Representation of the People Act 1983

Part VU.K. Disposal of Documents

Sealing up of ballot papersU.K.

54(1)On the completion of the counting at a contested election the returning officer shall seal up in separate packets the counted and rejected ballot papers.

[F2(2)The returning officer shall 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 register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of this Act) and lists of proxies.]

Delivery of documents to [F3registration officer]U.K.

55(1)The returning officer shall then forward to the [F4relevant registration officer] the following documents—

(a)the packets of ballot papers in his 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 [F5voters with disabilities] assisted by companions, the lists of votes marked by the presiding officer and the related statements, [F6the lists maintained under rule 41A,] and the declarations made by the companions of [F5voters with disabilities],

[F7(ca)the packets of the completed corresponding number lists,]

(d)the packets of F8. . . certificates as to employment on duty on the day of the poll,

(e)the packets containing marked copies of registers [F9(including any marked copy notices issued under section 13B(3B) or (3D) of this Act)] and [F10of the postal voters list, of lists of proxies and of the proxy postal voters list] ,

[F11(f)such other documents relating to elections as are prescribed,]

endorsing on each packet a description of its contents, the date of the election to which they relate and the name of the constituency for which the election was held.

[F12(1A)In this rule and in rules 56 and 57 references to the relevant registration officer are to—

(a)the registration officer of the local authority in whose area the constituency is situated, or

(b)if the constituency comprises any part of the area of more than one local authority, the registration officer of the local authority in whose area the greater or greatest (as the case may be) number of electors is registered.]

(2)F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Orders for production of documentsU.K.

56(1)An order—U.K.

(a)for the inspection or production of any rejected ballot papers in the custody of the [F14relevant registration officer] , or

(b)for the opening of a sealed packet of [F15the completed corresponding number lists or of] certificates as to employment on duty on the day of the poll or the inspection of any counted ballot papers in his custody,

may be made—

(i)by the House of Commons; or

(ii)if 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 an election petition, by the High Court or a county court.

(2)An order for the opening of a sealed packet of [F16the completed corresponding number lists or of] certificates or for the inspection of any counted ballot papers in the [F17relevant registration officer's] custody may be made by an election court.

(3)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 House of Commons or court making the order may think expedient; but in making and carrying into effect an order for the opening of a packet of [F18the completed corresponding number lists or of] certificates or for the inspection of counted ballot papers, care shall be taken that the way in which the vote of any particular elector has been given shall not be disclosed until it has been proved—

(i)that his vote was given; and

(ii)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—

(a)to the High Court or, except in Northern Ireland, to a county court, may be exercised by any judge of the court otherwise than in open court; and

(b)in Northern Ireland to a county court, may be exercised in such manner as may be provided by rules of court.

(6)Where an order is made for the production by the [F14relevant registration officer] of any document in his possession relating to any specified election—

(a)the production by him or his agent of the document ordered in such manner as may be directed by that order shall be conclusive evidence that the document relates to the specified election; and

(b)any endorsement on any packet of ballot papers so produced shall be prima facie evidence that the ballot papers are what they are stated to be by the endorsement.

[F19(7)The production from proper custody of—

(a)a ballot paper purporting to have been used at any election, and

(b)a completed corresponding number list with a number marked in writing beside the number of the ballot paper,

shall be prima facie evidence that the elector whose vote was given by that ballot paper was the person whose entry in the register of electors (or on a notice issued under section 13B(3B) or (3D) of this Act) at the time of the election contained the same number as the number written as mentioned in sub-paragraph (b).]

(8)Save as by this rule provided, no person shall be allowed to inspect any rejected or counted ballot papers in the possession of the [F14relevant registration officer] or to open any sealed packets of [F20the completed corresponding number lists or of] certificates.

Retention and public inspection of documentsU.K.

57(1)The [F21relevant registration officer] shall retain for a year all documents relating to an election forwarded to him in pursuance of these rules by a returning officer, and then, unless otherwise directed by order of the House of Commons [F22, the High Court, the Crown Court or a magistrates' court] , shall cause them to be destroyed.E+W+S

[F23(2)The documents mentioned in paragraphs (1) and (1A) except—

(a)ballot papers,

(b)the completed corresponding number lists,

(c)certificates as to employment on duty on the day of the poll,

shall be open to public inspection.]

[F24(3)The relevant registration officer or the Chief Electoral Officer for Northern Ireland (as the case may be) must, on request, supply to any person copies of or extracts from such description of the documents open to public inspection as is prescribed by regulations.]

[F25(4)Each of the following must, on request, be supplied with a copy of the marked copies of the register, the postal voters list, the list of proxies and the proxy postal voters list—

(a)a registered party within the meaning of Part 2 of the Political Parties, Elections and Referendums Act 2000;

(b)a person who was a candidate at the election in relation to the constituency for which he was a candidate.

(5)Regulations may impose conditions in relation to—

(a)the inspection of any document in pursuance of paragraph (2);

(b)the supply of any document or part of a document in pursuance of paragraph (3);

(c)the supply of any document or part of a document in pursuance of paragraph (4).

