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

Type Welsh-Statutory-Instrument

Publication 2021-12-15

Last updated 2025-07-18

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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(4) In the case of a ballot paper issued to a person at an address in the United Kingdom, the returning officer must ensure that the return of the ballot paper and postal voting statement is free of charge to the voter.

(5) Where the returning officer is not the co-ordinating returning officer, see also regulations 4 and 5 of the Combination of Polls Regulations (which provide for circumstances in which the functions of the returning officer under this rule are to be discharged by the co-ordinating returning officer).

Provision of polling stations

29

(1) The returning officer must—

(a) provide a sufficient number of polling stations, and

(b) allot the electors to the polling stations.

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

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

(4) Where the returning officer is not the co-ordinating returning officer, see also regulations 4 and 5 of the Combination of Polls Regulations (which provide for circumstances in which the functions of the returning officer under this rule are to be discharged by the co-ordinating returning officer).

Appointment of presiding officers and clerks

30

(1) The returning officer must appoint and pay—

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

(b) such number of clerks as may be necessary for the purposes of the poll or the count or otherwise for the purposes of the election.

(2) The returning officer must not knowingly appoint, as a presiding officer or clerk, a person who has been employed by or on behalf of a candidate in connection with the election.

(3) The returning officer may preside at a polling station.

(4) Where the returning officer presides at a polling station, these rules apply to the returning officer so presiding with the necessary modifications as to things done by the returning officer in relation to the presiding officer or by the presiding officer in relation to the returning officer.

(5) A presiding officer may authorise the clerks to do anything (including asking questions) that the presiding officer is required or authorised by these rules to do ..., except ordering the exclusion or removal of any person from the polling station.

(6) Where the returning officer is not the co-ordinating returning officer, see also regulations 4 and 5 of the Combination of Polls Regulations (which provide for circumstances in which the functions of the returning officer under this rule in relation to the appointment of presiding officers and clerks are to be discharged by the co-ordinating returning officer).

Issue of official poll cards

31

(1) The returning officer must, as soon as practicable after publishing notice of the election, send or deliver—

(a) an official poll card to electors not voting by post,

(b) an official postal poll card to electors voting by post and not by proxy,

(d) an official proxy postal poll card to a person voting as proxy for an elector by post.

(2) An official poll card or an official postal poll card must be sent or delivered to the elector’s qualifying address.

(3) An official proxy poll card or an official proxy postal poll card must be sent or delivered to the proxy’s address, as shown in the list of proxies.

(4) Each poll card must be in the appropriate form in the applicable Appendix or a form to the like effect and must set out—

(a) the name of the council to which councillors are to be elected,

(b) the electoral ward for which councillors are to be elected,

(d) the elector’s name, qualifying address and number on the register,

(e) the date and hours of the poll and the situation of the elector’s polling station, and

(f) such other information as the returning officer considers appropriate.

(5) Different information may be provided under paragraph (4)(f) to different electors or descriptions of elector.

(6) In the case of an elector with an anonymous entry, the poll card—

(a) must contain such information as is specified in the applicable Appendix instead of the information set out in paragraph (4)(d), and

(b) must be sent or delivered in an envelope or other form of covering so as not to disclose that the elector has an anonymous entry.

(7) If the returning officer and the returning officer for each relevant election consider it appropriate, a poll card issued under this rule may be combined with a poll card of the same type issued at each relevant election.

(8) In this rule—

(aa) “the applicable Appendix” means—

(i) where the voting system that applies at the election is the simple majority system, Appendix 5;

(ii) where the voting system that applies at the election is the single transferable vote system, Appendix 5A.

(a) “elector” means a person who is registered in the register of local government electors for the electoral ward in question on the last day for the publication of notice of the election, except that it includes a person then shown in the register (or, in the case of a person with an anonymous entry in the register, in the record of anonymous entries) as below voting age only if it appears from the register (or the record of anonymous entries) that the person will be of voting age on the day fixed for the poll;

(b) “qualifying address” has the same meaning as in the 1983 Act (see section 202(1) of that Act).

Equipment of polling stations

32

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

(2) Each ballot box must be constructed so that ballot papers can be put in it, but cannot be withdrawn from it, without the box being unlocked or, where the box has no lock, without the seal being broken.

(3) If the returning officer considers it appropriate, the same ballot box may be used for the poll at the principal area election and the poll at each relevant election.

(4) If separate ballot boxes are to be used, each ballot box must be clearly marked with—

(a) the election to which it relates, as shown on the ballot papers for that election, and

(b) information specifying the colour of the ballot papers that may be placed in the box.

(5) The returning officer must provide each polling station with—

(a) materials to enable voters to mark the ballot papers,

(b) copies of the relevant register of electors,

(c) copies of any notices issued under section 13B(3B) or (3D) of the 1983 Act so far as relating to the relevant register of electors,

(d) copies of the parts of any lists of persons entitled to vote by post or by proxy that correspond to the relevant register of electors, and

(e) a list (“the polling station’s corresponding number list”) consisting of that part of Part 2 of the corresponding number list prepared under rule 23 that contains the numbers, but not the other unique identifying marks, corresponding to those on the ballot papers provided to the presiding officer under paragraph (1).

(6) In paragraph (5), “the relevant register of electors” means the register of electors for the electoral ward or such part of it as contains the entries relating to the electors allotted to the polling station.

(7) The returning officer must cause to be displayed at each polling station an enlarged sample copy of the ballot paper.

(8) The returning officer must also provide each polling station with—

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

(b) a device for enabling voters who are blind or partially-sighted to vote without any need for assistance from the presiding officer or a companion (see rules 43 to 45 for the assistance that may be obtained from the presiding officer or a companion).

(9) The sample copy of the ballot paper required to be displayed and provided by paragraphs (7) and (8)(a) must be clearly marked as specimen and provided only for the guidance of voters.

