European Parliament Elections Act 1997
Recount.
89. (1) Any candidate or the election agent of a candidate may, at the conclusion of any count, request the returning officer to re-examine and recount all or any of the papers dealt with during that count, and the returning officer shall re-examine and recount such papers accordingly without making any alterations in the arrangement of the papers in the various parcels, save where such alterations may be necessary in consequence of any error discovered in the recount. Nothing in this paragraph shall make it obligatory on the returning officer to re-examine or recount the same parcel of papers more than once.
(2) The returning officer may at his or her discretion recount papers either once or more often in any case in which the officer is not satisfied as to the accuracy of any count. The power under this paragraph of a returning officer to recount papers shall extend to papers dealt with at an earlier count than the immediately preceding one.
(3) (a) One request (and not more) may be made by each candidate or the election agent of the candidate for a complete re-examination and recount of all parcels of ballot papers and the returning officer shall re-examine and recount the parcels of ballot papers accordingly.
(b) In the re-examination and recount, the number or order of ballot papers in any parcel shall not be disturbed.
(c) Nothing in this paragraph shall make it obligatory on the returning officer to re-examine or recount the same parcel of papers more than once, but if an error is discovered which is, in the opinion of the returning officer, a significant error likely to affect the result of the election, the returning officer shall count all the papers afresh from the point at which the error occurred.
(d) Nothing in this paragraph shall make it obligatory on the returning officer to comply with a request by a candidate or the election agent of a candidate which, in the opinion of the returning officer, is frivolous or vexatious.
(e) A request under this paragraph may be made only at the conclusion of a count.
(4) Where an error is discovered, the returning officer shall, where necessary, amend any results previously announced by him or her.
(5) Where a request made under paragraph (3) is withdrawn by the candidate as respects whom it is made or by the election agent of the said candidate, it shall be open to the returning officer not to proceed, or to proceed further with the re-examination and recount.
