The European Parliamentary Elections Regulations 2004

[F1 24.   For paragraph (1) of rule 53 (the count) substitute— E+W+S

“(1) The local returning officer must –

(a) on receipt of the containers of ballot papers from the returning officer who discharges the functions specified in regulation 5 of the Combination of Polls Regulations and after the time specified in the notice given under rule 52(1) in the presence of the counting agents open each container;

(b) where the proceedings on the issue and receipt of postal ballot papers are not taken together with those proceedings at another relevant election or referendum under paragraph 41 of Schedule 2, count such of the postal ballot papers as have been duly returned and record the number counted; and

(c) mix together the postal ballot papers and the ballot papers from the containers and count the votes given on them.

(1A) Where separate ballot boxes have been used, no vote for any individual candidate or registered party shall be rendered invalid by the ballot paper being placed in the ballot box used at any relevant election or referendum.

(1B) A postal ballot paper must not be deemed to be duly returned unless—

(a) it is returned in the manner prescribed in paragraph 55 of Schedule 2 so as to reach the local returning officer or any polling station in the appropriate area before the close of the poll;

(b) the postal voting statement duly signed (unless the requirement for a signature has been waived) is also returned in that manner before that time;

(c) the postal voting statement states the date of birth of the elector or proxy (as the case may be), and

[F2 (d) the local returning officer verifies the date of birth and the signature of the elector or proxy (as the case may be) under paragraph 63 of Schedule 2.]

(1C) In paragraph (1B) the “appropriate area” means—

(a) the area in the local counting area common to the parliamentary constituency, electoral area or voting area (as the case may be) in which the polls at the European Parliamentary election and a relevant election or referendum are being taken together; and

(b) in respect of which polls the voter has been issued with a postal ballot paper.

[F3 (1D) A postal ballot paper or postal voting statement that reaches the local returning officer or a polling station on or after the close of the poll is treated for the purposes of this rule as reaching that officer or polling station before the close of the poll if it is delivered by a person who, at the close of the poll, is in the polling station, or in a queue outside the polling station, for the purpose of returning it.”]]

Textual Amendments

F1 Sch. 3 substituted (30.1.2009) by The European Parliamentary Elections (Amendment) Regulations 2009 (S.I. 2009/186), regs. 1(2), 41, Sch. 4

F2 Words in Sch. 3 Pt. 1 para. 24 substituted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 58

F3 Words in Sch. 3 Pt. 1 para. 24 inserted (4.4.2014) by The European Parliamentary Elections (Amendment) Regulations 2014 (S.I. 2014/923), regs. 1(2), 5(4)