The European Parliamentary Elections Regulations 2004

[F1 PART 5 E+W+S DISPOSAL OF DOCUMENTS

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

Sealing up of ballot papers E+W+S

63.— (1) On the completion of the counting at a contested election (or, if later, its deemed completion under rule 53(7)) the local returning officer must seal up in separate packets the counted and rejected ballot papers.

(2) The local returning officer must not open the sealed packets of—

(a) tendered ballot papers;

(b) the completed corresponding number lists;

(c) certificates as to employment on duty on the day of the poll; or

(d) marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and lists of proxies.

Delivery and retention of documents E+W+S

64.— (1) The local returning officer must then forward to the relevant registration officer the following documents—

(a) the packets of ballot papers in his possession;

(b) the ballot paper accounts and the statements of rejected ballot papers and of the result of the verification of the ballot paper accounts;

(c) the tendered votes lists, the lists of voters with disabilities assisted by companions, the lists of votes marked by the presiding officer and the related statements, the lists maintained under rule 47, and the declarations made by the companions of voters with disabilities;

(d) the packets of the completed corresponding number lists;

(e) the packets of certificates as to employment on duty on the day of the poll;

(f) the packets containing marked copies of registers (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and of the postal voters list, of the lists of proxies and of the proxy postal voters list,

endorsing on each packet a description of its contents.

(2) In the case of the electoral region of Scotland, paragraph (1) is to apply as if for the words “forward to the relevant registration officer” there were substituted “retain on behalf of the returning officer”, and references to documents in the custody or possession of the relevant registration officer shall include documents held by the local returning officer on his behalf.

(3) In the case of an election held in Gibraltar, paragraph (1) is to apply as if for the words “forward to the relevant registration officer” there were substituted “retain on behalf of the local returning officer in his capacity as registration officer for the purposes of European Parliamentary elections”, and references to documents in the custody or possession of the relevant registration officer shall include documents held by the local returning officer on his behalf.

Orders for production of documents E+W+S

65.— (1) An order—

(a) for the inspection or production of any rejected ballot papers in the custody of the relevant registration officer; or

(b) for the opening of a sealed packet of completed corresponding number lists and certificates as to employment on duty on the day of the poll or for the inspection of any counted ballot papers in his custody,

may be made, if the court is satisfied by evidence on oath that the order is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of a European Parliamentary election petition, by the High Court or a county court, or, in Gibraltar, the Supreme Court.

(2) An order for the opening of a sealed packet of completed corresponding number lists and certificates or for the inspection of any counted ballot papers in the custody of the relevant registration officer may be made by an election court.

(3) Subject to paragraph (4), an order under this rule may be made subject to such conditions as to—

(a) persons;

(b) time;

(c) place and mode of inspection;

(d) production or opening,

as the court making the order thinks expedient.

(4) In making and carrying into effect an order under paragraph (3) for the opening of a packet of completed corresponding number lists or of certificates or for the inspection of counted ballot papers, care must be taken that the way in which the vote of any particular elector has been given must not be disclosed until it has been proved—

(a) that his vote was given; and

(b) that the vote has been declared by a competent court to be invalid.

(5) An appeal lies to the High Court from any order of a county court under this rule, or in Gibraltar, an appeal lies to the Court of Appeal from any order of the Supreme Court under this rule.

(6) Any power given under this rule to the High Court or a county court or, in Gibraltar, the Supreme Court, may be exercised by any judge of the court otherwise than in open court.

(7) Where an order is made for the production by the relevant registration officer of any document in his possession relating to any specified election—

(a) the production by him or his agent of the document ordered in such manner as may be directed by that order shall be conclusive evidence that the document relates to the specified election; and

(b) any endorsement on any packet of ballot papers so produced shall be prima facie evidence that the ballot papers are what they are stated to be by the endorsement.

(8) The production from proper custody of—

(a) a ballot paper purporting to have been used at any election; and

(b) a completed corresponding number list with a number marked in writing,

shall be prima facie evidence that the elector whose vote was given by that ballot paper was the person whose entry in the register of electors or on a notice issued under section 13B(3B) or (3D) of the 1983 Act at the time of the election contained the same number as the number written as mentioned in sub-paragraph (b) of this paragraph.

(9) Save as provided by this rule, no person shall be allowed to inspect any rejected or counted ballot papers in the possession of the relevant registration officer or open any sealed packets of completed corresponding number lists and certificates.

Retention of documents by relevant registration officer E+W+S

66.— (1) The relevant registration officer must retain or cause to be retained for one year all documents relating to an election forwarded to him in pursuance of these rules by a local returning officer, and then, unless otherwise directed by an order of the High Court, the Crown Court, a magistrates’ court, an election court or, in Gibraltar, the Supreme Court or Court of Appeal, must cause them to be destroyed.

(2) The documents mentioned in paragraph (1) except—

(a) ballot papers;

(b) the completed corresponding number lists;

(c) certificates as to the employment on duty on the day of the poll,

shall be open to public inspection.

(3) In the application of this rule to Scotland, paragraph (1) shall have effect as if for “the High Court, the Crown Court, a magistrates’ court, an election court” there were substituted “the Court of Session, an election court”.]