{
  "url": "https://openlegislation.uk/national-assembly-for-wales-representation-of-the-people-order-2003/schedule-5/paragraph-49",
  "json_url": "https://openlegislation.uk/national-assembly-for-wales-representation-of-the-people-order-2003/schedule-5/paragraph-49.json",
  "legislation": "uksi/2003/284",
  "legislation_title": "The National Assembly for Wales (Representation of the People) Order 2003",
  "legislation_url": "https://openlegislation.uk/national-assembly-for-wales-representation-of-the-people-order-2003",
  "path": "schedule/5/paragraph/49",
  "kind": "paragraph",
  "number": "49",
  "heading": "Time of, and attendance at, counting of votes",
  "text": "(1) The constituency returning officer at an Assembly election shall—\n(a) (subject to sub-paragraph (4)) make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the close of the poll, and\n(b) give to the counting agents notice in writing—\n(i) of the time and place (or places, if the exercise of the power conferred by paragraph 50(2) means that there is more than one place) at which the proceedings described in paragraph 50(1) will begin,\n(ii) in the case where the power conferred by paragraph 50(2) is exercised, of the time and the place at which he will count the votes following completion of the proceedings described in paragraph 50(1), and\n(iii) in the case of a direction under sub-paragraph (4), of the time and the place at which he will count the votes following completion of the proceedings described in paragraph 50(1),\nand a notice under this sub-paragraph may be combined with another such notice.\n(2) At a regional election a notice under sub-paragraph (1)(b) shall also be given to the regional returning officer.\n(3) At an ordinary election a notice required under sub-paragraph (1)(b) in respect of a constituency or a regional election may be combined with such a notice in respect of the other election.\n(4) At an ordinary election where there are polls at—\n(a) a regional election, and\n(b) constituency elections in the Assembly electoral region for which the regional election is held,\nthe Secretary of State may direct that the count (excluding the proceedings described in paragraph 50(1)) in respect of each such election shall not begin before such time as is specified in the direction between the hours of 9 in the morning and noon on the day following the close of polls for those elections (disregarding any day mentioned in paragraph 2).\n(5) A direction given under sub-paragraph (4) shall be given not later than 28 days before the date of the ordinary election in question.\n(6) Where a direction is given under sub-paragraph (4), during the period beginning with the conclusion of the proceedings described in paragraph 50(1) and ending with the time specified in the direction, the constituency returning officer shall—\n(a) place the ballot papers and other documents relating to each election under his own seal and the seals of such of the counting agents as desire to affix their seals, and\n(b) otherwise take proper precautions for the security of the papers and documents.\n(7) No person other than—\n(a) the constituency returning officer and his clerks,\n(b) the candidates and their wives or husbands,\n(c) the election agents,\n(d) the counting agents, or\n(f) in the case of a regional election, the regional returning officer,\nmay be present at the proceedings described in paragraph 50(1) or at the counting of the votes, unless permitted by the constituency returning officer.\n(8) A person not entitled to attend at the proceedings described in paragraph 50(1) or at the counting of the votes shall not be permitted to do so by the constituency returning officer unless he—\n(a) is satisfied that the efficient counting of the votes will not be impeded, and\n(b) has either consulted the election agents or thought it impracticable to do so.\n(9) The constituency returning officer shall give the counting agents all such reasonable facilities for overseeing the proceedings, and all such information with respect to them, as he can give them consistently with the orderly conduct of the proceedings and the discharge of his duties in connection with them.\n(10) In particular, where the votes are counted by sorting the ballot papers according to—\n(a) a candidate for whom a vote is given in the case of a constituency election, or\n(b) an individual candidate or a registered political party for which a vote is given in the case of a regional election,\nand then counting the number of ballot papers for each such candidate or party, the counting agents shall be entitled to satisfy themselves that the ballot papers are correctly sorted.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "modified",
      "affecting": "uksi/2003/284",
      "affecting_title": "The National Assembly for Wales (Representation of the People) Order 2003"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2005/2114",
      "affecting_title": "The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2005/2114",
      "affecting_title": "The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2005/2114",
      "affecting_title": "The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2005/2114",
      "affecting_title": "The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2005/2114",
      "affecting_title": "The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2005/2114",
      "affecting_title": "The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2005/2114",
      "affecting_title": "The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 2005"
    },
    {
      "type": "words substituted",
      "affecting": "uksi/2006/884",
      "affecting_title": "The National Assembly for Wales (Representation of the People) (Amendment) Order 2006"
    },
    {
      "type": "inserted",
      "affecting": "uksi/2006/884",
      "affecting_title": "The National Assembly for Wales (Representation of the People) (Amendment) Order 2006"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2003/284/schedule/5/paragraph/49",
    "retrieved_at": "2026-10-29T06:32:23.668590+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}