Legalize / United Kingdom / Statutory-Instrument

The Greater London Authority Elections Rules 2007

Type Statutory-Instrument

Publication 2007-12-17

Last updated 2024-12-26

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

(15) 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 will not, if the act or thing is otherwise duly done, invalidate the act or thing done.

(16) Where the CRO does not discharge the functions specified in regulation 5 of the Combination of Polls Regulations, then notices of the appointment of polling agents and counting agents which are required by this rule to be given to the CRO shall be given to the returning officer who discharges those functions.

Notification of requirement of secrecy

32

(1) The CRO must make such arrangements as he thinks fit to ensure that—

(a) every person attending at a polling station (otherwise than for the purpose of voting or assisting a voter with disabilities to vote or as a constable on duty there) has been given a copy of the provisions of subsections (1), (3) and (6) of section 66 (requirement of secrecy) of the Representation of the People Act 1983 , and

(b) every person attending at the counting of the votes (other than any constable on duty at the counting) has been given a copy of the provisions of subsections (2) and (6) of that section.

(2) In paragraph (1) a reference to a constable includes a person designated as a community support officer under section 38 of the 2002 Act (police powers for employees).

Return of postal ballot papers

33

(1) Where—

(a) a postal vote has been returned in respect of a person who is entered on the postal voters list, or

(b) a proxy postal vote has been returned in respect of a proxy who is entered on the proxy postal voters list,

the CRO must mark the list in the manner prescribed by regulations made under the 1983 Act .

(2) Rule 50(5) does not apply for the purpose of determining whether, for the purposes of this rule, a postal vote or a proxy postal vote is returned.

Admission to polling station

34

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

(a) voters,

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

(ba) persons aged 18 or over returning a postal ballot paper or postal voting statement by hand in accordance with rule 50(6)(b);

(d) the polling agents appointed to attend at the polling station,

(e) the clerks appointed to attend at the polling station,

(f) persons who are entitled to attend by virtue of any of sections 6A to 6D of the 2000 Act,

(g) the constables on duty,

(h) the companions of voters with disabilities, and

(i) persons entitled to be admitted to the polling station at a relevant election or referendum.

(2) The presiding officer must 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 may be admitted at the same time to a polling station on behalf of the same party or individual candidate.

(4) A constable or person employed by the CRO must not be admitted to vote in person elsewhere than at his own polling station allotted to him under these Rules, except on production and surrender of a certificate as to his employment which must be in the appropriate form and signed by an officer of the police of or above the rank of inspector or by the CRO, as the case may be.

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

(6) In this rule a reference to a constable includes a person designated as a community support officer under section 38 of the 2002 Act.

Keeping of order in station

35

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

(2) If a person misconducts himself in a polling station, or fails to obey the presiding officer's lawful orders, he 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 CRO to remove him,

and the person so removed must not, without the presiding officer's permission, again enter the polling station during the 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 must 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

36

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

(a) show each ballot box, empty, to such persons, if any, as are present in the polling station, so that they may see that the boxes are empty,

(b) lock up such of the boxes as have locks,

(i) on each lock, and

(ii) on each ballot box which has no lock,

in such a manner as to prevent its being opened without breaking the seal,

(d) place each box in his view for the receipt of ballot papers, and

(e) keep each box locked and sealed or, as the case may be, sealed.

Questions to be put to voters

37

(1) At the time of the application (but not afterwards), the questions specified in the second column of the following table—

(a) may be put by the presiding officer to a person who is mentioned in the first column, and

(b) must be put if (where applicable) the person has answered the previous question in the manner indicated, and the letter “R” appears after the question and the candidate or his election or polling agent requires the question to be put.

Q. No.	Person applying for ballot paper	Question
1	A person applying as an elector	(za)—“What is your name?”(zb)—“What is your address?”(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)?R—Have you already voted, here or elsewhere in Greater London at this election for London members, otherwise than as proxy for some other person? [R]
2	A person applying as proxy	(za)—“What is your name?”(zb)—“What is your address?”(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.? R—Have you already voted here or elsewhere in Greater London at this election for London members, as proxy on behalf of C.D.? [R] (c)—Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R] (d)—If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” R—If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” R—If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]
3	A person applying as proxy for an elector with an anonymous entry (instead of the questions at entry 2)	(za)—“What is your name?”(zb)—“What is your address?”(a)—Are you the person entitled to vote as proxy on behalf of the elector whose number on the register of electors is (read out the number)? R—Have you already voted here or elsewhere in Greater London as proxy on behalf of the elector whose number on the register of electors is (read out the number)? [R] (c)—Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of four or more electors? [R] (d)—If the person answers question (c) in the negative: “Disregarding any parliamentary election or police and crime commissioner election, have you already voted as proxy at this election or any other election or referendum for which the day of poll is today, whether here or elsewhere in this electoral area or anywhere else in England, on behalf of two or more electors?” R—If the person answers question (d) in the affirmative: “Were two or more of the electors on whose behalf you have voted in this election, or any other election or referendum for which the day of poll is today, registered in a register of electors otherwise than in pursuance of a service declaration?” R—If the person answers question (e) in the affirmative: “Is the elector (or are the electors) for whom you are voting today registered in a register of electors otherwise than in pursuance of a service declaration?” [R]
. . .	. . .	. . .
5	A person applying as an elector in relation to whom there is an entry in the postal voters list	(za)—“What is your name?”(zb)—“What is your address?”(a)—Did you apply to vote by post?(b)—Why have you not voted by post?
6	A person applying as proxy who is named in the proxy postal voters list	(za)—“What is your name?”(zb)—“What is your address?”(a)—Did you apply to vote by post as proxy?(b)—Why have you not voted by post as proxy?

(2) 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) and (b) to reading from the register must be taken as references to reading from the notice issued under those subsections.