(10) The device referred to in paragraph (8)(b) must—

(a) allow a ballot paper to be inserted into and removed from, or attached to and detached from, the device easily and without damage to the paper,

(b) hold the ballot paper firmly in place during use, and

(i) identify the spaces on the ballot paper on which votes may be marked,

(ii) identify the candidate to which each space refers, and

(iii) mark their vote on the space chosen.

(11) The returning officer must also cause a notice in the form in the applicable Appendix, giving directions for the guidance of voters in voting, to be displayed—

(a) inside each polling station (but outside the voting compartments), and

(b) outside each polling station.

(11A) In paragraph (11), “the applicable Appendix” means—

(a) where the voting system that applies at the election is the simple majority system, Appendix 6;

(b) where the voting system that applies at the election is the single transferable vote system, Appendix 6A.

(12) The returning officer may also provide copies of the notice in Braille or in such languages other than English and Welsh as the returning officer considers appropriate.

(13) Where the voting system that applies at the election is the simple majority system, A notice containing instructions for marking the ballot paper at the principal area election and each relevant election must be exhibited inside each voting compartment in each polling station and, in relation to the principal area election, that information must include the following—

(a) where only one councillor is to be elected, an instruction to the voter to vote only once by putting a cross [X] in the box next to their choice;

(b) where more than one councillor is to be elected, an instruction to the voter to vote for no more than the number to be elected by putting a cross [X] in the box next to each of their choices;

(13A) Where the voting system that applies at the election is the single transferable vote system, a notice containing instructions for marking the ballot paper at the principal area election and each relevant election must be exhibited inside each voting compartment in each polling station and, in relation to the principal area election, that information must include the following—

(a) an instruction to the voter to put the number 1 in the voting box next to their first choice;

(b) an explanation to the voter that they may make as many or as few additional choices as they wish, together with an instruction on how to do this by putting the number 2 next to their second choice, the number 3 next to their third choice and so on.

(14) Where the returning officer is not the co-ordinating returning officer, see also regulations 4 and 5 of the Combination of Polls Regulations (which provide for circumstances in which the functions of the returning officer under this rule are to be discharged by the co-ordinating returning officer).

Appointment of polling and counting agents

33

(1) A candidate may, before the poll begins, appoint—

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

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

(2) The same person may be appointed as a polling agent or counting agent by more than one candidate.

(3) The maximum number of polling agents who may attend a polling station is four or such greater number as the returning officer may by notice permit.

(4) If the number of polling agents appointed to attend at a particular polling station exceeds four (or any greater number that the returning officer has by notice permitted)—

(a) the returning officer must decide which agents are permitted to attend by lot, and

(b) only the agents on whom the lot falls are to be treated as having been appointed.

(5) The returning officer may impose a limit on the number of counting agents who may be appointed by each candidate but the limit—

(a) must be the same for all the candidates, and

(b) unless there are special circumstances, must not be less than the number obtained by dividing the number of clerks employed at the count by the number of candidates (ignoring any remainder).

(6) For the purposes of the calculations required by paragraph (5), a counting agent who has been appointed for more than one candidate is a separate agent for each of the candidates by whom they have been appointed.

(7) The candidate must give a notice to the co-ordinating returning officer where polling agents or counting agents are appointed.

(8) The notice must—

(a) give the names and addresses of the persons appointed, and

(b) be given no later than the fifth day before the day of the poll, disregarding any excluded day.

(9) If a polling agent or counting agent dies or becomes incapable of acting the candidate—

(a) may appoint another agent instead, and

(b) must immediately give the co-ordinating returning officer a notice stating the other agent’s name and address.

Polling and counting agents: supplemental provision

34

(1) A candidate or the candidate’s election agent may—

(a) do anything that the candidate’s polling or counting agent is authorised to do (or would, if appointed, have been authorised to do);

(b) assist the candidate’s polling or counting agent to do anything that the polling or counting agent is authorised to do.

(2) Anything required or authorised by these rules to be done in the presence of the polling or counting agents may be done instead in the presence of the candidate’s election agent.

(3) Where these rules require or authorise something to be done in the presence of the polling or counting agents, the non-attendance of the agent or agents at the time and place appointed does not invalidate the thing done.

(4) Where a candidate does not have a counting agent, the returning officer may give the candidate any notice that is required by these rules to be given to the counting agent.

Notification of requirement of secrecy

35

(1) The returning officer must make arrangements to ensure that every person attending at a polling station, other than a person described in paragraph (2)(a) to (d), has been given a notice setting out the provisions of section 66(1), (3) and (6) of the 1983 Act.

(2) The persons to whom the duty under paragraph (1) does not apply are—

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

(b) a person under the age of 16 who accompanies a voter to the polling station;

(d) a person attending the polling station as a constable on duty.

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

(4) Where the returning officer is not the co-ordinating returning officer, see also regulations 4 and 5 of the Combination of Polls Regulations (which provide for circumstances in which the functions of the returning officer under this rule are to be discharged by the co-ordinating returning officer).

Return of postal ballot papers

36

(1) Where a postal vote has been returned in respect of a person who is entered on the postal voters list, the returning officer must mark the list in the manner prescribed by regulations under the 1983 Act.

(2) Where a proxy postal vote has been returned in respect of a proxy who is entered on the proxy postal voters list, the returning officer must mark the list in the manner prescribed by regulations under that Act.

(3) Rule 58(2) does not apply for the purpose of deciding whether, for the purposes of this rule, a postal vote or a proxy postal vote is returned.

(4) Where the returning officer is not the co-ordinating returning officer, see also regulations 4 and 5 of the Combination of Polls Regulations (which provide for circumstances in which the functions of the returning officer under this rule are to be discharged by the co-ordinating returning officer).

