# The National Assembly for Wales (Representation of the People) Order 2003, Paragraph 58: Rule 38 of community election rules (attendance at counting of votes)


(1) For rule 38(1) of the community election rules there shall be substituted—
“(1) Where the returning officer at the community election discharges the functions specified in paragraph 2 of Schedule 4 to the National Assembly for Wales (Representation of the People) Order 2003, he shall make arrangements for discharging the functions under rule 39(1) (as substituted by Schedule 4 to the National Assembly for Wales (Representation of the People) Order 2003) in the presence of the counting agents appointed for the purposes of the community election as soon as practicable after the close of the poll and for thereafter counting the votes at that election in the presence of those agents; and he shall give to those counting agents notice in writing of the time and place at which he will begin to discharge the functions under rule 39(1) (as so substituted).
(1A) Where the returning officer at the community election does not discharge the functions specified in paragraph 2 of Schedule 4 to the National Assembly for Wales (Representation of the People) Order 2003, he shall make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the delivery of the ballot papers to him by the returning officer who does discharge those functions, and shall give to the counting agents notice in writing of the time after which he will begin to count the votes if by then he has received the ballot papers and of the place at which that count will take place.”.
(2) In rule 38(2) of the community election rules before “at the counting of the votes” there shall be inserted “at the proceedings under rule 39(1) (as so substituted) or”.
(3) In rule 38(3) of the community election rules before “counting of the votes” in the first place where they occur, there shall be inserted “proceedings under rule 39(1) (as so substituted) or the” and before “the efficient” there shall be inserted “the efficient separating of the ballot papers or, as the case may be,”.

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Source: https://www.legislation.gov.uk/uksi/2003/284/schedule/4/paragraph/58 (the official version)
Page: https://openlegislation.uk/national-assembly-for-wales-representation-of-the-people-order-2003/schedule-4/paragraph-58
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.