(2A) Where a clerk—

(a) gives a person the required information (see paragraph (5)),

(b) puts a question specified in paragraph (1) to the person, and

the clerk must refer the matter to the presiding officer, who must put the question to the person again.

(3) Where the presiding officer—

(a) gives a person the required information,

(b) puts a question specified in paragraph (1) to the person (whether or not following a referral under paragraph (2A)), and

the officer must refuse to deliver a ballot paper to the person (and see rule 43A (procedure where ballot paper is refused under this paragraph)).

(3A) For the purposes of the rule, a person answers the question “What is your name?” or “What is your address?” satisfactorily if—

(a) where one of those questions is put, the answer matches a name or address (as the case may be) in the register;

(b) where both those questions are put, the answers match a name and address in that register that relate to the same person.

(3B) 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 to the register in paragraph (3A) are to be read as references to the notice issued under section 13B(3B) or (3D).

(4) Except as authorised by this rule, no inquiry may be permitted as to the right of any person to vote (and for the purposes of this paragraph, an inquiry relating to the production of identification by a voter is not to be regarded as an inquiry as to the right of the person to vote).

(5) For the purposes of this rule, a person to whom any question is to be put is given “the required information” if the person is first informed that—

(a) a ballot paper will be refused if the person fails to answer each question satisfactorily, and

(b) giving false information may be an offence.

Challenge of voter

38

A person must not be prevented from voting because—

(a) a candidate or his election or polling agent declares that he has reasonable cause to believe that the person has committed an offence of personation, or

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

Voting procedure

39

(1) Subject to rule 37(3) and to paragraphs (1A) to (1M), a ballot paper must be delivered to a voter who applies for one, and immediately before delivery—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the number of the elector must be marked on the list mentioned in rule 29(3)(e) beside the number of the ballot paper to be issued to him,

(c) a mark must be placed in the register of electors against the number of the elector to note that a ballot paper has been applied for but without showing the particular ballot paper which may be delivered,

(d) in the case of a person applying for a ballot paper as proxy, a mark must also be placed against his name in the list of proxies.

(1A) A ballot paper must not be delivered to a voter unless the voter produces a specified document to the presiding officer or a clerk.

(1B) The presiding officer or clerk must arrange for the voter to produce any document in a private area of the polling station if the voter so requests, and, in such a case, must ensure that no other persons witness the production except as permitted by the voter.

(1C) Paragraph (1D) applies in relation to a voter where—

(a) the voter produces a specified document to a clerk and the clerk decides that the document raises a reasonable doubt as to whether the voter is the elector or proxy that the voter claims to be, or

(b) the voter produces a document to a clerk that the clerk reasonably suspects to be a forged document.

(1D) Where this paragraph applies, the clerk must refer the matter and produce the document to the presiding officer, who must proceed as if the voter had produced the document to the presiding officer in the first place.

(1E) The presiding officer must refuse to deliver a ballot paper to a voter where—

(a) the voter produces a specified document to the officer and the officer decides that the document raises a reasonable doubt as to whether the voter is the elector or proxy that the voter claims to be, or

(b) the voter produces a document to the officer that the officer reasonably suspects to be a forged document.

(1F) Paragraph (1E)(a) does not apply where—

(a) a discrepancy between the name of the holder of a specified document and the name of the elector or proxy that the voter claims to be is resolved to the presiding officer’s satisfaction at the time of the application by the voter producing further proof of identity, and

(b) the presiding officer has no other reason (arising from any document produced by the voter) to doubt that the voter is the elector or proxy that the voter claims to be.

(1G) The refusal to deliver a ballot paper to a voter under paragraph (1E) does not prevent the voter making a further application under paragraph (1), and paragraphs (1A) to (1F) apply on any further application.

(1H) In this rule, a “forged document” means a false document made to resemble a specified document.

(1I) In this rule, a “specified document”—

(a) except in the case of a voter who has an anonymous entry in the register of electors, means a document which for the time being falls within the list specified in rule 37(1H) of the parliamentary election rules;

(b) in the case of a voter who has an anonymous entry in the register of electors, means an anonymous elector’s document which—

(i) was issued by the registration officer for the local authority in whose area the election is held, and

(ii) contains the number—

(aa) allocated to the voter as stated in the copy of the register of electors, or

(bb) where an entry relating to the voter is added to the register in pursuance of a notice issued under section 13B(3B) or (3D) of the 1983 Act, as stated in the copy of that notice.

(1J) Subject to paragraph (1K), a reference in this rule to a document that is a specified document is a reference to the document regardless of any expiry date relating to it.

(1K) Paragraph (1J) does not apply to a temporary electoral identity document where the date of the poll for the election is after the date for which the document is issued.

(1L) No person other than the presiding officer or a clerk may inspect a document produced as proof of a voter’s identity, except as permitted by the voter.

(1M) References in this rule to producing a document are to producing it for inspection.

(2) In the case of an elector who has an anonymous entry, he must show the presiding officer his official poll card ....

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in sub-paragraph (c), for “in 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, must forthwith proceed into one of the compartments in the polling station and there secretly mark his paper, and must then show to the presiding officer the back of the paper, so as to disclose the number and other unique identifying mark, and put the ballot paper into the ballot box in the presiding officer's presence, but so as to conceal his vote.

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

(6) A voter who has had a ballot paper delivered to him under paragraph (1), but has decided not to mark it, may return it to the presiding officer and where the voter does so, the presiding officer must—

(a) immediately cancel the ballot paper, and for the purposes of these rules treat it as a spoilt ballot paper,

(b) place a mark beside the number of that ballot paper on the corresponding number list to show that the ballot paper has been cancelled.