The Poll

Admission to polling station

37

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

(a) voters allotted to the polling station,

(b) persons under the age of 16 who accompany voters to the polling station,

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

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

(f) the returning officer or members of the returning officer’s staff,

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

(h) the constables on duty,

(i) the companions of voters with disabilities, and

(j) persons entitled to be present at the polling station for the purposes of a relevant election.

(2) The presiding officer must regulate the total number of voters and persons under the age of 16 who accompany them who are admitted to the polling station at the same time.

(3) Only one polling agent may be admitted at the same time to a polling station on behalf of the same candidate.

(4) A constable voting in person may do so either—

(a) at the polling station allotted under these rules, or

(b) at another polling station, if the constable produces and surrenders a certificate in the form in Appendix 7 or a form to the like effect, signed by an officer of police of or above the rank of inspector.

(5) A person employed by the returning officer, if voting in person, may do so either—

(a) at the polling station allotted under these rules, or

(b) at another polling station, if the person produces and surrenders a certificate in the form in Appendix 7 or a form to the like effect, signed by the returning officer.

(6) A single certificate may be used for the principal area election and each relevant election.

(7) A certificate surrendered under paragraph (4) or (5) must immediately be cancelled.

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

(9) Where the returning officer is not the co-ordinating returning officer, see also regulations 4 and 5 of the Combination of Polls Regulations (which provide for circumstances in which the function of signing a certificate for the purposes of paragraph (5) of this rule is to be discharged by the co-ordinating returning officer).

Keeping of order in station

38

(1) The presiding officer must keep order at the polling station.

(2) If a person engages in misconduct in a polling station, or fails to obey any orders lawfully given by the presiding officer, the presiding officer may order that the person be removed from the polling station.

(3) Where the presiding officer orders that a person be removed, the person may be removed immediately—

(a) by a constable in or near the polling station, or

(b) by any other person authorised in writing by the returning officer to remove people from the polling station.

(4) Where a person is removed, the person must not, without the presiding officer’s permission, re-enter the polling station on the day of the poll.

(5) Where a person who is removed is charged with the commission of an offence in the polling station, the person may be dealt with as a person taken into custody by a constable for an offence without a warrant.

(6) 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.

(7) Where the returning officer is not the co-ordinating returning officer, see also regulations 4 and 5 of the Combination of Polls Regulations (which provide for circumstances in which the function of the returning officer under paragraph (3)(b) of this rule is to be discharged by the co-ordinating returning officer).

Sealing of ballot boxes

39

(1) The presiding officer must take the following steps immediately before the poll begins.

(2) The presiding officer must show the empty ballot box to those people (if any) who are present in the polling station, so that they may see that it is empty.

(3) The presiding officer must then—

(a) lock up the box, if it has a lock, and

(b) place the returning officer’s seal on it, in such a way as to prevent it being opened without breaking the seal.

(4) The presiding officer must then place the box, within the presiding officer’s view, for the receipt of ballot papers.

(5) The presiding officer must keep the box locked and sealed or (if it does not have a lock) keep it sealed.

Questions that may be put to voters

40

(1) At the time of an application for a ballot paper (but not afterwards), the presiding officer may put to any person described in the first column of Table 1 (set out in paragraph (3)) or in the first column of Table 2 (set out in paragraph (4)), one or more of the questions set out in the corresponding entry in the second column.

(2) If required to do so by the candidate or the candidate’s election or polling agent, the presiding officer must put to any person described in the first column of Table 1 one or more of the questions set out in the corresponding entry in the second column.

(3) Table 1 sets out questions that a presiding officer may put under paragraph (1) and that a candidate (or the candidate’s election or polling agent) may require to be put under paragraph (2).

Description	Questions
1. A person applying as an elector	1(a) Are you the person registered in the register of local government electors for this election as follows?Notes to 1(a)The presiding officer must then read the whole entry from the copies of the registration records.1(b) Have you already voted, in this or another electoral ward, at the election of councillors for this county/county borough, otherwise than as proxy for some other person?Notes to 1(b)The presiding officer must say either “county” or “county borough”, as appropriate.The words “, in this or another electoral ward,” may be omitted if an election is taking place only in one electoral ward.
2. A person applying as proxy for an elector other than an elector who has an anonymous entry	2(a) Are you the person whose name appears as AB in the list of proxies for this election as entitled to vote as proxy on behalf of CD?2(b) Have you already voted, in this or another electoral ward, at the election of councillors for the county/county borough, as proxy on behalf of CD?2(c) Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of CD?Notes to 2(a) to (c)Where a question refers to AB, the presiding officer reads out the name as it appears in the list of proxies. Where a question refers to CD, the presiding officer reads out the name of the elector.Note to 2(b)The presiding officer must say either “county” or “county borough”, as appropriate.The words “, in this or another electoral ward,” may be omitted if an election is taking place only in one electoral ward.
3. A person applying as proxy for an elector who has an anonymous entry	3(a) Are you the person entitled to vote as proxy on behalf of the elector whose number on the register of electors is [x]?3(b) Have you already voted as proxy on behalf of the elector whose number on the register of electors is [x]?3(c) Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the person whose number on the register of electors is [x]?Note to 3(a) to (c)Where the questions in this entry refer to [x], the presiding officer must read the elector’s number from the copies of the registration records.
4. A person applying as proxy who has been asked the question numbered 2(c) or 3(c) in column 2 and has not answered “Yes”	4. Have you already voted, in this or another electoral ward, at the election of councillors for the county/county borough, on behalf of two persons of whom you are not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild?Note to 4The presiding officer must say either “county” or “county borough”, as appropriate.The words “, in this or another electoral ward,” may be omitted if an election is taking place only in one electoral ward.

(4) Table 2 sets out the questions that a presiding officer may put under paragraph (1) (but cannot be required to put under paragraph (2)).

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

(5) A ballot paper must not be given to any person required to answer one or more of the questions in Table 1 or 2 unless the person has answered the question or questions satisfactorily.

(6) Except as authorised by this rule, no inquiry is permitted as to the right of any person to vote.

