The Scottish Local Government Elections Order 2011

Made: 10th November 2011

Coming into force in accordance with article

In accordance with section16(5) of that Act[^f00002], a draft of the Order has been laid before and approved by resolution of the Scottish Parliament.

Citation, commencement and extent

1

• (1) This Order may be cited as the Scottish Local Government Elections Order 2011 and comes into force on 10thNovember 2011 except for the purposes of any election to be held on or before 2nd May 2012.

• (2) This Order extends to Scotland only.

Interpretation

2

In this Order, unless the context otherwise requires—

• “1983 Act” means the Representation of the People Act 1983[^f00003];

• “absent voter” means an elector who is entitled to vote by proxy or an elector or proxy who is entitled to vote by post;

• “anonymous elector” means an elector with an anonymous entry in the register of electors;

• “anonymous entry” in relation to the register of electors shall be construed in accordance with section 9B of the 1983 Act and “the record of anonymous entries” means the record prepared in pursuance of regulations made by virtue of paragraph 8A of Schedule 2 to the 1983 Act;

• “ballot paper account” has the meaning given in rule 40(3);

• “by-election” means an election to fill a casual vacancy in the office of a councillor in accordance with section37 of the Local Government (Scotland) Act 1973[^f00004];

• “companion” has the meaning given in rule 35(1);

• “completed corresponding number list” has the meaning given in rule 40(1)(e);

• “continuing candidate” means any candidate not deemed to be elected as a councillor and not excluded from the list of candidates under rule51;

• “corresponding number list” means the list prepared in accordance with rule15;

• “council” means a council constituted by section2 of the Local Government etc. (Scotland) Act 1994[^f00005];

• “count” means all the operations involved in counting and crediting votes, including the ascertainment of the quota, the transfer of ballot papers and the exclusion of candidates;

• “election” means an election under the Local Governance (Scotland) Act 2004 and, for the purposes of articles1(1) and 6(2), an election under the Local Government etc. (Scotland) Act 1994;

• “election court” means the court constituted under the 1983 Act for the trial of a petition questioning an election;

• “election petition” means a petition presented in pursuance of Part III of the 1983 Act as that Act is applied by this Order;

• “elector” means a person who is registered in the register (or, in the case of a person who has an anonymous entry in the register, in the record of anonymous entries) to be used at the election as a local government elector for the local government area in which the election is held and includes a person shown in the register as below voting age if (but only if) it appears from the register that such person will be of voting age on the day fixed for the poll;

• “electoral registration officer” has the same meaning as in the 1983 Act;

• “electronic counting system” means such computer hardware and software, other equipment, data and services as may be necessary in order to— maintain a list of the areas in relation to which an election is being held by reference to ward barcodes on ballot papers issued to voters in relation to that area; read electronically the votes marked and the unique identifying number on each ballot paper returned; calculate the number of votes cast for each candidate at the election otherwise than on any spoilt, tendered or rejected ballot paper; and ensure the retention of a record of the votes given for each candidate, without identifying the elector by whom, or on whose behalf, the votes were cast;

• “list of proxies” has the meaning given by paragraph 5(3) of Schedule 4 to the Representation of the People Act 2000[^f00006];

• “local authority” means a council constituted by section2 of the Local Government etc. (Scotland) Act 1994;

• “local government area” is to be construed in accordance with section1 of the Local Government etc. (Scotland) Act 1994;

• “next available preference” means a preference which is the second or, as the case may be, subsequent preference in consecutive order for a continuing candidate (any preferences for any candidate who is deemed to be elected or is excluded from the list of candidates under rule51 being ignored);

• “non‑transferable paper” means a ballot paper on which there is no next available preference;

• “postal voters list” means the list of persons kept in pursuance of paragraph 5(2) (persons whose applications to vote by post have been granted) of Schedule4 to the Representation of the People Act 2000[^f00007];

• “presiding officer” has the meaning given in rule 23(1) and (2);

• “proper officer” has the same meaning as in section235(3) of the Local Government (Scotland) Act 1973[^f00008];

• “proxy postal voters list” means the list of persons kept in pursuance of paragraph7(8) (persons whose applications to vote by post as proxy have been granted) of Schedule 4 to the Representation of the People Act 2000;

• “qualifying address” in relation to a person registered in the register of electors, is the address in respect of which that person is entitled to be so registered;

• “quota” has the meaning given in rule47;

• “register of electors” means the register of local government electors maintained under section9(1)(b) of the 1983 Act;

• “registered political party” means a party registered under Part II of the Political Parties, Elections and Referendums Act 2000[^f00009];

• “returning officer” means, in relation to an election, the returning officer appointed for the election under section41(1) (duty of local authority to appoint returning officer for each local authority election) of the 1983 Act;

• “spoilt ballot paper” has the meaning given in rule 37;

• “stage of the count” means— the determination of the number of votes for each candidate as first preference; the transfer of transferable papers from a candidate deemed to be elected who has a surplus; or the exclusion of a candidate at any given time;

• “surplus” means the number of votes, if any, by which the total number of votes credited to a candidate deemed to be elected as a councillor exceeds the quota;

• “tendered ballot paper” has the meaning given in rule 36(5);

• “tendered votes list” has the meaning given in rule 36(7);

• “transfer value” means the value of a vote on a ballot paper calculated in accordance with rule49;

• “transferable paper” means a ballot paper on which a next available preference is given;

• “unique identifying mark” means the mark (for example, a bar code, letter, number or numerical sequence) on a ballot paper which is unique to that ballot paper and which identifies that ballot paper as a ballot paper to be issued by the returning officer; and

• “voter” means a person voting at an election and includes a person voting as proxy and “vote” (whether noun or verb) shall be construed accordingly and any reference to an elector voting or an elector’s vote shall include a reference to an elector voting by proxy or an elector’s vote given by proxy.

• (2) References in this Order to “rules” are references to the rules set out in Schedule1 to this Order.

• (3) Any reference in this Order to a numbered article, rule or Schedule is a reference to the article, rule or Schedule, as the case may be, bearing that number in this Order and a reference to a numbered paragraph or sub‑paragraph is a reference to the paragraph or sub‑paragraph having that number in the article, rule or paragraph in which the reference appears.

• (4) A reference to a numbered Form is a reference to the form bearing that number as set out in PartVII of Schedule1 or, as the case may be, a form substituted for any such form in accordance with article3(2) and Schedules2, 3 and 4.

• (5) Where the timetable in rule1(1) is modified in accordance with paragraphs(2) or (3) of rule1 or a direction made under section45 of the 1983[^f00010] Act, references to the “timetable in rule1” are references to that timetable as so modified.

Local government elections rules

3

• (1) Subject to paragraph(2), elections of councillors for local government areas shall be conducted in accordance with the local government elections rules set out in Schedule1.

