Electoral (Amendment) Act 2004

Further application of certain provisions of relevant enactments.

14

14. —(1) Without prejudice to section 12(4), in the case of a European election, Part XI of the Second Schedule to the Act of 1997 (other than paragraphs (2) to (4) of Rule 82 and Rule 89) shall apply to the counting of votes under this Act. Any reference in the Act of 1997 to a ballot paper or papers shall be construed as a reference to a vote cast on a voting machine or, in the case of a reference to postal or special voters ballot papers, a vote entered in a voting machine.

(2) Any reference to the functions referred to in that Part XI, as applied to this Act, being performed by the returning officer or local returning officer shall be construed as a reference to the performance of those functions by electronic methods.

(3) Rule 83 of the Second Schedule to the Act of 1997, as so applied, shall have effect as if the reference in that Rule to Rule 79 were a reference to section 13 of this Act and the words “, rejecting any that are invalid,” were deleted.

(4) Without prejudice to section 12(4), in the case of a local election, Part XIII of the Regulations of 1995 (other than sub-articles (2) to (5) of Article 80 and Article 87) shall apply to the counting of votes under this Act. Any reference in that Part XIII to a ballot paper shall be construed as a reference to a vote cast on a voting machine or, in the case of a reference to postal or special voters ballot papers, a vote entered in a voting machine.

(5) Any reference to the functions referred to in that Part XIII, as applied to this Act, being performed by the returning officer shall be construed as a reference to the performance of those functions by electronic methods.

(6) Article 81 of the Regulations of 1995, as so applied, shall have effect as if the reference in that Article to Article 76 were a reference to section 13 of this Act and the words “, rejecting any that are invalid,” were deleted.

(7) Without prejudice to section 12(4), in the case of a referendum, Part III of the Act of 1994 (other than subsections (1) to (4) of section 34 and section 36) shall apply to the counting of votes under this Act. Any reference in that Part III to a ballot paper or papers shall be construed as a reference to a vote cast on a voting machine or, in the case of a reference to postal or special voters ballot papers, a vote entered in a voting machine.

(8) Any reference to the functions referred to in that Part III, as applied to this Act, being performed by the returning officer or local returning officer shall be construed as a reference to the performance of those functions by electronic methods.

(9) Section 35 of the Act of 1994, as so applied, shall have effect as if the words “ section 13 of the Electoral (Amendment) Act 2004 ” were substituted for the words “section 114 of the Act of 1992 (as applied by section 33)” and the words “, rejecting any that are invalid,” were deleted.

(10) Without prejudice to section 12(4), in the case of a presidential election, Part IV of the Act of 1993 (other than sections 48 and 52) shall apply to the counting of votes under this Act. Any reference in that Part IV to a ballot paper shall be construed as a reference to a vote cast on a voting machine or, in the case of postal or special voters ballot papers, a vote entered in a voting machine.

(11) Any reference to the functions referred to in that Part IV, as applied to this Act, being performed by the local returning officer or returning officer shall be construed as a reference to the performance of those functions by electronic methods.

(12) Section 54 of the Act of 1993, as so applied, shall have effect as if the words “ section 13 of the Electoral (Amendment) Act 2004 ” were substituted for the words “section 114 of the Act of 1992 (as applied by section 47)” and the words “, rejecting any that are invalid,” were deleted.