On 21/05/2013,
you requested for the version in force on 21/05/2013
incorporating all amendments published on or before 21/05/2013.
The closest version currently available is that of 01/04/2010.
PART V
COUNTING OF VOTES
32.
—(1) After the chief polling officer has complied with rules 29 and 30, he shall make arrangements for the counting of the votes at the polling place in the presence of scrutineers.
(2) The chief polling officer shall open all the poll boxes referred to in rule 29(a) and, so far as practicable, proceed continuously to counting the polling papers therein according to the votes cast and the voting value in those votes.
(3) The chief polling officer shall endorse “rejected” on any polling paper which he may reject as invalid under rule 33.
33.
—(1) The chief polling officer shall reject as invalid any polling paper —
(a)
which is unmarked or marked other than in the space provided;
(b)
which is void for uncertainty; or
(c)
which is not an unequivocal vote.
(2) Notwithstanding paragraph (1), where the chief polling officer is satisfied that any mark on the polling paper clearly indicates the intention of the voter, the chief polling officer shall not reject as invalid any polling paper on the ground solely that it has not been marked in all respects in accordance with the directions given to voters on the polling paper.
(3) Before rejecting a polling paper, the chief polling officer shall show to the scrutineers and consider their views thereon.
(4) The decision of the chief polling officer whether or not any polling paper shall be rejected shall be final.
34.
—(1) On the completion of the counting of votes cast during each polling day, the chief polling officer shall, in the presence of scrutineers —
(a)
make up into separate packets, sealed with his own seal and the seals of the scrutineers —
(i)
the counted polling papers; and
(ii)
the rejected polling papers;
(b)
prepare a daily statement of the poll in Form 3 in the Schedule, which shall be certified by the scrutineers in Form 4 in the Schedule; and
(c)
place the daily statement of the poll in an envelope which shall then each be sealed with the seals of the chief polling officer and the scrutineers in such a manner that nothing can be inserted or removed from the envelope without breaking the seals.
(2) The sealed envelope containing the daily statement of the poll for that polling day shall be placed, together with the sealed packets containing the counted, rejected and spoilt polling papers, into a container, and the container shall then also be sealed with the seals of the chief polling officer and the scrutineers in such a manner that nothing can be inserted or removed from the container without breaking the seals.
(3) The chief polling officer shall take proper precautions for the security of the envelope and container referred to in paragraphs (1)(c) and (2), respectively, and the contents therein.
35. Immediately before the poll re-opens on any subsequent polling day, the chief polling officer shall —
(a)
in the presence of scrutineers, open the container referred to in rule 30 and the sealed packets therein containing the unused polling papers and the marked copies of the register and the lists of proxies; and
(b)
in respect of the poll boxes, comply with the procedure in rule 25.
36. Where the poll is adjourned to the next polling day, only those persons who are entitled to vote at the poll but have not already so voted at the poll (in person or by proxy) shall be entitled to vote at the adjourned poll during that polling day.
37.
—(1) As soon as practicable after the last polling day, the chief polling officer shall compile the final statement of the poll which shall state the results of the poll, and such statement shall be certified by the scrutineers in Form 4 in the Schedule.
(2) For the purposes of compiling the final statement of the poll, the chief polling officer may break the seal of any envelope or container referred to in rule 34(2), 43(3)(a), 44(1)(b) or (c) or 46(2), and inspect the contents therein relating to the poll.
(3) A final statement of the poll relating to a precinct shall be in Form 5 in the Schedule and shall, within 28 days after the last polling day of the poll —
(a)
be published in the Gazette; and
(b)
be displayed on any conspicuous part of every building within the precinct.
38.
—(1) The results of a poll to establish the opinions about a Town Council’s proposal to carry out lift upgrading works in a building shall be ascertained in accordance with the formula
where A | is the total voting value in votes cast at the poll by the registered owners of beneficiary flats in the building in favour of the proposal to carry out those lift upgrading works; and |
B | is the total voting value in votes of all registered owners of beneficiary flats in the building who are entitled to vote at that poll. |
(2) For the purposes of determining the total voting value in votes of all registered owners of beneficiary flats within a building, the voting value of the vote of the senior owner among the joint registered owners of a flat who are entitled to vote in any poll shall be counted to the exclusion of the other joint owners.
39. No poll shall be invalid by reason of any failure to comply with any provision in these Rules relating to the poll if it appears that the poll was conducted in accordance with the principles laid down in that provision, and that the failure did not affect the result of the poll.