Rule 51 Procedure on close of pollI1

England and Wales

(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.

F1(2)

In the presence of any polling agents who are in the polling station, the presiding officer must—

(a)

seal each ballot box 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 seals, and

(b)

attach any ballot box key to the ballot box.

(3)

F2... 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;

(c)

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

(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);

F3(g)

the postal ballot papers and postal voting statements which have been returned by hand to the polling station, unless previously collected in accordance with regulation 79(4) of the Representation of the People (England and Wales) Regulations 2001.

F4(3A)

The presiding officer must do anything required by paragraph (3)(a), (b), (e) F5, (f) or (g) in the polling station, in the presence of any polling agents appointed for the purposes of the community election or a relevant election 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 appointed for the purposes of the community election or a relevant election who are there, or

(b)

if the presiding officer has informed the polling agents appointed for the purposes of the community election or a relevant election and given them an opportunity to attend, at any other place that the presiding officer considers appropriate, in the presence of any of those polling agents who are there.

F6(3C)

Documents sealed in accordance with paragraphs (3)(c) and (d) and (3B) may be sealed in physical packets or electronic packets, and seals that are applied to those packets may be applied physically or electronically, as appropriate.

(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.

Annotations

Textual amendments

F1: Sch. 2 rule 51(2) substituted (13.3.2026) by The Local Elections (Wales) (Amendment) Rules 2026 (W.S.I. 2026/84), rules 1(2), 101(a) (with rule 1(3))
F2: Words in Sch. 2 rule. 51(3) omitted (10.3.2022) by virtue of The Local Elections (Miscellaneous and Consequential Amendments) (Wales) Regulations 2022 (S.I. 2022/263), regs. 1(2), 3(6)(b)(i) (with reg. 12(a))
F3: Sch. 2 rule 51(3)(g) inserted (13.3.2026) by The Local Elections (Wales) (Amendment) Rules 2026 (W.S.I. 2026/84), rules 1(2), 101(b) (with rule 1(3))
F4: Sch. 2 rule 51(3A)(3B) inserted (10.3.2022) by The Local Elections (Miscellaneous and Consequential Amendments) (Wales) Regulations 2022 (S.I. 2022/263), regs. 1(2), 3(6)(b)(ii) (with reg. 12(a))
F5: Words in Sch. 2 rule 51(3A) substituted (13.3.2026) by The Local Elections (Wales) (Amendment) Rules 2026 (W.S.I. 2026/84), rules 1(2), 101(c) (with rule 1(3))
F6: Sch. 2 rule 51(3C) inserted (13.3.2026) by The Local Elections (Wales) (Amendment) Rules 2026 (W.S.I. 2026/84), rules 1(2), 101(d) (with rule 1(3))

Commencement

I1: Sch. 2 rule 51 in force at 17.12.2021, see rule 1

Notes on Schedule 2

Modifications

C1: Sch. 2 applied (with modifications) (18.7.2025) by The Senedd Cymru (Representation of the People) Order 2025 (S.I. 2025/864), art. 1(2), Sch. 3 paras. 26, 29 (with art. 1(4))