European Parliament Elections Act 1997
Retention and disposal of documents.
93. (1) On the completion of the counting of the votes the returning officer shall place in separate sealed packets—
(a) the counted ballot papers,
(b) the ballot papers rejected at the counting of the votes,
(c) the statements prepared in accordance with rule 75(1), and
(d) the candidates’ nomination papers, whether valid or invalid, any certificates of political affiliation or of European political affiliation, any replacement candidates lists, whether valid or invalid (other than those delivered to the F111[chief returning officer] pursuant to rule 19(7)) and any declarations F112[…] delivered to the returning officer pursuant to rules 6 and 19(2),
and shall mark on each packet particulars of its contents, the date of the polling day at the European election and the constituency to which they relate and shall as soon as practicable forward the said packets to the F111[chief returning officer].
(2) On the expiry of the seventh day after the results of the election have been declared the returning officer shall place in a sealed packet any statutory declarations transmitted to the returning officer in accordance with rule 7(2) and shall mark on the packet particulars of its contents, the date of the polling day at the European election and the constituency to which it relates, and shall as soon as practicable send the packet to the F111[chief returning officer].
(3) The local returning officer shall place in separate sealed packets —
(a) the unused and spoilt ballot papers,
(b) the ballot paper accounts,
(c) the counterfoils of ballot papers issued at polling stations,
(d) the marked copies of the register of European electors, and
(e) any authorisations to electors to vote at other polling stations,
and shall mark on each packet particulars of its contents, the date of the polling day at the European election and the constituency and county or county borough to which they relate and shall as soon as practicable forward to the F111[chief returning officer] the said packets and the packets sealed up in accordance with rules 39 and 46(2).
(4) The documents referred to in this rule including those referred to in rules 39 and 46 shall be retained by the F111[chief returning officer] for 6 months from the date of the poll at the election. At the expiration of the said period the F111[chief returning officer] shall, unless otherwise directed by an order of the High Court, or the F111[chief returning officer] has reason to believe that the documents may be required for a purpose referred to in section 20(3), cause the documents to be destroyed.
Annotations
Amendments:
F111
Substituted (1.11.2001) by Electoral (Amendment) Act 2001 (38/2001), s. 51(e)(iv)(VI), S.I. No. 497 of 2001.
F112
Deleted (22.07.2013) by Electoral, Local Government and Planning and Development Act 2013 (27/2013), s. 18(c), commenced on enactment.
