OpenLegislation

Paragraph 44 Attendance at counting of votesC1

Northern Ireland

(1)

No person other than—

(a)

the returning officer and his clerks,

(b)

the candidates F1and one other person chosen by each of them,

(c)

the election agents,

(d)

the counting agents,

(e)

the constables on duty,

F2(f)

a person who is entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000.

may be present at the counting of the votes, unless permitted by the returning officer to attend.

(2)

A person not entitled to attend at the counting of the votes shall not be permitted to do so by the returning officer unless F3 the returning officer—

(a)

is satisfied that the efficient counting of the votes will not be impeded; and

(b)

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

(3)

The returning officer shall give the counting agents all such reasonable facilities for overseeing the proceedings at the counting of the votes (including in particular, facilities for satisfying themselves that the ballot papers are correctly sorted) and all such information with respect thereto as he can give them consistently with the orderly conduct of the proceedings and the performance of his functions.

Annotations

Textual amendments

F1

Words in Sch. 5 rule 44(1)(b) inserted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 71(2) (with art. 1(3))

F2

Sch. 5 rule 44(1)(f) inserted (1.7.2008) by Electoral Administration Act 2006 (c. 22), ss. 47, 77(2), Sch. 1 para. 58; S.I. 2008/1316, art. 2(3), 5(f)(iii)

F3

Words in Sch. 5 rule 44(2) substituted (16.12.2010) by Local Elections (Northern Ireland) Order 2010 (S.I. 2010/2977), arts. 1(2), 4, Sch. 1 para. 71(3) (with art. 1(3))

Modifications

C1

Sch. 5 rule 44 excluded (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 8 para. 35

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)))