Clause 13

by deleting subsections (1) and (2) and substituting the following subsections:“(1) Subject to subsection (2), each candidate nominated for an electoral division or his election agent may appoint only one counting agent to attend the counting of votes at each counting place specified for that division in the direction made under section 48A(1).(2) The principal election agent of each group of candidates nominated for a group representation constituency may, on behalf of the group, appoint only one counting agent to attend the counting of votes at each counting place specified for that constituency in the direction made under section 48A(1).(2A) The Returning Officer shall make arrangements for the counting of votes in the presence of such of the candidates and their counting agents as attend as soon as practicable —

where only one counting place is specified for an electoral division in a direction made under section 48A(1) — after he has received at that counting place all the ballot boxes used during the poll; or

where more than one counting place is specified for an electoral division in a direction made under section 48A(1) —

after the procedure in section 48 has been complied with at the close of the poll if the polling station is a counting place; and

after the Returning Officer or an Assistant Returning Officer has received at each counting place all the ballot boxes containing the votes cast at such polling station or stations specified in the direction in relation to that counting place.”;

by deleting the words “When the counting of the votes has been completed, the Returning Officer shall” in subsection (7) and substituting the words “Where only one counting place is specified for an electoral division in a direction made under section 48A(1), the Returning Officer shall, when the counting of votes has been completed,”;

by inserting, immediately after subsection (7), the following subsections:“(7A) Where more than one counting place is specified for an electoral division in a direction made under section 48A(1), an Assistant Returning Officer shall, immediately after the counting of votes or, where any candidate or his counting agent applies to the Assistant Returning Officer for a recount, after the recounting of votes, at each counting place for the electoral division —

announce to the candidates or their counting agents as attend the number of votes given to each candidate or group of candidates;

prepare a record (referred to in this Act as the record of counting) in a prescribed form containing the number of votes given to each candidate or group of candidates and other results of the counting of votes at his counting place, and certify that record;

transmit to the principal counting place for that electoral division, by any means available, the results of the counting of votes at his counting place;

seal up in separate packets the ballot papers and all other documents at the counting place relating to the poll, and, except for the sealed packet containing the record of counting, place them in any ballot box which shall then be sealed with his seal and with the seals of such of the candidates or their counting agents as attend and desire to affix their seals, and all ballot papers and documents in the ballot box shall be deemed to be scaled in pursuance of subsection (9);

despatch or deliver the sealed ballot box referred to in paragraph (d) in safe custody to the Returning Officer; and

despatch or deliver the sealed packet containing the record of counting in safe custody to the principal counting place for that electoral division.(7B) Except with the sanction of the Returning Officer, no person other than the following persons may be present at a principal counting place during the addition of votes:

the Returning Officer and such other officers and staff appointed by him to assist him in adding the votes cast for each candidate or group of candidates at the counting places and ascertaining the total number of votes given to each candidate or group of candidates at the poll; and

the candidates and their election agents or, where the votes to be added relate to a group of candidates, the group of candidates and their principal election agent.(7C) Notwithstanding subsection (7B), where a principal counting place is also a counting place, such counting agents as were present during the counting of votes may continue to be present during the addition of votes.(7D) At a principal counting place for an electoral division, the Returning Officer shall, upon receipt of the results of the counting of votes at all counting places for that electoral division, ascertain the total number of votes given to each candidate or group of candidates at the poll by adding up the number of votes recorded for each candidate or group of candidates in the said results.(7E) When the Returning Officer has ascertained the total number of votes given to each candidate or group of candidates under subsection (7D), he shall forthwith declare as having been elected the candidate or group of candidates to whom the greatest total number of votes is given.”; and

by deleting the words “Upon the completion of the counting, and after the result has been declared by him, the Returning Officer shall seal up the ballot papers and all other” in the first, second and third lines of subsection (9) and substituting the words “After the result has been declared by the Returning Officer under subsection (7) or (7E), he shall seal all”.