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Parliamentary Voting System and Constituencies Act 2011

Type Public General Act

Publication 2011-02-16

Last updated 2024-08-24

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(d) rule 39(7) of the Mayoral Elections (Combination of Polls) Rules.

Tendered votes list

33

(1) If the counting officer thinks fit, a single tendered votes list may be used for the purposes of the referendum and the relevant elections.

(2) Where a person's entry in that list does not relate to the referendum and each relevant election the entry must—

(a) indicate whether it relates to the referendum, and

(b) identify any relevant election to which it relates.

(3) In this paragraph “tendered votes list” means a list compiled under—

(a) rule 33(7) of the referendum rules,

(b) rule 39(2) of the Local Elections (Combination of Polls) Rules,

(d) rule 32(2) of the Local Referendums (Combination of Polls) Rules, or

(e) rule 41(2) of the Mayoral Elections (Combination of Polls) Rules.

(4) This paragraph applies instead of—

(a) rule 39(3) of the Local Elections (Combination of Polls) Rules;

(b) rule 39(3) of the Parish Elections (Combination of Polls) Rules;

(d) rule 41(3) of the Mayoral Elections (Combination of Polls) Rules.

Lists relating to correction of errors on day of poll

34

(1) If the counting officer thinks fit, a single list of persons to whom ballot papers are delivered in consequence of late alterations to the register may be used for the purposes of the referendum and the relevant elections.

(2) Where a person's entry in that list does not relate to the referendum and each relevant election the entry must—

(a) indicate whether it relates to the referendum, and

(b) identify any relevant election to which it relates.

(3) In this paragraph “list of persons to whom ballot papers are delivered in consequence of late alterations to the register” means a list compiled under—

(a) rule 36 of the referendum rules,

(b) rule 41(1) of the Local Elections (Combination of Polls) Rules,

(d) rule 34(1) of the Local Referendums (Combination of Polls) Rules, or

(e) rule 43(1) of the Mayoral Elections (Combination of Polls) Rules.

(4) This paragraph applies instead of—

(a) rule 41(2) of the Local Elections (Combination of Polls) Rules;

(b) rule 41(2) of the Parish Elections (Combination of Polls) Rules;

(d) rule 43(2) of the Mayoral Elections (Combination of Polls) Rules.

Notice of adjournment in case of riot

35

In the following provisions, references to a returning officer are to be read as references to the counting officer—

(a) rule 42(1) of the Local Elections (Combination of Polls) Rules;

(b) rule 42(1) of the Parish Elections (Combination of Polls) Rules;

Procedure on close of poll

36

(1) In rule 38(1) of the referendum rules the reference to polling agents includes a reference to polling agents appointed for the purposes of any relevant election.

(2) A packet made up under rule 38(1)(b), (c) or (f) of the referendum rules may not be combined with a packet made up under a corresponding provision of the rules governing any relevant election.

(3) The ballot paper account prepared under rule 38(6) of the referendum rules may not be combined with the ballot paper account for any relevant election.

37

(1) In the following provisions, references to a returning officer are to be read as references to the counting officer—

(a) rule 43(1) of the Local Elections (Combination of Polls) Rules;

(b) rule 43(1) of the Parish Elections (Combination of Polls) Rules;

(2) This paragraph applies instead of—

(a) rule 43(3) of the Local Elections (Combination of Polls) Rules;

(b) rule 43(3) of the Parish Elections (Combination of Polls) Rules;

Counting of votes

Attendance and arrangements for counting

38

(1) The counting officer must make arrangements for counting the ballot papers and carrying out the other functions conferred by paragraph 42 in the presence of the counting agents.

(2) The counting officer must give the counting agents notice in writing of the time and place at which the proceedings under paragraph 42 will begin.

(3) A person may be present at the proceedings under paragraph 42 only if—

(a) the person is entitled to be present at the counting of the votes for the referendum or a relevant election, or

(b) the person is permitted by the counting officer to attend.

(4) The counting officer may give a person permission under sub-paragraph (3)(b) only if—

(a) the officer is satisfied that the person's attendance will not impede the efficient conduct of the proceedings, and

(b) the officer has consulted the referendum agents and election agents or thought it impracticable to do so.

(5) The counting officer must give the counting agents—

(a) whatever reasonable facilities for overseeing the proceedings, and

(b) whatever information with respect to the proceedings,

the officer can give them consistently with the orderly conduct of the proceedings and the discharge of the officer's duties.

39

Rule 39(1) of the referendum rules (arrangements for the counting of votes in the referendum) has effect with the omission of the words “after the close of the poll”.

40

(1) The returning officer for a relevant election must make arrangements for counting the votes in the presence of the counting agents for the relevant election as soon as practicable after receiving the ballot papers from the counting officer under paragraph 43.

(2) The returning officer must give the counting agents for the relevant election notice in writing of the time and place at which the counting of the votes for the relevant election will begin.

(3) A person may be present at the counting of the votes for a relevant election only if—

(a) the person is permitted by the returning officer to attend, or

(b) the person would be entitled to be present at the counting of votes for the relevant election if it were taken on its own.

(4) The returning officer may give a person permission under sub-paragraph (3)(a) only if—

(a) the officer is satisfied that the person's attendance will not impede the efficient counting of the votes, and

(b) the officer has consulted the election agents or thought it impracticable to do so.

(5) The returning officer must give the counting agents for the relevant election—

(a) whatever reasonable facilities for overseeing the proceedings, and

(b) whatever information with respect to the proceedings,

the officer can give them consistently with the orderly conduct of the proceedings and the discharge of the officer's duties.

(6) In particular, where the votes are counted by sorting the ballot papers into lots according to the votes marked on them and then counting the number of ballot papers in each lot, the counting agents for the relevant election are entitled to satisfy themselves that the ballot papers are correctly sorted.

41

Paragraphs 38 and 40 apply instead of—

(a) rule 44 of the Local Elections (Combination of Polls) Rules;

(b) rule 44 of the Parish Elections (Combination of Polls) Rules;

(d) rule 46 of the Mayoral Elections (Combination of Polls) Rules.

Counting and separation of ballot papers by counting officer

42

(1) As soon as practicable after the close of the poll the counting officer must—

(a) in the presence of the counting agents, open the ballot boxes and count and record separately the number of ballot papers relating to the referendum and each relevant election;

(b) where proceedings on the issue and receipt of postal ballot papers for the referendum and the relevant elections are taken together, count the postal ballot papers that have been duly returned for the referendum and the relevant elections and record separately the number relating to each;

(c) where proceedings on the issue and receipt of postal ballot papers for the referendum and the relevant elections are not taken together, count the postal ballot papers that have been duly returned for the referendum and record the number;

(d) separate ballot papers relating to the referendum and those relating to each relevant election.

(2) Rule 40(3) of the referendum rules applies for the purposes of any combined polls; but where proceedings on the issue and receipt of postal ballot papers are not taken together by virtue of regulation 65 of the Representation of the People (England and Wales) Regulations 2001, a reference in rule 40(3) to a counting officer is to be read in relation to the return of ballot papers for a relevant election as a reference to the returning officer for that relevant election.

