Rule 63 Production etc. of documentsI1

England and Wales

(1)

This rule applies in relation to the following documents when in the custody of the registration officer (having been forwarded under rule 62)—

(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;

(c)

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);

(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;

(c)

conditions as to the place and method of inspection;

(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).

Annotations

Commencement

I1: Sch. 1 rule 63 in force at 17.12.2021, see rule 1