The Scottish Parliament (Elections etc.) Order 2010

Modification of provisions about expenses in this Order and the 1983 Act

3.—(1) Where those functions of a returning officer at an election which are specified in paragraph 2 are discharged by the returning officer at another election under paragraph 1, references to the returning officer or his charges or expenditure—

(a) in subsections (3), (3A), (3B), (3C), (7) and (8) of section 29 of the 1983 Act(1) (payments by and to returning officers) as applied and modified by article 18;

(b) in article 19 (taxation of returning officer’s accounts); and

(c) in subsections (5) and (6) of section 42 of the 1983 Act (expenses at local elections),

shall, to the extent that such functions are so discharged, be construed as references to the returning officer who discharges those functions and to that returning officer’s charges or expenditure in respect of those functions.

(2) The reference in section 42(6) of the 1983 Act to the returning officer or person acting as returning officer requesting an advance in respect of his expenses shall, to the extent that those expenses relate to the functions specified in paragraph 2 and in respect of the remuneration of presiding officers and clerks, include a reference to the returning officer who under paragraph 1 discharges those functions at the local government election.

(3) In relation to elections the polls at which are taken together under article 13(1) or (2), the Secretary of State may under section 29(3) of the 1983 Act as applied and modified by article 18 include special provision for services rendered, or expenses incurred, in respect of the discharge of functions specified in paragraph 2, and in respect of the remuneration of presiding officers and clerks, by the returning officer who discharges those functions by virtue of paragraph 1.

(1)

Section 29 was amended by the Representation of the People Act 1991 (c.11), section 1; the 2006 Act, section 68 and S.I. 1991/1728, article 3. It will be amended by the 2000 Political Parties Act, Schedule 21, paragraph 6(3) and the 2006 Act, Schedule 1, paragraph 107(2); but these amendments are not yet in force.