Statutory Instruments
2011 No. 1013 (S. 2)
Constitutional Law
Devolution, Scotland
Representation Of The People
The Scottish Parliament (Returning Officers’ Charges) Order 2011
Made
30th March 2011
Coming into force
31st March 2011
The Secretary of State, in exercise of the powers conferred by section 29(3), (3A) and (4C) of the Representation of the People Act 1983( 1 ), as applied and modified by article 18 of the Scottish Parliament (Elections etc. ) Order 2010( 2 ), makes the following Order with the consent of the Treasury( 3 ):
Citation and commencement
1. This Order may be cited as the Scottish Parliament (Returning Officers’ Charges) Order 2011 and shall come into force on the day after the day on which it is made.
Interpretation
2. —(1) In this Order—
“the 1983 Act” means the Representation of the People Act 1983;
“the 2010 Order” means the Scottish Parliament (Elections etc.) Order 2010;
“combined” means taken together with another poll under article 13 of the 2010 Order (combination of polls) or section 4 of the Parliamentary Voting System and Constituencies Act 2011( 4 ) (combination of polls);
“constituency” means a constituency provided for by Schedule 1 to the Scotland Act 1998( 5 );
“constituency returning officer” means the person who is, in accordance with article 14 of the 2010 Order, the constituency returning officer for a Scottish parliamentary election;
“regional returning officer” means a regional returning officer for the purposes of the Scotland Act 1998( 6 ); and
“Scottish parliamentary election” means an election for membership of the Scottish Parliament.
(2) In this Order, references to section 29 of the 1983 Act (payments by and to returning officer) are to that section as applied and modified by article 18 of the 2010 Order.
Constituency Returning Officers
Overall maximum recoverable amount
3. For the purposes of section 29(3)(b) of the 1983 Act the overall maximum recoverable amount for the constituency returning officer for a constituency is—
(a) where the poll at a Scottish parliamentary election is not combined, the amount listed opposite that constituency in column 4 of the table in the Schedule;
(b) where the poll at a Scottish parliamentary election is combined, the amount so listed in column 7 of that table; or
(c) where the election is uncontested, £1,888.
Maximum recoverable amount for specified services
4. —(1) For the purposes of section 29(3A) of the 1983 Act the maximum recoverable amount for the services specified in paragraph (2) for the constituency returning officer for a constituency is—
(a) where the poll at a Scottish parliamentary election is not combined, the amount listed opposite that constituency in column 2 of the table in the Schedule;
(b) where the poll at a Scottish parliamentary election is combined, the amount so listed in column 5 of that table; or
(c) where the election is uncontested, £544.
(2) The specified services are—
(a) conducting the election;
(b) discharging the constituency returning officer’s duties at the election; and
(c) making arrangements for the election.
Maximum recoverable amount for specified expenses
5. —(1) For the purposes of section 29(3A) of the 1983 Act the maximum recoverable amount for the expenses specified in paragraph (2) for the constituency returning officer for a constituency is—
(a) where the poll at a Scottish parliamentary election is not combined, the amount listed opposite that constituency in column 3 of the table in the Schedule;
(b) where the poll at a Scottish parliamentary election is combined, the amount so listed in column 6 of that table; or
(c) where the election is uncontested, £1,344.
(2) The specified expenses are—
(a) the appointment and payment of persons to assist the constituency returning officer;
(b) travel and overnight subsistence for the constituency returning officer and any person appointed to assist the constituency returning officer;
(c) the costs of the nomination process;
(d) printing or otherwise producing the ballot papers;
(e) printing, producing or purchasing postal vote stationery;
(f) printing or otherwise producing and arranging for the delivery of poll cards;
(g) printing or otherwise producing and, where appropriate, publishing notices and any other documents required by any enactment for or in connection with the election;
(h) renting, heating, lighting, cleaning, adapting, or restoring any building or room;
(i) providing and transporting equipment;
(j) providing information and communications technology equipment and software and associated costs;
(k) providing security, including any necessary secure storage of ballot boxes, ballot papers and verification documents;
(l) conducting the verification and the count;
(m) providing and receiving training; and
(n) providing stationery and meeting postage, telephone, printing, translation and banking costs and the costs of other miscellaneous items.
