Modifications etc. (not altering text)
C1Sch. 8 applied (with modifications) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 4 para. 1 Table 11 (with reg. 27)
2.—(1) In this Schedule—
“CMER” means the Constituency Members Election Rules in Schedule 5;
“LMER” means the London Members Election Rules in Schedule 6;
“MER” means the Mayoral Election Rules in Schedule 7;
“relevant election or referendum” means one or more of the following—
a Parliamentary election,
a European Parliamentary election,
a local government election (including another Authority election where more than one is taken together),
a local authority mayoral election or referendum in accordance with regulations made under sections 44 and 105, or 45 and 105, of the Local Government Act 2000 M1.
(2) If the votes at an Authority election, which is combined with a relevant election or referendum, are counted without the use of an electronic counting system, the CMER, the LMER and the MER, will have effect as if the provisions listed in column (1) of Table 1 were modified as shown in column (2).
| (1)Rule(s) | (2)Modification |
|---|---|
| [F1CMER rule 17 (ballot papers) | In paragraph (3)(a) omit “, so far as practicable for the purposes of electronic counting,”] |
| [F1LMER rule 18 (ballot papers) | In paragraph (4)(a) omit “, so far as practicable for the purposes of electronic counting,”] |
| [F1MER rule 17 (ballot papers) | In paragraph (3)(a) omit “, so far as practicable for the purposes of electronic counting,”] |
CMER rule 47 (attendance at verification and the Counting of votes) LMER rule 48 (attendance at verification and the local count) MER rule 47 (attendance at verification and the local count) | In paragraph (4)(a) omit the words “and technical assistants”. After paragraph (6) insert— “(7) In particular, where the votes are counted by sorting the ballot papers according to the candidate for whom the vote is given and then counting the number of ballot papers for each candidate, the counting agents must be entitled to satisfy themselves that the ballot papers are correctly sorted.”. |
CMER rule 49 (verification and the count) LMER rule 50 (verification and the local count) | After paragraph (1)(d) insert— “(da)separate the ballot papers relating to the election from those relating to the other Authority elections.”. After paragraph (2)(b) insert— “(c)mix together the postal ballot papers and the ballot papers from all of the containers and count the votes given on them,”. Omit paragraph (4). For paragraph (8) substitute— “(8) After completing the proceedings under paragraph (1) or (2), the CRO must mix together the ballot papers used at the election and count the votes given on them.” In paragraph (9) omit “cause the electronic counting system to”. Omit paragraph (11). |
| MER rule 49 (verification and the local count) | After paragraph (1)(d) insert— “(da)separate the ballot papers relating to the election from those relating to the other Authority elections.”. After paragraph (2)(b) insert— “(c)mix together the postal ballot papers and the ballot papers from all of the containers and count the votes given on them,”. Omit paragraph (4). For paragraph (8) substitute— “(8) After completing the proceedings under paragraph (1) and (2), the CRO must mix together all of the ballot papers used at the election in the Assembly constituency and— (a)where the election is contested by more than two candidates, count the first preference votes given on them, (b)where the election is contested by only two candidates, count the votes given on them.”. In paragraph (9) omit “cause the electronic counting system to”. Omit paragraph (11). |
CMER rule 50 LMER rule 51 (rejected ballot papers) | For paragraph (3) substitute— “(3) The CRO must endorse the word “rejected” on any ballot paper which under this rule is not to be counted, and must add to the endorsement the words “rejection objected to” if any objection to his decision is made by a counting agent.”. Omit paragraphs (4) – (10). |
MER rule 50 (rejected ballot Papers) | For paragraph (4) substitute— “(4) The CRO must endorse the word “rejected” on any ballot paper which under this rule is not to be counted, and must add to the endorsement the words “rejection objected to” if any objection to his decision is made by a counting agent.” Omit paragraphs (5) to (12). Omit subparagraph (13)(e) and for sub-paragraph (13)(d) substitute— “(d)unmarked or void for uncertainty as to the first preference vote.”. |
| LMER rule 54 (procedure at conclusion of local count) | For paragraph (2) substitute— “(2) As soon as practicable after the statement is drawn up under paragraph (1), the CRO must inform the GLRO of its contents.”. |
MER rule 53 (procedure at Conclusion of local count) | Omit paragraph (1)(c)(iii). For paragraph (2) substitute— “(2) As soon as practicable after the statement is drawn up under paragraph (1), the CRO must inform the GLRO of its contents.”. |
LMER rule 55 (attendance at allocation of seats) MER rule 54 (attendance at the central calculation) | In paragraph (2)(b) omit “or technical assistant”. |
MER rule 55 (the first calculation and resolution of equality) | For paragraph (4)(b) substitute— “(b)if paragraph 4(1) of that Schedule applies (no candidate with overall majority of first preference votes), the GLRO must direct every CRO at the election who has counted manually to count the second preference votes given as mentioned in paragraph 4(5) of that Schedule.”. In Part 5, before rule 56 insert— “The count of second preference votes56ZA.—(1) As soon as the CRO has received such a direction as is mentioned in rule 55(4)(b) he must count the number of second preference votes for each of the candidates remaining in the contest given by voters who did not give their first preference vote to any of those candidates. (2) A ballot paper which is not otherwise void and on which not more than one second preference vote is marked will be valid as respects that vote and must be counted accordingly if, but only if, a valid first preference vote has also been marked. (3) Rules 47, 49, 50, 53 and 55 will apply in relation to the count of second preference votes as they apply in relation to the count of first preference votes, and as if references to first preference votes were references to second preference votes. (4) The CRO may not be required to re-examine any decision taken under rule 50. (5) As soon as practicable after the second preference votes have been counted, the CRO must inform the GLRO of the number of second preference votes cast for each of the candidates remaining in the contest.”. |
MER rule 56 (the second calculation and resolution of equality) | For paragraph (1) substitute— “(1) As soon as the GLRO has received the information required by rule 56ZA(5) from every CRO he must comply with paragraph 4(5) and (6) of Schedule 2 to the 1999 Act.”. |
| CMER rule 54 (declaration of result) | Omit paragraphs (2) and (3). |
| LMER rule 57 (declaration of result) | Omit paragraphs (3) and (4). |
| MER rule 57 (declaration of result) | Omit paragraphs (2)(e), (4) and (5). |
Textual Amendments
F1Words in Sch. 8 rule 2(1) Table 1 inserted (8.2.2016) by The Greater London Authority Elections (Amendment) Rules 2016 (S.I. 2016/24), rules 1(2), 8(8)
Modifications etc. (not altering text)
C2Sch. 8 para. 2(1) modified (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 para. 30
Marginal Citations
M12000 c.22. Sections 44 and 45 were amended by the Political Parties, Elections and Referendums Act 2000 (c. 41).