49.—(1) The CRO must—
(a)open the ballot boxes from each polling station together, in the presence of the counting agents appointed for the purposes of the election and any other Authority election with which is its combined,
(b)cause the electronic counting system to count such of the postal ballot papers as have been duly returned in accordance with paragraphs (2) and (3) and record separately the number counted,
(c)not mix the contents of any ballot box with the contents of any other ballot box during the conduct of any count or re-count.
(2) A postal ballot paper must not be taken to be duly returned unless—
(a)it is returned in the manner set out in paragraph (3) and reaches the CRO or any polling station in the Assembly constituency that includes the electoral area for which the elector is registered as a local government elector, before the close of the poll,
(b)the postal voting statement, duly signed, is also returned in the manner set out in paragraph (3) and reaches him or such polling station before that time,
(c)the postal voting statement also states the date of birth of the elector or proxy (as the case may be), and
(d)in a case where the steps for verifying the date of birth and signature of an elector or proxy have been prescribed by regulations made under the 1983 Act M1, the CRO (having taken such steps) verifies the date of birth and signature of the elector or proxy (as the case may be).
(3) The manner in which any postal paper or postal voting statement may be returned—
(a)to the CRO, is by hand or by post,
(b)to a polling station in the Assembly constituency, is by hand.
[F1(3A) A postal ballot paper or postal voting statement that reaches the CRO or a polling station mentioned in sub-paragraph (a) of paragraph (2) at or after the close of the poll is treated for the purposes of paragraph (2) 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.]
(4) After completing the proceedings under paragraph (1), the CRO must cause the electronic counting system to process the ballot papers so as to count—
(a)the number of ballot papers, and
(b)votes given on the ballot papers.
(5) The CRO must not cause the electronic counting system to count any tendered ballot paper.
(6) The CRO must verify each ballot paper account by comparing it with the number of ballot papers processed by the electronic counting system, and the unused and spoilt ballot papers in his possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and must draw up a statement as to the result of the verification, which any election agent may copy.
(7) The CRO, while verifying the ballot paper accounts and counting the votes, must take all proper precautions for preventing any person from seeing the numbers printed on the back of the papers.
(8) The CRO must so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that the hours between 5 in the afternoon and 10 on the following morning may be excluded.
(9) At an ordinary election, the hours between 5 in the afternoon and 10 on the following morning may only be excluded with the prior consent of the GLRO.
(10) During the time so excluded the CRO 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.
Textual Amendments
F1Sch. 1 rule 49(3A) inserted (8.2.2016) by The Greater London Authority Elections (Amendment) Rules 2016 (S.I. 2016/24), rules 1(2), 9(1)(b)
Marginal Citations
M1See regulation 85 and 85A of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341), which were inserted by S.I. 2006/2910.