Regional Returning Officers
Overall maximum recoverable amount
6. For the purposes of section 29(3)(b) of the 1983 Act the overall maximum recoverable amount for a regional returning officer is—
(a) where the election is contested, £1,255; or
(b) where the election is uncontested, £378.
Maximum recoverable amount for specified services
7. —(1) For the purposes of section 29(3A) of the 1983 Act the maximum recoverable amount for the services specified in paragraph (2) for a regional returning officer is—
(a) where the election is contested, £697; or
(b) where the election is uncontested, £109.
(2) The specified services are—
(a) discharging the regional returning officer’s duties at the election; and
(b) making arrangements for the election.
Maximum recoverable amount for specified expenses
8. —(1) For the purposes of section 29(3A) of the 1983 Act the maximum recoverable amount for the expenses specified in paragraph (2) for a regional returning officer is—
(a) where the election is contested, £558; or
(b) where the election is uncontested, £269.
(2) The specified expenses are—
(a) the appointment and payment of persons to assist the regional returning officer;
(b) travel and overnight subsistence for the regional returning officer and any person appointed to assist the regional returning officer;
(c) printing or otherwise producing and, where appropriate, publishing notices and any other documents required by any enactment for or in connection with the election;
(d) renting, heating, lighting, cleaning, adapting or restoring any building or room;
(e) providing and transporting equipment;
(f) providing training; and
(g) providing stationery and meeting postage, telephone, printing, translation and banking costs and the costs of other miscellaneous items including those which are incurred in collating the results of the election.
Revocation
9.The Scottish Parliamentary Elections (Returning Officers’ Charges) Order 2007( 7 ) is revoked.
Signed by authority of the Secretary of State
DAVID MUNDELL
Parliamentary Under Secretary of State
Scotland Office
Dover House
29 March 2011
We consent
MICHAEL FABRICANT
BROOKS NEWMARK
Two of the Lords Commissioners of Her Majesty’s Treasury
30 March 2011
Articles 3, 4 and 5
SCHEDULE Overall maximum recoverable amounts and maximum recoverable amounts for returning officers’ specified services and specified expenses for Scottish Parliament constituencies
| (1) | (2) | (3) | (4) | (5) | (6) | (7) |
|---|---|---|---|---|---|---|
POLL AT SCOTTISH PARLIAMENTARY ELECTION TAKEN ALONE | POLL AT SCOTTISH PARLIAMENTARY ELECTIONCOMBINED WITH ANOTHER POLL | |||||
| Constituency | Maximum recoverable amount for the specified services | Maximum recoverable amount for the specified expenses | Overall maximum recoverable amount | Maximum recoverable amount for the specified services | Maximum recoverable amount for the specified expenses | Overall maximum recoverable amount |
| Aberdeen Central | £2,682 | £145,968 | £148,650 | £2,682 | £111,145 | £113,827 |
| Aberdeen Donside | £2,668 | £141,395 | £144,063 | £2,668 | £108,027 | £110,695 |
| Aberdeen South and North Kincardine | £2,606 | £138,215 | £140,821 | £2,606 | £107,069 | £109,675 |
| Aberdeenshire East | £2,628 | £156,309 | £158,937 | £2,628 | £116,031 | £118,659 |
| Aberdeenshire West | £2,550 | £157,313 | £159,863 | £2,550 | £116,145 | £118,695 |
| Airdrie and Shotts | £2,500 | £130,858 | £133,358 | £2,500 | £95,905 | £98,405 |
| Almond Valley | £2,887 | £155,883 | £158,770 | £2,887 | £116,056 | £118,943 |