(7) The same copy of—

(a) the list of proxies,

(b) the register of electors,

(c) any notice issued under section 13B(3B) or (3D) of the 1983 Act (marked in the case of an elector who is added to the register in pursuance of such a notice),

may be used for the election and each relevant election and referendum and one mark may be placed in the list, register or notice (as the case may be) to denote that a ballot paper has been delivered in respect of each election and referendum; except that, where a ballot paper has not been issued in respect of any election or referendum, a different mark must be placed in the list, register or notice so as to identify the election or referendum in respect of which a ballot paper was issued.

(8) At an ordinary election, the same copy of the list mentioned in rule 29(3)(e), may be used for each Authority election and one mark may be placed in the list, to denote that a ballot paper has been delivered in respect of each Authority election; except that, where a ballot paper has not been issued in respect of any Authority election, a different mark must be placed in the list, so as to identify the elections in respect of which a ballot paper was issued.

(9) A voter who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting must (despite the close of the poll) be entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter accordingly.

Votes marked by presiding officer

40

(1) Subject to paragraph (1A), the presiding officer, on the application of a voter—

(a) who is incapacitated by blindness or other disability from voting in the manner directed by these Rules, or

(b) who declares orally that he is unable to read,

must, 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.

(1A) Paragraphs (1A) to (1M) of rule 39 apply in the case of a voter who applies under paragraph (1) of this rule as those paragraphs apply in the case of a voter who applies under rule 39(1), but as if—

(a) references to delivering a ballot paper to a voter were to causing a voter’s vote to be marked on a ballot paper, and

(b) in rule 39(1G), the reference to paragraph (1) of rule 39 were to paragraph (1) of this rule.

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

(4) The same list may be used for each relevant election or referendum, and where it is so used, an entry in that list must be taken to mean that the ballot papers were so marked in respect of each election or referendum, unless the list identifies the election or referendum at which the ballot paper was so marked.

Voting by persons with disabilities

41

(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 he is accompanied (in these Rules referred to as “the companion”), the presiding officer must require the voter to declare, orally or in writing, whether he is so incapacitated by his blindness or other disability, or by his inability to read, as to be unable to vote without assistance.

(2) Subject to paragraph (2A), if the presiding officer—

(a) is satisfied that the voter is so incapacitated, and

(b) is also satisfied by a written declaration made by the companion (in these Rules referred to as “the declaration made by the companion of a voter with disabilities”) that the companion—

(i) is a qualified person within the meaning of these Rules, and

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

the presiding officer must 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 his vote may be done to, or with the assistance of, the companion.

(2A) Paragraphs (1A) to (1M) of rule 39 apply in the case of a voter who applies under paragraph (1) of this rule as those paragraphs apply in the case of a voter who applies under rule 39(1), but as if—

(a) references to delivering a ballot paper to a voter were to granting a voter’s application, and

(b) in rule 39(1G), the reference to paragraph (1) of rule 39 were to paragraph (1) of this rule.

(3) For the purpose of these Rules, a person is a voter with disabilities if he has made such a declaration as is mentioned in paragraph (1) above, and a person may be qualified to assist a voter with disabilities to vote if that person is aged 18 or over.

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

(5) 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 (4) applies as if for “in 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”.

(6) The declaration made by the companion—

(a) must be in the appropriate form,

(b) must be made before the presiding officer at the time when the voter applies to vote with the assistance of a companion, and

(7) No fee or other payment may be charged in respect of the declaration.

(8) The same list of voters with disabilities assisted by companions may be used for each relevant election or referendum, and where it is so used, an entry in that list must be taken to mean that the votes were so given in respect of each election or referendum, unless the list identifies the election or referendum for which the vote was so given.

Tendered ballot papers: circumstances where available

42

(1) If a person, representing himself to be—

(a) a particular elector named in the register and not named in the absent voters list, 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,

applies for a ballot paper after another person has voted in person either as the elector or his proxy, the applicant must, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this rule and rule 43, to mark a ballot paper (in these Rules referred to as “a tendered ballot paper”) in the same manner as any other voter.

(2) Paragraph (4) applies if—

(a) a person applies for a ballot paper representing himself to be a particular elector named in the register,

(b) he is also named in the postal voters list, and

(3) Paragraph (4) also applies if—

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

(b) he is also named in the proxy postal voters list, and

(4) The person must, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this rule and rule 43, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other voter.

(5) Paragraph (6) 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 himself to be—

(a) a particular elector named in the register 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 that he has lost or has not received his postal ballot paper.

(6) The person must, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the provisions of this rule and rule 43, to mark a ballot paper (in these Rules referred to as a “tendered ballot paper”) in the same manner as any other voter.

(7) Paragraphs (1A) to (1M) of rule 39 apply in the case of a person who seeks to mark a tendered ballot paper under this rule as they apply in the case of a voter who applies for a ballot paper under rule 39(1), but as if, in rule 39(1G) the reference to making a further application under paragraph (1) of rule 39 were to seeking a further time to mark a tendered ballot paper under the paragraph of this rule under which the first such attempt was made.

Tendered ballot papers: general provisions

43

(1) A tendered ballot paper must—

(a) be of a colour differing from the other ballot papers,

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

(2) The name of the voter and his number on the register of electors must be entered on a list (in these Rules referred to as the “tendered votes list”).

(3) 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 must be the number of that elector.

(4) In the case of an elector who has an anonymous entry, this rule and rule 42 apply subject to the following modifications—

(a) in paragraphs (1)(b) and (2) above, the references to the name of the voter must be ignored,

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

(5) 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, this rule and rule 42 apply as if—

(a) in rule 42(1)(a), (2)(a) and (5)(a), for “named in the register” there were substituted “in respect of whom a notice under section 13B(3B) or (3D) of the 1983 Act has been issued”,

(b) in paragraph (1)(b) of this rule for “his number in the register of electors” there were substituted “the number relating to him on a notice issued under section 13B(3B) or (3D) of the 1983 Act”,

(c) in paragraph (2) of this rule, for “his number in the register of electors” there were substituted “the number relating to him on a notice issued under section 13B(3B) or (3D) of the 1983 Act”.

