Returning officers: correction of procedural errors
21.—(1) A constituency or a regional returning officer at an Assembly election may take such steps as he thinks appropriate to remedy any act or omission on his part, or on the part of a relevant person, which—
(a)arises in connection with any function the returning officer or relevant person has in relation to the election; and
(b)is not in accordance with the rules or any other requirements applicable to the election.
(2) But a returning officer may not under paragraph (1) re-count the votes given at an election after the result has been declared.
(3) These are the relevant persons—
(a)an electoral registration officer;
(b)in relation to a regional election, a relevant returning officer at that election;
(c)a presiding officer;
(d)a person providing goods or services to the returning officer; and
(e)a deputy of any person mentioned in sub paragraphs (a) to (c) or a person appointed to assist, or in the course of his employment assisting, such a person in connection with any function he has in relation to the election.
(4) In paragraph (3)(b), “a relevant returning officer” means—
(a)in the case of a regional returning officer taking steps under paragraph (1), a constituency returning officer at that regional election; and
(b)in the case of a constituency returning officer taking steps under paragraph (1), the regional returning officer at that regional election.
(5) Where the act or omission to be remedied is that of a relevant returning officer, then, before taking steps under paragraph (1)—
(a)the regional returning officer must consult the constituency returning officer whose act or omission is to be remedied; and
(b)a constituency returning officer must consult the regional returning officer.