(3) The counting officer must not count any tendered ballot papers.

(4) The counting officer, while counting and recording the number of ballot papers, must—

(a) keep the ballot papers with their faces upwards, and

(b) take all proper precautions for preventing anyone from seeing the numbers or other unique identifying marks printed on the back of the papers.

(5) The counting officer must, in the presence of the referendum agents and the election agents for the relevant elections—

(a) verify each ballot paper account by comparing it with the number of ballot papers recorded by the officer, and the unused and spoilt ballot papers in the officer's possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list);

(b) draw up a separate statement as to the result of the verification in relation to each poll.

(6) An election agent for a relevant election may copy the statement relating to that relevant election.

(7) A counting agent for the referendum present at the verification may copy the statement relating to the referendum.

(8) Once the statement relating to the referendum is drawn up, the counting officer must—

(a) in the case of a voting area in a region for which a Regional Counting Officer is appointed, inform the Regional Counting Officer of the contents of the statement;

(b) in the case of any other voting area, inform the Chief Counting Officer of the contents of the statement.

(9) Rule 40 of the referendum rules does not apply (except for the purposes of sub-paragraph (2) above).

Delivery of ballot papers etc to returning officers

43

(1) The counting officer must deliver or cause to be delivered to the returning officer for a relevant election the ballot papers for the relevant election.

(2) The counting officer must also deliver or cause to be delivered to the returning officer—

(a) the ballot paper accounts and the statement as to the result of the verification of the ballot paper accounts for the relevant election;

(b) the packets of unused and spoilt ballot papers for the relevant election;

(d) the packets of certificates as to employment on duty on the day of the poll for the relevant election.

(3) If the counting officer has not begun to count the votes given on the referendum ballot papers by the time the statements as to the result of the verification of the ballot paper accounts in relation to all the polls are prepared—

(a) those ballot papers must be sealed into packets, each of which must be endorsed with a description of its contents, and

(b) the packets may not be opened until the counting officer begins dealing with the ballot papers in those packets under paragraph 44(1).

(4) If, in respect of a relevant election, none of the ballot papers have been delivered under sub-paragraph (1) by the time the statements as to the result of the verification of the ballot paper accounts in relation to all the polls are prepared—

(a) the ballot papers for that election must be sealed into packets, each of which must be endorsed with a description of its contents, and

(b) the packets may not be opened until the returning officer begins dealing with the ballot papers in those packets under paragraph 44(3).

Counting of votes

44

(1) The counting officer must count the votes given on the ballot papers for the referendum, but must not do so until—

(a) in the case of postal ballot papers, they have been mixed with the ballot papers from at least one ballot box;

(b) in the case of ballot papers from a ballot box, they have been mixed with the ballot papers from at least one other ballot box.

(2) Where proceedings on the issue and receipt of postal ballot papers for a relevant election are not taken together with those for the referendum and any other relevant elections, the returning officer for the relevant election must count the postal ballot papers that have been duly returned and record the number counted.

(3) The returning officer for a relevant election must count the votes given on the ballot papers for the relevant election, but must not do so until—

(a) in the case of postal ballot papers, they have been mixed with the ballot papers from at least one ballot box;

(b) in the case of ballot papers from a ballot box, they have been mixed with the ballot papers from at least one other ballot box.

(4) The counting or returning officer, while counting the votes, must—

(a) keep the ballot papers with their faces upwards, and

(b) take all proper precautions for preventing anyone from seeing the numbers or other unique identifying marks printed on the back of the papers.

(5) The counting or returning officer must so far as practicable proceed continuously with the counting of votes, allowing only time for refreshment, except that—

(a) the officer may exclude the whole or any part of the period between 7 pm and 9 am on the next day;

(b) the officer may exclude a day mentioned in rule 2(1) of the referendum rules.

(6) During the time so excluded the counting or returning officer must—

(a) place the ballot papers and other documents relating to the referendum or relevant election under the officer's own seal and the seals of any of the counting agents who want to affix their seals, and

(b) otherwise take proper precautions for the security of the papers and documents.

(7) This paragraph and paragraph 45 apply instead of—

(a) rule 45 of the Local Elections (Combination of Polls) Rules;

(b) rule 45 of the Parish Elections (Combination of Polls) Rules;

(d) rule 47 of the Mayoral Elections (Combination of Polls) Rules.

Ballot papers placed in wrong ballot box

45

Where separate ballot boxes are used for the referendum and a relevant election, the placing of a ballot paper in the wrong ballot box does not render it void.

Declaration of result

Declaration

46

The result of the referendum or a relevant election may not be declared until the statement as to the result of the verification of the ballot paper accounts in relation to each poll has been prepared.

Disposal of documents etc

Packets of documents

47

(1) The counting officer may not open the sealed packets of—

(a) the completed corresponding number lists for a relevant election, or

(b) marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act), and lists of proxies, for a relevant election.

(2) The following provisions have effect as if paragraph (3) were omitted—

(a) rule 51 of the Local Elections (Combination of Polls) Rules;

(b) rule 51 of the Parish Elections (Combination of Polls) Rules;

(d) rule 56 of the Mayoral Elections (Combination of Polls) Rules.

Delivery and retention of documents

48

(1) Rules 50(1)(a) and 52 of the referendum rules apply to the specified documents.

(2) The specified documents are those specified in sub-paragraphs (c), (d) and (f) of paragraph (1) of—

(a) rule 52 of the Local Elections (Combination of Polls) Rules;

(b) rule 52 of the Parish Elections (Combination of Polls) Rules;

(d) rule 57 of the Mayoral Elections (Combination of Polls) Rules.

(3) Except for the purposes of this paragraph, those rules have effect as if they did not include a reference to the specified documents (and as if paragraph (2) were omitted).

(4) Regulation 116(1) of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) has effect in relation to a relevant election as if the reference to documents forwarded under rule 55(1)(e) of the elections rules were to documents forwarded under rule 50(1)(a) of the referendum rules as applied by this paragraph.

(5) Nothing in this paragraph prevents the following provisions from applying to the specified documents—

(a) rule 53 of the Local Elections (Combination of Polls) Rules;

(b) rule 53 of the Parish Elections (Combination of Polls) Rules;

(d) rule 58 of the Mayoral Elections (Combination of Polls) Rules.

(6) Each of the following provisions has effect as if for “by this rule provided” there were substituted “ provided by this rule (or a court order) ”

(a) rule 53(8) of the Local Elections (Combination of Polls) Rules;

(b) rule 53(8) of the Parish Elections (Combination of Polls) Rules;

(d) rule 58(9) of the Mayoral Elections (Combination of Polls) Rules.

(7) Rule 45(1) of the Local Referendums (Combination of Polls) Rules has effect as if the words “Where” and “is the relevant returning or counting officer, he” were omitted.

