Textual Amendments
F1Sch. 7 inserted (6.4.2013) by The Neighbourhood Planning (Referendums) (Amendment) Regulations 2013 (S.I. 2013/798), regs. 1, 7, Sch. 2
69.—(1) This rule applies where rule 70 does not apply.
(2) When the result of the poll has been ascertained, the counting officer must forthwith—
(a)declare the result of the business referendum;
(b)inform the proper officer of the relevant council of the result of the business referendum;
(c)give public notice of—
(i)the result of the business referendum;
(ii)the number of ballot papers counted;
(iii)the total number of votes cast for each answer; and
(iv)the number of rejected ballot papers under each head shown in the statement of rejected ballot papers.
70.—(1) This rule applies where the referendum area comprises any part of the area of more than one relevant council.
(2) When the Chief Counting Officer is satisfied the result of the poll has been ascertained, the Chief Counting Officer must direct the counting officers to draw up a final statement of the matters referred to in rule 65(3) and to provide final versions of their statements of rejected ballot papers.
(3) The counting officer, having drawn up the final statement, must—
(a)forthwith inform the Chief Counting Officer of its contents; and
(b)as soon as reasonably practicable give the Chief Counting Officer notice of the number of rejected ballot papers under each head shown in the final statement of rejected ballot papers.
(4) When authorised by the Chief Counting Officer to do so, each counting officer must—
(a)make a declaration of the matters referred to in the final statement; and
(b)give public notice of those matters together with the number of rejected ballot papers under each head shown in the final statement of rejected ballot papers.
(5) The Chief Counting Officer, having received notification of the final statement from each counting officer referred to in paragraph (2) must—
(a)draw up a statement of—
(i)the total number of ballot papers counted, and
(ii)the total number of votes cast in favour of each answer to the question asked,
in respect of the business referendum;
(b)declare the result of the business referendum;
(c)inform the proper officer of each relevant council of the result of the business referendum;
(d)give public notice of—
(i)the result of the business referendum;
(ii)the number of ballot papers counted;
(iii)the total number of votes cast for each answer; and
(iv)the number of rejected ballot papers under each head shown in the statement of rejected ballot papers.
71.—(1) On the completion of the counting at a business referendum the counting officer must seal up in separate packets the counted and rejected ballot papers.
(2) The counting officer must not open the sealed packets of—
(a)tendered ballot papers;
(b)the completed corresponding number lists;
(c)certificates as to employment on duty on the day of the poll; or
(d)marked copies of the business voting register.
72. The counting officer must then forward to the business registration officer the following documents—
(a)the packets of ballot papers in the counting officer’s possession;
(b)the ballot paper accounts and the statements of rejected ballot papers and of the result of the verification of the ballot paper accounts;
(c)the tendered votes lists, the lists of named voters with disabilities assisted by companions, the lists of votes marked by the presiding officer and the related statements, the lists maintained under rule 60, and the declarations made by the companions of named voters with disabilities;
(d)the packets of the completed corresponding number lists;
(e)the packets of certificates as to employment on duty on the day of the poll; and
(f)the packets containing marked copies of business voting registers and voters lists,
endorsing on each packet a description of its contents, the date of the business referendum, the words “neighbourhood planning business referendum” and the name of the neighbourhood area to which the business referendum relates.
73.—(1) An order—
(a)for the inspection or production of any rejected ballot papers in the custody of the business registration officer; or
(b)for the opening of a sealed packet of the completed corresponding number lists or certificates as to employment on duty on the day of the poll or for the inspection of any counted ballot papers in the business registration officer’s custody,
may be made by a county court or the High Court, if the court is satisfied by evidence on oath that the order is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers or for the purpose of proceedings brought as mentioned in section 61N(3) of the 1990 Act.
(2) An order under this rule may be made subject to such conditions as to—
(a)persons;
(b)time;
(c)place and mode of inspection;
(d)production or opening,
as the court making the order may think expedient.
(3) In making and carrying into effect an order for the opening of a packet of the completed corresponding number lists or of certificates as to employment on duty on the day of the poll or for the inspection of counted ballot papers, care must be taken that the way in which the vote of any particular named voter or business vote holder has been given is not disclosed until it has been proved—
(a)that their vote was given; and
(b)that the vote has been declared by a competent court to be invalid.
(4) An appeal lies to the High Court from any order of a county court under this rule.
(5) Any power given under this rule to a county court may be exercised by any judge of the court otherwise than in open court.
(6) Where an order is made for the production by the business registration officer of any document in the business registration officer’s possession relating to any specified business referendum—
(a)the production by the business registration officer or that officer’s agent of the document ordered in such manner as may be directed by that order is conclusive evidence that the document relates to the specified business referendum; and
(b)any endorsement on any packet of ballot papers so produced is prima facie evidence that the ballot papers are what they are stated to be by the endorsement.
(7) The production from proper custody of—
(a)a ballot paper purporting to have been used at any business referendum; and
(b)a completed corresponding number list with a number marked in writing beside the number of the ballot paper,
is prima facie evidence that the person whose vote was given by that ballot paper was the person whose entry in the business voting register at the time of the business referendum contained the same number as the number written as mentioned in sub-paragraph (b) of this paragraph.
(8) Save as by this rule provided, no person is to be allowed to inspect any rejected or counted ballot papers in the possession of the business registration officer or open any sealed packets of the completed corresponding number lists or of certificates as to employment on duty on the day of the poll.
74. The business registration officer must retain for one year all documents relating to a business referendum forwarded to that officer in pursuance of these Rules by a counting officer, and then, unless otherwise directed by an order of a county court, the Crown Court, a magistrates’ court or an election court, must cause them to be destroyed.]