Breach of official duty and power to correct procedural errors
As the CRO you are subject to breach of official duty provisions. This means that if you or your appointed deputies are, without reasonable cause, guilty of any act or omission in breach of official duty you (and/or they) are liable on summary conviction to an unlimited fine.1
You have the power to take such steps as you think appropriate to remedy acts or omissions that arise in connection with your electoral functions that are not in accordance with the rules or any other requirements applicable to the election.2
This power allows you to correct procedural errors that are made by you, as CRO, an ERO, a BRO, a Presiding Officer or a person providing goods or services to you/them. This power does not extend to correcting errors made by candidates or agents. For more information on mistakes made during the nomination process by candidates and agents, please see our guidance on the correcton of minor errors.
A procedural error refers to an error someone has made during the process of planning or delivering the election, which may affect the election process or result. For example, incorrect information on poll cards or ballot papers, or postal or polling station ballot papers being issued in error or not issued when they should have been. The above examples are not exhaustive and you should contact your local Commission team for support and advice if you think you may have made a mistake that could be corrected using this power. You should also seek your own independent legal advice.
Where you remedy a procedural act or omission in full using your power to correct a procedural error, you will not be guilty of an offence of breach of official duty. You should remember that the power to correct procedural errors does not enable you to recount the votes once the constituency result has been declared.3