(7) In this rule, “the copies of the registration records” means the copies provided by the returning officer for the polling station under rule 32(5)(b) and (c) (copies of the relevant register of electors and copies of any notices issued under section 13B(3B) or (3D) of the 1983 Act relating to the relevant register of electors).

Challenge of voter

41

A person must not be prevented from voting by reason only that either or both of the following apply—

(a) a candidate or a candidate’s election or polling agent declares that they have reasonable cause to believe that the person has committed an offence of personation;

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

Voting procedure

42

(1) A ballot paper must be given to a voter who applies for one.

(2) Immediately before the ballot paper is given—

(a) the number of the elector, as stated in the copies of the registration records, must be called out,

(b) unless the elector has an anonymous entry, the name of the elector, as stated in the copies of the registration records, must also be called out,

(c) the number of the elector must be marked on the polling station’s corresponding number list beside the number of the ballot paper to be issued,

(d) a mark must be placed in the copies of the registration records against the number of the elector to note that a ballot paper has been received, but without showing the particular ballot paper that has been received, and

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

(3) In the case of an elector who has an anonymous entry—

(a) the ballot paper may be given only if the elector’s official poll card or, where the elector is voting by proxy, the proxy’s official poll card is shown to the presiding officer, and

(b) only the elector’s number may be called out.

(4) On receiving the ballot paper, the voter must go immediately into one of the compartments in the polling station.

(5) Without undue delay, the voter must then—

(a) secretly mark the ballot paper,

(b) fold the ballot paper up so as to conceal the vote,

(c) show the presiding officer the back of the ballot paper, so as to disclose the number and other unique identifying mark, and

(d) put the ballot paper into the ballot box in the presiding officer’s presence.

(6) As soon as the voter has put the ballot paper in the ballot box, the voter must leave the polling station.

(7) If a voter is in the polling station, or in a queue outside the polling station, at the close of the poll and has not yet been able to cast their vote, the presiding officer must permit the voter to cast their vote as soon as practicable.

(8) The copies of the registration records that are used for the principal area election may also be used for each relevant election.

(9) Where ballot papers are issued to a voter in respect of the principal area election and in respect of each relevant election, one mark may be placed in the copies of the registration records and, where appropriate, in the list of proxies to denote that the ballot papers have been issued.

(10) In any other case, the copies of the registration records and, where appropriate, the list of proxies must be marked in such a way as to identify each election in respect of which a ballot paper has been issued.

(11) In this rule, “the copies of the registration records” has the same meaning as in rule 40 (see paragraph (7) of that rule).

Voters with a disability or unable to read: marking of votes by presiding officer

43

(1) A voter may apply to the presiding officer for their vote to be marked if the voter—

(a) is unable, because of blindness or other disability, to vote in the manner directed by these rules, or

(b) declares orally that they are unable to read.

(2) Where an application is made, the presiding officer must, in the presence of any polling agents who are in the polling station when the application is made—

(a) cause the voter’s vote to be marked on a ballot paper in the manner directed by the voter, and

(b) cause the ballot paper to be placed in the ballot box.

(3) Where a voter’s vote is marked in pursuance of paragraph (2), the presiding officer must enter the following details on a list maintained by the presiding officer for the purposes of this rule (“the list of votes marked by the presiding officer”)—

(a) the name and number of the voter, as shown in the copies of the registration records, and

(b) the reason why the vote was marked.

(4) In the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name in the list of votes marked by the presiding officer is the elector’s number.

(5) The same list of votes marked by the presiding officer may be used for the principal area election and each relevant election.

(6) Where the same list is used, an entry in the list is to be taken as meaning that the voter’s vote was marked in respect of the principal area election and in respect of each relevant election, unless the list identifies one or more elections at which the voter’s vote was marked.

(7) In this rule, “the copies of the registration records” has the same meaning as in rule 40 (see paragraph (7) of that rule).

Voters with a disability or unable to read: assistance of companions

44

(1) A voter may apply to the presiding officer, on the ground of blindness or other disability or inability to read, to be allowed to vote with the assistance of a companion.

(2) Where an application is made, the presiding officer must require the voter to declare, orally or in writing, whether the voter is so affected by blindness or other disability, or by inability to read, as to be unable to vote without the assistance of a companion.

(3) In the following provisions of this rule, a voter who declares that they are so affected by blindness or other disability, or by inability to read, as to be unable to vote without the assistance of a companion is referred to as a voter with disabilities.

(4) At the time when an application to vote with the assistance of a companion is made, the companion must make a written declaration before the presiding officer that the companion—

(a) has attained the age of 16, and

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

(5) The companion’s declaration—

(a) must be in the form of the declaration relating to the principal area election in Appendix 8, and

(b) must be given to the presiding officer who must attest it and retain it.

(6) The companion’s declaration at the principal area election and each relevant election may be made in the same document.

(7) The presiding officer must grant the voter’s application for the assistance of a companion if the presiding officer—

(a) is satisfied that the voter is so affected by blindness or other disability, or by inability to read, as to be unable to vote without the assistance of a companion, and

(b) is also satisfied by the companion’s written declaration that the companion has attained the age of 16 and has not previously assisted more than one voter with disabilities to vote at the election.

(8) Where the application is granted—

(a) anything that is required to be done by these rules to the voter in connection with the giving of the vote may be done instead to the companion, and

(b) the voter may do anything that needs to be done in connection with the giving of the vote with the assistance of the companion.

Voting with the assistance of a companion: supplemental provision

45

(1) Where a vote is given with the assistance of a companion in accordance with rule 44, the presiding officer must then enter the following details in a list maintained by the presiding officer (“the list of voters with disabilities assisted by companions”)—

(a) the name and number of the voter, as shown in the copies of the registration records, and

(b) the name and address of the companion.

(2) In the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name in the list of voters with disabilities assisted by companions is the elector’s number.

