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Statutory Instruments

2015 No. 476

Representation Of The People

The Parliamentary Elections (Returning Officers’ Charges) Order 2015

Made

26th February 2015

Coming into force in accordance with article 1(1)

The Lord President of the Council, with the consent of the Treasury, makes this Order in exercise of the powers conferred by section 29(3), (3A) and (4C) of the Representation of the People Act 1983( 1 ).

Citation, commencement, extent and interpretation

1. —(1) This Order may be cited as the Parliamentary Elections (Returning Officers’ Charges) Order 2015 and comes into force on the day after the day on which it is made.

(2) This Order extends to England, Wales and Scotland except articles 3(3), 4(3) and 5(3) which extend to England and Wales only and article 5(o) which extends to Scotland only.

(3) In this Order—

an ordinary election of councillors” means an ordinary election of councillors under section 37(1) of the Representation of the People Act 1983( 2 );

an ordinary election of a mayor” means an ordinary election of a mayor under section 9H of the Local Government Act 2000( 3 ).

Revocation

2.The Parliamentary Elections (Returning Officers’ Charges) Order 2010( 4 ) is revoked.

Returning officers: overall maximum recoverable amount

3. —(1) Except in a case described in paragraph (2) or (3), the overall maximum recoverable amount for each constituency is the amount listed in the corresponding entry in column 4 of the table in Schedule 1.

(2) Where, in a constituency listed in the table in Schedule 2, the poll at a parliamentary general election in 2015 is taken together only with the poll at an ordinary election of councillors, the overall maximum recoverable amount for that constituency is the amount listed in the corresponding entry in column 4 of that table( 5 ).

(3) Where, in a constituency listed in the table in Schedule 3, the poll at a parliamentary general election in 2015 is taken together with the poll at an ordinary election of councillors and also the poll at an ordinary election of a mayor, the overall maximum recoverable amount for that constituency is the amount listed in the corresponding entry in column 4 of that table( 6 ).

Returning officers: maximum recoverable amount for specified services

4. —(1) Except in a case described in paragraph (2) or (3), the maximum recoverable amount in respect of specified services for each constituency is the amount listed in the corresponding entry in column 2 of the table in Schedule 1.

(2) Where, in a constituency listed in the table in Schedule 2, the poll at a parliamentary general election in 2015 is taken together only with the poll at an ordinary election of councillors, the maximum recoverable amount in respect of specified services for that constituency is the amount listed in the corresponding entry in column 2 of that table.

(3) Where, in a constituency listed in the table in Schedule 3, the poll at a parliamentary general election in 2015 is taken together with the poll at an ordinary election of councillors and also the poll at an ordinary election of a mayor, the maximum recoverable amount in respect of specified services for that constituency is the amount listed in the corresponding entry in column 2 of that table.

(4) The specified services are—

(a) making arrangements for the parliamentary election;

(b) discharging the returning officer’s duties at the parliamentary election.

Returning officers: maximum recoverable amount for specified expenses

5. —(1) Except in a case described in paragraph (2) or (3), the maximum recoverable amount in respect of specified expenses for each constituency is the amount listed in the corresponding entry in column 3 of the table in Schedule 1.

(2) Where, in a constituency listed in the table in Schedule 2, the poll at a parliamentary general election in 2015 is taken together only with the poll at an ordinary election of councillors, the maximum recoverable amount in respect of specified expenses for that constituency is the amount listed in the corresponding entry in column 3 of that table.

(3) Where, in a constituency listed in the table in Schedule 3, the poll at a parliamentary general election in 2015 is taken together with the poll at an ordinary election of councillors and also the poll at an ordinary election of a mayor, the maximum recoverable amount in respect of specified expenses for that constituency is the amount listed in the corresponding entry in column 3 of that table.

