Recounting of overseas votes
38.—(1)  This regulation applies if the Returning Officer made a declaration under section 49(7)(b) or (7E)(b) of the Act in an election in an electoral division.
(2)  The Returning Officer must conduct a recount of the votes cast by overseas electors at the election if the difference between the following is 2% or less of the total number of votes cast by all electors (excluding rejected votes and tendered votes) at the election:
(a)the total number of votes given by all electors to the candidate or group of candidates with the most votes;
(b)the total number of votes given by all electors to any other candidate or group of candidates.