(6) The same list may be used for each relevant election or referendum, and where it is so used, an entry in that list must be taken to mean that tendered ballot papers were marked in respect of each election or referendum, unless the list identifies the election or referendum at which a tendered ballot paper was marked.

Spoilt and replacement ballot papers

44

(1) A voter who has inadvertently dealt with his 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 his satisfaction the fact of the inadvertence, obtain a replacement for the ballot paper so delivered (in these Rules referred to as “a spoilt ballot paper”), and the spoilt ballot paper must be immediately cancelled.

(2) If a voter decides, after he has returned his ballot paper and it has been cancelled in accordance with rule 39(6), but before the close of the poll, that he wishes to vote in the election, he may obtain a replacement for the returned ballot paper.

(3) Before a replacement ballot paper is obtained, the presiding officer must mark the corresponding number list that was marked under rule 39(1) (the corresponding number list)—

(a) in the case of a ballot paper being replaced under paragraph (1) or (2), beside the number of the replacement ballot paper obtained to show—

(i) the number of the elector, and

(ii) the number of the ballot paper which is being replaced; and

(b) in the case of a ballot paper being replaced under paragraph (1), beside the number of the spoilt ballot paper to show that the ballot paper was replaced.

(4) Where the election is taken with a relevant election or referendum the voter must only receive a replacement for a spoilt or returned ballot paper.

(5) If the same corresponding number list is used for more than one Authority election in accordance with rule 39(8)—

(a) the marks made under paragraph (3) must identify the election for which a ballot paper has been replaced, and

(b) any ballot paper which the voter has not applied for or obtained as a replacement, but which bears the same ballot paper number as a ballot paper delivered under rule 39(1), or obtained under paragraph (1) or (2) of this rule—

(i) must not be delivered to the voter,

(ii) must be cancelled, and

(iii) for the purposes of these rules, must be treated as a spoilt ballot paper.

Correction of errors on day of poll

45

(1) The presiding officer must 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 which takes effect on the day of the poll.

(2) The same list may be used for each relevant election or referendum, and where it is so used, an entry in that list must be taken to mean that ballot papers were delivered in respect of each election or referendum, unless the list identifies the election or referendum at which a tendered ballot paper was marked.

Adjournment of poll in case of riot

46

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

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

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

(b) references in these Rules to the close of the poll must be construed accordingly.

(3) As soon as practicable after being informed of the adjournment of a poll, the CRO must inform the GLRO of that fact and of the cause of its adjournment.

(4) If the CRO does not discharge the functions specified in regulation 5 of the Combination of Polls Regulations, then references in this rule to the CRO must be read as references to the returning officer who discharges those functions.

Procedure on close of poll

47

(1) As soon as practicable after the close of the poll, the presiding officer must, in the presence of the polling agents appointed for the purposes of the election and each relevant election or referendum, make up into separate packets, sealed with his own seal and the seals of such polling agents as desire to affix their seals—

(a) each ballot box in use at the station, sealed so as to prevent the introduction of additional ballot papers and unopened, but with the key attached,

(b) the unused and spoilt ballot papers placed together,

(d) the marked copies of the register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and of the list of proxies,

(da) the ballot paper refusal list completed in accordance with rule 43A,

(e) the list prepared under rule 19, including the part completed in accordance with rule 39(1)(b) (together referred to in these Rules as “the completed corresponding number list”),

(f) the certificates as to employment on duty on the day of the poll,

(g) the tendered votes list, the list of voters with disabilities assisted by companions, the list of votes marked by the presiding officer, a statement of the number of voters whose votes are so marked by the presiding officer under the heads “disability” and “unable to read”, the list maintained under rule 45, and the declarations made by the companions of voters with disabilities,

and must deliver the packets or cause them to be delivered to the CRO to be taken charge of by him; but if the packets are not delivered by the presiding officer personally to the CRO, the arrangements for their delivery must be approved by the CRO.

(2) The contents of the packets referred to in paragraph (1)(b), (c) and (f) must not be combined with the contents of the packets made under the corresponding rule that applies at any other relevant election or referendum except for an Authority election.

(3) The marked copies of the register of electors and of the list of proxies must be in one packet but must not be in the same packet as the completed corresponding number list or the certificates as to employment on duty on the day of the poll.

(4) The packets must be accompanied by a statement (“ballot paper account”) showing the number of ballot papers entrusted to the presiding officer, and accounting for them under the heads—

(a) ballot papers issued and not otherwise accounted for,

(b) unused ballot papers,

(d) tendered ballot papers.

(5) The statement referred to in paragraph (4) may be combined with the statements produced in relation to any other Authority election, but not with those for a relevant election or referendum, and the combined statement must be arranged in such manner as the GLRO may direct.

(6) Where the CRO does not discharge the functions specified in regulation 5 of the Combination of Polls Regulations, references in paragraph (1) to the CRO must be taken as references to the returning officer who discharges those functions.

Attendance at verification and the counting of votes

48

(1) Where the CRO discharges the functions specified in regulation 5 of the Combination of Polls Regulations, he must—

(a) make arrangements for —

(i) carrying out the functions in rule 50(1) (separating ballot papers and verifying ballot paper accounts) at the election in the presence of the counting agents appointed for the purposes of the election and each relevant election and referendum as soon as practicable after the close of the poll, and

(ii) for counting the votes in the presence of the counting agents appointed for the purposes of the election,

(b) give to the counting agents appointed for the purposes of the election and each relevant election and referendum, notice in writing of the time and place at which he will begin carrying out the functions in rule 50(1).