• (2) In the application of the local government elections rules set out in Schedule1 to any election where the poll is taken together with the poll at another election under section15(1) or(2) of the Representation of the People Act 1985[^f00011] the modifications set out in Schedules2, 3 and4 apply.

• (3) It is the returning officer’s general duty to do all such acts and things as may be necessary for effectually conducting the election in the manner provided by these rules.

• (4) It is the duty of any returning officer to whom a direction is given under section5 of the Local Electoral Administration (Scotland) Act 2011[^f00012] to discharge his or her functions in accordance with that direction.

Application of Part III of the Representation of the People Act 1983

4

Part III[^f00013] of the 1983 Act applies to elections of councillors for local government areas with exception of the following provisions—

• (a) sections120 to 126;

• (b) section128(3)(a) and (4);

• (c) sections130 to 133;

• (d) sections135 and 135A;

• (e) section144; and

• (f) section145A.

Amendments

5

• (1) In regulation 15C of the Representation of the People (Absent Voting at Local Government Elections) (Scotland) Regulations 2007[^f00014] (provision of information on removal of absent vote entitlement) for “Rule 21 of Schedule 1 to the Scottish Local Government Elections Order 2007” substitute “rule 22 of Schedule 1 to the Scottish Local Government Elections Order 2011”.

• (2) The Representation of the People (Postal Voting for Local Government Elections) (Scotland) Regulations 2007[^f00015] are amended as follows—

• (a) in regulation 3(2) (interpretation), for “Scottish Local Government Elections Order 2007” substitute “Scottish Local Government Elections Order 2011”;

• (b) in regulation 12(1) (postal voting envelopes), for “rule 20” substitute “rule 21”;

• (c) in regulation 14(1)(c) (delivery of postal ballot papers), for “rule 22(1)” substitute “Rule23(1)”;

• (d) in regulation 16(1) (lost postal ballot papers), for “third” substitute “fourth”;

• (e) in regulation 17 (alternative means of returning postal ballot papers etc.)—

• (i) in paragraph (1), for “rule 42(1)(c)” substitute “rule 43(1)(c)”; and

• (ii) in paragraph (2), for “rule 39(1)” substitute “rule 40(1)”;

• (f) in regulation 21(3) (opening of postal voters box), for “rule 42” substitute “rule 43”;

• (g) in regulation 26(2)(f) (retrieval of cancelled postal ballot papers), for “rule 42 of the elections rules” substitute “rule 43”;

• (h) in regulation 28(3) (checking of lists), for “rule 39(1)” substitute “rule 40(1)”; and

• (i) in regulation 31 (forwarding of documents)—

• (i) in paragraph (1), for “rule 57” substitute “rule 58”; and

• (ii) in paragraph (3), for “Rules 58 and 59” substitute “Rules 59 and 60”.

• (3) Regulation 2 of the Representation of the People (Post-Local Government Elections Supply and Inspection of Documents) (Scotland) Regulations 2007[^f00016] (interpretation) is amended as follows—

• (a) in paragraph (1), for “Scottish Local Government Elections Order 2007” substitute “Scottish Local Government Elections Order 2011”; and

• (b) in paragraph (3), for “rule 57(b) and (c)” substitute “rule 58(b) and (c)”.

• (4) In regulation 15(2)(a) of the Absent Voting at Scottish Local Government Elections (Provision of Personal Identifiers) Regulations 2009[^f00017], for “rule 21 of Schedule 1 to the Scottish Local Government Elections Order 2007” substitute “rule 22 of Schedule 1 to the Scottish Local Government Elections Order 2011”.

Revocations and saving provision

6

• (1) Subject to paragraph(2), the Scottish Local Government Elections Order 2007[^f00018], the Scottish Local Government Elections Amendment Order 2007[^f00019] and the Scottish Local Government Elections Amendment Order 2009[^f00020] are revoked.

• (2) The instruments referred to in paragraph (1) shall continue to have effect on and after 10thNovember 2011 as they had effect immediately before that date, for the purposes of any election to be held on or before 2ndMay 2012.

SCHEDULE 1 — SCOTTISH LOCAL GOVERNMENT ELECTIONS RULES

RULES FOR CONDUCT OF A SCOTTISH LOCAL GOVERNMENT ELECTION WHERE THE POLL IS NOT TAKEN TOGETHER WITH THE POLL AT ANOTHER ELECTION

PART I — PROVISIONS AS TO TIME

Timetable

1

• (1) Subject to paragraphs(2) to (4), the proceedings at the election must be conducted in accordance with the following table—

Proceeding	Proceeding	Time
1.	Publication of notice of election	Not earlier than the thirty-fifthday before the date of the poll and not later than the twenty-eighth day before the date of the poll.
2.	Delivery of nomination papers	Not later than 4 p.m. on any day after the date of the publication of the notice of election but not later than the twenty-thirdday before the date of the poll.
3.	Delivery of notice of withdrawal of nomination	Within the time for the delivery of nomination papers at the election.
4.	Notice in case of uncontested election and notice of poll in contested election	As soon as practicable after the deadline for withdrawal of nominations.
5.	Polling	Between the hours of 7a.m. and 10p.m. on the date of the poll.

• (2) At any election held under section37 (filling of casual vacancies) of the Local Government (Scotland) Act 1973[^f00021], the timetable in paragraph(1) shall apply subject to any modifications necessary to secure completion of the proceedings listed in items1 to4 in the first column of that timetable, before the date fixed as the day of election by the returning officer under subsection(1) of that section.

• (3) At any election held under rule63 or rule65 (countermand or abandonment of poll on death of candidate), the timetable in paragraph(1) shall apply subject to any modifications necessary to secure completion of the proceedings listed in items1 to 4 in the first column of that timetable, before the date fixed as the day of election by the returning officer under that rule.

• (4) At any election held under section45 (non‑election of local authority etc.) of the 1983 Act, the timetable in paragraph(1) shall be subject to any direction made by the Scottish Ministers in exercise of the powers conferred by that section.

Computation of time

2

• (1) In computing any period of time for the purposes of the timetable—

• (a) a Saturday or Sunday;

• (b) Christmas Eve, Christmas Day, Good Friday or Easter Monday;

• (c) a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971[^f00022]; or

• (d) a day appointed for public thanksgiving or mourning,

shall be disregarded, and any such day shall not be treated as a day for the purpose of any proceedings up to the completion of the poll.

• (2) Nothing in this rule shall apply in relation to the counting of the votes and the other proceedings of the returning officer after the close of the poll or to things done by other persons in the course of those proceedings, but the returning officer shall not be obliged to proceed with the counting on any of the days mentioned in paragraph(1).

PART II — STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS

Notice of election

Notice of election

3

• (1) The returning officer shall publish notice of the election in the form set out in Form1, or a form to the like effect, stating—

• (a) the place and times at which nomination papers are to be delivered;

• (b) that forms of such nomination papers may be obtained at that place and at those times; and

• (c) the date of the poll in the event of a contest.

