SCHEDULE 4Combination of polls

PART 4Modifications to election rules to apply where the poll at an election of community councillors is taken together with the poll at an Assembly election under Article 16(1) or (2)

Rule 44 of community election rules (attendance at counting of votes)

58.—(1) For rule 44(1) and (2) of the community election rules substitute—

(1) Where the returning officer at the community election discharges the functions specified in paragraph 2 of Schedule 4 to the National Assembly for Wales (Representation of the People) Order 2007, he must—

(a)make arrangements for—

(i)discharging the functions under rule 45(1) (as substituted by Schedule 4 to the National Assembly for Wales (Representation of the People) Order 2007) in the presence of the counting agents appointed for the purposes of the community election and Assembly election as soon as practicable after the close of the poll; and

(ii)thereafter counting the votes at the community election in the presence of the agents appointed for that election; and

(b)give to those counting agents appointed for the purposes of the community election and Assembly election notice in writing of the time and place at which he will begin to discharge the functions under rule 45(1).

(2) Where the returning officer at the community election does not discharge the functions specified in paragraph 2 of Schedule 4 to the National Assembly for Wales (Representation of the People) Order 2007, he must—

(a)make arrangements for counting the votes in the presence of the counting agents appointed for the purposes of the community election as soon as practicable after the delivery of the ballot papers to him by the returning officer who does discharge those functions; and

(b)must give to the counting agents notice in writing of the time at which he will begin to count the votes, if by then he has received the ballot papers and the place at which the count will take place..

(2) In rule 44(3) of the community election rules after “at the counting of the votes” insert “in accordance with rule 45(1) (as substituted) or”.