(3) Where the voter has an anonymous entry, only the voter’s number in the copies of the registration records may be entered in the list of voters with disabilities assisted by companions.

(4) No fee or other payment may be charged in respect of a declaration made by a companion under rule 44(4).

(5) The same list of voters with disabilities assisted by companions may be used for the principal area election and each relevant election.

(6) Where the same list is used, an entry in the list is to be taken as meaning that the voter’s vote was given with assistance in respect of the principal area election and in respect of each relevant election, unless the list identifies one or more elections at which the voter’s vote was given with assistance.

(7) In this rule, “the copies of the registration records” has the same meaning as in rule 40 (see paragraph (7) of that rule).

Tendered ballot papers: circumstances where available

46

(1) This rule sets out circumstances where a person who applies for a vote (“the applicant”) is entitled to vote on satisfactorily answering the questions permitted by law to be asked at the poll but where the procedure for giving the vote is modified in the following two ways—

(a) the person must use a ballot paper that is of a different colour to other ballot papers, and

(b) the person must give the ballot paper to the presiding officer (instead of putting it in the ballot box).

Circumstances where vote already given in person2The first set of circumstances is where—athe applicant represents themself to be a particular elector named in the copies of the registration records and not named in the postal voters list or list of proxies, andbanother person has already voted in person either as that elector or as that elector’s proxy.3The second set of circumstances is where—athe applicant represents themself to be a particular person named in the list of proxies as proxy for an elector and not entitled to vote by post as proxy, andbanother person has already voted in person either as that elector or as that elector’s proxy.

Circumstances where applicant on postal voters list claims not to have applied for postal vote4The third set of circumstances is where—athe applicant represents themself to be a particular elector named in the copies of the registration records,bthe applicant is also named in the postal voters list, andcthe applicant claims not to have made an application to vote by post at the election.5The fourth set of circumstances is where—athe applicant represents themself to be a particular person named as a proxy in the list of proxies,bthat person is also named in the proxy postal voters list, andcthe applicant claims not to have made an application to vote by post as proxy at the election.

Circumstances where applicant claims to have lost postal ballot paper etc.6The fifth set of circumstances is where—aafter the last time at which a person may apply for a replacement postal ballot paper but before the close of the poll, the applicant represents themself to be a particular elector named in the copies of the registration records who is also named in the postal voters list, andbthe applicant claims to have lost or not to have received that person’s postal ballot paper.7The sixth set of circumstances is where—aafter the last time at which a person may apply for a replacement postal ballot paper but before the close of the poll, the applicant represents themself to be a particular person named as a proxy in the list of proxies who is also named in the proxy postal voters list, andbthe applicant claims to have lost or not to have received that person’s postal ballot paper.8A ballot paper that is given to the presiding officer in accordance with this rule is referred to in these rules as a “tendered ballot paper”.9Where an elector has an anonymous entry, the references in this rule to a person named in the copies of the registration records or a list are to be read as references to a person who has a number in the copies or list.10In this rule, “the copies of the registration records” has the same meaning as in rule 40 (see paragraph (7) of that rule).

Duties of presiding officer in relation to tendered ballot papers

47

(1) This rule sets out the duties of the presiding officer in relation to tendered ballot papers.

(2) The presiding officer must endorse the following information on the ballot paper—

(a) the name of the voter, and

(b) the voter’s number in the copies of the registration records or, if the voter is voting as proxy for an elector, the number of the elector.

(3) The presiding officer must put the ballot paper in a separate packet.

(4) The following information must be entered on a list (the “tendered votes list”)—

(a) the name of the voter, and

(b) the voter’s number in the copies of the registration records or, if the voter is voting as proxy for an elector, the number of the elector.

(5) Where an elector has an anonymous entry, the presiding officer must not include the name of the voter on the ballot paper or in the tendered votes list.

(6) The same tendered votes list may be used for the principal area election and each relevant election.

(7) Where the same list is used, an entry in the list is to be taken as meaning that the presiding officer was given a tendered ballot paper in respect of the principal area election and in respect of each relevant election, unless the list identifies one or more elections at which a tendered ballot paper was given.

(8) In this rule, “the copies of the registration records” has the same meaning as in rule 40 (see paragraph (7) of that rule).

Spoilt ballot papers

48

(1) This rule applies where a voter has inadvertently dealt with their ballot paper in such a manner that it cannot conveniently be used as a ballot paper.

(2) The voter may obtain another ballot paper by—

(a) giving the ballot paper that was inadvertently dealt with (the “spoilt ballot paper”) to the presiding officer, and

(b) proving to the presiding officer’s satisfaction that it was dealt with inadvertently.

(3) Where the voter is given another ballot paper, the spoilt ballot paper must be cancelled immediately.

Correction of errors on day of poll

49

(1) The presiding officer must keep a list of persons to whom ballot papers are given 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 the principal area election and each relevant election.

(3) Where the same list is used, an entry in the list is to be taken as meaning that ballot papers were given in consequence of an alteration to the register in respect of the principal area election and in respect of each relevant election, unless the list identifies one or more elections at which ballot papers were so given.

Adjournment of poll in case of riot

50

(1) This rule applies where proceedings at any polling station are interrupted or obstructed by riot or open violence.

(2) The presiding officer must—

(a) adjourn the proceedings until the following day, and

(b) immediately inform the co-ordinating returning officer.

(3) Where the poll is adjourned at a 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 are to be read as references to the end of the hours of polling on the day to which it is adjourned.

Procedure on close of poll

51

(1) This rule sets out the steps that must be taken by the presiding officer as soon as practicable after every voter has cast their vote.

(2) In the presence of any polling agents appointed for the purposes of the principal area election or a relevant election who are in the polling station, the presiding officer must seal each ballot box (with the key if any attached) in use at the polling station so as to prevent the introduction of additional ballot papers, using the presiding officer’s seal and the seals of any polling agents who wish to affix their seal.

