Paragraph 50 The count

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 5 modified by National Assembly for Wales (Representation of the People) 2003 Sch. 4 Pt. 2
Sch. 5 para. 12(5) words substituted by Civil Partnership Act 2004 (Amendments to Subordinate Legislation) 2005 art. 2(11) Sch. 11 para. 1(7)(a)
Sch. 5 para. 40(5)(a) words substituted by Civil Partnership Act 2004 (Amendments to Subordinate Legislation) 2005 art. 2(11) Sch. 11 para. 1(7)(b)
Sch. 5 para. 40(5)(b) words substituted by Civil Partnership Act 2004 (Amendments to Subordinate Legislation) 2005 art. 2(11) Sch. 11 para. 1(7)(c)
Sch. 5 para. 40(6)(a) words substituted by Civil Partnership Act 2004 (Amendments to Subordinate Legislation) 2005 art. 2(11) Sch. 11 para. 1(7)(d)
Sch. 5 para. 40(6)(b) words substituted by Civil Partnership Act 2004 (Amendments to Subordinate Legislation) 2005 art. 2(11) Sch. 11 para. 1(7)(e)
Sch. 5 para. 44(3)(b) words substituted by Civil Partnership Act 2004 (Amendments to Subordinate Legislation) 2005 art. 2(11) Sch. 11 para. 1(7)(f)
Sch. 5 para. 49(7)(b) words substituted by Civil Partnership Act 2004 (Amendments to Subordinate Legislation) 2005 art. 2(11) Sch. 11 para. 1(7)(g)
Sch. 5 para. 50(1) words substituted by National Assembly for Wales (Representation of the People) 2006 art. 8(a)
Sch. 5 para. 50(6A)(6B) inserted by National Assembly for Wales (Representation of the People) 2006 art. 8(b)

(1)

Where voters have been entitled at an ordinary election to give two votes in an Assembly constituency, the constituency returning officer shall—

(a)

in the presence of the counting agents appointed for the purposes of each election open each ballot box and count and record separately the number of ballot papers in those boxes for each election,

(b)

in the presence of the election agents appointed for the purposes of each election verify each ballot paper account,

(c)

count such of the postal ballot papers as have been duly returned and record separately the number counted for each election, and

(d)

separate the ballot papers relating to each election.

(2)

The proceedings described in sub-paragraph (1) may be undertaken at a different place (or at different places) than a place at which the votes given on ballot papers are counted.

(3)

But if the power is so exercised, during the period beginning with the conclusion of the proceedings described in sub-paragraph (1) and ending with the commencement of proceedings described in sub-paragraph (4), the constituency returning officer shall—

(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

(b)

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

(4)

Subject to sub-paragraphs (2) and (3), following completion of the proceedings described in sub-paragraph (1) the constituency returning officer shall in respect of the ballot papers relating to each election mix together all the ballot papers used at that election and count the votes given on them.

(5)

A postal ballot paper shall not be taken to be duly returned unless before the close of the poll—

(a)

it is returned, and

(b)

the declaration of identity duly signed and authenticated is returned,

by hand to a polling station in the same constituency, or by hand or by post to the constituency returning officer.

(6)

The presiding officer of the polling station shall deliver or cause to be delivered any postal ballot paper or declaration of identity returned to that polling station to the constituency returning officer in the same manner and at the same time as he delivers, or causes to be delivered, the packets referred to in paragraph 48.

(7)

The constituency returning officer shall not count any tendered ballot paper.

(8)

The constituency returning officer, while counting and recording the number of ballot papers and counting the votes, shall keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers printed on the back of the papers.

(9)

The constituency returning officer shall verify each ballot paper account by comparing it with the number of ballot papers recorded by him, and the unused and spoilt ballot papers in his possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and shall draw up a statement as to the result of the verification, which any election agent appointed for the purposes of that election may copy; but where the power conferred by sub-paragraph (2) is exercised in respect of more than one place a statement shall be drawn up in respect of each such place.

(10)

The constituency returning officer shall so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that he may, in so far as he and the agents appointed for the purpose of that election agree, exclude the hours between 7 in the evening and 9 on the following morning.

For the purposes of this exception the agreement of—
1. (a)
  
  in the case of a constituency election, a candidate or his election agent, or
2. (b)
  
  in the case of a regional election, an individual candidate or his election agent or the election agent for a group of party list candidates,
shall be as effective as the agreement of his counting agents.

(11)

During the time so excluded the constituency returning officer shall—

(a)

place the ballot papers and other documents relating to the election under his own seal and the seals of such of the counting agents as desire to affix their seals, and

(b)

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

(12)

Where sub-paragraph (1) does not apply—

(a)

sub-paragraph (13) shall apply in its place,

(b)

the references in sub-paragraphs (2) and (3) and in paragraph 49(1), (7) and (8) to sub-paragraph (1) shall be construed as references to sub-paragraph (13),

(c)

“each election” in sub-paragraph (3)(a) shall be construed as “the election”, and

(d)

sub-paragraph (14) shall apply in place of sub-paragraph (4) and the reference to sub-paragraph (4) in sub-paragraph (3) shall be construed as a reference to sub-paragraph (14).

(13)

The constituency returning officer shall—

(a)

in the presence of the counting agents open each ballot box and count and record the number of ballot papers in those boxes,

(b)

in the presence of the election agents verify each ballot paper account, and

(c)

count such of the postal ballot papers as have been duly returned and record the number counted.

(14)

Subject to sub-paragraphs (2) and (3), following completion of the proceedings described in sub-paragraph (13) the constituency returning officer shall count the votes given on the ballot papers after—

(a)

in the case of postal ballot papers, they have been mixed with the ballot papers from at least one ballot box, and

(b)

in the case of ballot papers from a ballot box, they have been mixed with the ballot papers from at least one other ballot box.