Paragraph 38 Refusal to deliver ballot paper
This rule applies where a presiding officer refuses to deliver a ballot paper under paragraph (4) of rule 34 (including that paragraph as applied by rule 35, 36 or 37).
The refusal shall be subject to review on an election petition but, subject to that F1and to rule 34(5B), shall be final and shall not be questioned in any proceeding whatsoever.
Annotations
Textual amendments
- F1
Words in Sch. 5 rule 38(2) inserted (16.1.2023) by Elections Act 2022 (c. 37), s. 67(1), Sch. 6 para. 18; S.I. 2022/1401, reg. 2(f)(vii) (with reg. 3(3))
Notes on the whole Act
Textual amendments
- F1
Refs. to registration officer, returning officer or electoral officer are to be construed as refs. to Chief Electoral Officer, 1972 NI 13
Notes on Schedule 5
Textual amendments
- F1
SI 1985/454
Modifications
- C1
Sch. 5 modified (12.12.2013) by The Local Elections (Northern Ireland) Order 2013 (S.I. 2013/3156), arts. 1(1), 10(1), Sch. (with art. 10(2)) (as amended (15.9.2014) by S.I. 2014/1116, arts. 1(1), 10(2)(4); (13.7.2020) by S.I. 2020/635, arts. 1(2), 12 (with art. 1(3)))