Citation, commencement and interpretation

1. —(1) This Order may be cited as the Scottish Parliamentary Elections (Returning Officers' Charges) Order 2003 and shall come into force on 12th February 2003.

(2) In this Order–

“the 1983 Act” means the Representation of the People Act 1983;

“the 2002 Order” means the Scottish Parliament (Elections etc.) Order 2002;

“by election” means an election held to fill the vacant seat of a constituency member of the Scottish Parliament under section 9 of the Scotland Act 1998( 3 );

“combined polls” means the poll at a Scottish parliamentary election and the poll at a local government election when they are taken together under article 14 of the 2002 Order;

“constituency returning officer” means the officer who, in accordance with article 15 of the 2002 Order, is the constituency returning officer for a Scottish parliamentary election;

“general election” means an ordinary general election for membership of the Scottish Parliament;

“regional returning officer” means a regional returning officer for the purposes of the Scotland Act 1998( 4 );

“Scottish parliamentary election” means an election for membership of the Scottish Parliament,

and other expressions used in this Order which are also used in the Scotland Act 1998 have the same meaning in this Order as they have in that Act.

(3) Any reference to the register of electors is to the register of local government electors used at the election at which the services were rendered or expenses were incurred and is a reference to that register as it has effect on the last day for publication of notice of that election.

Revocation

2.The Scottish Parliamentary Elections (Returning Officers' Charges) Order 1999( 5 ) is hereby revoked.

Constituency returning officers

3. —(1) For the purposes of paragraph (a) of section 29(3) of the 1983 Act as applied and modified by article 19 of the 2002 Order–

(a) the services of a constituency returning officer which are of a kind described in Part A of the Schedule (hereafter referred to as “services specified in Part A of the Schedule”);

(b) the expenses of a constituency returning officer which are of a kind described in paragraphs 1(1), 2(1), 3(1) and 4 of Part B of the Schedule (hereafter referred to as “expenses specified in Part B of the Schedule”); and

(c) the expenses of a constituency returning officer which are of a kind described in Part C of the Schedule,

are hereby specified.

(2) The maximum recoverable amounts of a constituency returning officer at a contested election in respect of the services specified in Part A of the Schedule or the expenses specified in Part B of the Schedule are hereby specified as–

(a) in the case of a general election, the amounts set out in column 2 of those Parts; and

(b) in the case of a by-election, the amounts set out in column 3 of those Parts,

in respect of each entry set out opposite thereto in column 1 of those Parts.

Regional returning officers

4. —(1) For the purposes of paragraph (a) of section 29(3) of the 1983 Act as applied and modified by article 19 of the 2002 Order–

(a) the services of a regional returning officer in conducting a general election and discharging his duties;

(b) the expenses of a regional returning officer in respect of the payment of persons employed in connection with the calculation of regional figures for the purpose of section 7 of the Scotland Act 1998 and the allocation of seats to regional members under section 8 of that Act;

(c) the travelling and overnight subsistence expenses of–

(i) a regional returning officer;

(ii) officers whose services are placed at a regional returning officer’s disposal under article 16(2) of the 2002 Order;

(iii) clerical and other assistants employed by a regional returning officer;

(d) the expenses of a regional returning officer in printing or otherwise producing the ballot papers;

(e) the expenses of a regional returning officer in printing or otherwise producing and, where appropriate, publishing notices and other documents required by the 2002 Order; and

(f) the expenses of a regional returning officer in the provision of stationery and writing implements and the expenses of postage, telephone and bank charges and other miscellaneous items,

are hereby specified.

(2) The maximum recoverable amounts of a regional returning officer at a contested election are hereby specified as–

(a) £549.70 in respect of the services in paragraph (1)(a); and

(b) £439.76 in respect of the expenses specified in paragraph (1)(b).

Uncontested elections – regional returning officers

5. Where the return of regional members at a general election is uncontested, the maximum recoverable amounts of a regional returning officer are hereby specified as–

(a) £85.75 in respect of the services specified in paragraph (1)(a) of article 4; and

(b) £211.79 in respect of the expenses specified in paragraph (1)(b) of article 4.

Uncontested elections – constituency returning officers

6. —(1) Where, at a general election, the return of regional members or, as the case may be, the return of constituency members is uncontested, the maximum recoverable amounts of a constituency returning officer in respect of–

(a) the services specified in Part A of the Schedule; and

(b) the expenses specified in Part B of the Schedule,

are hereby specified as the amounts which are the same as the amounts set out in column 3 of those Parts in respect of each entry set out opposite thereto in column 1 of those Parts.

(2) Where the return of a constituency member at a by-election is uncontested, or, as the case may be, where at a general election the return of regional members and the return of constituency members are both uncontested, the maximum recoverable amounts of a constituency returning officer are hereby specified as–

(a) £428.77 in respect of the services specified in Part A of the Schedule; and

(b) £1058.99 in respect of the expenses specified in Part B of the Schedule.

Articles 3 and 6

SCHEDULE SERVICES AND EXPENSES IN RESPECT OF WHICH A CONSTITUENCY RETURNING OFFICER AT A SCOTTISH PARLIAMENTARY ELECTION MAY RECOVER HIS CHARGES

PART A Services of Constituency Returning Officer for which maximum recoverable amounts are specified

PART B Expenses of Constituency Returning Officer for which maximum recoverable amounts are specified

PART C Expenses of Constituency Returning Officer for which no maximum recoverable amounts are specified

1. Travelling and overnight subsistence expenses of–

(a) the constituency returning officer;

(b) officers whose services are placed at the constituency returning officer’s disposal under article 16(1) of the 2002 Order;

(c) presiding officers and poll clerks; and

(d) clerical and other assistants employed by the constituency returning officer.

2. Expenses in printing or otherwise producing the ballot papers.

3. Expenses in printing or otherwise producing the official poll cards and notifications and in delivering them to the voters, excluding the expenses referred to in paragraph 3(1) of Part B of this Schedule.

4. Expenses in printing or otherwise producing and, where appropriate, publishing notices and other documents required by the 2002 Order.

5. Expenses in renting, heating, lighting and cleaning any building or room.

6. Expenses in adapting any building or room and in restoring it to a fit condition for its normal use.

7. Expenses in the provision of voting compartments and any other furniture necessary for polling stations.

8. Expenses in the provision of ballot boxes and instruments to stamp the official mark on the ballot papers.

9. Expenses in the provision of mail sort trays for the purpose of sorting the ballot papers at the count.

10. Expenses in the conveyance to and from the polling stations of–

(a) the ballot boxes and ballot papers; and

(b) the voting compartments, any other furniture necessary for polling stations and the instruments to stamp the official mark on the ballot papers.

11. Expenses in the provision of stationery and writing implements and the expenses of postage, telephone and bank charges and other miscellaneous items.

12. Expenses in the provision to each polling station of the large version of the ballot papers and the device enabling blind or partially sighted voters to vote without the assistance of others.

13. Expenses in connection with the provision of security measures.

14. Expenses in the supply of copies of the register of electors for use in the conduct of the election.