Regulation 24 Separation of ballot papers and preliminary proceedings

(1)

The Chief Electoral Officer must—

(a)

make arrangements for the proceedings required by this regulation, and

(b)

give to the counting agents^f1 appointed for the poll at each relevant election notice in writing of the place and time at which the proceedings will be carried out.

(2)

At 8 a.m. on the day after the day of the polls at the relevant elections or as soon as practicable after that, the returning officer^f2 must—

(a)

in the presence of the counting agents, open each ballot box used for the elections (whether the same or separate ballot boxes are used) and then—

(i)

separate the ballot papers relating to the relevant Assembly election from the ballot papers relating to the relevant local election,

(ii)

count and record the number of ballot papers (if any) relating to each relevant election in each ballot box,

(b)

in the presence of the election agents appointed for the relevant elections^f3, verify each ballot paper account relating to the relevant Assembly election in accordance with the requirements of rule 44B(7) of the AER^f4 and each ballot paper account relating to the relevant local election in accordance with the requirements of rule 45(5) of the LER^f5, and

(c)

count such of the postal ballot papers as have been duly returned (in accordance with the requirements of rule 44B(3) of the AER^f6) in respect of the relevant Assembly election and duly returned (in accordance with the requirements of rule 45(2) of the LER^f7) in respect of the relevant local election and record the number counted for each.

(3)

The returning officer must draw up a statement as to the result of the verification for the relevant Assembly election in accordance with the requirements of rule 44B(7) of the AER and for the relevant local election in accordance with the requirements of rule 45(5) of the LER, and must allow any election agent appointed for a relevant election to copy either statement.

(4)

As soon as practicable after the completion of the proceedings set out in paragraphs (2) and (3) the returning officer must—

(a)

in the presence of the counting agents appointed for the relevant local election poll, return the ballot papers relating to the relevant local election to the ballot boxes used for that election, seal the boxes and allow the counting agents to affix their seals to the boxes, and

(b)

proceed with counting the votes relating to the relevant Assembly election (in accordance with rule 44A to 44M of the AER as modified by regulation 25 of these Regulations).

(5)

In carrying out the proceedings under this regulation, the returning officer must keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers and other unique identifying marks printed on the back of the papers.

(6)

No person, other than a person specified in rule 44(2) of the AER^f8 or rule 44(1) of the LER^f9, may be present at the proceedings under this regulation unless permitted by the returning officer to be present.

(7)

The returning officer may give such permission only if—

(a)

they are satisfied that the proceedings will not be impeded, and

(b)

they have either consulted the election agents for the relevant elections or consider that it is impracticable to do so.

(8)

The returning officer must make arrangements for the security of the ballot papers and documents relating to the relevant local election during the period between the conclusion of the proceedings under this regulation and the commencement of the counting of the votes for the relevant local election.

Annotations

Footnotes

f1: Rule 30 of the AER makes provision about the appointment of counting agents in respect of the polls at Assembly elections. Rule 27 of the LER makes equivalent provision for local elections. Rule 27 was amended by S.I. 2010/2977.
f2: Article 5(1) of S.I. 2001/2599 provides that the Chief Electoral Officer is the returning officer for Assembly elections. Rule 3 of the LER provides that the Chief Electoral Officer is the returning officer in respect of local elections.
f3: Section 67 of the Representation of the People Act 1983 (c. 2) (as applied by S.I. 2001/2599) makes provision about the appointment of election agents at Assembly elections. Section 34 of the Electoral Law Act (Northern Ireland) 1962 (c. 14) (N.I.) makes equivalent provision for local elections.
f4: Rule 44B(7) was amended by S.I. 2014/1804.
f5: Rule 45(5) was amended by S.I. 2014/1116.
f6: Rule 44B(3) was amended by S.I. 2015/222 and 2024/319.
f7: Rule 45(2) was amended by S.I. 2002/2835 and 2024/382.
f8: Rule 44(2) was amended by paragraph 85 of Schedule 1 to the Electoral Administration Act 2006 (c. 22).
f9: Rule 44(1) was amended by paragraph 58 of Schedule 1 to the Electoral Administration Act 2006 (c. 22) and by S.I. 2010/2977.