• (2) The notice of election shall state the day by which—

• (a) applications to vote by post or by proxy; and

• (b) other applications and notices about postal or proxy voting,

must reach the electoral registration officer in order that they may be effective for the election.

Nomination

Nomination of candidates

4

• (1) Each candidate shall be nominated by a separate nomination paper, in the form set out in Form2, or a form to the like effect, delivered at the place fixed for the purpose by the returning officer.

• (2) The nomination paper shall state the full name of the candidate (with the surname first) and the candidate’s home address in full.

• (3) If a candidate commonly uses a surname or forename in addition to or instead of any other surname or forename the candidate has, the nomination paper may state the commonly used surname or forename in addition to or instead of the other name, as the case may be.

• (4) The particulars of a candidate given in a nomination paper may, if desired, include a description in addition to the particulars required by paragraphs(2) and (3); but the description (if any) must consist of either—

• (a) a description which is authorised as mentioned in paragraphs(5), (6) or (7); or

• (b) the word “Independent”.

• (5) A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with a registered political party unless the party is a qualifying party in relation to the local government area and the description is authorised by a certificate—

• (a) issued by or on behalf of the registered nominating officer of the party; and

• (b) received by the returning officer at some time during the period for delivery of nomination papers set out in the timetable in rule1.

• (6) An authorised description may be either—

• (a) the name of the party registered under section 28 of the Political Parties, Elections and Referendums Act 2000[^f00023]; or

• (b) a description of the party registered under section 28A[^f00024] of that Act.

• (7) A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with two or more registered political parties unless the parties are each qualifying parties in relation to the local government area and the description is a registered description authorised by a certificate—

• (a) issued by or on behalf of the registered nominating officer of each of the parties; and

• (b) received by the returning officer at some time during the period for delivery of nomination papers set out in the timetable in rule 1.

• (8) For the purposes of paragraph (7), a description is a registered description if it is a description registered for the use by the parties under section 28B of the Political Parties, Elections and Referendums Act 2000.

• (9) For the purposes of the application of this rule in relation to an election—

• (a) “registered political party” means a party which was registered under PartII of the Political Parties, Elections and Referendums Act 2000 on the day (“the relevant day”) which is two days before the last day for the delivery of nomination papers at the election; and

• (b) a registered political party is a qualifying party in relation to a local government area if the party was on the relevant day registered in respect of Scotland in the Great Britain register mentioned under that Part of that Act.

Consent to nomination

5

A person shall not be validly nominated unless that person’s consent to nomination is given in writing on the nomination paper on, or within onemonth before, the last day for the delivery of nomination papers.

Subscription of nomination paper

6

• (1) The nomination paper shall be subscribed by the candidate and by a witness to the candidate’s signature.

• (2) The returning officer—

• (a) shall supply any person with a nomination paper at the place and during the time for delivery of nomination papers; and

• (b) shall at any person’s request prepare a nomination paper for signature,

but it is not necessary for a nomination to be on a form supplied by the returning officer.

• (3) The nomination paper shall state the name and home address of the witness to the candidate’s signature.

Decisions as to validity of nomination papers

7

• (1) Where a nomination paper is delivered in accordance with these rules, the candidate shall be deemed to stand nominated unless and until—

• (a) the returning officer decides that the nomination paper is invalid;

• (b) proof is given to the returning officer’s satisfaction of the candidate’s death; or

• (c) the candidate withdraws.

• (2) The returning officer is entitled to hold a nomination paper invalid only on one or more of the following grounds:—

• (a) the paper does not bear to be subscribed by the candidate;

• (b) the particulars of the candidate are not as required by these rules;

• (c) the paper does not bear to have been subscribed by a witness; or

• (d) the paper does not bear to include the name of the witness or the home address of the witness.

• (3) Subject to paragraph(4) the returning officer shall examine each nomination and decide whether the candidate has been validly nominated—

• (a) as soon as practicable after delivery of the nomination paper; and

• (b) in any event, before the end of the period of 24 hours starting with the close of the period for delivery of nomination papers set out in the timetable in rule 1.

• (4) If in the returning officer’s opinion a nomination paper contravenes rule4(4) to (7), the returning officer shall give a decision to that effect—

• (a) as soon as practicable after the delivery of the nomination paper; and

• (b) in any event, before the end of the period of 24 hours starting with the close of the period for delivery of nomination papers set out in the timetable in rule 1.

• (5) Where the returning officer decides that a nomination paper is invalid, the returning officer shall endorse and sign on the paper the fact and the reasons for such decision.

• (6) The returning officer shall send notice of such decision that a nomination paper is valid or invalid to each candidate at the candidate’s home address as given in such nomination paper.

• (7) The returning officer’s decision that a nomination paper is valid shall be final and shall not be questioned in any proceeding whatsoever.

• (8) Subject to paragraph(7), nothing in this rule prevents the validity of a nomination being questioned on an election petition.

Withdrawal of candidates

8

A candidate may withdraw candidature by notice of withdrawal—

• (a) signed by such candidate and attested by one witness; and

• (b) delivered to the returning officer at the place for delivery of nomination papers.

Nomination in more than one electoral ward

9

If at an election of councillors for the council of a local government area a candidate is validly nominated for more than one electoral ward, such candidate shall withdraw from candidature in all but one of those electoral wards; and if such candidate does not so withdraw within the time for the delivery of notices of withdrawal, such candidate shall be deemed to have withdrawn as a candidate for election to that council.

Correction of errors in nomination papers

10

• (1) A returning officer may correct minor errors in a nomination paper before the end of the period of 24 hours starting with the close of the period for delivery of nomination papers set out in the timetable in rule 1.

• (2) Errors which may be corrected include—

• (a) errors as to a person’s electoral number; and

• (b) obvious errors of spelling in relation to the details of a candidate.

• (3) Returning officers must have regard to any guidance issued by the Electoral Commission on the correction of minor errors in nomination papers for the purposes of this rule.

• (4) Anything done by a returning officer in pursuance of this rule shall not be questioned in any proceedings other than proceedings on an election petition.

Inspection of nomination papers

11

Any person may inspect and take copies of, or extracts from, nomination papers during ordinary office hours on any day, other than a day specified in rule2(1), after expiry of the 24hour period after the latest time for delivery of nomination papers but before the date of the poll.

Method of election and notice of uncontested election

12

• (1) If after the expiry of the time for the delivery of notices of withdrawal of nomination, more candidates remain validly nominated for an electoral ward than the number of councillors to be returned for that electoral ward, the councillors for that electoral ward shall be elected from among them at a poll under PartIII of this Schedule.

• (2) If the number of candidates validly nominated for an electoral ward is equal to, or less than, the number of councillors to be returned for that electoral ward, the returning officer shall cause public notice to be given that there will be no poll in that electoral ward, and that on the day of election those candidates shall be declared elected in accordance with the provisions of paragraph(3).

