The European Parliamentary Elections (Returning Officer’s Charges) (Northern Ireland) Order 2004

Statutory Instruments

2004 No. 1405

REPRESENTATION OF THE PEOPLE

NORTHERN IRELAND

The European Parliamentary Elections (Returning Officer’s Charges) (Northern Ireland) Order 2004

Made

17th May 2004

Coming into force

18th May 2004

The Secretary of State, in exercise of the powers conferred upon him by regulation 16(1) of the European Parliamentary Elections (Northern Ireland) Regulations 2004(1), hereby makes the following Order with the consent of the Treasury:

Citation, commencement and extent

1.—(1) This Order may be cited as the European Parliamentary Elections (Returning Officer’s Charges) (Northern Ireland) Order 2004 and shall come into force on the day after the day on which it is made.

(2) This Order extends to Northern Ireland only.

Interpretation

2.  In this Order—

“election” means a European Parliamentary election;

“register of electors” has the meaning given in regulation 2 of the 2004 Regulations; and

“the 2004 Regulations” means the European Parliamentary Elections (Northern Ireland) Regulations 2004.

Revocation

3.  The European Parliamentary Elections (Returning Officer’s Charges) (Northern Ireland) Order 1999(2) is hereby revoked.

Expenses in respect of which a returning officer at a European Parliamentary election in Northern Ireland may recover his charges

4.—(1) For the purposes of regulation 16(1)(a) of the 2004 Regulations (which provides that a returning officer is entitled to recover his charges in respect of expenses properly incurred in connection with a European Parliamentary election if the expenses are of a kind specified in an order made under that provision and the charges are reasonable)—

(a) expenses of the kind described in paragraphs 1(1), 2(1), 3(1), 4(1), 5(1) and 6 of Part A of the Schedule to this Order; and

(b) expenses of a kind described in Part B of the Schedule to this Order,

are hereby specified.

(2) The maximum recoverable amounts at a contested election in respect of the expenses specified in Part A of the Schedule are hereby specified as the amounts set out in the right-hand side column of that Part in respect of each entry set out opposite thereto in the left-hand column of that Part.

(3) The maximum recoverable amount in respect of the expenses specified in Part A of the Schedule at an uncontested election is hereby specified as £1314.33.

Paul Murphy

One of Her Majesty’s Principal Secretaries of State

Northern Ireland Office

12th May 2004

We consent to this Order.

Joan Ryan

Nick Ainger

Two of the Lords Commissioners of Her Majesty’s Treasury

Date 17th May 2004

Article 4

SCHEDULE EXPENSES IN RESPECT OF WHICH THE RETURNING OFFICER AT A EUROPEAN PARLIAMENTARY ELECTION IN NORTHERN IRELAND MAY RECOVER HIS CHARGES

PART A EXPENSES OF THE RETURNING OFFICER FOR WHICH MAXIMUM RECOVERABLE AMOUNTS ARE SPECIFIED

1.  — (1) This paragraph makes provision for the returning officer’s expenses in respect of payment of deputy returning officers appointed under regulation 4(1) of the 2004 Regulations in connection with the conduct of the election and the discharge of his duties in relation to the election.
(2) Subject to sub-paragraph (3), the maximum recoverable amount for the expenses specified in sub-paragraph (1) for each parliamentary constituency within the European Parliamentary electoral region is	£375.00.
(3) Where a deputy returning officer provides training for persons appointed under regulation 4(2) of the 2004 Regulations the maximum recoverable amount for each training session is	£150.00.
2.  — (1) This paragraph makes provision for the returning officer’s expenses in respect of the payment of presiding officers at polling stations.
(2) Subject to sub-paragraphs (3) and (4), the maximum recoverable amount for the expenses specified in sub-paragraph (1) (including expenses incurred in respect of a person who takes over the duties of a presiding officer on polling day due to the incapacity of the previously appointed presiding officer) in respect of the presiding officer at each polling station is	£190.00.
(3) Where at a polling place to which 3,000 or more entries in the register of electors are assigned there is more than one polling station, the maximum recoverable amount in respect of one only of the presiding officers at the polling station at such a polling place is increased by	£8.00.
(4) Where a presiding officer receives training (including a presiding officer who owing to sickness or any other reason does not discharge the function of presiding officer), the maximum recoverable amount is increased by	£35.00.
3.  — (1) This paragraph makes provision for the returning officer’s expenses in respect of the payment of poll clerks at polling stations.
(2) Subject to sub-paragraph (3), the maximum recoverable amount for the expenses specified in sub-paragraph (1) above in respect of each poll clerk is	£140.00.
4.  — (1) This paragraph makes provision for the returning officer’s expenses in respect of the payment of persons employed in connection with the preparation, revision and issue of the official poll cards.
(2) The maximum recoverable amount for the expenses specified in sub-paragraph (1) is, for every 100 cards or remaining fraction thereof,	£1.65.
5.  — (1) This paragraph makes provision for the returning officer’s expenses in respect of the payment of persons employed in connection with— (a) the issue and receipt of postal ballot papers; and (b) any other clerical or other assistance for the purposes of the election.
(2) Subject to sub-paragraphs (3) and (4), the maximum recoverable amount for each parliamentary constituency within the European Parliamentary electoral region for the expenses specified in sub-paragraph (1) above is	£5731.36.
(3) For each parliamentary constituency within the European Parliamentary electoral region where the number of entries in the register of electors exceeds 50,000, the maximum recoverable amount is increased for every additional 1,000 entries or remaining fraction thereof above 50,000 by	£52.65.
(4) The maximum recoverable amount is increased for every 100 voters or remaining fraction thereof entitled to vote by post in each parliamentary constituency within the European Parliamentary electoral region, by	£47.81.
6.  The maximum recoverable amount for the returning officer’s expenses in respect of providing training for deputy returning officers appointed under regulation 4(1) of the 2004 Regulations is	£2000.00.