(6)Regulations may also make provision—

(a)as to the form in which any such document or part is supplied;

(b)for the payment of a fee in respect of the supply of a document or part.

(7)Conditions which may be imposed for the purposes of paragraph (5)(a) or (b) include conditions as to—

(a)whether a person may take any copy of a document he is permitted to inspect;

(b)the manner in which any such copy is to be taken;

(c)the purposes for which information contained in any document or part of a document which is inspected or supplied in pursuance of paragraph (2) or (3) may be used.

(8)Conditions which may be imposed for the purposes of paragraph (5)(b) or (c) include conditions as to the extent to which a person to whom a document or part of a document has been supplied may—

(a)supply that document or part to any other person;

(b)disclose to any other person any information contained in the document or part;

(c)use any such information for a purpose other than that for which the document or part was supplied to him.

(9)Regulations may also impose conditions corresponding to those mentioned in paragraph (8) in respect of persons who have obtained a document or part of a document mentioned in paragraph (4)—

(a)which was supplied to another person in pursuance of paragraph (4), or

(b)otherwise than in accordance with regulations under this section.]

57(1)The [F21relevant registration officer] shall retain for a year all documents relating to an election forwarded to him in pursuance of these rules by a returning officer, and then, unless otherwise directed by order of the House of Commons or the High Court, shall cause them to be destroyed.

[F23(2)The documents mentioned in paragraphs (1) and (1A) except—

(a)ballot papers,

(b)the completed corresponding number lists,

(c)certificates as to employment on duty on the day of the poll,

shall be open to public inspection.]

[F24(3)The relevant registration officer or the Chief Electoral Officer for Northern Ireland (as the case may be) must, on request, supply to any person copies of or extracts from such description of the documents open to public inspection as is prescribed by regulations.]

[F25(4)Each of the following must, on request, be supplied with a copy of the marked copies of the register, the postal voters list, the list of proxies and the proxy postal voters list—

(a)a registered party within the meaning of Part 2 of the Political Parties, Elections and Referendums Act 2000;

(b)a person who was a candidate at the election in relation to the constituency for which he was a candidate.

(5)Regulations may impose conditions in relation to—

(a)the inspection of any document in pursuance of paragraph (2);

(b)the supply of any document or part of a document in pursuance of paragraph (3);

(c)the supply of any document or part of a document in pursuance of paragraph (4).

(6)Regulations may also make provision—

(a)as to the form in which any such document or part is supplied;

(b)for the payment of a fee in respect of the supply of a document or part.

(7)Conditions which may be imposed for the purposes of paragraph (5)(a) or (b) include conditions as to—

(a)whether a person may take any copy of a document he is permitted to inspect;

(b)the manner in which any such copy is to be taken;

(c)the purposes for which information contained in any document or part of a document which is inspected or supplied in pursuance of paragraph (2) or (3) may be used.

(8)Conditions which may be imposed for the purposes of paragraph (5)(b) or (c) include conditions as to the extent to which a person to whom a document or part of a document has been supplied may—

(a)supply that document or part to any other person;

(b)disclose to any other person any information contained in the document or part;

(c)use any such information for a purpose other than that for which the document or part was supplied to him.

(9)Regulations may also impose conditions corresponding to those mentioned in paragraph (8) in respect of persons who have obtained a document or part of a document mentioned in paragraph (4)—

(a)which was supplied to another person in pursuance of paragraph (4), or

(b)otherwise than in accordance with regulations under this section.]

Disposal of documents in ScotlandU.K.

[F2658(1)In the application of rules 55 to 57 to elections in Scotland, the references to the relevant registration officer shall be taken to be references to the relevant sheriff clerk.U.K.

(2)For the purposes of rule 55 as it applies to elections in Scotland—

(a)the documents to be forwarded in accordance with that rule may be forwarded by being—

(i)delivered to the relevant sheriff clerk by the returning officer or his agent, or

(ii)sent to the relevant sheriff clerk by recorded delivery post,

(b)on forwarding the documents, the returning officer must deliver or send to the relevant sheriff clerk along with the documents a letter specifying the number and descriptions of the documents forwarded, and

(c)where the documents are forwarded by delivery under sub-paragraph (a)(i) above, the relevant sheriff clerk must, on receipt of the documents, provide the person delivering them with a signed receipt showing the date and time of receipt.

(3)In this rule, “relevant sheriff clerk” means—

(a)the sheriff clerk of the sheriff court district in which the constituency is situated, or

(b)if the constituency comprises any part of the area of more than one sheriff court district, the sheriff clerk of such one of those districts as the Secretary of State may by order appoint.]

Disposal of documents in Northern IrelandU.K.

59In relation to an election for a constituency in Northern Ireland, any reference in this Part of these rules to the Clerk of the Crown shall be taken as a reference to the Clerk of the Crown for Northern Ireland.