The Parliamentary Elections (Returning Officers’ Charges) Order 2017

Statutory Instruments

2017 No. 637

Representation Of The People

The Parliamentary Elections (Returning Officers’ Charges) Order 2017

Made

3rd May 2017

Coming into force in accordance with article 1(1)

The Minister for the Cabinet Office, with the consent of the Treasury, makes this Order in exercise of the powers conferred by section 29(3), (3A) and (4C) of the Representation of the People Act 1983(1).

Citation, commencement and extent

1.—(1) This Order may be cited as the Parliamentary Elections (Returning Officers’ Charges) Order 2017 and comes into force on the day after the day on which it is made.

(2) This Order extends to England and Wales and Scotland except article 5(2)(o) which extends to Scotland only.

Revocation

2.  The Parliamentary Elections (Returning Officers’ Charges) Order 2015(2) is revoked.

Returning officers: overall maximum recoverable amount

3.  The overall maximum recoverable amount for each constituency is the amount listed in the corresponding entry in column 4 of the table in the Schedule.

Returning officers: maximum recoverable amount for specified services

4.—(1) The maximum recoverable amount in respect of specified services for each constituency is the amount listed in the corresponding entry in column 2 of the table in the Schedule.

(2) The specified services are—

(a) making arrangements for the parliamentary election;

(b) discharging the returning officer’s duties at the parliamentary election.

Returning officers: maximum recoverable amount for specified expenses

5.—(1) The maximum recoverable amount in respect of specified expenses for each constituency is the amount listed in the corresponding entry in column 3 of the table in the Schedule.

(2) The specified expenses are those incurred in—

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

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

(c) undertaking 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, where appropriate, publishing notices and any other documents required by any enactment or instrument for or in connection with the parliamentary election;

(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;

(o) in a constituency in Scotland, the supply of copies of the register of electors for use in the conduct of the parliamentary election.

Overall maximum recoverable amount at an uncontested parliamentary election

6.  At an uncontested parliamentary election—

(a) articles 3 to 5 do not apply; and

(b) the overall maximum recoverable amount for each constituency is £1,750.

Chris Skidmore

Minister for the Constitution

Cabinet Office

3rd May 2017

We consent to this Order

Two of the Lord Commissioners of Her Majesty’s Treasury

Guto Bebb

Andrew Griffiths

3rd May 2017

Articles 3, 4(1) and 5(1)

SCHEDULE Overall maximum recoverable amounts and maximum recoverable amounts for specified services and specified expenses for each constituency where a parliamentary election is a standalone poll.

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 parliamentary elections in England, Wales and Scotland. It replaces the Parliamentary Elections (Returning Officers’ Charges) Order 2015 (S.I. 2015/476).

Under section 29(3) of the Representation of the People Act 1983 (c.2) a returning officer may recover their charges for services and expenses, provided they were necessarily rendered or incurred for the efficient and effective conduct of the parliamentary election and the total does not exceed the overall maximum recoverable amount specified by the Minister in an order. Section 29(3A) enables the Minister to specify by order a maximum recoverable amount for particular services or expenses.

Articles 3, 4(1) and 5(1) and the Schedule specify the maximum amounts recoverable by returning officers when a parliamentary election is a stand-alone poll. On the day of the 2017 parliamentary general election no other elections will be taking place.

The table in the Schedule 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).

In the case of an uncontested parliamentary election, article 6 provides that articles 3 to 5 do not apply. Instead the overall maximum recoverable amount is £1,750 for each constituency.

A full regulatory impact assessment has not been produced for this instrument because no impact on the private or voluntary sectors is foreseen.

(1)

1983 c. 2. Section 29 was amended by paragraphs 3 and 4 of Schedule 6 to the Representation of the People Act 2000 (c. 2), section 68 of the Electoral Administration Act 2006 (c. 22) and section 18(1) of the Electoral Registration and Administration Act 2013 (c. 6). Paragraph 6(3) of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c. 41), as amended by paragraphs 104 and 107 of Schedule 1 to the Electoral Administrations Act 2006, substituted subsections (3) to (4C) but these substitutions are not yet in force. The Transfer of Functions (Returning Officers’ Charges) Order 1991 (S.I. 1991/1728) transferred the functions formally conferred on the Treasury by section 29 to the Secretary of State and made consequential amendments. These functions were made exercisable concurrently by the Lord President of the Council and the Secretary of State by the Lord President of the Council Order 2010 (S.I. 2010/1837). The Lord President of the Council’s functions were transferred to the Chancellor of the Duchy of Lancaster by the Chancellor of the Duchy of Lancaster Order 2015 (S.I. 2015/1376); and were subsequently transferred to the Minister for the Cabinet Office by the Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997). Consent of the Treasury is required by section 29(9) of the Representation of the People 1983 Act. There are other amendments to the section but none is relevant.

(2)

S.I. 2015/476.