Countermand or abandonment of poll on death of candidate

49

(1) The following provisions have effect as if they were modified in accordance with sub-paragraphs (2) and (3)—

(a) rule 55 of the Local Elections (Combination of Polls) Rules;

(b) rule 55 of the Parish Elections (Combination of Polls) Rules;

(2) In paragraph (4), for “returning officer” substitute “ relevant counting officer ”.

(3) In paragraph (7), for the words from the beginning to “further step” substitute “ Once the ballot papers relating to each relevant election or referendum have been separated, no step or further step may be taken ”.

Provision of registers etc to counting officer

Registers

50

Regulation 98 of the Representation of the People (England and Wales) Regulations 2001 as modified by Part 3 of Schedule 4 above applies for the purposes of a relevant election as it applies for the purposes of the referendum.

Absent voters lists

51

As soon as practicable after 5 pm on the 6th day before the date of the poll, the registration officer must provide the counting officer with the following lists, and any subsequent revised lists or revisions to the lists—

(a) the list of proxies for each relevant election;

(b) the postal voters list for each relevant election;

Personal identifier information

52

Where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of regulation 65 of the Representation of the People (England and Wales) Regulations 2001, paragraph 7C of Schedule 4 to the Representation of the People Act 2000 has effect as if a reference to a returning officer were a reference to the counting officer.

PART 2 — Application of provisions about issue and receipt of postal ballot papers

53

(1) For the purposes of the combined polls, Part 5 of the Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) applies—

(a) with the modifications shown in the table, and

(b) with any other necessary modifications, including in particular those set out in sub-paragraph (2).

(2) Except where the context otherwise requires—

(a) in relation to an election or referendum, a reference to a provision has effect as a reference to that provision as it applies for the purposes of that election or referendum;

(b) expressions used in relation to the referendum under section 1 are to be construed in accordance with the definitions in section 7 and rule 53 of the referendum rules;

(c) expressions used in relation to a local referendum are to be construed in accordance with regulation 2 of, and paragraph 1(2) of Schedule 4 to, the Local Authorities (Conduct of Referendums) (England) Regulations 2007 (S.I. 2007/2089).

(3) In relation to the combined polls, the modifications made by this paragraph to Part 5 of the 2001 Regulations apply instead of any modifications that would apply to that Part by virtue of—

(a) Part 3 of Schedule 4;

(b) Schedule 4 to the Local Authorities (Conduct of Referendums) (England) Regulations 2007;