| Angus North and Mearns | £2,500 | £143,617 | £146,117 | £2,500 | £105,250 | £107,750 |
| Angus South | £2,611 | £156,469 | £159,080 | £2,611 | £113,975 | £116,586 |
| Argyll and Bute | £2,500 | £180,087 | £182,587 | £2,500 | £126,115 | £128,615 |
| Ayr | £2,943 | £161,407 | £164,350 | £2,943 | £124,792 | £127,735 |
| Banffshire and Buchan Coast | £2,698 | £152,470 | £155,168 | £2,698 | £114,536 | £117,234 |
| Caithness, Sutherland and Ross | £2,676 | £164,710 | £167,386 | £2,676 | £117,655 | £120,331 |
| Carrick, Cumnock and Doon Valley | £2,863 | £162,302 | £165,165 | £2,863 | £122,908 | £125,771 |
| Clackmannanshire and Dunblane | £2,500 | £146,201 | £148,701 | £2,500 | £106,228 | £108,728 |
| Clydebank and Milngavie | £2,563 | £146,382 | £148,945 | £2,563 | £106,566 | £109,129 |
| Clydesdale | £2,715 | £148,679 | £151,394 | £2,715 | £110,596 | £113,311 |
| Coatbridge and Chryston | £2,500 | £121,939 | £124,439 | £2,500 | £90,820 | £93,320 |
| Cowdenbeath | £2,579 | £131,677 | £134,256 | £2,579 | £99,212 | £101,791 |
| Cumbernauld and Kilsyth | £2,500 | £115,666 | £118,166 | £2,500 | £86,889 | £89,389 |
| Cunninghame North | £2,698 | £145,728 | £148,426 | £2,698 | £109,135 | £111,833 |
| Cunninghame South | £2,500 | £126,742 | £129,242 | £2,500 | £94,725 | £97,225 |
| Dumbarton | £2,608 | £157,415 | £160,023 | £2,608 | £114,324 | £116,932 |
| Dumfriesshire | £2,840 | £170,376 | £173,216 | £2,840 | £126,859 | £129,699 |
| Dundee City East | £2,573 | £128,917 | £131,490 | £2,573 | £99,078 | £101,651 |
| Dundee City West | £2,500 | £126,045 | £128,545 | £2,500 | £96,246 | £98,746 |
| Dunfermline | £2,606 | £143,273 | £145,879 | £2,606 | £108,011 | £110,617 |
| East Kilbride | £2,815 | £132,440 | £135,255 | £2,815 | £102,638 | £105,453 |
| East Lothian | £2,646 | £146,709 | £149,355 | £2,646 | £112,734 | £115,380 |
| Eastwood | £2,500 | £130,349 | £132,849 | £2,500 | £100,543 | £103,043 |
| Edinburgh Central | £2,712 | £136,752 | £139,464 | £2,712 | £104,724 | £107,436 |
| Edinburgh Eastern | £2,776 | £127,166 | £129,942 | £2,776 | £99,706 | £102,482 |
| Edinburgh Northern and Leith | £2,724 | £145,440 | £148,164 | £2,724 | £111,062 | £113,786 |
| Edinburgh Pentlands | £2,578 | £144,948 | £147,526 | £2,578 | £110,569 | £113,147 |
| Edinburgh Southern | £2,669 | £139,919 | £142,588 | £2,669 | £107,884 | £110,553 |
| Edinburgh Western | £2,747 | £147,779 | £150,526 | £2,747 | £113,399 | £116,146 |
| Na h-Eileanan an Iar | £2,500 | £74,927 | £77,427 | £2,500 | £52,959 | £55,459 |
| Ettrick, Roxburgh and Berwickshire | £2,601 | £169,750 | £172,351 | £2,601 | £119,464 | £122,065 |
| Falkirk East | £2,765 | £126,692 | £129,457 | £2,765 | £96,457 | £99,222 |
| Falkirk West | £2,698 | £127,755 | £130,453 | £2,698 | £96,919 | £99,617 |
| Galloway and West Dumfries | £2,724 | £173,355 | £176,079 | £2,724 | £127,172 | £129,896 |
| Glasgow Anniesland | £2,570 | £123,240 | £125,810 | £2,570 | £92,948 | £95,518 |
| Glasgow Cathcart | £2,773 | £128,614 | £131,387 | £2,773 | £96,988 | £99,761 |
| Glasgow Kelvin | £2,803 | £121,022 | £123,825 | £2,803 | £92,688 | £95,491 |
| Glasgow Maryhill and Springburn | £2,606 | £120,516 | £123,122 | £2,606 | £91,426 | £94,032 |
| Glasgow Pollok | £2,709 | £118,483 | £121,192 | £2,709 | £91,039 | £93,748 |
| Glasgow Provan | £2,500 | £114,498 | £116,998 | £2,500 | £87,054 | £89,554 |
| Glasgow Shettleston | £2,501 | £118,409 | £120,910 | £2,501 | £88,568 | £91,069 |
| Glasgow Southside | £2,500 | £106,109 | £108,609 | £2,500 | £81,901 | £84,401 |