(2) Where the CRO does not discharge the functions specified in regulation 5 of the Combination of Polls Regulations he must make arrangements for counting the votes in the presence of the counting agents appointed for the purposes of the election as soon as practicable after the delivery of the ballot papers to him by the returning officer who does discharge those functions; and the CRO must give to the counting agents for the election notice in writing of the time and place at which he will begin to count the votes.

(3) No person other than a person entitled to be present at the counting of the votes at the election and at each relevant election or referendum may be present at the proceedings under rule 50(1) (separating ballot papers and verifying ballot paper accounts) unless permitted by the CRO to attend.

(4) No person other than—

(a) the CRO and his clerks and technical assistants,

(b) the GLRO,

(d) the election agents,

(e) the counting agents,

(f) persons who are entitled to attend by virtue of any of sections 6A to 6D of the 2000 Act,

may be present at the counting of the votes in accordance with rule 50(2) to (14), unless permitted by the CRO to attend

(5) A person not entitled to attend at the separation and verification or the counting of the votes must not be permitted to do so by the CRO unless the CRO—

(a) is satisfied that the efficient separation and verification of the ballot paper accounts or, as the case may be, the efficient counting of the votes will not be impeded, and

(b) has either consulted the candidates or thought it impracticable to do so.

(6) The CRO must give the counting agents all such reasonable facilities for overseeing the proceedings, and all such information with respect to them, as he can give them consistently with the orderly conduct of the proceedings and the discharge of his duties in connection with them.

Use of the electronic counting system

49

(1) The GLRO may provide the CRO with an electronic counting system consisting of computer hardware, software and other equipment or services, for the purpose of counting the number of ballot papers, to verify the ballot paper accounts and to count the votes cast on them.

(2) Any verification of ballot paper accounts, count or re-count at the election conducted using the electronic counting system must be conducted in accordance with rule 50.

(3) If the GLRO has provided the CRO with an electronic counting system for use at the election, the CRO must obtain the prior written consent of the GLRO before he may conduct the verification of ballot paper accounts or count the votes manually.

(4) If the verification of ballot paper accounts, count or re-count has commenced using the electronic counting system but has not been completed, the CRO may, if he considers it appropriate, discontinue the count and instead count the votes manually.

(5) Where the count or a re-count has been conducted using the electronic counting system, the CRO may, if he considers it appropriate, conduct any re-count without using that system.

(6) Where verification or any count or re-count is conducted using the electronic counting system, any of the steps referred to rule 50, in so far as practicable, may be undertaken—

(a) concurrently with any other of those steps, or

(b) in a different order.

Verification and the local count

50

(1) Where the CRO discharges the functions specified in regulation 5 of the Combination of Polls Regulations, he must—

(a) in the presence of the counting agents appointed for the purposes of the election and each relevant election or referendum, open each ballot box from each polling station together, and record separately the number of ballot papers used in the election and each relevant election or referendum with which is it is taken,

(b) in the presence of the counting agents appointed for the purposes of the election and each relevant election or referendum, verify each ballot paper account at the election and for each relevant election or referendum,

(c) count such of the postal ballot papers as have been duly returned and record separately the number counted at the election and each relevant election or referendum,

(d) where the same ballot boxes have been used for the election and each relevant election or referendum, separate the ballot papers for all of the Authority elections from those for any other relevant election or referendum.

(e) make up into packets the ballot papers for each relevant election or referendum (not including those for any Authority election) and seal them up in separate containers endorsing on each a description of the area to which the ballot papers relate,

(f) deliver or cause to be delivered to the returning officer for the relevant election or referendum to which the ballot papers relate—

(i) those containers, together with a list of them and of the contents of each, and

(ii) the ballot paper accounts together with a copy of the statement as to the result of their verification in respect of that relevant election or referendum, and

(g) at the same time deliver to that officer the packets that so relate containing–

(i) the unused and spoilt ballot papers,

(ii) the tendered ballot papers, and

(iii) the completed corresponding number lists of the used ballot papers and the certificates as to employment on duty on the day of the poll.

(2) Where the CRO does not discharge the functions specified in regulation 5 of the Combination of Polls Regulations, and the votes on the ballot papers are not to be counted concurrently with the votes on the ballot papers at a relevant election or referendum, he must—

(a) on receipt of the containers of ballot papers from the returning officer who does discharge those functions, and after the time specified in the notice given by him in writing to the counting agents under rule 48(2), open each container in the presence of the counting agents;

(b) where the proceedings on the issue and receipt of postal ballot papers at the election are not taken together with those proceedings at a relevant election or referendum under regulation 65 of the Representation of the People (England and Wales) Regulations 2001 , or under that regulation as applied by regulations made under sections 44 and 105, or 45 and 105, of the Local Government Act 2000 , count such of the postal ballot papers as have been duly returned and record the number counted,

and paragraph (10) below does not apply to these proceedings.

(3) Where separate ballot boxes are used for the ballots at the election and each relevant election and referendum, no vote for any candidate shall be rendered invalid by the ballot paper being placed in the ballot box used at any relevant election or referendum.

(4) Where the same ballot boxes are used for the election and other Authority elections, but not for other relevant elections or referendums—

(a) the CRO must not mix the ballot papers for Authority elections from any ballot box or container with the contents of any other ballot box or container (including a postal ballot box) during the conduct of verification (where this occurs under paragraph (1)), the count or any re-count;

(b) the ballot boxes from each polling station for the Authority elections shall be opened together and the ballot papers counted (but not necessarily the votes on them) and verified together.

(5) A postal ballot paper must not be taken to be duly returned unless—

(a) it is returned in the manner set out in paragraph (6) and reaches the CRO or any polling station in the appropriate area (as defined in paragraph (7)) ... before the close of the poll,

(b) the postal voting statement, duly signed, is also returned in the manner set out in paragraph (6) and reaches him or such polling station before that time,

(d) in a case where the steps for verifying the date of birth and signature of an elector or proxy have been prescribed by regulations made under the 1983 Act , the CRO (having taken such steps) verifies the date of birth and signature of the elector or proxy (as the case may be), and

(e) the postal ballot paper is not one that falls to be rejected in accordance with regulation 79B, 79D, 82B or 82D of the Representation of the People (England and Wales) Regulations 2001.