Provision	Modification
Regulation 64 (interpretation of Part 5)	For the definition of “agent” substitute—“agent”, except in regulation 69(1) to (7)—ain relation to an election, includes the election agent and a person appointed to attend in the election agent's place;bin relation to the referendum on the voting system for United Kingdom parliamentary elections, means a referendum agent or an agent appointed under regulation 69.In the appropriate place insert—“candidate”, in relation to an election for the return of an elected mayor, means a candidate at such an election;.In the appropriate place insert—“local referendum” means a referendum in England under Part 2 of the Local Government Act 2000;.In the appropriate place insert—“relevant election or referendum” means an election or referendum the poll for which is to be taken together with the poll for one or more other elections or referendums under section 4(1) of the Parliamentary Voting System and Constituencies Act 2011;relevant returning or counting officer”, in relation to a relevant election or referendum, means—ain a case where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of regulation 65, the counting officer for the referendum on the voting system for United Kingdom parliamentary elections, andbin any other case, the returning or counting officer for the election or referendum in question;.In the definition of “valid postal voting statement”, after “returning officer” insert “ or counting officer ”.
Regulation 65 (combination of proceedings on issue and receipt of postal ballot papers)	For regulation 65 substitute—Combination of proceedings on issue and receipt of postal ballot papers651This regulation applies where the polls for two or more relevant elections or referendums are taken together under section 4(1) of the Parliamentary Voting System and Constituencies Act 2011.2The proceedings on the issue and receipt of postal ballot papers in respect of the polls may be taken together if the returning and counting officers think fit.
Regulation 66 (form of postal voting statement)	Omit the whole regulation.
Regulation 67 (persons entitled to be present at proceedings on issue of postal ballot papers)	For “returning officer” substitute “ relevant returning or counting officer ”.
Regulation 68 (persons entitled to be present at proceedings on receipt of postal ballot papers)	For regulation 68 substitute—Persons entitled to be present at proceedings on receipt of postal ballot papers681In a case where proceedings on the receipt of postal ballot papers are taken together by virtue of regulation 65, the only persons who may be present at those proceedings are the appropriate persons in relation to the relevant elections and referendums.2In any other case, the only persons who may be present at the proceedings on the receipt of postal ballot papers for a relevant election or referendum are the appropriate persons in relation to that election or referendum.3The following are appropriate persons in relation to an election—athe returning officer;bthe returning officer's clerks;cthe candidates;dthe election agents;eany person appointed by a candidate to attend in his election agent's place;fany agents appointed under regulation 69;gat an election of parish councillors, any person appointed by a candidate to attend proceedings on the receipt of postal ballot papers.4The following are appropriate persons in relation to a referendum—athe counting officer;bthe counting officer's clerks;cin the case of the referendum on the voting system for United Kingdom parliamentary elections, the referendum agents and any agents appointed under regulation 69;din the case of a local referendum, the persons listed in rule 37(3)(b) to (d) of the rules set out in Schedule 5 to the Local Authorities (Conduct of Referendums) (England) Regulations 2007.5This regulation is without prejudice to section 6A, 6B, 6C, 6D or 6E of the Political Parties, Elections and Referendums Act 2000.
Regulation 69 (agents of candidates who may attend proceedings on receipt of postal ballot papers)	For “returning officer” (in each place) substitute “ relevant returning or counting officer ”.Omit paragraph (3).After paragraph (7) insert—7AIn relation to the referendum on the voting system for United Kingdom parliamentary elections, in paragraph (1), (2), (4) or (7) a reference to a candidate is to be read as a reference to a referendum agent.In paragraph (8), for “the candidates or their agents” substitute “ any persons mentioned in regulation 68(3)(c) to (g) or (4)(c) and (d)” ”.
Regulation 70 (notification of requirement of secrecy)	For regulation 70 substitute—Notification of requirements of secrecy701In a case where proceedings on the issue of postal ballot papers are taken together by virtue of regulation 65, the counting officer for the referendum on the voting system for United Kingdom parliamentary elections shall make such arrangements as he thinks fit to ensure that every person attending the proceedings in connection with the issue or receipt of postal ballot papers has been given a copy in writing of the provisions of subsections (4) and (6) of section 66 of the 1983 Act as they apply in relation to each relevant election or referendum.2In any other case, the returning or counting officer for a relevant election or referendum shall make such arrangements as he thinks fit to ensure that every person attending proceedings in connection with the issue or receipt of postal ballot papers for the election or referendum has been given a copy in writing of the provisions of subsections (4) and (6) of section 66 of the 1983 Act as they apply to that election or referendum.
Regulation 71 (time when postal ballot papers are to be issued)	In paragraph (1), after “voting statement)” insert “ for an election or local referendum ”.After paragraph (1) insert—1AIn the case of a person within entry 2, 3, 4 or 5 of the table in paragraph 5(2) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011 or entry 2, 3, 4 or 5 of the table in paragraph 8(6) of that Schedule (electors and proxies entitled to vote by post for an indefinite or definite period), no postal ballot paper (and postal voting statement) for the referendum on the voting system in United Kingdom parliamentary elections shall be issued until after 5 pm on the eleventh day before the date of the poll (computed in accordance with regulation 56(6) above).In paragraph (2), omit “by the returning officer”.
Regulation 72 (procedure on issue of postal ballot papers)	For paragraph (5) substitute—5Paragraphs (5A) and (5B) apply where—aproceedings on the issue of postal ballot papers are taken together by virtue of regulation 65, andba combined postal voters list or proxy postal voters list is produced by virtue of paragraph 29 of Schedule 5 to the Parliamentary Voting System and Constituencies Act 2011.5AIn a case where a postal ballot paper is issued at the same time in respect of each relevant election or referendum, a single mark must be placed in the list under paragraph (3).5BIn any other case, a mark must be placed in the list under sub-paragraph (3) identifying the poll to which each postal ballot paper issued relates.5CWhere proceedings on the issue of postal ballot papers are taken together by virtue of regulation 65, the number of each postal ballot paper issued shall be marked on the postal voting statement under paragraph (4).In paragraph (6), for the words from the beginning to “postal ballot papers” substitute “ Where proceedings on the issue and receipt of postal ballot papers are not taken together by virtue of regulation 65 ”.In paragraph (8)—after “paragraph (7)” insert “ in relation to an election or local referendum ”;at the end insert— “ and, in relation to the referendum on the voting system for United Kingdom parliamentary elections, the items specified in paragraph (7) must be sent to the address to which postal ballot papers should be sent as mentioned in column 3 of the table in paragraph 5(2) or 8(6) of Schedule 3 to the Parliamentary Voting System and Constituencies Act 2011. ”
Regulation 73 (refusal to issue postal ballot papers)	For “returning officer” substitute “ relevant returning or counting officer ”.For “election” substitute “ poll ”.
Regulation 74 (envelopes)	In paragraph (1), after “elections rules” insert “ or rule 12 of the referendum rules ”.
Regulation 75 (sealing up of completed corresponding number lists)	In paragraphs (1) and (2), for “returning officer” substitute “ relevant returning or counting officer ”.
Regulation 76 (delivery of postal ballot papers)	In paragraph (1)—for “returning officer” substitute “ relevant returning or counting officer ”;in sub-paragraph (c), after “elections rules” insert “ or rule 14 of the referendum rules ”.In paragraph (2), for “returning officer” substitute “ relevant returning or counting officer ”.
Regulation 77 (spoilt postal ballot papers)	For “returning officer” (in each place) substitute “ relevant returning or counting officer ”.In paragraph (2)(b), for “election” substitute “ poll ”.
Regulation 78 (lost postal ballot papers)	For “returning officer” (in each place) substitute “ relevant returning or counting officer ”.In paragraph (2A)(b), for “election” substitute “ poll ”.
Regulation 79 (alternative means of returning postal ballot paper or postal voting statement)	For “returning officer” (in each place) substitute “ relevant returning or counting officer ”.In paragraph (1), after “1983 Act” insert “ and rule 40(3) of the referendum rules ”.In paragraph (3), after “rule 43(1) of the elections rules” insert “ or rule 38(1) of the referendum rules ”.In paragraph (5), after “polling agents” insert “ or polling observers ”.
Regulation 80 (notice of opening of postal ballot paper envelopes)	In paragraph (1)—for “returning officer” substitute “ relevant returning or counting officer ”;for “each candidate” substitute “ each of the persons mentioned in paragraph (1A) ”.After paragraph (1) insert—1AThe persons are—ain relation to an election, the candidates,bin relation to the referendum on the voting system for United Kingdom parliamentary elections, the referendum agents, andcin relation to a local referendum, the persons mentioned in rule 37(3)(b) to (d) of the rules set out in Schedule 5 to the Local Authorities (Conduct of Referendums) (England) Regulations 2007.In paragraph (2)(b), for “the number of agents a candidate” substitute “ in the case of an election or the referendum on the voting system for United Kingdom parliamentary elections, the number of agents that a candidate or referendum agent ”.
Regulation 81 (postal ballot boxes and receptacles)	For “returning officer” (in each place) substitute “ relevant returning or counting officer ”.For paragraph (2) substitute—2Each of those ballot boxes—ashall be marked “postal voter's ballot box” or “postal ballot box” as appropriate;bshall be marked with the name of each constituency, electoral area or voting area in relation to which it is to be used.In paragraph (3), for “the agents” substitute “ those ”.In paragraph (4), after “lock the ballot box” insert “ (if it has a lock) ”.
Regulation 82 (receipt of covering envelope)	For “returning officer” (in both places) substitute “ relevant returning or counting officer ”.
Regulation 83 (opening of postal voters' ballot box)	In paragraph (1)—for “returning officer” substitute “ relevant returning or counting officer ”;at the end insert “ and (where relevant) the persons mentioned in rule 37(3)(b) to (d) of the rules set out in Schedule 5 to the Local Authorities (Conduct of Referendums) (England) Regulations 2007 ”.In paragraph (2), for “returning officer” substitute “ relevant returning or counting officer ”.In paragraph (3), for “votes under rule 45 of the elections rules” substitute “ ballot papers ”.
Regulation 84 (opening of covering envelopes)	For “returning officer” (in each place) substitute “ relevant returning or counting officer ”.
Regulation 84A (confirming receipt of postal voting statements)	For “returning officer” (in each place) substitute “ relevant returning or counting officer ”.
Regulation 85 (procedure in relation to postal voting statements)	For “returning officer” (in each place) substitute “ relevant returning or counting officer ”.In paragraph (3), after “agents” insert “ or counting observers or both (as the case may be) ”.
Regulation 85A (procedure in relation to postal voting statements: personal identifier verification)	For “returning officer” (in each place) substitute “ relevant returning or counting officer ”.In paragraph (4), after “agents” insert “ or counting observers or both (as the case may be) ”.
Regulation 85B (postal voting statements: additional personal identifier verification)	For “returning officer” (in each place) substitute “ relevant returning or counting officer ”.In paragraph (3)(a) and (c), after “agents” insert “ or counting observers or both (as the case may be) ”.In paragraph (4), for “lock and reseal the postal ballot box in the presence of the agents” substitute “ lock the postal ballot box (if it has a lock) and reseal it in the presence of the agents or counting observers or both (as the case may be) ”.
Regulation 86 (opening of ballot paper envelopes)	In paragraph (1), for “returning officer” substitute “ relevant returning or counting officer ”.
Regulation 86A (retrieval of cancelled postal ballot papers)	In paragraph (1), for “returning officer” substitute “ relevant returning or counting officer ”.In paragraph (2)—in sub-paragraph (b), after “agents” insert “ or counting observers or both (as the case may be) ”;in sub-paragraph (f), for “votes under rule 45 of the elections rules” substitute “ ballot papers ” and after “agents” insert “ or counting observers or both (as the case may be) ”.In paragraph (3), for “returning officer” substitute “ relevant returning or counting officer ”.
Regulation 87 (list of rejected postal ballot papers)	In paragraph (1), for “In respect of any election, the returning officer” substitute “ In respect of each relevant election or referendum, the relevant returning or counting officer ”.
Regulation 88 (checking of lists of rejected postal ballot papers)	For “returning officer” (in each place) substitute “ the relevant returning or counting officer ”.In paragraph (3), at the end insert “ or voting area under rule 38(1) of the referendum rules ”.
Regulation 89 (sealing of receptacles)	In paragraph (1), for “returning officer” substitute “ the relevant returning or counting officer ”.
Regulation 90 (abandoned poll)	In paragraph (2), for “election” substitute “ poll ”.
Regulation 91 (forwarding or retention of documents)	In paragraph (1)—for the words before sub-paragraph (a) substitute “ The relevant returning or counting officer shall forward to the registration officer to whom he forwards the documents mentioned in rule 55 of the elections rules or rule 50 of the referendum rules, at the same time as he forwards those documents ”;in paragraph (a), for the words from “the election to which” to the end substitute “ each relevant election or referendum and the area to which the packet relates ”;at the end insert— “ A separate statement in Form K must be completed for each relevant election or referendum ”.In paragraph (3), for “returning officer” (in both places) substitute “ relevant returning or counting officer ”.In paragraph (4), for “Rules 56 and 57 of the elections rules” substitute “ The rules specified in paragraph (4A) ”.After sub-paragraph (4) insert—4AThe rules are—ain a case where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of regulation 65—irule 51 of the referendum rules and rule 56 of the elections rules, andiirule 52 of the referendum rules;bin any other case—irule 51 of the referendum rules or (as the case may be) rule 56 of the elections rules, andiirule 52 of the referendum rules or (as the case may be) rule 57 of the elections rules.In paragraph (5), for “returning officer” (in both places) substitute “ relevant returning or counting officer ”.
In Schedule 3, Form K	In the case of the form used in relation to the referendum under section 1—for “PARLIAMENTARY ELECTION” substitute “ REFERENDUM ON THE VOTING SYSTEM FOR UNITED KINGDOM PARLIAMENTARY ELECTIONS ”;for “constituency” substitute “ voting area ”;for “returning officer” (in each place) substitute “ counting officer ”.

