The National Assembly for Wales (Returning Officers’ Charges) Order 2016

Welsh Statutory Instruments

2016 No. 417 (W. 133)

Representation Of The People, Wales

The National Assembly for Wales (Returning Officers’ Charges) Order 2016

Made

15 March 2016

Coming into force

16 March 2016

The Welsh Ministers, in exercise of the powers conferred on the National Assembly for Wales by article 23 of the National Assembly for Wales (Representation of the People) Order 2007(1) and now vested in them(2), make the following Order—

Title, commencement and application

1.—(1) The title of this Order is the National Assembly for Wales (Returning Officers’ Charges) Order 2016.

(2) This Order comes into force on 16 March 2015.

(3) This Order applies in relation to Wales.

Interpretation

2.  In this Order—

“Assembly constituency” (“etholaeth Cynulliad”) is to be construed in accordance with section 2 of the Government of Wales Act 2006(3);

“Assembly electoral region” (“rhanbarth etholiadol Cynulliad”) is to be construed in accordance with section 2 of the Government of Wales Act 2006;

“PCC election” (“etholiad comisiynydd heddlu a throseddu”) means the election of a police and crime commissioner in accordance with Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011(4).

Revocation

3.  The following orders are revoked—

(a) the National Assembly for Wales (Returning Officers’ Charges) Order 2011(5); and

(b) the National Assembly for Wales (Returning Officers’ Charges) (Amendment) Order 2012(6).

Overall maximum recoverable amount for a contested Assembly constituency election held on the same day as a PCC election

4.  The overall maximum recoverable amount for a contested Assembly constituency election held on the same day as a PCC election is the amount listed in column 4 of the table in Schedule 1.

Maximum recoverable amount for specified services at a contested Assembly constituency election held on the same day as a PCC election

5.—(1) The total of the charges recoverable by a constituency returning officer at a contested Assembly constituency election held on the same day as a PCC election in respect of specified services must not exceed the amount listed for each Assembly constituency in column 2 of the table in Schedule 1.

(2) The specified services are—

(a) making arrangements for the election;

(b) conducting the election;

(c) discharging all of the constituency returning officer’s duties in respect of the election.

Maximum recoverable amount for specified expenses at a contested Assembly constituency election held on the same day as a PCC election

6.—(1) The total of the charges recoverable by a constituency returning officer at a contested Assembly constituency election held on the same day as a PCC election in respect of specified expenses must not exceed the amount listed for each Assembly constituency in column 3 of the table in Schedule 1.

(2) The specified expenses are—

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

(b) travel and overnight subsistence for the constituency returning officer and any person appointed to assist the constituency 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 publishing all election notices and documents;

(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.

Overall maximum recoverable amount for a contested Assembly regional election held on the same day as a PCC election

7.  The overall maximum recoverable amount for a contested Assembly regional election held on the same day as a PCC election is the amount listed in column 4 of the table in Schedule 2.

Maximum recoverable amount for specified services at a contested Assembly regional election held on the same day as a PCC election

8.—(1) The total of the charges recoverable by a regional returning officer at a contested Assembly regional election held on the same day as a PCC election in respect of specified services must not exceed the amount listed for each Assembly electoral region in column 2 of the table in Schedule 2.

(2) The specified services are—

(a) making arrangements for the election;

(b) conducting the election;

(c) discharging all of the regional returning officer’s duties in respect of the election.

Maximum recoverable amount for specified expenses at a contested Assembly regional election held on the same day as a PCC election

9.—(1) The total of the charges recoverable by a regional returning officer at a contested Assembly regional election held on the same day as a PCC election in respect of specified expenses must not exceed the amount listed for each Assembly electoral region in column 3 of the table in Schedule 2.

(2) The specified expenses are—

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

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

(c) the costs of the nomination process;

(d) printing or otherwise producing and publishing election notices;

(e) printing or otherwise producing the ballot papers;

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

Overall maximum recoverable amount at an uncontested Assembly constituency election

10.  At an uncontested Assembly constituency election—

(a) articles 4 to 6 do not apply; and

(b) the overall maximum recoverable amount for services and expenses for each constituency is £1,750.00 (one thousand seven hundred and fifty pounds).

Overall maximum recoverable amount at an uncontested Assembly regional election

11.  At an uncontested Assembly regional election—

(a) articles 7 to 9 do not apply; and

(b) the overall maximum recoverable amount for services and expenses for each region is £350.00 (three hundred and fifty pounds).

Leighton Andrews

Minister for Public Services, one of the Welsh Ministers

15 March 2016

Articles 4, 5(1) and 6(1)

SCHEDULE 1 Overall maximum recoverable amount and maximum recoverable amounts for specified services and specified expenses at a contested Assembly constituency election held on the same day as a PCC election

