The European Parliamentary Elections Regulations 2004

[F1 The count E+W+S

53.— (1) The local returning officer must—

(a) where the ballot papers and other documents have been placed in packets under rule 51(8), open the packets of ballot papers other than unused, spoilt and tendered ballot papers;

(b) mix together the ballot papers with the exception of the unused, spoilt and tendered ballot papers.

(2) The local returning officer must not count any tendered ballot paper.

(3) The local returning officer, while counting the votes, must keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing [F2 the numbers or other unique identifying marks printed on the back of the papers].

(4) The local returning officer must 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 p.m. and 9 a.m.

(5) For the purposes of paragraph (4), the agreement of an individual candidate or the election agent of a registered party shall be as effective as the agreement of the counting agents of that individual candidate or party.

(6) During the time so excluded the local returning officer must—

(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.

(7) In the case of a general election of MEPs, if the counting of the votes has commenced before the material time (within the meaning of rule 52(1)), the local returning officer or his clerks must not disclose the number of votes given for each registered party and individual candidate to anyone other than the returning officer or his clerks until after that time and the counting of the votes must be deemed not to have been completed until after that time.]

Textual Amendments

F1 Sch. 1 substituted (30.1.2009) by The European Parliamentary Elections (Amendment) Regulations 2009 (S.I. 2009/186), regs. 1(2), 39, Sch. 2

F2 Words in Sch. 1 rule 53(3) substituted (1.4.2009) by The European Parliamentary Elections (Amendment) (No.2) Regulations 2009 (S.I. 2009/848), regs. 1(2), 2(2)