PART 3 — Forms referred to in Part 1

Note - The forms contained in this Part may be adapted so far as circumstances require.

SCHEDULE 6

PART 1 — Provision about combination

General provisions

Interpretation

1

The polls to be taken together under section 4(2) are referred to in this Schedule as “combined polls”.

2

In this Schedule—

“Assembly election” means—an Assembly constituency election, oran Assembly regional election;

“Assembly constituency election” means an election for the return of an Assembly constituency member (within the meaning of section 1 of the Government of Wales Act 2006);

“Assembly Elections Rules” means the rules set out in Schedule 5 to the Welsh Assembly Order;

“Assembly regional election” means an election for the return of an Assembly regional member (within the meaning of section 1 of the Government of Wales Act 2006);

“constituency returning officer” is to be construed in accordance with Article 18 of the Welsh Assembly Order;

“counting agent” means a counting agent for the referendum or a counting agent for an Assembly election (except where one or other is specified);

“regional returning officer” is to be construed in accordance with Article 18 of the Welsh Assembly Order;

“returning officer” means a person who is a constituency returning officer or a regional returning officer (unless one or the other is specified);

“the Welsh Assembly Order” means the National Assembly for Wales (Representation of the People) Order 2007 (S.I. 2007/236).

Cost of combined polls

3

The cost of taking the combined polls (excluding any cost solely attributable to the referendum or an Assembly election), and any cost attributable to their combination, is to be apportioned equally between—

(a) the referendum, and

(b) the Assembly elections.

4

(1) Articles 23 and 24 of the Welsh Assembly Order (payments by and to returning officer etc) apply—

(a) as if a reference to a returning officer included a reference to a counting officer carrying out functions that, but for this Schedule, would be exercisable by a returning officer (“transferred functions”), and

(b) as if, in relation to that counting officer, a reference to services or expenses were to services rendered or expenses incurred in respect of transferred functions.

(2) An order under article 23(1) of that Order (as it has effect as mentioned above) may include special provision for services rendered or expenses incurred by a counting officer in respect of transferred functions.

Publication of statement of persons nominated

5

(1) The statement of persons nominated at an Assembly election must be published not later than noon on the 15th day before the date of the poll.

(2) The timetable set out in rule 1(1) of the Assembly Elections Rules is to be read with whatever modifications are necessary to give effect to this paragraph.

Forms

6

Forms 2, 3, 4, 6, 7 and 9 in Part 3 of this Schedule are “relevant forms” for the purposes of rule 10 of the referendum rules.

Action to be taken before poll

Corresponding number lists

7

(1) This paragraph applies where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of paragraph 2 of Schedule 3 to the Welsh Assembly Order.

(2) The function of the constituency returning officer under rule 27 of the Assembly Elections Rules is to be carried out by the counting officer.

(3) If the counting officer thinks fit, the lists prepared under the following provisions may be combined in the form set out in Form 1 in Part 3 of this Schedule—

(a) rule 6 of the referendum rules;

(b) rule 27 of the Assembly Elections Rules.

(4) In that case, sub-paragraph (3) applies instead of—

(a) rule 6(2) of the referendum rules;

(b) rule 27(2) of the Assembly Elections Rules.

8

(1) This paragraph applies where proceedings on the issue and receipt of postal ballot papers are not taken together by virtue of paragraph 2 of Schedule 3 to the Welsh Assembly Order.

(2) The counting officer must prepare a list under sub-paragraph (3) or (4) as the officer thinks fit.

(3) A list under this sub-paragraph is a list containing the numbers and other unique identifying marks of all of the ballot papers to be provided to presiding officers in pursuance of rule 37(1) of the Assembly Elections Rules.

(4) A list under this sub-paragraph is a list containing the numbers and other unique identifying marks of all of the ballot papers to be provided to presiding officers in pursuance of the following provisions—

(a) rule 17(1) of the referendum rules;

(b) rule 37(1) of the Assembly Elections Rules.

The list must be in the form set out in Form 1 in Part 3 of this Schedule.

(5) A list prepared under rule 27 of the Assembly Elections Rules must not include details relating to ballot papers in relation to which a list is prepared under sub-paragraph (3) or (4).

(6) A reference in an enactment to a list prepared under rule 27 of the Assembly Elections Rules has effect, in so far as it relates to ballot papers to be provided in pursuance of rule 37(1) of those rules, as a reference to the list prepared under sub-paragraph (3) or (4).

