The Senedd Cymru (Returning Officers’ Charges) Order 2021

Welsh Statutory Instruments

2021 No. 315 (W. 80)

Representation Of The People, Wales

The Senedd Cymru (Returning Officers’ Charges) Order 2021

Made

12 March 2021

Coming into force

19 March 2021

The Welsh Ministers, in exercise of the powers conferred by article 23(1D), (2) and (6) of the National Assembly for Wales (Representation of the People) Order 2007(1), make the following Order.

Title and commencement

1.—(1) The title of this Order is the Senedd Cymru (Returning Officers’ Charges) Order 2021.

(2) This Order comes into force on 19 March 2021.

Interpretation

2.  In this Order—

“coronavirus” (“coronafeirws”) means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2);

“Senedd constituencies” (“etholaethau’r Senedd”) are to be construed in accordance with section 2(1) of the Government of Wales Act 2006(2);

“Senedd electoral regions” (“rhanbarthau etholiadol y Senedd”) are to be construed in accordance with section 2(3) of the Government of Wales Act 2006.

Revocation

3.  The National Assembly for Wales (Returning Officers’ Charges) Order 2016(3) is revoked.

Overall maximum recoverable amount for a contested Senedd constituency election

4.  The overall maximum amount a constituency returning officer may recover for services rendered and expenses incurred for, or in connection with, a contested Senedd constituency election is the amount listed in column 4 of the table in Schedule 1.

Maximum recoverable amount for services rendered at a contested Senedd constituency election

5.—(1) The total amount a constituency returning officer may recover for services rendered for, or in connection with, a contested Senedd constituency election must not exceed the amount listed for each constituency in column 2 of the table in Schedule 1.

(2) Any services rendered must be for, or in connection with—

(a) making arrangements for the election;

(b) conducting the election;

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

Maximum recoverable amount for expenses incurred at a contested Senedd constituency election

6.—(1) The total amount a constituency returning officer may recover for expenses incurred for, or in connection with, a contested Senedd constituency election must not exceed—

(a) the aggregate amount of column 3(a) and (b) in the table in Schedule 1;

(b) in respect of standard expenses only, the total amount in column 3(a) in the table in Schedule 1;

(c) in respect of coronavirus expenses only, the total amount in column 3(b) in the table in Schedule 1.

(2) A returning officer may recover standard expenses incurred for, or in connection with—

(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.

(3) A returning officer may recover expenses incurred as a result of the need to comply with an enactment relating to coronavirus or to follow guidance relating to coronavirus issued by the Welsh Ministers, including—

(a) the appointment and payment of persons to assist with enforcing coronavirus regulations;

(b) printing or otherwise producing coronavirus related signage;

(c) personal protective equipment for persons assisting the constituency returning officer and electoral administrators;

(d) additional cleaning products at the polling station and count venues;

(e) additional costs associated with a need to extend the verification and count period due to coronavirus measures;

(f) training on coronavirus regulations.

Overall maximum recoverable amount for a contested Senedd regional election

7.  The overall maximum amount a regional returning officer may recover for services rendered and expenses incurred for, or in connection with, a contested Senedd regional election is the amount listed in column 4 of the table in Schedule 2.

Maximum recoverable amount for services rendered at a contested Senedd regional election

8.—(1) The total amount a regional returning officer may recover for services rendered for, or in connection with, a contested Senedd regional election must not exceed the amount listed for each region in column 2 of the table in Schedule 2.

(2) Any services rendered must be for, or in connection with—

(a) making arrangements for the election;

(b) conducting the election;

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

Maximum recoverable amount for expenses incurred at a contested Senedd regional election

9.—(1) The total amount a regional returning officer may recover for expenses incurred for, or in connection with, a contested Senedd regional election must not exceed the amount listed for each region in column 3 of the table in Schedule 2.

(2) Any expenses incurred must be for, or in connection with—

(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 of the other miscellaneous items.

Overall maximum recoverable amount for an uncontested Senedd constituency election

10.  The overall maximum amount a constituency returning officer may recover for services rendered and expenses incurred for, or in connection with, an uncontested Senedd constituency election is £2,000.00 (two thousand pounds).

Overall maximum recoverable amount at an uncontested Senedd regional election

11.  The overall maximum amount a regional returning officer may recover for services rendered and expenses incurred for, or in connection with, an uncontested Senedd regional election is £500.00 (five hundred pounds).

Julie James

Minister for Housing and Local Government, one of the Welsh Ministers

12 March 2021

Articles 4, 5 and 6

SCHEDULE 1 Total recoverable amounts for services rendered and expenses incurred at a contested Senedd constituency election

