OpenLegislation

Rule 59 The count: generalI1

England and Wales

(1)

This rule applies where the returning officer has mixed the ballot papers under rule 55(11) or 57(4).

(2)

The result of the poll must be ascertained by counting the votes given to each candidate.

(3)

The candidate or candidates to whom more votes have been given than to the other candidates, up to the number of councillors to be elected, must be declared to have been elected.

(4)

Subject to paragraph (5), the returning officer must, so far as practicable, proceed continuously with the counting of votes, allowing only time for refreshment.

(5)

The returning officer may exclude any hours between 7 p.m. and 9 a.m. on the following morning.

(6)

During any time that is excluded, the returning officer must—

(a)

place the ballot papers and other documents relating to the election under the returning officer’s seal and the seals of any community counting agents who wish to affix their seals, and

(b)

otherwise take proper precautions for the security of the ballot papers and other documents.

Annotations

Commencement

I1

Sch. 2 rule 59 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))