(7) Where the counting officer prepares a list under sub-paragraph (4) in relation to ballot papers—

(a) the list prepared under rule 6 of the referendum rules must not include details relating to those ballot papers;

(b) a reference in an enactment to a list prepared under rule 6 of the referendum rules has effect, in so far as it relates to ballot papers to be provided in pursuance of rule 17(1) of the referendum rules, as a reference to the list prepared under sub-paragraph (4).

Notice of polling stations

9

(1) No later than the time of the publication of the notice of the polls, the counting officer must give public notice of—

(a) the situation of each polling station;

(b) the description of voters entitled to vote there.

(2) The notice must—

(a) state that the polls for the referendum, the Assembly constituency election and the Assembly regional election are to be taken together, and

(b) specify the relevant voting area, constituency and region.

(3) As soon as practicable after giving the notice the counting officer must give a copy of it to—

(a) each of the referendum agents appointed for the officer's area;

(b) each of the election agents for the Assembly elections;

(4) This paragraph applies instead of—

(a) rule 11(3) and (4) of the referendum rules;

(b) rule 32(2) to (4) of the Assembly Elections rules.

Postal voting

10

(1) This paragraph applies where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of paragraph 2 of Schedule 3 to the Welsh Assembly Order.

(2) The functions of the constituency returning officer under rule 33 of the Assembly Elections Rules are to be carried out by the counting officer.

(3) The form of postal voting statement to be issued to those entitled to vote by post in the referendum and in both the Assembly elections must be in the form set out in Form 2 in Part 3 of this Schedule.

(4) Where that form is used, this paragraph applies instead of any requirement in the following provisions for a postal voting statement to be in a particular form.

(5) The provisions are—

(a) rule 12(1)(b) of the referendum rules;

(b) rule 33(1) of the Assembly Elections Rules.

11

(1) This paragraph applies where proceedings on the issue and receipt of postal ballot papers are not taken together by virtue of paragraph 2 of Schedule 3 to the Welsh Assembly Order.

(2) The form of postal voting statement to be issued to those entitled to vote by post in the referendum must be in the form set out in Form 3 in Part 3 of this Schedule.

(3) Sub-paragraph (2) applies instead of the requirement in rule 12(1)(b) of the referendum rules for a postal voting statement to be in a particular form.

(4) The form of postal voting statement to be issued to those entitled to vote in the Assembly elections must be in the form set out in Form 4 in Part 3 of this Schedule.

(5) Sub-paragraph (4) applies instead of the requirement in rule 33(1) of the Assembly Elections Rules for a postal voting statement to be in a particular form.

Polling stations

12

The functions of the constituency returning officer under rule 34 of the Assembly Elections Rules are to be carried out by the counting officer.

13

The referendum polling stations are to be used for the combined polls.

Appointment of presiding officers and clerks

14

The functions of the constituency returning officer under the following paragraphs of rule 35 of the Assembly Elections Rules are to be carried out by the counting officer—

(a) paragraph (1) so far as it relates to the appointment of presiding officers and clerks;

(b) paragraph (3).

Official poll cards

15

(1) If the counting officer thinks fit, the official poll cards used for the referendum and the Assembly elections may be combined.

(2) In that case, the forms required to be used for official poll cards for the referendum and elections must be adapted in whatever manner seems necessary.

Equipment of polling stations

16

The functions of the constituency returning officer under rule 37 of the Assembly Elections Rules are to be carried out by the counting officer.

17

(1) If the counting officer thinks fit, the same ballot box may be used at the polls for the referendum and the Assembly elections.

(2) Where separate ballot boxes are used, each must be clearly marked to show—

(a) the referendum or Assembly election to which it relates, and

(b) the colour of ballot papers that should be placed in it.

(3) This paragraph applies instead of rule 37(2) and (3) of the Assembly Elections Rules.

Colour of ballot papers

18

The ballot papers used for the referendum must be of a different colour from the ballot papers used for the Assembly elections.

Form of corresponding number lists provided to polling stations

19

(1) If the counting officer thinks fit, the lists to be provided under the following provisions may be combined in the form set out in Form 5 in Part 3 of this Schedule—

(a) rule 17(3)(d) of the referendum rules;

(b) rule 37(5)(d) of the Assembly Elections Rules.

(2) In that case, this paragraph applies instead of—

(a) the second sentence in rule 17(3) of the referendum rules;

(b) the requirement in rule 37(5)(d) of the Assembly Elections Rules to use a particular form.

Ballot paper displayed in polling stations

20

(1) The large version of the ballot paper displayed inside the polling station under rule 17(4)(a) of the referendum rules must be of the same colour as the ballot papers to be used for the referendum.

(2) The large version of the ballot paper displayed inside the polling station under rule 37(7)(a) of the Assembly Elections Rules in respect of each Assembly election must be of the same colour as the ballot papers to be used for that election.

Guidance to be exhibited inside and outside polling stations

21

(1) A notice in the form set out in Form 6 in Part 3 of this Schedule, giving directions for the guidance of voters in voting, must be printed in conspicuous characters and exhibited inside and outside every polling station.

(2) This paragraph applies instead of—

(a) rule 17(6) of the referendum rules;

(b) rule 37(14) of the Assembly Elections Rules.

Guidance to be exhibited in each polling station compartment

22

(1) A notice in the form set out in Form 7 in Part 3 of this Schedule, giving directions for the guidance of voters in voting, must be exhibited in every compartment of every polling station.

(2) This paragraph applies instead of—

(a) rule 17(7) of the referendum rules;

(b) rule 37(15) and (16) of the Assembly Elections Rules.

Notice of appointment of polling and counting agents

23

A notice required to be given to a constituency returning officer under rule 38(5), (6) or (7) of the Assembly Elections Rules is to be given to the counting officer.

Notification of requirement of secrecy

24

The functions of the constituency returning officer under rule 39(a) of the Assembly Elections Rules are to be carried out by the counting officer.

Return of postal ballot papers

25

Where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of paragraph 2 of Schedule 3 to the Welsh Assembly Order, the functions of the constituency returning officer under rule 40 of the Assembly Elections Rules are to be carried out by the counting officer.

The poll

Admission to the polling station

26

(1) Rule 21(1) of the referendum rules has effect as if the persons listed there included persons who would be entitled to be admitted to the polling station for an Assembly election if the poll for the election were held on its own.

(2) Rule 41(1) of the Assembly Elections Rules has effect as if the persons listed there included persons who would be entitled to be admitted to the polling station for the referendum if the poll for the referendum were held on its own.

Voting by persons on duty on day of poll

27

(1) Paragraph 2(5) of Schedule 3 has effect as if in the words after paragraph (b) the reference to any polling station were to any polling station in the same voting area as the allotted polling station.

(2) A certificate as to employment on duty on the day of the poll for the referendum must be in the form set out in Form 8 in Part 3 of this Schedule.

(3) Sub-paragraph (2) applies instead of rule 21(4)(b) of the referendum rules.

28

The returning officer's function of signing certificates as to employment under rule 41(5) of the Assembly Elections Rules is to be carried out by the counting officer.

