55Returning officers: expenditureE+W
(1)A returning officer may recover charges in respect of services rendered, or expenses incurred, by the officer for or in connection with an election of a police and crime commissioner if—
(a)the services were necessarily rendered, or the expenses were necessarily incurred, for the efficient and effective conduct of the election, and
(b)the total of the officer's charges does not exceed the amount (“the overall maximum recoverable amount”) specified in, or determined in accordance with, an order made by the [F1Minister], with the consent of the Treasury, for the purposes of this subsection.
(2)An order under subsection (1) may specify, or make provision for determining in accordance with the order, a maximum recoverable amount for services or expenses of any specified description.
(3)Subject to subsection (4), the returning officer may not recover more than the specified maximum recoverable amount in respect of any specified services or expenses.
(4)In a particular case the [F2Minister] may authorise the payment of—
(a)more than the overall maximum recoverable amount, or
(b)more than the specified maximum recoverable amount for any specified services or expenses,
if the [F2Minister] is satisfied that the conditions in subsection (5) are met.
(5)Those conditions are—
(a)that it was reasonable for the returning officer concerned to render the services or incur the expenses, and
(b)that the charges in question are reasonable.
(6)The amount of any charges recoverable in accordance with this section is to be paid by the [F3Minister] on an account being submitted to the [F3Minister].
(7)But the [F3Minister] may, before payment, apply for the account to be taxed under section 56.
(8)Where the superannuation contributions required to be paid by a local authority in respect of any person are increased by any fee paid under this section as part of a returning officer's charges at an election of a police and crime commissioner, then on an account being submitted to the [F3Minister] a sum equal to the increase must be paid to the authority by the [F3Minister].
(9)On the request of a returning officer for an advance on account of the officer's charges, the [F3Minister] may make such an advance on such terms as the [F3Minister] thinks fit.
(10)The [F3Minister] may by regulations make provision as to—
(a)the time when, and
(b)the manner and form in which,
accounts are to be rendered to the [F3Minister] for the purposes of the payment of a returning officer's charges.
(11)Any sums required by the [F3Minister] for making payments under this section are to be charged on, and paid out of, the Consolidated Fund.
(12)In this section—
“local authority” has the same meaning as in section 54;
“local returning officer” has the same meaning as in that section;
[F4“the Minister” means the Secretary of State or the [F5Minister for the Cabinet Office];]
“returning officer” means—
(a)a police area returning officer, or
(b)a local returning officer on whom functions are conferred under subsection (2) of [F6section 54];
“specified” means specified in, or determined in accordance with, an order under subsection (1).
Textual Amendments
F1Word in s. 55(1)(b) substituted (12.8.2015) by The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015 (S.I. 2015/1526), art. 1(2), Sch. para. 1(3)(a) (with art. 5(2))
F2Word in s. 55(4) substituted (12.8.2015) by The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015 (S.I. 2015/1526), art. 1(2), Sch. para. 1(3)(a) (with art. 5(2))
F3Word in s. 55(6)-(11) substituted (12.8.2015) by The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015 (S.I. 2015/1526), art. 1(2), Sch. para. 1(3)(a) (with art. 5(2))
F4Words in s. 55(12) inserted (12.8.2015) by The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015 (S.I. 2015/1526), art. 1(2), Sch. para. 1(3)(b)(i) (with art. 5(2))
F5Words in s. 55(12) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 24(c) (with art. 12)
F6Words in s. 55(12) substituted (12.8.2015) by The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015 (S.I. 2015/1526), art. 1(2), Sch. para. 1(3)(b)(ii) (with art. 5(2))
Modifications etc. (not altering text)
C1S. 55 functions to be exercisable concurrently with the Chancellor of the Duchy of Lancaster (12.8.2015) by The Transfer of Functions (Police and Crime Commissioner Elections) Order 2015 (S.I. 2015/1526), arts. 1(2), 3(1)(2)(b) (with arts. 3(3), 4)
C2Ss. 50-61 excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 21(b)
Commencement Information
I1S. 55 in force at 25.4.2012 by S.I. 2012/1129, art. 2(b)