Rule 57 Opening of containers etc. where returning officer is not the co-ordinating returning officerI1
England and Wales
This rule applies where the returning officer is not the co-ordinating returning officer.
On receipt of the containers of ballot papers from the returning officer who is the co-ordinating returning officer, and after the time specified in the notice given under rule 56(3), the returning officer must open each container in the presence of the community counting agents.
Where the proceedings on the issue and receipt of postal ballot papers are not taken together with those proceedings at a relevant election under regulation 65 of the Representation of the People (England and Wales) Regulations 2001f1 or under that regulation as applied by regulations under section 44 of the Local Government Act 2000f2, the returning officer must count the postal ballot papers that have been properly returned and record the number counted.
The returning officer must then mix together all the postal ballot papers and all the ballot papers from the containers.
Annotations
Commencement
- I1
Sch. 2 rule 57 in force at 17.12.2021, see rule 1
Footnotes
- f1
S.I. 2001/341. Regulation 65 was amended by paragraph 16(4) of Schedule 2 to the Local Government and Elections (Wales) Act 2021.
- f2
2000 c. 22. Section 44 was amended by paragraph 18(2) of Schedule 21 to the Political Parties, Elections and Referendums Act 2000. Functions of a Minister of the Crown under section 44, so far as exercisable within devolved competence, were transferred to the Welsh Ministers by article 45 of, and Schedule 1 to, the Welsh Ministers (Transfer of Functions) Order 2018 (S.I. 2018/644).
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))