(6) The manner in which any postal paper or postal voting statement may be returned—

(a) to the CRO, is by hand or by post,

(b) to a polling station in the appropriate area, is by hand.

(6A) A postal ballot paper or postal voting statement that reaches the CRO or a polling station in the appropriate area at or after the close of the poll is treated for the purposes of paragraph (5) as reaching that officer or polling station before the close of the poll if it is delivered by a person who, at the close of the poll, is in the polling station, or in a queue outside the polling station, for the purpose of returning it.

(7) For the purposes of paragraphs (5), (6) and (6A), “polling station in the appropriate area” means a polling station—

(a) in the area which is common to the Assembly constituency, and parliamentary constituency ..., electoral area or voting area, as the case may be, in which the polls at the Authority election and a relevant election or referendum are being taken together, and

(b) in respect of which polls the voter has been issued with a postal ballot paper.

(8) After completing the proceedings under paragraph (1) or (2), the CRO must cause the electronic counting system to process the ballot papers for the election so as to count—

(a) the number of ballot papers, and

(b) votes given on the ballot papers.

(9) The CRO must not cause the electronic counting system to count any tendered ballot paper.

(10) Subject to paragraph (11), the CRO must verify each ballot paper account by comparing it with the number of ballot papers recorded by him, and the unused and spoilt ballot papers in his possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and must draw up a statement as to the result of the verification, which any election agent may copy.

(11) The CRO may verify each ballot paper account for the election by comparing it with the number of ballot papers processed by the electronic counting system, and the unused and spoilt ballot papers in his possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list).

(12) The CRO, while verifying the ballot paper accounts and counting the votes, must take all proper precautions for preventing any person from seeing the numbers and unique identifying marks printed on the back of the papers.

(13) The CRO must so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that the hours between 5 in the afternoon and 10 on the following morning may be excluded with the prior consent of the GLRO.

(14) During the time so excluded the CRO must—

(a) place the ballot papers and other documents relating to the election under his own seal and the seals of such of the counting agents as desire to affix their seals, and

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

Rejected ballot papers

51

(1) Any ballot paper—

(a) which does not bear the official mark,

(b) on which votes are given for more than one party or individual candidate,

(c) on which anything is written or marked by which the voter can be identified except the printed number and other unique identifying mark on the back,

(d) which is unmarked, or

(e) which is void for uncertainty,

is, subject to paragraph (2), void and must not be counted.

(2) A ballot paper on which the vote is marked—

(a) elsewhere than in the proper place, or

(b) otherwise than by means of a cross, or

must not for such reason be void if an intention that the vote be given for one only of the party or individual candidates clearly appears, and the way the paper is marked does not itself identify the voter and it is not shown that he can be identified by it.

(3) Where the electronic counting system identifies a ballot paper that has been marked, but which appears for whatever reason to be void, it must be examined by a clerk appointed by the CRO in the manner referred to in paragraph (6).

(4) If the clerk, having examined the ballot, considers that the vote is void then the CRO must examine it in the manner referred to in paragraph (6).

(5) After the CRO examines the ballot paper, he must give his decision as to the validity of the vote.

(6) An examination under paragraph (3) or (4) is to be made by the clerk or CRO examining an image of the ballot paper which is shown on a screen so as to be visible to those attending the count.

(7) The CRO may examine any ballot paper that he is not required to examine in accordance with paragraph (4)—

(a) either in the manner referred to in paragraph (6), or

(b) by examining a paper copy,

and where the CRO does so, he must give a decision on that paper in accordance with paragraph (5).

(8) No person attending the count is to be entitled to require the clerk or CRO to examine a ballot paper or to provide a paper copy for inspection.

(9) A record of the CRO's decision must be retained in the electronic counting system together with, in the case of a decision that the ballot paper is void, his reasons by reference to paragraph (1).

(10) Where a counting agent objects to the CRO's decision the CRO must record on the electronic counting system that the decision was objected to.

(11) The CRO must draw up a statement showing the number of ballot papers rejected under the several heads of—

(a) want of an official mark,

(b) voting for more than one party or individual candidate,

(d) unmarked ballot paper, or

(e) void for uncertainty.

(12) As soon as practicable after the completion of the statement under paragraph (11) the CRO must inform—

(a) such candidates, election agents and counting agents as are present at the count, and

(b) the GLRO,

of its contents.

Decision on ballot papers

52

The decision of the CRO on any question arising in respect of a ballot paper is final, but may be subject to review on an election petition.

Re-count

53

(1) A candidate or his election agent (including, in the case of a list candidate, the election agent for that list) or a counting agent authorised under rule 31(3) may, if present when the counting or any re-count of the votes is completed, require the CRO to have the votes re-counted or again re-counted but the CRO may refuse to do so if in his opinion the request is unreasonable.

(2) No step may be taken on the completion of the counting or any re-count of votes until the candidates and election agents and counting agents authorised under rule 31(1) present at its completion have been given a reasonable opportunity to exercise the right conferred by this rule.

(3) The CRO may determine the extent to which any re-count involves the electronic counting of votes.

(4) When the returning officer uses the electronic counting system for the re-counting of votes, he must not re-consider any decision made on any ballot paper under rule 51(5).

Procedure at conclusion of local count

54

(1) As soon as practicable after the conclusion of the local count (including any re-count), the CRO must draw up a statement showing—

(a) the total number of votes cast,

(b) the total number of votes rejected under rule 51,

(d) the number of votes cast for each individual candidate.