• (3) Where notice of an uncontested election has been given under paragraph(2), the returning officer shall—

• (a) not later than 11a.m. on the day of election declare to be elected the validly nominated candidates referred to in the said notice of uncontested election;

• (b) give notice of the names of the persons to whom sub‑paragraph(a) applies to the proper officer of the council for which the election was held; and

• (c) give public notice of the names of such persons, and such public notice may be combined with a public notice given under rule56.

• (4) The public notice to be given under paragraph(2) shall be in the form as set out in Form3, or a form to the like effect and shall, except where in the circumstances it is not appropriate, be combined with the public notice of poll to be given under rule20.

PART III — CONTESTED ELECTIONS

General provisions

Poll to be by ballot

13

The votes at the poll shall be given by ballot, counted and the result shall be ascertained in accordance with this Part of this Schedule.

The ballot papers

14

• (1) The ballot of every voter shall consist of a ballot paper and the persons remaining validly nominated for the electoral ward after any withdrawals under these rules, and no other persons, shall be entitled to have their names inserted in the ballot paper.

• (2) Every ballot paper shall be in the form set out in Form4 or a form to the like effect and shall be printed in accordance with the directions in Form5, and in accordance with sub‑paragraphs(a) to (e)—

• (a) the ballot paper shall contain the names, addresses and descriptions (if any) of the candidates as shown in their respective nomination papers and arranged alphabetically in the order of their surnames;

• (b) where a commonly used surname or forename is stated by a candidate on that candidate’s nomination paper in accordance with rule4(3), the commonly used surname or forename (instead of any other name) shall, subject to paragraphs(7) and (8), appear on the ballot paper;

• (c) if there are two or more candidates with the same surname, they shall be arranged alphabetically in the order of their other names;

• (d) where a candidate is qualified as a registered local government elector and any of such candidate’s names or such candidate’s address has been changed between the qualifying date for the register and the last day for the submission of nomination papers, the ballot paper shall also, if so required by the candidate, give such candidate’s present names and current address; and

• (e) the ballot paper shall have a letter or letters, number or numbers or combination of letter and number or letters and numbers and other unique identifying mark printed on the back.

• (3) If a candidate who is the subject of a registered political party’s authorisation under rule 4(5) or (6) so requests, the ballot paper shall contain, against the candidate’s particulars, the party’s registered emblem (or, as the case may be, one of the party’s registered emblems).

• (4) If a candidate who is the subject of an authorisation under rule4(7) so requests, the ballot paper shall contain, against the candidate’s particulars, the registered emblem (or, as the case may be, one of the registered emblems) of one of those parties.

• (5) The request referred to in paragraphs(3) and (4) must—

• (a) be made in writing to the returning officer; and

• (b) be received by the returning officer before the last time for the delivery of nomination papers set out in the timetable in rule1.

• (6) For the purposes of paragraph(5), the first valid nomination paper delivered at the place appointed for the delivery of nomination papers in respect of a candidate shall be deemed to be the nomination paper of that candidate.

• (7) Where the returning officer thinks—

• (a) that showing a candidate’s commonly used name on the ballot paper is likely to mislead or confuse electors; or

• (b) that the commonly used name is obscene or offensive,

the returning officer may refuse to show the commonly used name on the ballot paper.

• (8) Where paragraph(7) applies, the returning officer shall give notice in writing to the candidate of the returning officer’s reasons for refusing to allow the commonly used name to be shown on the ballot paper.

Corresponding number list

15

• (1) The returning officer shall prepare a list (“the corresponding number list”) in accordance with paragraph(2).

• (2) The corresponding number list shall—

• (a) be in twoparts, partone containing the numbers and unique identifying marks of all ballot papers issued in pursuance of rule21(1) and parttwo containing the numbers (but not the unique identifying marks) of all the ballot papers to be issued in pursuance of rule25(1); and

• (b) be in the form set out in Form6 or a form to the like effect.

Security marking

16

• (1) Every ballot paper must bear or contain—

• (a) a unique identifying mark; and

• (b) an official mark.

• (2) The official mark shall be kept secret, and an interval of not less than five years shall intervene between the use of the same official mark at elections for the same local authority.

Prohibition of disclosure of vote

17

No person who has voted at the election shall, in any legal proceedings to question the election, be required to state for whom the person voted.

Use of schools and public rooms

18

• (1) The returning officer may use, free of charge, for the purpose of taking the poll or counting the votes—

• (a) a room in a school other than an independent school within the meaning of section135 of the Education (Scotland) Act 1980[^f00025]; and

• (b) a room the expense of maintaining which is payable out of local authority funds,

provided that nothing in this paragraph shall authorise the use of a room used as part of a private dwellinghouse.

• (2) The returning officer shall make good any damage done to, and defray any expense incurred by the persons having control over, any such room as mentioned above by reason of its being used for the purpose of taking the poll or counting the votes.

Supply of free copy of register, lists and notices

19

• (1) Each electoral registration officer must, on the request of the relevant returning officer, supply free of charge to the returning officer as many printed copies of—

• (a) the latest version of the register of electors published under section 13(1) or (3) of the 1983 Act[^f00026], as the case may be;

• (b) any notice setting out an alteration to that version of the register issued under—

• (i) section 13A(2) of that Act,

• (ii) section 13B(3), (3B) or (3D) of that Act, or

• (iii) section13BB(4) or (5) of that Act; and

• (c) any record of anonymous entries,

as the returning officer may reasonably require for the purposes of the poll.

• (2) Each electoral registration officer must, as soon as practicable, supply free of charge to the relevant returning officer as many printed copies of—

• (a) the postal voters list;

• (b) the list of proxies; and

• (c) the proxy postal voters list,

as the returning officer may reasonably require for the purposes of the poll.

• (3) If, after supplying copies of the register and notices in accordance with paragraph (1), any further notices of the kind referred to in paragraph (1)(b) are issued by an electoral registration officer, the electoral registration officer must, as soon as reasonably practicable after issuing the notices, supply the relevant returning officer with as many printed copies as the returning officer may reasonably require for the purposes of the poll.

• (4) The duty under paragraph (1) to supply as many printed copies of the register and notices as the returning officer may reasonably require includes a duty to supply one copy in data form.

• (5) For the purposes of this rule—

• “data” means information which is recorded with the intention that it should be processed by means of equipment operating automatically in response to instructions given for that purpose; and

• “data form” means data which is in a form which is capable of being processed by means of equipment operating automatically in response to instructions given for that purpose.

Action to be taken before the poll

Notice of poll

20

• (1) Notice of the poll in the form set out in Form7, or a form to the like effect shall be published by the returning officer and the said notice, which may apply to one or more electoral wards, shall, except where in the circumstances it is not appropriate, be combined with the notice of an uncontested election to be given under rule12.

• (2) Notwithstanding the generality of paragraph (1), the notice of poll shall contain information about the number of councillors to be elected to the ward in question.

