Electoral Reform Act 2022

• Permanent Page URL

Amendment of Local Elections Regulations 1995

203. (1) Article 49 of the Local Elections Regulations 1995 is amended—

(a) by the deletion of sub-articles (1) and (2),

(b) in sub-article (3)—

(i) by the insertion of “at an election” after “Where a poll is to be taken”,

(ii) in paragraph (a), by the insertion of—

(I) “sudden onset of” before “stress of weather”, and

(II) “unforeseen” before “transport difficulties”,

and

(c) by the deletion of sub-article (4).

(2) Article 50 of the Local Elections Regulations 1995 is amended—

(a) by renumbering the existing article as sub-article (1), and

(b) by the insertion of the following sub-article after sub-article (1):

“(2) Where an order is made under section 26(2A) of the Local Government Act 2001 , the returning officer for the election in the local electoral area in which the island is situated shall give public notice in the polling district in which the island is situated stating the day fixed under section 26(2) of that Act on which, and the period shortened by the order under section 26(2A) of that Act during which, the poll shall be taken on the island.”.

(3) Article 76 of the Local Elections Regulations 1995 is amended by the substitution of the following sub-article for sub-article (3):

“(3) (a) The ballot papers extracted by the returning officer from each ballot box shall be counted and their total number shall be compared with the number shown in the appropriate ballot paper account.

(b) Where ballot boxes from a polling station situated on an island have not reached the place appointed for the counting of votes under article 74(2) at or before the time specified in article 74(1), due to stress of weather or transport difficulties, the returning officer shall, in respect of the other ballot boxes, proceed in accordance with sub-articles (1), (1A), (2) and paragraph (a).

(c) When all the ballot boxes, including all those from polling stations situated on an island, have reached the place appointed for the counting of votes under article 74(2) and been dealt with in accordance with sub-articles (1), (1A), (2) and paragraph (a), the returning officer shall prepare a statement showing the result of the comparison referred to in paragraph (a) in respect of all the ballot boxes and shall include particulars of the ballot papers, if any, transmitted to the said officer pursuant to sub-article (2) and the returning officer shall, on request, allow the agent of any candidate to copy the statement.”.