| Greenock and Inverclyde | £2,708 | £140,383 | £143,091 | £2,708 | £108,636 | £111,344 |
| Hamilton, Larkhall and Stonehouse | £2,756 | £131,115 | £133,871 | £2,756 | £101,314 | £104,070 |
| Inverness and Nairn | £2,960 | £178,714 | £181,674 | £2,960 | £132,525 | £135,485 |
| Kilmarnock and Irvine Valley | £2,934 | £150,531 | £153,465 | £2,934 | £115,361 | £118,295 |
| Kirkcaldy | £2,863 | £145,550 | £148,413 | £2,863 | £110,290 | £113,153 |
| Linlithgow | £3,018 | £165,479 | £168,497 | £3,018 | £122,536 | £125,554 |
| Mid Fife and Glenrothes | £2,583 | £133,172 | £135,755 | £2,583 | £100,704 | £103,287 |
| Midlothian North and Musselburgh | £2,736 | £135,008 | £137,744 | £2,736 | £102,543 | £105,279 |
| Midlothian South, Tweeddale and Lauderdale | £2,760 | £159,629 | £162,389 | £2,760 | £116,132 | £118,892 |
| Moray | £2,696 | £145,738 | £148,434 | £2,696 | £110,029 | £112,725 |
| Motherwell and Wishaw | £2,626 | £127,363 | £129,989 | £2,626 | £94,753 | £97,379 |
| North East Fife | £2,852 | £151,574 | £154,426 | £2,852 | £113,644 | £116,496 |
| Orkney Islands | £2,500 | £48,596 | £51,096 | £2,500 | £36,659 | £39,159 |
| Paisley | £2,500 | £132,469 | £134,969 | £2,500 | £102,214 | £104,714 |
| Perthshire North | £2,513 | £152,352 | £154,865 | £2,513 | £118,959 | £121,472 |
| Perthshire South and Kinross-shire | £2,684 | £158,485 | £161,169 | £2,684 | £123,638 | £126,322 |
| Renfrewshire North and West | £2,500 | £128,538 | £131,038 | £2,500 | £97,849 | £100,349 |
| Renfrewshire South | £2,500 | £126,742 | £129,242 | £2,500 | £96,499 | £98,999 |
| Rutherglen | £2,804 | £117,599 | £120,403 | £2,804 | £87,826 | £90,630 |
| Shetland Islands | £2,500 | £55,823 | £58,323 | £2,500 | £39,318 | £41,818 |
| Skye, Lochaber and Badenoch | £2,713 | £168,989 | £171,702 | £2,713 | £120,924 | £123,637 |
| Stirling | £2,522 | £151,075 | £153,597 | £2,522 | £110,806 | £113,328 |
| Strathkelvin and Bearsden | £2,863 | £140,477 | £143,340 | £2,863 | £108,891 | £111,754 |
| Uddingston and Bellshill | £2,709 | £127,686 | £130,395 | £2,709 | £96,120 | £98,829 |
1983 c. 2 ; section 29 was amended by the Representation of the People Act 1991 (c.11) , section 1; the Representation of the People Act 2000 (c.2) , Schedule 6, paragraph 4; the Electoral Administration Act 2006 (c.22) , section 68 and S.I. 1991/1728 . It will be amended by the Political Parties, Elections and Referendums Act 2000 (c.41) , Schedule 21, paragraph 6(3) and the Electoral Administration Act 2006, Schedule 1, paragraph 107(2), but these amendments are not yet in force. Section 29 is, in relation to a Scottish parliamentary election for which the poll is taken together with the poll for a local government election under article 13 of the Scottish Parliament (Elections etc.) Order 2010 ( S.I. 2010/2999 ), modified by paragraph 3 of Schedule 5 to that Order. In relation to a Scottish parliamentary general election the poll for which is taken together with that for the referendum on the alternative vote system under section 4 of the Parliamentary Voting System and Constituencies Act 2011 (c.1) , section 29 is modified by paragraph 4 of Schedule 7 to that Act.
The consent of the Treasury is required by section 29(9) of the Representation of the People Act 1983.
1998 c.46 ; Schedule 1 was amended by the Scottish Parliament (Constituencies) Act 2004 (c. 13) and by S.I. 2010/2691 . The constituencies are now those specified in Schedule 1 to S.I. 2010/2691 as well as those of the Orkney Islands and the Shetland Islands.
See S.I. 2011/576 .