• (3) The names of the candidates in the notice of poll shall be arranged in the same manner as they are arranged on the ballot paper in accordance with rule14(2).

• (4) The returning officer shall, not later than the time of the publication of the notice of the poll, also give public notice of—

• (a) the situation of each polling station; and

• (b) the description of voters entitled to vote there,

and shall as soon as practicable after giving such a notice give a copy of it to each of the election agents.

Postal ballot papers

21

• (1) The returning officer shall as soon as practicable issue to those entitled to vote by post—

• (a) a ballot paper; and

• (b) a postal voting statement in the form set out in Form8, or a form to the like effect,

together with envelopes for their return.

• (2) The returning officer must also issue to those entitled to vote by post such information as the returning officer thinks appropriate about how to obtain—

• (a) translations into languages other than English of any directions to or guidance for voters sent with the ballot paper;

• (b) a translation into Braille of such directions or guidance;

• (c) graphical representations of such directions or guidance; and

• (d) the directions or guidance in any other form (including any audible form).

Provision of polling stations

22

• (1) The returning officer shall provide a sufficient number of polling stations and, subject to the following provisions of this rule, shall allot the electors to the polling stations.

• (2) One or more polling stations may be provided in the same room.

• (3) The returning officer shall provide each polling station with such number of compartments as may be necessary in which the voters can mark their votes screened from observation.

Appointment of presiding officers and clerks

23

• (1) The returning officer shall appoint and pay—

• (a) a presiding officer to attend at each polling station; and

• (b) such clerks as may be necessary for the purposes of the election,

but shall not appoint any person who has been employed by or on behalf of a candidate in or about the election.

• (2) The returning officer may preside at a polling station and the provisions of these rules relating to a presiding officer shall apply to a returning officer so presiding with the necessary modifications as to things done by the returning officer to the presiding officer or by the presiding officer to the returning officer.

• (3) A presiding officer may authorise the clerks appointed to assist such presiding officer to do any act (including the asking of questions) which such presiding officer is required or authorised by these rules to do at a polling station, except order the exclusion or removal of any person from the polling station.

Issue of official poll cards and notifications

24

• (1) The returning officer shall as soon as practicable after the issue of the notice of poll send to electors and their proxies an official poll card, an official postal poll card, an official poll card issued to the proxy of an elector and an official postal poll card issued to the proxy of an elector, as appropriate.

• (2) An official poll card shall not be sent to a person registered, or to be registered, in pursuance of an overseas elector’s declaration.

• (3) An elector’s official poll card or notification shall be sent or delivered to such elector’s qualifying address, and a proxy’s official poll notification to such proxy’s address as shown in the list of proxies.

• (4) The official poll card, the official postal poll card, the official poll card issued to the proxy of an elector and the official postal poll card issued to the proxy of an elector shall be in the form set out in Forms9, 10, 11 and 12 respectively, or a form to the like effect, and shall include—

• (a) the name of the council and of the electoral ward to which councillors are to be elected and the number of councillors to be elected for that electoral ward;

• (b) the elector’s name, qualifying address and number in the register; and

• (c) the date and hours of the poll and, in the case of Forms9 and 11, the situation of the elector’s polling station.

• (5) In the case of an elector with an anonymous entry, instead of containing the information mentioned in paragraph(4)(b) the polling card shall contain such matter as is specified in Forms9 to 12.

Equipment of polling stations

25

• (1) The returning officer shall provide each presiding officer with such number of ballot boxes and ballot papers as the returning officer considers necessary.

• (2) Every ballot box shall be so constructed that the ballot papers can be put in it, but cannot be withdrawn from it, without the box being opened.

• (3) The returning officer shall provide each polling station with—

• (a) materials to enable voters to mark the ballot papers;

• (b) copies of the register of electors for the electoral ward or such part of it as contains the entries relating to the electors allotted to the station;

• (c) the parts of any lists of persons entitled to vote by post or by proxy prepared for the election corresponding to the register of electors for the electoral ward or the part of it provided under sub‑paragraph(b);

• (d) copies of forms of declarations and other documents required for the purpose of the poll; and

• (e) parttwo of the corresponding number list, which contains the numbers (but not the other unique identifying marks) corresponding to those on the ballot papers provided to the presiding officer of the polling station.

• (4) A notice in the form set out in Form13, or a form to the like effect, giving directions for the guidance of voters in voting, shall be printed—

• (a) in conspicuous characters; and

• (b) in a graphical format,

and exhibited inside and outside every polling station and in every compartment of every polling station.

• (5) The returning officer shall also provide each polling station with—

• (a) an enlarged hand-held sample copy of the ballot paper for the assistance of voters who are partially sighted; and

• (b) a device for enabling voters who are blind or partially‑sighted to vote without any need for assistance from the presiding officer or any companion.

• (6) The returning officer shall cause to be displayed at every polling station an enlarged sample copy of the ballot paper clearly marked as a specimen provided only for the guidance of voters and may include a translation of those words into such other languages as is reasonably practicable.

• (7) The sample copy mentioned in paragraph (5)(a) and (6) must be clearly marked as a specimen provided only for the guidance of voters.

Appointment of polling and counting agents

26

• (1) Each candidate may, before the commencement of the poll, appoint—

• (a) polling agents to attend at polling stations for the purpose of detecting personation; and

• (b) counting agents to attend at the counting of the votes.

• (2) The returning officer may limit the number of counting agents, but the number shall be the same in the case of each candidate.

• (3) Notice in writing of the appointment, stating the names and addresses of the persons appointed, shall be given by the candidate to the returning officer and shall be so given not later than the fifth day before the day of the poll.

• (4) If an agent dies, or becomes incapable of acting, the candidate may appoint another agent in such agent’s place, and shall forthwith give to the returning officer notice in writing of the name and address of the agent appointed.

• (5) Any appointment authorised by this rule may be made and the notice of appointment given to the returning officer by the candidate’s election agent, instead of by the candidate.

• (6) In the following provisions of these rules, references to polling agents and counting agents shall be taken as references to agents—

• (a) whose appointments have been duly made and notified; and

• (b) where the number of agents is restricted, who are within the permitted number.

• (7) Any notice required to be given to a counting agent by the returning officer may be delivered at or sent by post to the address stated in the notice of appointment and, where a candidate has no counting agent, any such notice shall be given to the candidate.

• (8) A candidate may do any act or thing which any polling or counting agent of such candidate, if appointed, would have been authorised to do, or may assist such agent in doing any such act or thing.

• (9) A candidate’s election agent may do or assist in doing anything which a polling or counting agent of such candidate is authorised to do; and anything required or authorised by these rules to be done in the presence of the polling or counting agents may be done in the presence of a candidate’s election agent instead of such candidate’s polling agent or counting agents.

• (10) Where by these rules any act or thing is required or authorised to be done in the presence of the polling or counting agents, the non‑attendance of any agent or agents at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.

