40.—(1) Where the election is at an ordinary election, the CRO shall—
(a)in the presence of the counting agents appointed for the purposes of the constituency members election, the London members election and the Mayoral election, open each ballot box and record separately the number of ballot papers used in each election;
(b)in the presence of the election agents appointed for the purposes of those elections, verify each ballot paper account;
(c)count such of the postal ballot papers as have been duly returned and record separately the number counted at each election;
(d)separate the ballot papers relating to the constituency members election from those relating to the London members election and the Mayoral election.
(2) Where the election is not at an ordinary election, the CRO shall—
(a)in the presence of the counting agents open each ballot box and count and record the number of ballot papers in it;
(b)in the presence of the election agents verify each ballot paper account; and
(c)count such of the postal ballot papers as have been duly returned and record the number counted.
(3) The CRO shall not count the votes given on any ballot papers until—
(a)in the case of postal ballot papers, they have been mixed with the ballot papers from at least one ballot box, and
(b)in the case of ballot papers from a ballot box, they have been mixed with the ballot papers from at least one other ballot box.
(4) A postal ballot paper is not duly returned unless it is returned in the proper envelope so as to reach the CRO before the close of the poll and is accompanied by the declaration of identity duly signed and authenticated.
(5) The CRO shall not count any tendered ballot paper.
(6) The CRO, while counting and recording the number of ballot papers and counting the votes, shall keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers printed on the back of the papers.
(7) The CRO shall verify each ballot paper account by comparing it with the number of ballot papers recorded by him, and the unused and spoilt ballot papers in his possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and shall draw up a statement as to the result of the verification, which any election agent may copy.
(8) The CRO shall so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that he may, in so far as he and the agents agree, exclude the hours between 5 in the afternoon and 10 on the following morning; and for the purposes of this exception the agreement of a candidate or his election agent shall be as effective as the agreement of his counting agents.
(9) During the time so excluded the CRO shall—
(a)place the ballot papers and other documents relating to the election under his own seal and the seals of such of the counting agents as desire to affix their seals; and
(b)otherwise take proper precautions for the security of the papers and documents.