Attendance at the counting of votesE+W
53.—(1) The following persons are entitled to be present at the counting of votes—
(a)the returning officer and members of the returning officer’s staff;
(b)each candidate and a guest of each candidate;
(c)the election agents (if appointed);
(d)the 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) The returning officer may permit any other person to attend at the counting of votes.
(3) Permission may not be given under paragraph (2) unless the returning officer——
(a)is satisfied that the person’s attendance will not impede the efficient counting of votes, and
(b)has either consulted the appropriate persons about whether to give permission or decided that it is not practicable to consult them.
(4) For the purposes of paragraph (3)(b), “the appropriate persons” are the election agents (if appointed) and, in the case of candidates who have not appointed election agents, the candidates.
(5) The returning officer must give the counting agents 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.
(6) 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 counting agents are entitled to satisfy themselves that the ballot papers are correctly sorted.
(7) 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).
(8) 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
I1Sch. 1 rule 53 in force at 17.12.2021, see rule 1