16. — The Local Elections (Petitions and Disqualifications) Act 1974, in its application to voting and vote counting under this Act, shall have effect as if the following section were substituted for section 8:

“8.—(1) The court may, for the purposes of the trial of a petition, if it thinks fit, order—

(a) that all the votes cast at the election in a local electoral area shall be counted afresh, or

(b) that all the votes so cast or recorded in cartridges or discs in particular voting machines shall be so counted,

and where the court so orders, the provisions of this section shall have effect.

(2) For the purpose of enabling such an order to be carried out, the software used for counting votes cast on voting machines shall include a capability of providing a table of the preferences recorded for each vote cast at the poll at the election, including the vote number referred to in section 13 of the Electoral (Amendment) Act 2004 and a separate record of each vote cast at the election, showing the preferences recorded on it and the vote number referred to in that section 13 and where applicable, the number at each count at which the vote was either transferred to the next available preference recorded on it or became a non-transferable vote not effective.

(3) Votes to which an order under this section relates shall be counted afresh under the direction of the court in accordance with Part XIII of the Regulations of 1995 as modified by Schedule 2 to the Electoral (Amendment) Act 2004 but subject to subsections (4), (5) and (6) of this section and to such modifications (if any) as the court considers necessary.

(4) In counting the votes afresh pursuant to an order under this section, the count shall begin without disturbing the mix carried out by the constituency vote counting machine under section 13 of the Electoral (Amendment) Act 2004.

(5) Where votes are counted afresh pursuant to an order under this section and the court decides that votes shall be added to, or removed from, the vote table the software shall be capable of so adding or removing votes so that there shall be a minimum disturbance to the mix carried out by the constituency vote counting machine prior to the original count.

(6) The court shall have power to reverse any decision of the returning officer at the original count.

(7) The costs of giving effect to an order under this section shall be paid by the local authority concerned.”.