(3) ... The presiding officer must place each of the following in separate packets, sealed using the presiding officer’s seal and the seals of any polling agents who wish to affix their seal—

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

(b) the tendered ballot papers;

(d) the polling station’s corresponding number list, as marked (see rule 42(2)(c)) (referred to in the following provisions of these rules as “the completed corresponding number list”);

(e) any certificates surrendered under rule 37(4) or (5) (surrender of certificates issued to constables or staff of returning officers);

(f) the following lists and declarations (together)—

(i) the list of votes marked by the presiding officer, together with a statement of the number of voters whose votes are marked under the heads “disability” and “unable to read” (see rule 43);

(ii) the declarations made by the companions of voters with disabilities (see rule 44);

(iii) the list of voters with disabilities assisted by companions (see rule 45);

(iv) the tendered votes list (see rule 47);

(v) the list maintained under rule 49 (correction of errors on day of poll).

(3A) The presiding officer must do anything required by paragraph (3)(a), (b), (e) or (f) in the polling station, in the presence of any polling agents who are there.

(3B) The presiding officer may do anything required by paragraph (3)(c) or (d)—

(a) in the polling station, in the presence of any polling agents who are there, or

(b) if the presiding officer has informed the polling agents and given them an opportunity to attend, at any other place that the presiding officer considers appropriate, in the presence of any polling agents who are there.

(4) The presiding officer must deliver the sealed ballot boxes and packets to the co-ordinating returning officer or cause them to be delivered in accordance with arrangements approved by that returning officer.

(5) The packets must be accompanied by a statement (“a ballot paper account”) prepared by the presiding officer showing—

(a) the number of ballot papers given to the presiding officer, and

(b) how the ballot papers are accounted for under the following headings—

(i) the number of ballot papers issued and not otherwise accounted for;

(ii) the number of ballot papers unused;

(iii) the number of spoilt ballot papers;

(iv) the number of tendered ballot papers.

(6) The contents of the packets containing the unused and spoilt ballot papers and the tendered ballot papers must not be combined with the contents of the packets made under the corresponding rule that applies at any relevant election.

(7) The ballot paper account must not be combined with the ballot paper account prepared under the corresponding rule that applies at any relevant election.

(8) In this rule, “the marked copies of the registration records” means the copies of the registration records (as defined by rule 40(7)), as marked in accordance with these rules.

PART 4 — Counting of Votes: Elections using the Simple Majority System

Overview of rules and interpretation

52

(1) This rule provides an overview of the application of this Part.

(2) Where the returning officer is the co-ordinating returning officer, the following rules apply—

(a) rule 53 (attendance at proceedings);

(b) rule 54 (preliminary and general duties);

(d) rules 58 to 64 (provisions relating to counting etc.).

(3) Where the returning officer is not the co-ordinating returning officer, the following rules apply—

(a) rule 53(1) and (3) to (9) (attendance at proceedings);

(b) rule 56 (preliminary and general duties);

(d) rules 58 to 64 (provisions relating to counting etc.).

(4) In this Part—

(a) references to the principal area counting agents are to the counting agents appointed for the purposes of the principal area election;

(b) references to the other counting agents are to the counting agents appointed for the purposes of any relevant election;

(c) references to the principal area election agents are to the election agents appointed for the purposes of the principal area election;

(d) references to the other election agents are to the election agents appointed for the purposes of any relevant election.

Attendance at proceedings under this Part

53

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

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

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

(d) the principal area counting agents;

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

(f) the constables on duty.

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

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

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

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

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

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

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

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

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

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

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

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

Preliminary and general duties where returning officer is co-ordinating returning officer

54

(1) This rule applies where the returning officer is the co-ordinating returning officer.

(2) The returning officer must make arrangements for discharging the functions under rule 55 as soon as practicable after the close of the poll.

(3) The returning officer must give the principal area counting agents and the other counting agents a notice stating the time and place at which the returning officer will begin to discharge the functions under rule 55.

(4) While counting and recording the number of ballot papers and counting the votes, the returning officer must—

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

(b) take such other precautions as are appropriate for the purpose of preventing any person from seeing the numbers or other unique identifying marks printed on the back of the papers.

Separation of ballot papers etc. where returning officer is co-ordinating returning officer

55

(1) This rule applies where the returning officer is the co-ordinating returning officer.

(2) The returning officer must, in the presence of the principal area counting agents and the other counting agents, open each ballot box, take out the ballot papers, count them and record separately the number of ballot papers used in each election.

(3) The returning officer must not count any tendered ballot paper.

(4) Where separate ballot boxes were used at the poll, no vote for a candidate at the principal area election is to be treated as invalid because it was placed in the ballot box intended for use at a relevant election.

(5) The returning officer must, in the presence of the principal area election agents and the other election agents, verify each ballot paper account by comparing it with the number of ballot papers recorded, the unused and spoilt ballot papers in the returning officer’s possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and tendered votes list).

(6) The returning officer must prepare a statement as to the result of the verification and give a copy of the statement to any principal area election agent, and to any other election agent, who requests it.

(7) The returning officer must also—

(a) count the postal ballot papers that have been properly returned (as to which see rule 58), and

(b) record separately the number counted at the poll at the principal area election and at each relevant election.

(8) The returning officer must then—

(a) separate the ballot papers relating to the principal area election from the ballot papers relating to each relevant election,

(b) make up into packets the ballot papers for each relevant election, and

(c) seal up the packets in separate containers endorsing on each a description of the area to which the ballot papers relate.

(9) The returning officer must then deliver or cause to be delivered to the returning officer for each relevant election—

(a) the containers of ballot papers relating to the election, together with a list of the containers and their contents,

(b) the ballot paper accounts relating to the election, together with a copy of the statements as to the result of the verification, and

(10) The returning officer must then mix together all the ballot papers used at the principal area election.