1. Senedd constituency	2. Total amount for services rendered by electoral administrators	3. Total amount for expenses incurred		4. Overall maximum recoverable amount
		(a) Standard expenses	(b) Coronavirus related expenses
Aberavon	£5,500	£89,802	£34,280	£129,582
Aberconwy	£5,500	£84,494	£25,469	£115,463
Alyn and Deeside	£5,500	£92,571	£28,577	£126,648
Arfon	£5,500	£72,411	£30,241	£108,152
Blaenau Gwent	£8,500	£96,844	£43,264	£148,608
Brecon and Radnorshire	£5,500	£115,649	£54,345	£175,494
Bridgend	£5,500	£101,849	£23,525	£130,874
Caerphilly	£5,500	£90,619	£40,342	£136,461
Cardiff Central	£4,000	£104,942	£32,114	£141,056
Cardiff North	£4,000	£116,467	£36,027	£156,494
Cardiff South and Penarth	£4,000	£133,772	£46,037	£183,809
Cardiff West	£4,000	£113,014	£37,061	£154,075
Carmarthen East and Dinefwr	£5,500	£128,952	£52,915	£187,367
Carmarthen West and South Pembrokeshire	£5,500	£127,483	£46,788	£179,771
Ceredigion	£8,500	£96,167	£44,117	£148,784
Clwyd South	£5,500	£88,334	£35,973	£129,807
Clwyd West	£5,500	£108,212	£39,801	£153,513
Cynon Valley	£4,500	£69,232	£29,003	£102,735
Delyn	£5,500	£94,692	£34,769	£134,961
Dwyfor Meirionnydd	£5,500	£85,181	£47,618	£138,299
Gower	£4,500	£86,872	£33,987	£125,359
Islwyn	£5,500	£82,158	£36,736	£124,394
Llanelli	£5,500	£117,654	£41,205	£164,359
Merthyr Tydfil and Rhymney	£8,500	£106,517	£47,452	£162,469
Monmouth	£8,500	£119,225	£52,863	£180,588
Montgomeryshire	£5,500	£75,890	£38,869	£120,259
Neath	£5,500	£95,552	£38,075	£139,127
Newport East	£5,500	£76,472	£31,567	£113,539
Newport West	£5,500	£85,721	£34,332	£125,553
Ogmore	£5,500	£96,521	£31,272	£133,293
Pontypridd	£4,500	£81,640	£33,924	£120,064
Preseli Pembrokeshire	£5,500	£127,309	£48,611	£181,420
Rhondda	£4,500	£78,287	£34,049	£116,836
Swansea East	£4,500	£82,483	£29,868	£116,851
Swansea West	£4,500	£89,047	£28,685	£122,232
Torfaen	£8,500	£103,341	£44,374	£156,215
Vale of Clwyd	£8,500	£100,859	£27,566	£136,925
Vale of Glamorgan	£8,500	£179,906	£57,551	£245,957
Wrexham	£5,500	£75,840	£24,604	£105,944
Ynys Môn	£8,500	£95,849	£40,405	£144,754

Articles 7, 8 and 9

SCHEDULE 2 Total recoverable amounts for services rendered and expenses incurred at a contested Senedd regional election

1. Senedd Electoral Region	2. Total amount for services rendered by electoral administrators	3. Total amount for expenses incurred	4. Overall maximum recoverable amount
Mid and West Wales	£2,500	£17,528	£20,028
North Wales	£2,500	£18,795	£21,295
South Wales Central	£2,500	£20,665	£23,165
South Wales East	£2,500	£19,084	£21,584
South Wales West	£2,500	£16,364	£18,864

EXPLANATORY NOTE

(This note is not part of the Order)

This Order contains the maximum amounts a returning officer may recover for services rendered and expenses incurred for, or in connection with, the conduct of the Senedd Cymru election. This Order replaces and revokes the National Assembly for Wales (Returning Officers’ Charges) Order 2016 (S.I. 2016/417) (W. 133).

The Senedd Cymru election is to be held on the same day as the election of Police and Crime Commissioners. Therefore all amounts have taken into account the provisions contained in article 16A of the National Assembly for Wales (Representation of the People) Order 2007 (S.I. 2007/236) (as inserted by the National Assembly for Wales (Representation of the People) (Amendment) Order 2016 (S.I. 2016/272)), which requires these amounts to be apportioned equally between the Senedd Cymru election and the election of Police and Crime Commissioners.

Articles 4, 5 and 6 of this Order specify the maximum amounts for services rendered and expenses incurred for, or in connection with, a contested constituency election. The amount recoverable for services rendered is concerned with electoral administration and the discharge of duties relating to the election by returning officers and electoral administrators. Expenses incurred differentiate between standard expenses and coronavirus related expenses. The amounts are listed in the table in Schedule 1.

Articles 7, 8 and 9 specify the maximum amounts for services rendered and expenses incurred for, or in connection with, a contested regional election. The amounts are listed in the table in Schedule 2.

Article 10 specifies the maximum amount for an uncontested constituency election, whereas article 11 specifies the maximum amount for an uncontested regional election.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with this Order. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ and on the Welsh Government’s website at www.gov.wales.

(1)

S.I. 2007/236, amended by S.I. 2009/1182; S.I. 2010/1142 (W. 101); S.I. 2010/2931; S.I. 2011/1441; S.I. 2011/2085; S.I. 2012/1479; S.I. 2013/388; S.I. 2013/591; S.I. 2015/664; S.I. 2016/272; S.I. 2016/292; section 3 of the Wales Act 2014 (c. 29); section 27 of the Senedd and Elections (Wales) Act 2020 (anaw 1) and S.I. 2020/1558 (W. 329).

(2)

2006 c. 32; section 2 was amended by the Parliamentary Voting System and Constituencies Act 2011 (c. 1) and the Senedd and Elections (Wales) Act 2020.

(3)

S.I. 2016/417 (W. 133).