PART B: EXPENSES OF THE RETURNING OFFICER FOR WHICH NO MAXIMUM RECOVERABLE AMOUNTS ARE SPECIFIED

1.  Travelling and overnight subsistence expenses of—

(a) the returning officer;

(b) any deputy appointed under regulation 4(1) of the 2004 Regulations; and

(c) any person appointed under regulation 4(2) of the 2004 Regulations.

2.—(1) Expenses in printing or otherwise producing the ballot papers.

(2) Expenses in the provision to each polling station of the large version of the ballot paper and of the prescribed device for assisting voters with disabilities.

3.  Expenses in printing or otherwise producing the official poll cards and in delivering them to the voters, excluding the expenses referred to in paragraph 4(1) of Part A of this Schedule.

4.  Expenses in printing or otherwise producing and, where appropriate, publishing notices and other documents required by the 2004 Regulations.

5.  Expenses in renting, heating, lighting and cleaning any building or room.

6.  Expenses in adapting any building or room and in restoring it to a fit condition for its normal use.

7.  Expenses in the provision of voting compartments and any other furniture necessary for polling stations and the provision in any place of furniture and equipment necessary for the verification and the count.

8.  Expenses in the provision of ballot boxes and instruments to stamp on the ballot papers the official mark.

9.  Expenses in the conveyance—

(a) to and from the polling stations, to and from the verification centre and to and from the count centre of the ballot boxes and ballot papers, and

(b) to and from the polling stations of the voting compartments, any other furniture necessary for polling stations and the instruments to stamp on the ballot papers the official mark.

10.  Expenses in respect of the payment of persons employed in connection with the verification of ballot paper accounts and the count and the training of those persons.

11.  Expenses in the provision of electoral registers, stationery and writing implements and in postage, telephone and bank charges and other miscellaneous items.

12.  Expenses in connection with the provision of security measures, including secure storage of ballot boxes between polling day, verification and the count.

13.  Expenses in connection with the storage of ballot boxes, polling screens, count furniture and equipment.

Explanatory Note

(This note is not part of the Order)

Under section 6(4) of the European Parliamentary Elections Act 2002 (c. 24) the returning officer for Northern Ireland is the Chief Electoral Officer. This Order, which extends only to Northern Ireland, provides for the payment of the returning officer at European Parliamentary elections. Under regulation 4 of the European Parliamentary Elections (Northern Ireland) Regulations 2004 (S.I. 2004/1267) (“2004 Regulations”), the Chief Electoral Officer may appoint deputies and clerks to discharge, or assist him in, his functions in relation to an election.

Under regulation 16(1) of the 2004 Regulations the returning officer at a European Parliamentary election is entitled to recover his charges in respect of his expenses properly incurred in connection with such an election if the expenses are of a kind specified in any order under that provision and the charges in respect of them are reasonable.

Part A and B of the Schedule to this Order specify the kinds of expenses incurred by the returning officer for or in connection with a European Parliamentary election in respect of which he is entitled to recover his charges, together (in the case of Part A) with the maximum recoverable amounts in respect of those charges.

This Order increases the maximum recoverable amounts from those which were specified in the European Parliamentary Elections (Returning Officer’s Charges) (Northern Ireland) Order 1999 (S.I. 1999/1342), which is revoked by this Order.

(1)

S.I. 2004/1267. The power in regulation 16(1) is extended by regulation 16(2) to (5).

(2)

S.I. 1999/1342.