Referendum Act, 1994

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Retention and disposal of documents.

38.—(1) On the completion of the counting of the votes in a constituency, the local returning officer for the constituency shall place in separate sealed packets—

(a) the counted ballot papers,

(b) the ballot papers not counted because of invalidity under section 34 ,

(c) the unused and spoilt ballot papers, and

(d) the counterfoils of ballot papers issued at polling stations,

and shall mark on each packet particulars of its contents, the referendum to which they relate, the date of the polling day at the referendum concerned and the constituency to which they relate.

(2) The local returning officer shall also place in separate sealed packets—

(a) the marked copies of the register of electors used at polling stations,

(b) the ballot paper accounts and the statement referred to in section 114 of the Act of 1992 (as applied by section 33 ), and

(c) any authorisations issued by the local returning officer to electors pursuant to section 31 ,

and shall mark on each packet particulars of its contents, the referendum to which they relate, the date of the polling day at the referendum concerned and the constituency to which they relate.

(3) The local returning officer shall as soon as practicable, forward to the referendum returning officer the packets referred to in this section together with the packets and statement referred to in sections 76 and 83 (2) (other than paragraph (e) of that subsection) of the Act of 1992 (as applied by sections 28 and 29 ).

(4) The documents sent to the referendum returning officer in pursuance of this section shall be retained by that officer for 6 months from the date on which the provisional referendum certificate in respect of such referendum has become final. At the expiration of the said period, the referendum returning officer shall, unless otherwise directed by an order of the High Court or the referendum returning officer has reason to believe that the documents may be required for a purpose referred to in section 39 (3), cause the documents to be destroyed.