Removal from polling station

29

The constituency returning officer's function under rule 42(2)(b) of the Assembly Elections Rules of authorising someone to remove a person from a polling station is to be carried out by the counting officer.

Voting procedure: copies of registers and lists of proxies

30

(1) If the counting officer thinks fit, the same copy of the register of electors may be used under the following provisions for the purposes of the referendum and the Assembly elections—

(a) rule 28(2) of the referendum rules;

(b) rule 46(1) of the Assembly Elections Rules.

(2) Sub-paragraphs (3) and (4) apply where the same copy of the register is used as mentioned in sub-paragraph (1).

(3) In a case where a ballot paper is delivered at the same time in respect of the referendum, the Assembly constituency election and the Assembly regional election, a single mark must be placed in the register against the number of the elector under—

(a) rule 28(2)(c) of the referendum rules, and

(b) rule 46(1)(c) of the Assembly Elections Rules.

(4) In any other case, a mark must be placed in the register against the number of the elector identifying the poll to which each ballot paper delivered relates.

(5) 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—

(a) references in this paragraph to the copy of the register of electors are to be read as references to the copy of the notice;

(b) references to a mark being placed in the register of electors are to be read as references to a mark being made on the copy of the notice.

(6) Where the same copy of the register is used as mentioned in sub-paragraph (1), this paragraph applies instead of rule 46(6) of the Assembly Elections Rules except so far as it relates to the list of proxies.

31

(1) If the counting officer thinks fit, the counting officer may require the relevant registration officer to produce a combined list of proxies for the referendum and the Assembly elections.

(2) The following provisions apply where the lists are combined and a person applies for a ballot paper as proxy.

(3) Immediately before delivery of the ballot paper the list of proxies must be marked in a way that identifies—

(a) the proxy,

(b) the elector for whom the proxy is applying for the ballot paper, and

(4) Sub-paragraph (3) applies instead of—

(a) rule 28(2)(d) of the referendum rules;

(b) rule 46(1)(d) of the Assembly Elections Rules and rule 46(6) of those rules so far as it relates to the list of proxies.

32

(1) This paragraph applies where proceedings on the issue and receipt of postal ballot papers are taken together by virtue of paragraph 2 of Schedule 3 to the Welsh Assembly Order.

(2) If the counting officer thinks fit, the counting officer may require the relevant registration officer to produce a combined postal voters list and a combined proxy postal voters list for the referendum and the Assembly elections.

List of votes marked by presiding officer

33

(1) If the counting officer thinks fit, a single list of votes marked by the presiding officer may be used for the purposes of the referendum and the Assembly elections.

(2) Where a person's entry in that list does not relate to the referendum, the Assembly constituency election and the Assembly regional election, the entry must—

(a) indicate whether it relates to the referendum, and

(b) identify any election to which it relates.

(3) In this paragraph “list of votes marked by the presiding officer” means a list compiled under—

(a) rule 30(4) of the referendum rules, or

(b) rule 47(2) of the Assembly Elections Rules.

(4) Where a single list is used as mentioned in sub-paragraph (1), this paragraph applies instead of rule 47(5) of the Assembly Elections Rules.

Declaration to be made by the companion of a voter with disabilities

34

(1) A declaration made by the companion of a voter with disabilities must be in the form set out in Form 9 in Part 3 of this Schedule.

(2) In this paragraph “declaration made by the companion of a voter with disabilities” means a declaration made by a companion under—

(a) rule 31 of the referendum rules, or

(b) rule 48 of the Assembly Elections Rules.

(3) This paragraph applies instead of—

(a) rule 31(5)(a) of the referendum rules;

(b) rule 48(7)(a) of the Assembly Elections Rules.

List of voters with disabilities assisted by companions

35

(1) If the counting officer thinks fit, a single list of voters with disabilities assisted by companions may be used for the purposes of the referendum and the Assembly elections.

(2) Where a person's entry in that list does not relate to the referendum, the Assembly constituency election and the Assembly regional election, the entry must—

(a) indicate whether it relates to the referendum, and

(b) identify any election to which it relates.

(3) In this paragraph “list of voters with disabilities assisted by companions” means a list compiled under—

(a) rule 31(8) of the referendum rules, or

(b) rule 48(4) of the Assembly Elections Rules.

(4) Where a single list is used as mentioned in sub-paragraph (1), this paragraph applies instead of rule 48(9) of the Assembly Elections Rules.

Tendered votes list

36

(1) If the counting officer thinks fit, a single tendered votes list may be used for the purposes of the referendum and the Assembly elections.

(2) Where a person's entry in that list does not relate to the referendum, the Assembly constituency election and the Assembly regional election, the entry must—

(a) indicate whether it relates to the referendum, and

(b) identify any election to which it relates.

(3) In this paragraph “tendered votes list” means a list compiled under—

(a) rule 33(7) of the referendum rules, or

(b) rule 49(8) of the Assembly Elections Rules

(4) Where a single list is used as mentioned in sub-paragraph (1), this paragraph applies instead of rule 49(12) of the Assembly Elections Rules.

Lists relating to correction of errors on day of poll

37

(1) If the counting officer thinks fit, a single list of persons to whom ballot papers are delivered in consequence of late alterations to the register may be used for the purposes of the referendum and the Assembly elections.

(2) Where a person's entry in that list does not relate to the referendum, the Assembly constituency election and the Assembly regional election, the entry must—

(a) indicate whether it relates to the referendum, and

(b) identify any election to which it relates.

(3) In this paragraph “list of persons to whom ballot papers are delivered in consequence of late alterations to the register” means a list compiled under—

(a) rule 36 of the referendum rules, or

(b) rule 51 of the Assembly Elections Rules.

Notice of adjournment in case of riot

38

Rule 52(1) of the Assembly Elections Rules has effect as if references to the constituency returning officer were to the counting officer.

Procedure on close of poll

39

(1) In rule 38(1) of the referendum rules the reference to polling agents includes a reference to polling agents appointed for the purposes of an Assembly election.

(2) In rule 53(1) of the Assembly Elections Rules the reference to polling agents includes a reference to polling agents appointed for the purposes of the referendum.

40

(1) A packet made up under one of the following provisions may not be combined with a packet made up under another of those provisions.

(2) The provisions are—

(a) rule 38(1)(b), (c) or (f) of the referendum rules;

(b) rule 53(1)(b), (c), (d), (e) or (h) of the Assembly Elections Rules.

41

The ballot paper accounts prepared under rule 38(6) of the referendum rules and rule 53(4) of the Assembly Elections Rules may not be combined.

42

In rule 53(3) of the Assembly Elections Rules references to a constituency returning officer are to be read as references to the counting officer.

Counting of votes

Attendance and arrangements for counting

43

(1) The counting officer must make arrangements for counting the ballot papers and carrying out the other functions conferred by paragraph 47 in the presence of the counting agents.

(2) The counting officer must give the counting agents and the regional returning officer notice in writing of the time and place at which the proceedings under paragraph 47 will begin.

