Rule 63 Ascertainment of results at a contested electionI1

England and Wales

(1)

At a contested election, the returning officer must ascertain the results of the poll in accordance with sections 8 and 9 of the 2006 Act.

(2)

The returning officer must give notice in writing to the election agents of the place and time at which the returning officer will begin to ascertain the results of the poll, together with such other information as the returning officer considers appropriate.

(3)

Unless permitted by the returning officer to attend, only the following persons may be present at the proceedings on the ascertainment of the results—

(a)

the returning officer and members of the returning officer’s staff,

(b)

each individual candidate and party list candidate and one other person chosen by each of them,

(c)

the election agents, and

(d)

any person who is entitled to attend by virtue of sections 6A to 6D of the 2000 Political Parties Act (representatives of the Electoral Commission and accredited observers).

(4)

Permission may not be given under paragraph (3) unless the returning officer—

(a)

is satisfied that the person’s attendance will not impede the efficient ascertainment of the results, and

(b)

has either consulted the election agents about whether to give permission or decided that it is not practicable to consult them.

(5)

The returning officer must give the election agents and candidates all such reasonable facilities for overseeing the proceedings, and all such information about them, including for satisfying themselves that the ascertainment of the result the returning officer is required to make is accurate, as the returning officer is able to give consistently with the orderly conduct of the proceedings and the discharge of the returning officer’s duties.

(6)

The returning officer must provisionally ascertain the results of the poll and notify that provisional ascertainment to the following persons, if present—

(a)

an individual candidate or the candidate’s election agent, and

(b)

the election agent for a registered political party standing nominated or, in absence of the agent, one of the candidates on the list submitted by that party.

(7)

A person to whom notification is given under paragraph (6) may require the returning officer to ascertain provisionally those results again, but the returning officer may refuse to do so if in the opinion of the returning officer the request is unreasonable.

(8)

No step may be taken to complete the ascertainment of the result until the persons notified under paragraph (6) have been given a reasonable opportunity to exercise the right conferred under paragraph (7).

(9)

Where the returning officer has provisionally ascertained the results again under paragraph (7), paragraphs (6) to (8) and this paragraph apply to the further provisional ascertainment.

(10)

If in ascertaining the results of the poll the returning officer is required to draw lots (see section 9(9) of the 2006 Act), the returning officer must allocate the seat to the individual candidate or party on whom the lot falls.

(11)

The returning officer is deemed to have completed ascertaining the results of the poll when, following a provisional ascertainment—

(a)

there is no request made under paragraph (7) for the returning officer to make a further provisional ascertainment, or

(b)

if there is such a request, the returning officer refuses to make a further provisional ascertainment.

Annotations

Commencement

I1: Sch. 5 rule 63 in force at 18.7.2025, see art. 1(2)