer shall make up into a packet the copy of the postal voters list and proxy postal voters list that have been marked in accordance with paragraph (6) and shall seal such a packet.]
Textual Amendments
F1Words in Regulations substituted (with effect in accordance with reg. 1(2)(3)(c) of the amending S.I.) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 54(a)
F2Reg. 84(5)-(8) inserted (with effect in accordance with reg. 1(2)(3)(b) of the amending S.I.) by The Representation of the People (Scotland) (Amendment) Regulations 2007 (S.I. 2007/925), regs. 1(1), 39
Commencement Information
I1Reg. 84 in force at 16.2.2001, see reg. 1(1)