Preliminary and general duties where returning officer is not the co-ordinating returning officer

56

(1) This rule applies where the returning officer is not the co-ordinating returning officer.

(2) The returning officer must make arrangements for counting the votes in the presence of the principal area counting agents as soon as practicable after the delivery of the ballot papers by the returning officer who is the co-ordinating returning officer.

(3) The returning officer must give the principal area counting agents a notice stating the time when the counting of votes will begin (on the assumption that the ballot papers have been delivered) and the place at which the count will take place.

(4) While counting and recording the number of ballot papers and counting the votes, the returning officer must—

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

(b) take such other precautions as are appropriate for the purpose of preventing any person from seeing the numbers or other unique identifying marks printed on the back of the papers.

Opening of containers etc. where returning officer is not the co-ordinating returning officer

57

(1) This rule applies where the returning officer is not the co-ordinating returning officer.

(2) On receipt of the containers of ballot papers form the returning officer who is the co-ordinating returning officer, and after the time specified in the notice given under rule 56(3), the returning officer must open each container in the presence of the principal area counting agents.

(3) Where the proceedings on the issue and receipt of postal ballot papers are not taken together with those proceedings at a relevant election under regulation 65 of the Representation of the People (England and Wales) Regulations 2001¹⁹ or under that regulation as applied by regulations under section 44 of the Local Government Act 2000²⁰, the returning officer must count the postal ballot papers that have been properly returned and record the number counted.

(4) The returning officer must then mix together all the postal ballot papers and all the ballot papers from the containers.

Further provision about postal ballot papers

58

(1) This rule applies for determining whether a postal ballot paper is to be treated as properly returned as mentioned in rules 55(7)(a) and 57(3).

(2) A postal ballot paper is to be treated as properly returned if the ballot paper and the accompanying postal voting statement properly completed are—

(a) handed in at a polling station in the appropriate area before the close of the poll,

(b) given by hand to the returning officer before the close of the poll, or

(3) A postal voting statement is properly completed if —

(a) it is signed by the elector or (as the case may be) the proxy, unless the registration officer has dispensed with the requirement for a signature,

(b) it states the date of birth of the elector or (as the case may be) the proxy, and

(c) in a case where steps for verifying the date of birth and signature of an elector or proxy have been prescribed by regulations under the 1983 Act, the returning officer has taken those steps and verified the date of birth and (except in a case where the requirement for a signature has been dispensed with) the signature.

(4) Where, at the close of the poll, a person is in the polling station, or in a queue outside the polling station, for the purpose of handing in a postal ballot paper and postal voting statement—

(a) the person must be permitted to hand the ballot paper and statement in at the polling station, and

(b) where handed in, they are to be treated as having been handed in before the close of the poll for the purposes of this rule.

(5) “The appropriate area” referred to in paragraph (2)(a) is the area which is identified by—

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

(b) identifying the constituency or other area in respect of which each of those polls is being held, and

The count: general

59

(1) This rule applies where the returning officer has mixed the ballot papers under rule 55(10) or 57(4).

(2) The result of the poll must be ascertained by counting the votes given to each candidate.

(3) The candidate or candidates to whom more votes have been given than to the other candidates, up to the number of councillors to be elected, must be declared to have been elected.

(4) Subject to paragraph (5) the returning officer must, so far as practicable, proceed continuously with the counting of votes, allowing only time for refreshment.

(5) The returning officer may exclude any hours between 7 p.m. and 9 a.m. on the following morning.

(6) During any time that is excluded, the returning officer must—

(a) place the ballot papers and other documents relating to the election under the returning officer’s seal and the seals of any principal area counting agents who wish to affix their seals, and

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

The count: rejected ballot papers

60

(1) Subject to paragraphs (2) and (4), the following ballot papers are void and must not be counted—

(a) a ballot paper that does not bear the official mark;

(b) a ballot paper on which votes are given for more candidates than the voter is entitled to vote for;

(c) a ballot paper 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) a ballot paper that is unmarked or void for uncertainty.

(2) Where the voter is entitled to vote for more than one candidate, a ballot paper is not to be treated as void for uncertainty as respects any vote as to which no uncertainty arises and that vote must be counted.

(3) Paragraph (4) applies to a ballot paper on which a vote is marked—

(a) elsewhere than in the proper place,

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

(4) The ballot paper is not, by reason only of how the vote is marked, to be treated as void (either wholly or as respects that vote) if—

(a) it is clear from the ballot paper that the voter intended to vote for one or other of the candidates,

(b) the way the ballot paper is marked does not itself identify the voter, and

(5) The returning officer must—

(a) endorse the word “rejected” on any ballot paper which, in accordance with this rule, is not to be counted;

(b) endorse the word “rejected in part” on any ballot paper on which a vote is counted in accordance with paragraph (2) and indicate which vote or votes have been counted.

(6) If a principal area counting agent objects to the returning officer’s decision, the returning officer must add the words “rejection objected to” to the endorsement.

(7) The returning officer must prepare a statement showing the number of ballot papers rejected and the number rejected in part.

(8) The statement must set out the number rejected or rejected in part under each of the headings in sub-paragraphs (a) to (d) of paragraph (1).

Re-count

61

(1) A candidate or the candidate’s election agent may, if present when the count is completed, request that the returning officer re-count the votes.

(2) The returning officer must comply with the request unless the returning officer’s opinion is that the request is unreasonable.

(3) No step may be taken on the completion of the count until the candidates and election agents who are present have been given a reasonable opportunity to request that the votes are re-counted.

(4) Where a re-count takes place, this rule also applies in relation to the re-count (so that, for example, the candidate or the candidate’s election agent may, if present when the re-count is completed, request that the returning officer re-count the votes).

Equality of votes

62

(1) This rule applies where, after the counting of the votes (including any re-count), there is an equality of votes between any candidates and the addition of a vote would entitle any of those candidates to be elected.