Requirement of secrecy

27

• (1) The following persons attending at a polling station, namely—

• (a) a returning officer or a member of staff of a returning officer;

• (b) a presiding officer or clerk;

• (c) a candidate;

• (d) an election agent;

• (e) a polling agent;

• (f) a person attending by virtue of sections6A to 6D of the Political Parties, Elections and Referendums Act 2000[^f00027] (representatives of the Electoral Commission and accredited observers),

shall maintain and aid in maintaining the secrecy of voting and shall not, except for some purpose authorised by law, communicate to any person before the poll is closed the information described in paragraph(2).

• (2) The information referred to in paragraph(1) is any information as to—

• (a) the name of any elector or proxy for an elector who has or has not applied for a ballot paper or voted at a polling station;

• (b) the number on the register of electors of any elector who, or whose proxy, has or has not applied for a ballot paper or voted at a polling station; or

• (c) the official mark being used in accordance with rule16(1).

• (3) Every person attending at the counting of the votes shall maintain and aid in maintaining the secrecy of voting and shall not—

• (a) ascertain or attempt to ascertain at the counting of the votes the number or other unique identifying mark on the back of any ballot paper;

• (b) communicate any information obtained at the counting of the votes as to the candidate for whom any vote is given on any particular ballot paper.

• (4) No person shall—

• (a) interfere with or attempt to interfere with a voter when the voter is recording the voter’s vote;

• (b) otherwise obtain or attempt to obtain in a polling station information as to the candidate for whom a voter in that station is about to vote or has voted;

• (c) communicate at any time to any person any information obtained in a polling station as to the candidate or candidates for whom a voter in that station is about to vote or has voted, or as to the number or other unique identifying mark on the back of a ballot paper given to a voter at that station; or

• (d) directly or indirectly induce a voter to display a ballot paper after the voter has marked it so as to make known to any person the name of the candidate or candidates for whom the voter has or has not voted.

• (5) Every person attending the proceedings in connection with the issue or the receipt of ballot papers for persons voting by post shall maintain and aid in maintaining the secrecy of voting and shall not—

• (a) except for some purpose authorised by law, communicate, before the poll is closed, to any person any information obtained at those proceedings as to the official mark;

• (b) except for some purpose authorised by law, communicate to any person at any time any information obtained at those proceedings as to the number or other unique identifying mark on the back of any ballot paper sent to any person;

• (c) except for some purpose authorised by law, attempt to ascertain at the proceedings in connection with the receipt of ballot papers the number or other unique identifying mark on the back of any ballot paper; or

• (d) attempt to ascertain at the proceedings in connection with the receipt of ballot papers the name of the candidate for whom any vote is given in any particular ballot paper or communicate any information with respect thereto obtained at those proceedings.

• (6) No person having undertaken to assist a voter with disabilities to vote shall communicate at any time to any person any information as to the name of the candidate or candidates for whom that voter intends to vote or has voted, or as to the number or other unique identifying mark on the back of a ballot paper given for the use of that voter.

• (7) No person may publish before the close of the poll—

• (a) any statement relating to the way in which voters have voted in the poll where that statement is (or might reasonably be taken to be) based on information given by voters after they have voted; or

• (b) any forecast or estimate as to the result of the election which is (or might reasonably be taken to be) based on information so given.

• (8) If a person acts in contravention of this rule that person shall be liable on summary conviction to a fine not exceeding the amount specified as level5 on the standard scale or to imprisonment for a term not exceeding three months.

• (9) In this rule—

• (a) a voter with disabilities is a voter who has made a declaration under rule35 that the voter is so incapacitated by blindness or other disability or by inability to read, as to be unable to vote without assistance;

• (b) “publish” means make available to the public at large (or any section of the public), in whatever form and by whatever means; and

• (c) the reference to the result of the election is a reference to the result of the election either as a whole or so far as any particular candidate or candidates at the election are concerned.

• (10) The returning officer shall make such arrangements as are reasonably practicable to ensure that every person attending a polling station and every person attending at the counting of the votes has been given a copy of these provisions.

• (11) But these arrangements shall not apply to—

• (a) a person attending the polling station for the purpose of voting;

• (b) a person under the age of 18years of age accompanying a voter;

• (c) a person assisting a voter with disabilities to vote; or

• (d) a constable on duty at a polling station or at the count.

The poll

Admission to polling station

28

• (1) The presiding officer shall exclude all persons from the polling station except—

• (a) voters;

• (b) persons under the age of 18 who accompany voters to the polling station;

• (c) the candidates and their election agents;

• (d) the polling agents appointed to attend at the polling station;

• (e) the clerks appointed to attend at the polling station;

• (f) the constables on duty;

• (g) the companions of voters with disabilities;

• (h) the returning officer and the returning officer’s staff; and

• (i) persons entitled to attend in accordance with sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000.

• (2) The presiding officer shall regulate the total number of voters and persons under the age of 18 who accompany them to be admitted to the polling station at the same time.

• (3) Not more than one polling agent shall be admitted at the same time to a polling station on behalf of the same candidate.

• (4) A constable or person employed by a returning officer shall not be admitted to vote in person elsewhere than at the polling station allotted under these rules, except on production and surrender of a certificate as to such employment which shall be in the form set out in Form14, or a form to the like effect, and signed by an officer of police of or above the rank of inspector or by the returning officer, as the case may be.

• (5) Any certificate surrendered under this rule shall forthwith be cancelled.

Keeping of order in station

29

• (1) It is the presiding officer’s duty to keep order at the polling station.

• (2) If a person commits a misconduct in a polling station, or fails to obey the presiding officer’s lawful orders, such person may immediately, by the presiding officer’s order, be removed from the polling station—

• (a) by a constable in or near that station; or

• (b) by any other person authorised in writing by the returning officer to remove such person,

and the person so removed shall not, without the presiding officer’s permission, again enter the polling station during that day.

• (3) Any person so removed may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant.

• (4) The powers conferred by this rule shall not be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

Sealing of ballot boxes

30

Immediately before the commencement of the poll, the presiding officer shall—

• (a) show each ballot box proposed to be used for the purposes of the poll empty to such persons, if any, as are present in the polling station, so that they may see that each box is empty;

• (b) place the presiding officer’s seal on it in such a manner as to prevent it being opened without breaking the seal;

• (c) place each box in the presiding officer’s view for the receipt of ballot papers; and

• (d) keep it so sealed.

Questions to be put to voters

31

• (1) At the time of the application for a ballot paper (but not afterwards), the questions specified in paragraph (3) shall be put by the presiding officer to the applicant if a candidate or a candidate’s election or polling agent requires the question to be put.

• (2) At the time of the application for a ballot paper (but not afterwards), the questions specified in paragraphs (3) and (4) may be put by the presiding officer to the applicant.

