(1)  A ballot paper is informal if –

(a) it is not authenticated by –

(i) the initials of an election official; or

(ii) an approved mark; or

(b) there is no vote recorded on the ballot paper; or

(c) the vote is recorded on the ballot paper otherwise than in accordance with section 102 ; or

(d) there is on the ballot paper a mark or writing which identifies the elector who marked that ballot paper.

(2)  If an Assembly ballot paper has preferences above the number 7 marked on it and –

(a) one or more of those numbers is omitted or duplicated; and

(b) the ballot paper would otherwise be formal –

the numbers including and above such, or the first such, omission or duplication are to be disregarded and the ballot paper is to be treated as being formal.

(3)  If a Council ballot paper having more than 3 candidates has preferences above the number 3 marked on it and –

(a) one or more of those numbers is omitted or duplicated; and

(b) the ballot paper would otherwise be formal –

the numbers including and above such, or the first such, omission or duplication are to be disregarded and the ballot paper is to be treated as being formal.

(4)  A ballot paper is not to be treated as informal or rejected at the counting of votes if, in the opinion of the returning officer, the elector's intention is clearly indicated on the ballot paper.