Electoral Registration and Administration Act 2013

18 Inadequate performance of returning officer: reduction of charges

(1) In section 29(3) of the Representation of the People Act 1983 (payments by and to a returning officer) at the beginning insert “Subject to section 29A,”.

(2) After section 29 of that Act insert—

“29A Inadequate performance of returning officer: reduction of charges

(1) This section applies to a service rendered by a returning officer for or in connection with a parliamentary election in Great Britain which, in the opinion of the Electoral Commission, was inadequately performed.

(2) The Commission may recommend to the Secretary of State that the returning officer is entitled under section 29(3) to no more than a specified amount (which may be nil) in respect of that service.

(3) In making a recommendation under subsection (2), the Commission must have regard to—

(a) any report prepared under section 5 of the Political Parties, Elections and Referendums Act 2000 on the administration of the parliamentary election concerned,

(b) any assessments of the level of performance of the returning officer in relation to that election under section 9B(4) of that Act,

(c) any representations made to the Commission by the returning officer in respect of the performance of the service, and

(d) any other information relating to the performance of the service by the returning officer that has been provided to the Commission.

(4) Where the Commission makes a recommendation under subsection (2), the returning officer is entitled under section 29(3) to no more than the amount (which may be nil) determined by the Secretary of State, having regard to the recommendation by the Commission.”

(3) In paragraph 107 of Schedule 1 to the Electoral Administration Act 2006 (amendment to section 29 of the 1983 Act) in sub-paragraph (2), in substituted subsection (3), at the beginning insert “Subject to section 29A,”.