(2) As soon as practicable after the statement is drawn up under paragraph (1), the CRO must inform the GLRO of its contents, and if it is practicable to do so, must also provide that information so as to show the total number of votes under each of those heads in each ward.

(3) Where practicable, the CRO must provide the information in the statement under paragraph (1) to the GLRO so as to show and the number of rejected ballot papers in each ward.

(4) As soon as practicable after the GLRO has authorised him to do so, the CRO must—

(a) inform such of the candidates and their election agents as are then present of the content of the statements prepared in accordance with rule 51 and paragraph (1) of this rule, and

(b) give public notice of the contents of those statements.

Attendance at allocation of seats

55

(1) The GLRO must make arrangements for making the allocation of seats in the presence of the election agents of the individual candidates (including, in the case of a list candidate, the election agent for that list); and he must give to those agents notice in writing of the time and place at which he will begin the allocation.

(2) No person other than—

(a) the GLRO and his clerks,

(b) the CROs and a clerk or technical assistant chosen by each of them,

(d) candidates included on a party list and one person chosen by each of them,

(e) the election agents,

(f) the nominating officers of those registered parties standing nominated at the election,

(g) persons who are entitled to attend by virtue of any of sections 6A to 6D of the 2000 Act,

(h) persons permitted to be present at the central calculation at the election of the Mayor of London,

may be present at an allocation, unless permitted by the GLRO to attend.

(3) A person not entitled to attend an allocation must not be permitted to do so by the GLRO unless the GLRO—

(a) is satisfied that the efficiency of the allocation will not be impeded, and

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

The calculation

56

(1) As soon as the GLRO has received from every CRO the information required by rule 54 he must calculate the London figure for each registered party and individual candidate.

(2) As soon as the GLRO has ascertained the result of the calculation, he must inform such of the election agents for the candidates as are then present of the relevant figures and must give them a reasonable opportunity to satisfy themselves as to the accuracy of the calculation.

(3) Where information of the description mentioned in paragraph (4)(e) is given in accordance with paragraph (2), the GLRO must provide the persons to whom it was given with a statement containing—

(a) the names of the persons concerned, and

(b) with respect to each such person, the name of the party from whose list his name has been omitted or treated as omitted, and the reason therefor.

(4) In this rule, “the relevant figures” means—

(a) the number of London votes given in the Assembly constituencies for each registered party and individual candidate at that election,

(b) in respect of each party, the number of successful candidates to be constituency members, who were the subject of that party's authorisation under rule 6(5) or 6(7) of the Constituency Members Election Rules,

(d) any recalculation required by paragraph 8(3), or carried out in the circumstances mentioned in paragraph 8(8), of Schedule 2 to the 1999 Act, and

(e) the number of persons whose names have been omitted from, or (pursuant to paragraph 8(10) of Schedule 2 to the 1999 Act) who are to be treated as ceasing to be on, a party list.

(5) Paragraph (6) applies where the GLRO is notified under rule 54(5) of the Constituency Members Election Rules that a candidate who is returned as a constituency member is the candidate with a description authorised under rule 6(7)(a) of those Rules (a using a description registered by more than one party).

(6) Where this paragraph applies, the GLRO must, in calculating the London figure of each registered party whose nominating officer issued a certificate to which rule 6(7)(a) of the Constituency Members Election Rules refers, include that candidate as a candidate of that party; and in doing so must disregard the fact that for the purposes of calculating the London figure of another registered party, the candidate is also included as the candidate of that other registered party.

PART 5 — Final Proceedings In Contested And Uncontested Elections

Declaration of result

57

(1) The GLRO must declare the allocation of the seats for London members and, where seats are allocated to a registered party, the names of the persons on the party list who, in accordance with paragraph 8(5) of Schedule 2 to the 1999 Act, are to fill those seats.

(2) The GLRO must give public notice of—

(a) the registered parties to which seats for London members have been allocated and the names of the list candidates by whom those seats are to be filled,

(b) the names of the successful individual candidates,

(d) the total number of candidates of registered parties returned as constituency members,

(e) the number of rejected ballot papers under each head shown in the statement of rejected ballot papers,

(f) the name of every person included on a party list who has been omitted from, or (pursuant to paragraph 8(10) of Schedule 2 to the 1999 Act) is to be treated as ceasing to be on, that list, together with the reason for the omission or cessation, as the case may be.

(3) Subject to paragraph (4), after the GLRO complies with paragraphs (1) and (2), he may give public notice of the information referred to paragraph (2)(c) and (e) so as to set out the number of votes falling under each of those heads, in respect of each ward.

(4) Where the sum of ... votes given for all registered parties and individual candidates in any ward does not exceed 500, the GLRO must not give notice under paragraph (3) in respect of that ward alone, but must amalgamate the figures for that ward with those for any other ward in which more than 500 votes have been given, in the same Assembly constituency.

Return or forfeiture of candidate's deposit

58

(1) Unless forfeited in accordance with paragraph (5), the deposit made under rule 10 must be returned to the person making it or his personal representative.

(2) Subject to paragraph (4), the deposit must be returned not later than the next day after that on which the result of the election is declared.

(3) For the purposes of paragraph (2)—

(a) a day must be disregarded if, in accordance with rule 4, it would be disregarded in computing any period of time for the purposes of the timetable for the election, and

(b) the deposit will be treated as being returned on a day if a cheque for the amount of the deposit is posted on that day.

(4) If the individual candidate or registered party is not shown as standing nominated in the statement of persons nominated, or if proof has been given to the GLRO before the allocation of seats of the death of an individual candidate, then the deposit must be returned as soon as practicable after the publication of the statement or after the individual candidate's death, as the case may be.

(5) Where a poll is taken, if, after the declaration under rule 57, a candidate or registered party is found not to have polled more than one-fortieth of the total number of votes polled by all the candidates and registered parties, the deposit must be forfeited to the Greater London Authority.