(2) The returning officer must immediately decide between the candidates by lot and proceed as if the candidate on whom the lot falls had received an additional vote.

Decision on ballot papers

63

The decision of the returning officer on any question arising in respect of a ballot paper is final, but may be reviewed on an election petition.

Declaration of result

64

(1) When the count has been completed, the returning officer must declare to be elected the candidate or candidates to whom more votes have been given than to other candidates, up to the number of councillors to be elected.

(2) The returning officer must give a notice stating the names and addresses of the candidates elected to the proper officer of the council for which the election was held.

(3) The returning officer must also publish notice of—

(a) the names of the candidates elected,

(b) the total number of votes given for each candidate (whether elected or not), and

(c) the number of rejected ballot papers under each head shown in the statement of rejected ballot papers (see rule 60(7)).

PART 5 — Disposal of Documents

Sealing up of ballot papers at contested elections

65

(1) This rule applies on the completion of the counting of votes at a contested election.

(2) The returning officer must seal up in separate packets—

(a) the counted ballot papers, and

(b) the rejected ballot papers (including the ballot papers rejected in part).

(3) The returning officer must not open any packet sealed under rule 51(3) that contains tendered ballot papers.

(4) Where the returning officer is the co-ordinating returning officer, the returning officer must not open any packets sealed under rule 51(3) that contain—

(a) completed corresponding number lists;

(b) marked copies of the registration records and list of proxies;

Delivery of documents to registration officer at contested elections

66

(1) This rule applies where the returning officer has sealed up the counted and rejected ballot papers under rule 65(2).

(2) The returning officer must forward the following documents to the registration officer of the county or county borough council in whose area the election is held—

(a) the packets of ballot papers in the returning officer’s possession;

(b) the ballot paper accounts prepared under rule 51(5);

(d) the statements as to the result of the verification of the ballot paper accounts prepared under rule 55(6) or rule 64D(6);

(e) the packets containing the postal voters list and the proxy postal voters list.

(3) Where the returning officer is also the co-ordinating returning officer, the returning officer must also forward the following documents to the registration officer of the county or county borough council in whose area the election is held—

(a) the following lists and declarations—

(i) the lists of votes marked by the presiding officer, together with a statement of the number of voters whose votes are marked under the heads “disability” and “unable to read” (see rule 43);

(ii) the declarations made by the companions of voters with disabilities (see rule 44);

(iii) the lists of voters with disabilities assisted by companions (see rule 45);

(iv) the tendered votes lists (see rule 47);

(v) the lists maintained under rule 49 (correction of errors on the day of the poll);

(b) the packets containing completed corresponding number lists;

(d) the packets containing certificates surrendered by constables or staff of returning officers under rule 37(4) or (5).

Production etc. of documents

67

(1) This rule applies in relation to the following documents when in the custody of the registration officer (having been forwarded under rule 66)—

(a) rejected and counted ballot papers;

(b) sealed packets containing completed corresponding number lists;

(c) sealed packets containing certificates surrendered by constables or staff of returning officers under rule 37(4) or (5).

(2) A county court may make any of the following orders, if satisfied by evidence on oath that the order is required either 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—

(a) an order for the inspection or production of any of the rejected ballot papers (including any ballot papers rejected in part);

(b) an order for the inspection of any of the counted ballot papers;

(i) completed corresponding number lists, or

(ii) certificates surrendered by constables or staff of returning officers under rule 37(4) or (5);

(d) where an order for the opening of any of the sealed packets is made under sub-paragraph (c), an order for the inspection or production of the whole or part of its contents.

(3) An election court may make—

(a) an order for the inspection of any of the counted ballot papers;

(b) an order for the opening of any of the sealed packets containing—

(i) completed corresponding number lists, or

(ii) certificates surrendered by constables or staff of returning officers under rule 37(4) or (5);

(c) where an order for the opening of any of the sealed packets is made under sub-paragraph (b), an order for the inspection or production of the whole or part of its contents.

(4) An order under this rule may be made subject to such of the following conditions as the court thinks appropriate—

(a) conditions as to persons;

(b) conditions as to time;

(d) conditions as to production or opening.

(5) A court, in making an order under this rule for the inspection of counted ballot papers or for the opening of a sealed packet, must impose such conditions under paragraph (4) as the court considers appropriate to ensure that the way in which an elector has given their vote is not disclosed unless and until it has been proved—

(a) that the elector has given their vote, and

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

(6) Any person giving effect to an order under this rule for the inspection of counted ballot papers or for the opening of a sealed packet must take care to ensure that the way in which an elector has given their vote is not disclosed unless and until it has been proved—

(a) that the elector has given their vote, and

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

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

(8) The powers of a county court under this rule may be exercised by any judge of the court otherwise than in open court.

(9) Except as provided by this rule, no person may—

(a) inspect any of the rejected or counted ballot papers;

(b) open any of the sealed packets containing—

(i) completed corresponding number lists, or

(ii) certificates surrendered by constables or staff of returning officers under rule 37(4) or (5).

Orders for the production etc. of documents: supplemental provision

68

(1) Paragraphs (2) and (3) apply where an order is made under rule 67 for the production by a registration officer of a document in the registration officer’s custody relating to an election specified in the order.

(2) The production by the registration officer or the registration officer’s agent of the document in the manner directed by the order is conclusive evidence that the document relates to the specified election.

(3) If a packet of ballot papers with an endorsement on the packet is produced by the registration officer or the registration officer’s agent to comply with the order, the endorsement is prima facie evidence that the ballot papers are what they are stated to be by the endorsement.

(4) Paragraph (5) applies where, to comply with an order under rule 67, a registration officer or a registration officer’s agent has produced—

(a) a ballot paper purporting to have been used at an election, and

(b) a completed corresponding number list in use at the election, with a number marked in writing beside the number of that ballot paper on the list.

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