The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004

22.  For paragraphs (1) to (1A) of rule 45 (the count) there shall be substituted the following paragraphs— E+W

“(1) Where the returning officer at the parliamentary election discharges the functions specified in Regulation 5 of the Combination of Polls Regulations, he shall—

(a) in the presence of the counting agents appointed for the purposes of the parliamentary election and each relevant election or referendum, open each ballot box and record separately the number of ballot papers used in each election or referendum;

(b) in the presence of the election agents appointed for the purposes of the parliamentary election and each relevant election or referendum verify each ballot paper account;

(c) count such of the postal ballot papers as have been duly returned and record separately the number counted at each relevant election or referendum;

(d) separate the ballot papers relating to the parliamentary election from the ballot papers relating to each relevant election or referendum;

(e) make up into packets the ballot papers for each relevant election or referendum and seal them up in separate containers endorsing on each a description of the area to which the ballot papers relate; and

(f) deliver or cause to be delivered to the returning officer at the relevant election or referendum to which the ballot papers relate—

(i) those containers, together with a list of them and of the contents of each;

(ii) the ballot paper accounts together with a copy of the statement as to the result of their verification in respect of that election or referendum; and

(g) at the same time deliver or cause to be delivered to that officer packets that so relate containing—

(i) the unused and spoilt ballot papers,

(ii) the tendered ballot papers, and

(iii) the counterfoils of the used ballot papers and the certificates as to employment on duty on the day of the poll.

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

(1AB) After completion of the proceedings under paragraph (1) above, the returning officer shall mix together all of the ballot papers used at the parliamentary election and count the votes given on them.

(1AC) Where the returning officer at the parliamentary election does not discharge the functions specified in Regulation 5 of the Combination of Polls Regulations, he shall—

(a) on receipt of containers from the returning officer who does discharge those functions, and after the time specified in the notice given under rule 44(1A) above (as substituted by Regulation 8 of those Regulations) 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 a relevant election or referendum under regulation 65 of the 2001 Regulations (including that regulation as applied by regulations made under sections 44 and 105 or 45 and 105 of the Local Government Act 2000(1), 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 all of the containers and count the votes given on them.

Paragraph (5) below does not apply to these proceedings.”

Commencement Information

I1 Sch. 2 para. 22 in force at 23.3.2004, see reg. 1(1)

(1)

2000 c. 22.