(3) A person may be present at the proceedings under paragraph 47 only if—

(a) the person is entitled to be present at the counting of the votes for the referendum or an Assembly election, or

(b) the person is permitted by the counting officer to attend.

(4) The counting officer may give a person permission under sub-paragraph (3)(b) only if—

(a) the officer is satisfied that the person's attendance will not impede the efficient conduct of the proceedings, and

(b) the officer has consulted the referendum agents and election agents or thought it impracticable to do so.

(5) The counting officer must give the counting agents—

(a) whatever reasonable facilities for overseeing the proceedings, and

(b) whatever information with respect to the proceedings,

the officer can give them consistently with the orderly conduct of the proceedings and the discharge of the officer's duties.

44

Rule 39(1) of the referendum rules (arrangements for the counting of votes in the referendum) has effect with the omission of the words “after the close of the poll”.

45

(1) The constituency returning officer must make arrangements for counting the votes for the Assembly elections in the presence of the counting agents for the election as soon as practicable after receiving the ballot papers from the counting officer under paragraph 48.

(2) The constituency returning officer must give the counting agents for the Assembly elections and the regional returning officer notice in writing of the time and place at which the counting of the votes for the elections will begin.

(3) A person may be present at the counting of the votes for an Assembly election only if—

(a) the person is permitted by the returning officer to attend, or

(b) the person would be entitled to be present at the counting of votes for the Assembly election if it were taken on its own.

(4) The constituency returning officer may give a person permission under sub-paragraph (3)(a) only if—

(a) the officer is satisfied that the person's attendance will not impede the efficient counting of the votes, and

(b) the officer has consulted the election agents or thought it impracticable to do so.

(5) The constituency returning officer must give the counting agents for the Assembly elections—

(a) whatever reasonable facilities for overseeing the proceedings, and

(b) whatever information with respect to the proceedings,

the officer can give them consistently with the orderly conduct of the proceedings and the discharge of the officer's duties.

(6) In particular, where the votes are counted by sorting the ballot papers into lots according to the votes marked on them and then counting the number of ballot papers in each lot, the counting agents for an Assembly election are entitled to satisfy themselves that the ballot papers are correctly sorted.

46

Paragraphs 43 and 45 apply instead of rule 54 of the Assembly Elections Rules.

Counting and separation of ballot papers by counting officer

47

(1) As soon as practicable after the close of the poll the counting officer must—

(a) in the presence of the counting agents, open each ballot box and count and record separately the number of ballot papers relating to the referendum, the Assembly constituency election and the Assembly regional election;

(b) where proceedings on the issue and receipt of postal ballot papers for the referendum and the Assembly elections are taken together by virtue of paragraph 2 of Schedule 3 to the Welsh Assembly Order, count the postal ballot papers that have been duly returned for the referendum, the Assembly constituency election and the Assembly regional election and record separately the number relating to each;

(c) where proceedings on the issue and receipt of postal ballot papers for the referendum and the Assembly elections are not taken together by virtue of paragraph 2 of Schedule 3 to the Welsh Assembly Order, count the postal ballot papers that have been duly returned for the referendum and record the number;

(d) separate the ballot papers relating to the referendum, the Assembly constituency election and the Assembly regional election.

(2) The counting officer must not count any tendered ballot papers.

(3) The counting officer, while counting and recording the number of ballot papers, must—

(a) keep the ballot papers with their faces upwards, and

(b) take all proper precautions for preventing anyone from seeing the numbers or other unique identifying marks printed on the back of the papers.

(4) The counting officer must, in the presence of the referendum agents and the election agents for the Assembly elections—

(a) verify each ballot paper account by comparing it with the number of ballot papers recorded by the officer, and the unused and spoilt ballot papers in the officer's possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list);

(b) draw up a separate statement as to the result of the verification in relation to each poll.

(5) An election agent for an Assembly election may copy the statement relating to that Assembly election.

(6) A counting agent for the referendum present at the verification may copy the statement relating to the referendum.

(7) Once the statement relating to the referendum is drawn up, the counting officer must—

(a) in the case of a voting area in a region for which a Regional Counting Officer is appointed, inform the Regional Counting Officer of the contents of the statement;

(b) in the case of any other voting area, inform the Chief Counting Officer of the contents of the statement.

(8) Rule 40 of the referendum rules does not apply.

Delivery of ballot papers etc to returning officers

48

(1) The counting officer must deliver or cause to be delivered to the constituency returning officer the ballot papers for the Assembly elections.

(2) The counting officer must also deliver or cause to be delivered to the constituency returning officer—

(a) the ballot paper accounts and the statement as to the result of the verification of the ballot paper accounts for the Assembly elections;

(b) the packets of unused and spoilt ballot papers for the Assembly elections;

(d) the packets of certificates as to employment on duty on the day of the poll for the Assembly elections.

(3) If the counting officer has not begun to count the votes given on the referendum ballot papers by the time the statements as to the result of the verification of the ballot paper accounts in relation to all the polls are prepared—

(a) those ballot papers must be sealed into packets, each of which must be endorsed with a description of its contents, and

(b) the packets may not be opened until the counting officer begins dealing with the ballot papers in those packets under paragraph 49(1).

(4) If, in respect of an Assembly constituency election or an Assembly regional election, none of the ballot papers have been delivered under sub-paragraph (1) by the time the statements as to the result of the verification of the ballot paper accounts in relation to all the polls are prepared—

(a) the ballot papers for that election must be sealed into packets, each of which must be endorsed with a description of its contents, and

(b) the packets may not be opened until the constituency returning officer begins dealing with the ballot papers in those packets under paragraph 49(3).

Counting of votes

49

(1) The counting officer must count the votes given on the ballot papers for the referendum, but must not do so until—

(a) in the case of postal ballot papers, they have been mixed with the ballot papers from at least one ballot box;

(b) in the case of ballot papers from a ballot box, they have been mixed with the ballot papers from at least one other ballot box.

(2) Where proceedings on the issue and receipt of postal ballot papers for the Assembly elections are not taken together with those for the referendum, the constituency returning officer must count the postal ballot papers that have been duly returned for the Assembly constituency election and the Assembly regional election and record separately the number relating to each.

(3) The constituency returning officer must count the votes given on the ballot papers for each Assembly election, but must not do so until—

(a) in the case of postal ballot papers, they have been mixed with the ballot papers from at least one ballot box;

(b) in the case of ballot papers from a ballot box, they have been mixed with the ballot papers from at least one other ballot box.

(4) The counting or constituency returning officer, while counting the votes, must—

(a) keep the ballot papers with their faces upwards, and

(b) take all proper precautions for preventing anyone from seeing the numbers or other unique identifying marks printed on the back of the papers.

(5) The counting or constituency returning officer must so far as practicable proceed continuously with the counting of votes, allowing only time for refreshment, except that—

(a) the officer may exclude the whole or any part of the period between 7 pm and 9 am on the next day;

(b) the officer may exclude a day mentioned in rule 2(1) of the referendum rules.

(6) During the time so excluded the counting or constituency returning officer must—

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