• (3) The questions referred to in paragraphs (1) and (2) are—

Person applying for ballot paper	Questions	Questions
1. A person applying as an elector	(a)	“Are you the person registered in the register of local government electors for this election as follows?” (read the whole entry from the register).
	(b)	“Have you already voted at this election [adding, in the case of an election for more than one electoral ward, in this or any other electoral ward] otherwise than as proxy for some other person?”
2. A person applying as proxy	(a)	“Are you the person whose name appears as A.B. in the list of proxies for this election as entitled to vote as proxy on behalf of C.D.?”
	(b)	“Have you already voted at this election [adding, in the case of an election for more than one electoral ward, in this or any other electoral ward] as proxy on behalf of C.D.?”
	(c)	“Are you the spouse, civil partner, parent, grandparent, brother/sister, child or grandchild of C.D.?”
3. A person applying as proxy for an elector with an anonymous entry (instead of the questions at entry 2 above)	(a)	“Are you the person entitled to vote as proxy on behalf of the elector whose number on the register of local government electors is (read out the number from the register)?”
	(b)	“Have you already voted here or elsewhere as proxy on behalf of the elector whose number on the register of local government electors is (read out the number from the register)?”
	(c)	“Are you the spouse, civil partner, parent, grandparent, brother/sister, child or grandchild of the person whose number on the register of local government electors is (read out the number from the register)?”
4. Person applying as proxy if the question at entry 2(c) or 3(c) is not answered in the affirmative	“Have you already voted at this election [adding, in the case of an election for more than one electoral ward, in this or any other electoral ward] on behalf of two persons of whom you are not the spouse, civil partner, parent, grandparent, brother/sister, child or grandchild?”	“Have you already voted at this election [adding, in the case of an election for more than one electoral ward, in this or any other electoral ward] on behalf of two persons of whom you are not the spouse, civil partner, parent, grandparent, brother/sister, child or grandchild?”

• (4) The questions referred to in paragraph (2) are—

Person applying for ballot paper	Questions	Questions
1. A person applying as an elector in relation to whom there is an entry in the postal voters list	(a)	“Did you apply to vote by post?”
	(b)	“Why have you not voted by post?”
2. A person applying as proxy who is named in the proxy postal voters list	(a)	“Did you apply to vote by post as proxy?”
	(b)	“Why have you not voted by post as proxy?”

• (5) In the case of an elector in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, the references in the questions at entries 1(a) and 3(a), (b) and (c) to reading from the register must be taken as references to reading from the notice issued under section 13B(3B) or (3D).

• (6) A ballot paper shall not be delivered to any person required to answer the above questions or any of them unless such person has answered the questions or question satisfactorily.

• (7) Except as authorised by this rule, no inquiry shall be permitted as to the right of any person to vote.

Challenge of voter

32

A person shall not be prevented from voting by reason only that—

• (a) a candidate or that candidate’s election or polling agent has reasonable cause to believe that the person has committed an offence of personation and makes a declaration to that effect; or

• (b) the person is arrested on the grounds of being suspected of committing or of being about to commit such an offence.

Voting procedure

33

• (1) A ballot paper shall be delivered to a voter who applies for one, and immediately before delivery—

• (a) the number and (unless paragraph (2) applies) name of the elector as stated in the copy of the register of electors shall be called out;

• (b) the number of the elector shall be marked on parttwo of the corresponding number list mentioned beside the number of the ballot paper to be issued to the elector;

• (c) a mark shall be placed in the copy of the register of electors against the number of the elector to note that a ballot paper has been received but without showing the particular ballot paper which has been received; and

• (d) in the case of a person applying for a ballot paper as proxy, a mark shall also be placed against that person’s name in the list of proxies.

• (2) In the case of an elector who has an anonymous entry, the elector’s official poll card must be shown to the presiding officer and only the elector’s number shall be called out in pursuance of paragraph (1)(a).

• (3) In the case of an elector who is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (1) is modified as follows—

• (a) in sub‑paragraph (a), for “copy of the register of electors” substitute “copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act”;

• (b) in sub‑paragraph (c), for “in the copy of the register of electors” substitute “on the copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act”.

• (4) The voter, on receiving the ballot paper, shall forthwith proceed into one of the compartments in the polling station and there secretly mark the voter’s ballot paper and put the ballot paper into the ballot box in the presiding officer’s presence.

• (5) The voter shall vote without undue delay, and shall leave the polling station as soon as the voter has put the ballot paper into the ballot box.

• (6) For the avoidance of doubt, in the event that a voter is held in a queue at the polling station at the close of the poll and has not been able to cast their vote, the presiding officer shall permit them to cast their vote as soon as practicable immediately following the time specified as the close of the poll.

Votes marked by presiding officer

34

• (1) The presiding officer, on the application of a voter—

• (a) who is incapacitated by blindness or other disability from voting in manner directed by these rules; or

• (b) who declares orally an inability to read,

shall, in the presence of the polling agents, cause the voter’s vote to be marked on a ballot paper in the manner directed by the voter, and the ballot paper to be placed in the ballot box.

• (2) The name and number in the copy of the register of electors of every voter whose vote is marked in pursuance of this rule, and the reason why it is so marked, shall be entered on a list (in these rules called “the list of votes marked by the presiding officer”) and in the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name shall be the elector’s number.

• (3) In the case of a person in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act, paragraph (2) applies as if for “in the copy of the register of electors of every voter” there were substituted “relating to every voter in respect of whom a notice has been issued under section 13B(3B) or (3D) of the 1983 Act”.

Voting by persons with disabilities

35

• (1) If a voter makes an application to the presiding officer to be allowed, on the ground of—

• (a) blindness or other disability; or

• (b) inability to read,

to vote with the assistance of another person by whom such voter is accompanied (in these rules referred to as “the companion”), the presiding officer shall require the voter to declare, orally or in writing, whether such voter is so disabled by blindness or other disability, or by inability to read, as to be unable to vote without assistance.

• (2) If the presiding officer—

• (a) is satisfied that the voter is so incapacitated; and

• (b) is also satisfied by a written declaration made in accordance with the requirements of paragraph(6) by the companion (in these rules referred to as “the declaration made by the companions of voters with disabilities”) that the companion—

• (i) is a qualified person within the meaning of this rule, and

• (ii) has not previously assisted more than one voter with disabilities to vote at the election,

the presiding officer shall grant the application, and then anything which is by these rules required to be done to or by that voter in connection with the giving of that voter’s vote may be done to, or with the assistance of, the companion.

• (3) For the purposes of these rules, a person is a voter with disabilities if such person has made such a declaration as is mentioned in paragraph (1), and a person shall be qualified to assist a voter with disabilities to vote if that person—

• (a) is a person who is entitled to vote as an elector at the election; or

• (b) is the father, mother, brother, sister, husband, wife, civil partner, grandparent, child or grandchild of the voter and has attained the age of 18 years.