PART 6 — Disposal Of Documents

Sealing up of ballot papers

59

(1) On the completion of the counting at a contested election the CRO must seal up in separate packets the counted and rejected ballot papers.

(2) Where some or all of the votes have been counted using the electronic counting system, the CRO must also seal up in a separate packet a complete electronic record (“the electronic record”) of the information stored in the electronic counting system, held in such device as may be suitable for the purpose of its storage.

(3) After making the electronic record under paragraph (2), the CRO must arrange for the original records in the electronic counting system to be removed from it and destroyed in a manner that ensures that the secrecy of those records is preserved.

(4) The CRO must not open the sealed packets of—

(a) tendered ballot papers, or

(aa) the completed ballot paper refusal list, or

(b) certificates as to employment on duty on the day of the poll.

(5) Where the CRO discharges the functions referred to in regulation 5 of the Combination of Polls Regulations, he must also not open the sealed packets of—

(a) the completed corresponding number lists,

(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.

Delivery and retention of documents

60

(1) The CRO must then forward the following documents to the relevant registration officer—

(a) the packets of ballot papers in his possession,

(b) the packet containing the electronic record (if any),

(c) the ballot paper accounts and the statements of rejected ballot papers and of the result of the verification of the ballot paper accounts,

(d) the tendered votes lists, the lists of voters with disabilities assisted by companions, the lists of votes marked by the presiding officer and the related statements, the lists maintained under rule 45 and the declarations made by the companions of voters with disabilities,

(da) the packet containing the completed ballot paper refusal list,

(e) the packets of the completed corresponding number lists,

(f) the packets of certificates as to employment on duty on the day of the poll, and

(g) the packets containing marked copies of registers (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and of the postal voters list, of the lists of proxies and of the proxy postal voters list,

endorsing on each packet a description of its contents, the date of the election to which they relate and the name of the Assembly constituency for which the election was held.

(2) At an election where the returning officer does not discharge the functions referred to in regulation 5 of the Combination of Polls Regulations, paragraph (1) must have effect as if sub paragraphs (d), (e) and (f) were omitted.

Orders for production of documents

61

(1) An order—

(a) for the inspection or production of any rejected ballot papers in the custody of the relevant registration officer, or

(b) for the opening of a packet containing the electronic record or a sealed packet of completed corresponding number lists or certificates as to employment on duty on the day of the poll or the inspection of any counted ballot papers in the custody of the relevant registration officer,

may be made by a county court, if the court is satisfied by evidence on oath that the order is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of an election petition.

(1A) An order—

(a) for the opening of the sealed packet containing a completed ballot paper refusal list, or

(b) for the inspection or production of that list,

may be made by the county court if satisfied by evidence on oath that the order is required for the purpose of an election petition.

(2) An election court may make an order for the opening of a packet containing the electronic record or a sealed packet of completed corresponding number lists or certificates or for the inspection of any counted ballot papers in the custody of the relevant registration officer.

(3) An order under this rule may be made subject to such conditions as to—

(a) persons,

(b) time,

(d) production or opening,

as the court making the order thinks expedient; but in making and carrying into effect an order for the opening of a packet containing the electronic record or a packet of completed corresponding number lists or certificates or for the inspection of counted ballot papers, care must be taken that the way in which the vote of any particular elector has been given must not be disclosed until it has been proved—

(i) that his vote was given, and

(ii) that the vote has been declared by a competent court to be invalid.

(4) An appeal lies to the High Court from any order of a county court under this rule.

(5) Any power given under this rule to a county court may be exercised by any judge of the court otherwise than in open court.

(6) Where an order is made for the production by the relevant registration officer of any document or electronic record in his custody relating to any specified election—

(a) the production by him or his agent of the document or electronic record ordered in such manner as may be directed by that order will be conclusive evidence that the document or electronic record relates to the specified election, and

(b) any endorsement on any packet of ballot papers so produced will be prima facieevidence that the ballot papers are what they are stated to be by the endorsement.

(7) The production from proper custody of —

(a) a ballot paper purporting to have been used at any election, or

(b) a copy of the electronic record which purports to record that a particular ballot paper was used at any election, and

a completed corresponding number list with a number written beside the number of the ballot paper, will be prima facieevidence that the elector whose vote was given by that ballot paper was the person who, at the time of the election, had affixed to his entry in the register of electors or on the notice issued under section 13B(3B) or (3D) of the 1983 Act, the same number as was written on the completed corresponding number list.

(8) The Electoral Commission may require the production and opening of any sealed packet of ballot papers and of any sealed packet containing an electronic copy of information made pursuant to rule 59(2), but only—

(a) in connection with any review which they are conducting under section 6(2) of the 2000 Act, and

(b) if the request that they undertake that review includes a request that they examine ballot papers.

(9) In their review of any documents or records to which they have access by virtue of paragraph (8), the Electoral Commission must take care to ensure that the way in which a particular elector has given their vote is not ascertained.

(10) At the termination of their review, the Electoral Commission must reseal in their packets the documents and records produced under paragraph (8), return them to the relevant registration officer, and destroy any copies of those documents and records that have been made.

(11) Unless authorised by this rule, no person may be allowed to inspect any rejected or counted ballot papers in the custody of the relevant registration officer or open any sealed packets of completed corresponding number lists, certificates of employment on the day of the poll or containing the electronic record.

Retention and destruction of documents and records

62

The relevant registration officer must retain or cause to be retained for one year all documents and, where applicable, the electronic record relating to an election forwarded to him in pursuance of these Rules by a CRO, and then, unless otherwise directed by an order of a county court, a Crown Court, a magistrate's court or an election court, must cause them to be destroyed.

PART 7 — List Candidates And The Filling Of Vacancies

Interpretation of Part 7

63

In this Part—

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.