The Local Elections (Principal Areas) (Wales) Rules 2021

Attendance at proceedings under this Part E+W

53.—(1) The following persons are entitled to attend proceedings under rules 55(2) to (10), 57 and 59 to 64—

(a) the returning officer and members of the returning officer’s staff;

(b) each candidate and a guest of each candidate;

(c) the principal area election agents;

(d) the principal area counting agents;

(e) any person who is entitled to attend by virtue of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000 (representatives of the Electoral Commission and accredited observers);

(f) the constables on duty.

(2) In addition, any person who is entitled to attend the counting of votes at a relevant election is entitled to attend proceedings under rule 55(2) to (10).

(3) The returning officer may permit any other person to attend proceedings under any of rules 55(2) to (10), 57 or 59 to 64.

(4) Permission may not be given under paragraph (3) unless the returning officer—

(a) is satisfied that the person’s attendance will not impede the efficient discharge of the returning officer’s functions, and

(b) has either consulted the appropriate persons about whether to give permission or decided that it is not practicable to consult them.

(5) For the purposes of paragraph (3)(b), “the appropriate persons” are—

(a) in the case of proceedings under rule 55(2) to (10), the principal area election agents and the other election agents;

(b) in the case of any other proceedings, the principal area election agents.

(6) The returning officer must give any counting agents who are entitled to attend all such reasonable facilities for overseeing the proceedings, and all such information about them, as the returning officer is able to give consistently with the orderly conduct of the proceedings and the discharge of the returning officer’s duties.

(7) In particular, where the votes are counted by sorting the ballot papers according to the candidate for whom the vote is given and then counting the number of ballot papers for each candidate, the principal area counting agents are entitled to satisfy themselves that the ballot papers are correctly sorted.

(8) The returning officer must make arrangements to ensure that every person attending at the counting of votes (other than the constables on duty) has been given a notice setting out the provisions of section 66(2) and (6) of the 1983 Act (notification of requirement of secrecy).

(9) In this rule, a reference to a constable includes a reference to a person designated as a community support officer or community support volunteer under section 38 of the Police Reform Act 2002 (police powers for civilian staff and volunteers).

Commencement Information

I1 Sch. 2 rule 53 in force at 17.12.2021, see rule 1