• (4) The name and number in the copy of the register of electors of every voter whose vote is given in accordance with this rule and the name and address of the companion shall be entered on a list (in these rules referred to as “the list of voters with disabilities assisted by companions”) and in the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name shall be the elector’s number.

• (5) In paragraph (4), where the voter being assisted by a companion has an anonymous entry, only the voter’s number in the copy of the register of electors shall be entered on the list of voters with disabilities assisted by companions.

• (6) In the case of a person in respect of whom a notice has been issued under section13B(3B) or (3D) of the 1983 Act, paragraph(4) applies as if for “in the copy of the register of electors of every voter” there were substituted “relating to every voter in respect of whom a notice has been issued under section13B(3B) or (3D) of the 1983 Act”.

• (7) The declaration made by the companion under paragraph(2)(b)—

• (a) shall be in the form set out in Form15; and

• (b) shall be made before the presiding officer at the time when the voter applies to vote with the assistance of a companion and shall forthwith be given to the presiding officer who shall attest and retain it.

• (8) No fee or other payment shall be charged in respect of the declaration.

Tendered ballot papers

36

• (1) Paragraph(5) applies if a person represents to be—

• (a) a particular elector named in the register of electors and not named in the postal voters list or list of proxies; or

• (b) a particular person named in the list of proxies as proxy for an elector and not entitled to vote by post as proxy,

and that person applies for a ballot paper after another person has voted in person either as the elector or the elector’s proxy.

• (2) Paragraph(5) also applies if—

• (a) a person applies for a ballot paper by representing to be a particular elector named in the register of electors;

• (b) the person is also named in the postal voters list; and

• (c) the person claims not to have made an application to vote by post at the election.

• (3) Paragraph(5) also applies if—

• (a) a person applies for a ballot paper by representing to be a particular person named as a proxy in the list of proxies;

• (b) the person is also named in the proxy postal voters list; and

• (c) the person claims not to have made an application to vote by post as proxy.

• (4) Paragraph(5) also applies if, before the close of the poll but after the last time at which a person may apply for a replacement postal ballot paper, a person represents to be—

• (a) a particular elector named in the register of electors and who is also named in the postal voters list; or

• (b) a particular person named as a proxy in the list of proxies and who is also named in the proxy postal voters list,

and claims to have lost or not to have received that person’s postal ballot paper.

• (5) The person shall, on satisfactorily answering the questions permitted under rule31 to be asked at the time of applying for a ballot paper, be entitled, subject to the following provisions of this rule, to mark a ballot paper (in these rules referred to as a “tendered ballot paper”) in the same manner as any other voter.

• (6) A tendered ballot paper shall—

• (a) be a different colour from the other ballot papers;

• (b) instead of being put into the ballot box, be given to the presiding officer and endorsed by the presiding officer with the name of the voter and the voter’s number in the register of electors, and set aside in a separate packet.

• (7) The name of the voter and the voter’s number in the register of electors shall be entered on a list (in these Rules referred to as the “tendered votes list”).

• (8) In the case of a person voting as proxy for an elector, the number to be endorsed or entered together with the voter’s name shall be the number of that elector.

• (9) This rule applies to an elector who has an anonymous entry subject to the following modifications—

• (a) in paragraphs(6)(b) and (7) the references to the name of the voter must be ignored;

• (b) otherwise, a reference to a person named in the register of electors or a list must be construed as a reference to a person whose number appears on the register of electors or list (as the case may be).

• (10) This rule applies in the case of a person in respect of whom a notice has been issued under section13(3B) or (3D) of the 1983 Act as if—

• (a) in paragraphs(1), (2)(a) and (4)(a) for “named on the register” there were substituted “in respect of whom a notice under section13B(3B) or (3D) of the 1983 Act has been issued”;

• (b) in paragraph(7) for “the voter’s number in the copy of the register of electors” there were substituted “the number relating to that person on a notice issued under section13B(3B) or (3D) of the 1983 Act”.

Spoilt ballot papers

37

A voter who has inadvertently dealt with a ballot paper in such manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and proving to the presiding officer’s satisfaction the fact of the inadvertence, obtain another ballot paper in the place of the ballot paper so delivered (in these rules the ballot paper so delivered is referred to as a “spoilt ballot paper”), and the spoilt ballot paper shall be immediately cancelled.

Correction of errors on day of poll

38

The presiding officer shall keep a list of persons to whom ballot papers are delivered in consequence of an alteration to the register made by virtue of section 13B(3B) or (3D) of the 1983 Act (notice of alteration of register) which takes effect on the day of the poll.

Adjournment of poll in case of riot

39

• (1) Where the proceedings at any polling station are interrupted or obstructed by riot or open violence, the presiding officer shall adjourn the proceedings until the following day and shall forthwith give notice to the returning officer.

• (2) Where the poll is adjourned at any polling station—

• (a) the hours of polling on the day to which it is adjourned shall be the same as for the original day; and

• (b) references in these rules to the close of the poll shall be construed accordingly.

Procedure on close of poll

40

• (1) As soon as practicable after every voter has cast their vote in terms of rule33, the presiding officer shall, in the presence of the polling agents, using the presiding officer’s own seal and the seals of such polling agents as desire to affix their seals, seal each ballot box in use at the station so as to prevent the introduction of additional ballot papers and thereafter separate and make up into separate packets, sealed with the presiding officer’s own seal and the seals of such polling agents as desire to affix their seals—

• (a) the unused and spoilt ballot papers placed together;

• (b) the tendered ballot papers;

• (c) the marked copies of the register of electors and any notices setting out an alteration to the register of electors referred to in rule19(b), the marked copies of the postal voters list, the list of proxies and the proxy postal voters list;

• (d) the certificates as to employment on duty on the day of the poll surrendered under rule28(4);

• (e) part two of the corresponding number list completed in accordance with rule 33(1)(b) (referred to in these rules as “the completed corresponding number list”);

• (f) any postal ballot paper or postal voting statement returned to the station in terms of rule43(2);

• (g) as a single packet—

• (i) the list of votes marked by the presiding officer maintained under rule34(2) together with a statement of the number of voters whose votes are marked under the heads ‘disability’ and ‘unable to read’;

• (ii) the declarations made by the companions of voters with disabilities under rule35(2)(b);

• (iii) the list of voters with disabilities assisted by companions maintained under rule35(4);

• (iv) the tendered votes list maintained under rule36(7); and

• (v) the list maintained under rule 38,

and shall deliver the sealed ballot boxes or packets or cause them to be delivered to the returning officer to be taken charge of by the returning officer; but if the sealed ballot boxes or packets are not delivered by the presiding officer personally to the returning officer, the arrangements for their delivery shall require the returning officer’s approval.

• (2) The marked copies of the register of electors and of the list of proxies shall be in one packet but shall not be in the same packet as the lists mentioned in paragraph(1)(e) or the certificates as to employment on duty on the day of the poll.