1. Assembly Constituency	2. Maximum recoverable amount for the specified services	3. Maximum recoverable amount for the specified expenses	4. Overall maximum recoverable amount
Aberavon	£4,730.00	£78,300.00	£83,030.00
Aberconwy	£4,730.00	£74,791.00	£79,521.00
Alyn and Deeside	£4,730.00	£78,247.00	£82,977.00
Arfon	£4,730.00	£53,033.00	£57,763.00
Blaenau Gwent	£4,730.00	£83,885.00	£88,615.00
Brecon and Rednorshire	£4,730.00	£82,353.00	£87,083.00
Bridgend	£4,730.00	£91,963.00	£96,693.00
Caerphilly	£4,730.00	£82,797.00	£87,527.00
Cardiff Central	£4,730.00	£97,476.00	£102,206.00
Cardiff North	£4,730.00	£120,200.00	£124,930.00
Cardiff South and Penarth	£4,730.00	£124,167.00	£128,897.00
Cardiff West	£4,730.00	£112,966.00	£117,696.00
Carmarthen East and Dinefwr	£4,730.00	£97,561.00	£102,291.00
Carmarthen West and South Pembrokeshire	£4,730.00	£96,423.00	£101,153.00
Ceredigion	£4,730.00	£92,231.00	£96,961.00
Clwyd South	£4,730.00	£77,729.00	£82,459.00
Clwyd West	£4,730.00	£97,530.00	£102,260.00
Cynon Valley	£4,730.00	£74,772.00	£79,502.00
Delyn	£4,730.00	£76,748.00	£81,478.00
Dwyfor Meirionnydd	£4,730.00	£66,589.00	£71,319.00
Gower	£4,730.00	£73,880.00	£78,610.00
Islwyn	£4,730.00	£74,543.00	£79,273.00
Llanelli	£4,730.00	£90,871.00	£95,601.00
Merthyr Tydfil and Rhymney	£4,730.00	£83,531.00	£88,261.00
Monmouth	£4,730.00	£105,161.00	£109,891.00
Montgomeryshire	£4,730.00	£65,864.00	£70,594.00
Neath	£4,730.00	£87,369.00	£92,099.00
Newport East	£4,730.00	£87,003.00	£91,733.00
Newport West	£4,730.00	£89,112.00	£93,842.00
Ogmore	£4,730.00	£90,819.00	£95,549.00
Pontypridd	£4,730.00	£80,025.00	£84,755.00
Preseli Pembrokeshire	£4,730.00	£94,370.00	£99,100.00
Rhondda	£4,730.00	£78,984.00	£83,714.00
Swansea East	£4,730.00	£67,269.00	£71,999.00
Swansea West	£4,730.00	£67,494.00	£72,224.00
Torfaen	£4,730.00	£77,098.00	£81,828.00
Vale of Clwyd	£4,730.00	£87,230.00	£91,960.00
Vale of Glamorgan	£4,730.00	£154,592.00	£159,322.00
Wrexham	£4,730.00	£64,516.00	£69,246.00
Ynys Môn	£4,730.00	£100,671.00	£105,401.00

Articles 7, 8(1) and 9(1)

SCHEDULE 2 Overall maximum recoverable amount and maximum recoverable amounts for specified services and specified expenses at a contested Assembly regional election held on the same day as a PCC election

1. Assembly Electoral Region	2. Maximum recoverable amount for the specified services	3. Maximum recoverable amount for the specified expenses	4. Overall maximum recoverable amount
Mid and West Wales	£2,400.00	£15,157.00	£17,557.00
North Wales	£2,400.00	£16,645.00	£19,045.00
South Wales Central	£2,400.00	£17,573.00	£19,973.00
South Wales East	£2,400.00	£16,529.00	£18,929.00
South Wales West	£2,400.00	£14,089.00	£16,489.00

EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides for payments for services and expenses of returning officers in connection with the conduct of the National Assembly for Wales elections which are to be held together with the elections of police and crime commissioners (in accordance with Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011) on the same date in 2016. The amounts indicated in this Order as being the maximum recoverable amounts for specified services and specified expenses of returning officers have taken into consideration the provisions contained within the National Assembly for Wales (Representation of the People) (Combination of Polls and Amendment) Order 2016 (S.I. 2016/272) which require these costs to be apportioned equally between the National Assembly for Wales elections and the elections of police and crime commissioners.

This Order revokes the National Assembly for Wales (Returning Officers’ Charges) Order 2011 (S.I. 2011/632 (W. 92)) and the National Assembly for Wales (Returning Officers’ Charges) (Amendment) Order 2012 (S.I. 2012/2478 (W. 270)). It is made under article 23 of the National Assembly for Wales (Representation of the People) Order 2007 (S.I. 2007/236). Article 23 provides that a constituency or a regional returning officer is entitled to recover charges in respect of services rendered or expenses incurred in connection with an Assembly election.

Articles 4, 5 and 6 of this Order specify the maximum amounts recoverable by constituency returning officers for each contested Assembly constituency election held on the same day as the election of police and crime commissioners.

The table in Schedule 1 lists by constituency the maximum recoverable amount for specified services (column 2), the maximum recoverable amount for specified expenses (column 3) and the overall maximum recoverable amount (column 4).

Articles 7, 8 and 9 specify the maximum amounts recoverable by regional returning officers for each contested Assembly regional election held on the same day as the election of police and crime commissioners.

The table in Schedule 2 lists by electoral region the maximum recoverable amount for specified services (column 2), the maximum recoverable amount for specified expenses (column 3) and the overall maximum recoverable amount (column 4).

In the case of an uncontested Assembly constituency election, article 10 provides that articles 4 to 6 do not apply. Instead the overall maximum recoverable amount is £1,750 for each Assembly constituency.

In the case of an uncontested Assembly regional election, article 11 provides that articles 7 to 9 do not apply. Instead the overall maximum recoverable amount is £350 for each Assembly region.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, it was not considered necessary to carry out a regulatory impact assessment as the likely costs and benefits of complying with this Order.

(1)

S.I. 2007/236.

(2)

By virtue of section 162 of, and paragraph 30 of Schedule 1 to, the Government of Wales Act 2006 (c. 32), the powers of the National Assembly for Wales were transferred to the Welsh Ministers.

(3)

2006 c. 32.

(4)

2011 c. 13.

(5)

S.I. 2011/632 (W. 92).

(6)

S.I. 2012/2478 (W. 270).