(4) The specified expenses are those incurred in—

(a) the appointment and payment of persons to assist the returning officer;

(b) travel and overnight subsistence for the returning officer and any person appointed to assist the returning officer;

(c) the costs of the nomination process;

(d) printing or otherwise producing the ballot papers;

(e) printing or otherwise 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 or instrument for or in connection with the parliamentary 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 secure storage of ballot boxes, ballot papers and verification documents;

(l) conducting the verification and the count;

(m) providing and receiving training;

(n) providing stationery and meeting postage, telephone, printing, translation and banking costs and the costs of other miscellaneous items;

(o) in a constituency in Scotland, the supply of copies of the register of electors for use in the conduct of the parliamentary election.

Overall maximum recoverable amount at an uncontested parliamentary election

6. At an uncontested parliamentary election

(a) articles 3 to 5 do not apply; and

(b) the overall maximum recoverable amount for each constituency is £1,750.

Signed by the authority of the Lord President of the Council

Sam Gyimah

Minister for the Constitution

Cabinet Office

24th February 2015

We consent to this Order

Two of the Lord Commissioners of Her Majesty’s Treasury

Mark Lancaster

Harriett Baldwin

26th February 2015

Articles 3(1), 4(1) and 5(1)

SCHEDULE 1 Overall maximum recoverable amounts and maximum recoverable amounts for specified services and specified expenses for each constituency where a parliamentary election is a stand-alone poll

Articles 3(2), 4(2) and 5(2)

SCHEDULE 2 Overall maximum recoverable amounts and maximum recoverable amounts for specified services and specified expenses for constituencies where the poll at the parliamentary general election in 2015 is taken together only with the poll at an ordinary election of councillors

Articles 3(3), 4(3) and 5(3)

SCHEDULE 3 Overall maximum recoverable amounts and maximum recoverable amounts for specified services and specified expenses for constituencies where the poll at the parliamentary general election in 2015 is taken together with a poll at an ordinary election of councillors and also the poll at an ordinary election of a mayor

( 1 )

1983 c. 2 . Section 29 was amended by paragraphs 3 and 4 of Schedule 6 to the Representation of the People Act 2000 (c. 2) , section 68 of the Electoral Administration Act 2006 (c. 22) and section 18(1) of the Electoral Registration and Administration Act 2013 (c. 6) . Paragraph 6 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c. 41) , as amended by paragraphs 104 and 107 of Schedule 1 to the Electoral Administrations Act 2006, substituted subsections (3) to (4C) but these substitutions are not yet in force. The Transfer of Functions (Returning Officers’ Charges) Order 1991 ( S.I. 1991/1728 ) transferred the functions formally conferred on the Treasury by section 29 to the Secretary of State and made consequential amendments. These functions were made exercisable concurrently by the Lord President of the Council and the Secretary of State by the Lord President of the Council Order 2010 ( S.I. 2010/1837 ). Consent of the Treasury is required by section 29(9) of the Representation of the People 1983 Act. There are other amendments to the section but none is relevant.

( 2 )

Section 37(1) was amended by section 18 of the Representation of the People Act 1985 (c. 50) and paragraphs 1 and 5 of Schedule 3 to the Greater London Authority Act 1999 (c. 29) . There are other amendments to the section but none is relevant.

( 3 )

2000 c.22 . Section 9H was inserted by paragraph 1 of Schedule 2 to the Localism Act 2011 (c.20) .

( 5 )

Section 15(1) of the Representation of the People Act 1985 provides that where the polls at an ordinary local government election and a parliamentary general election are to be taken on the same day, they shall be taken together.

( 6 )

By virtue of Schedule 2 to the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 ( S.I. 2007/1024 ), section 15(1) of the Representation of the People Act 1985 applies in relation to the conduct of mayoral elections.

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Parliamentary Elections (Returning Officers’ Charges) Order 2015 (2015/476)

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footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
Defined TermSection/ArticleIDScope of Application
an ordinary election of a mayorart. 1.an_ordinar_rt6i3Hp
an ordinary election of councillorsart. 1.an_ordinar_rtMgpIV
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The Parliamentary Elections (Returning Officers' Charges) Order 2015 2015 No. 476 Order revoked The Parliamentary Elections (Returning Officers’ Charges) Order 2017 2017 No. 637 art. 2 Not yet

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