38(1)The counting officer must make arrangements for counting the ballot papers and carrying out the other functions conferred by paragraph 42 in the presence of the counting agents.U.K.
(2)The counting officer must give the counting agents notice in writing of the time and place at which the proceedings under paragraph 42 will begin.
(3)A person may be present at the proceedings under paragraph 42 only if—
(a)the person is entitled to be present at the counting of the votes for the referendum or a relevant election, or
(b)the person is permitted by the counting officer to attend.
(4)The counting officer may give a person permission under sub-paragraph (3)(b) only if—
(a)the officer is satisfied that the person's attendance will not impede the efficient conduct of the proceedings, and
(b)the officer has consulted the referendum agents and election agents or thought it impracticable to do so.
(5)The counting officer must give the counting agents—
(a)whatever reasonable facilities for overseeing the proceedings, and
(b)whatever information with respect to the proceedings,
the officer can give them consistently with the orderly conduct of the proceedings and the discharge of the officer's duties.
39U.K.Rule 39(1) of the referendum rules (arrangements for the counting of votes in the referendum) has effect with the omission of the words “after the close of the poll”.
40(1)The returning officer for a relevant election must make arrangements for counting the votes in the presence of the counting agents for the relevant election as soon as practicable after receiving the ballot papers from the counting officer under paragraph 43.U.K.
(2)The returning officer must give the counting agents for the relevant election notice in writing of the time and place at which the counting of the votes for the relevant election will begin.
(3)A person may be present at the counting of the votes for a relevant election only if—
(a)the person is permitted by the returning officer to attend, or
(b)the person would be entitled to be present at the counting of votes for the relevant election if it were taken on its own.
(4)The returning officer may give a person permission under sub-paragraph (3)(a) only if—
(a)the officer is satisfied that the person's attendance will not impede the efficient counting of the votes, and
(b)the officer has consulted the election agents or thought it impracticable to do so.
(5)The returning officer must give the counting agents for the relevant election—
(a)whatever reasonable facilities for overseeing the proceedings, and
(b)whatever information with respect to the proceedings,
the officer can give them consistently with the orderly conduct of the proceedings and the discharge of the officer's duties.
(6)In particular, where the votes are counted by sorting the ballot papers into lots according to the votes marked on them and then counting the number of ballot papers in each lot, the counting agents for the relevant election are entitled to satisfy themselves that the ballot papers are correctly sorted.
41U.K.Paragraphs 38 and 40 apply instead of—
(a)rule 44 of the Local Elections (Combination of Polls) Rules;
(b)rule 44 of the Parish Elections (Combination of Polls) Rules;
(c)rule 37 of the Local Referendums (Combination of Polls) Rules;
(d)rule 46 of the Mayoral Elections (Combination of Polls) Rules.