Citation, commencement and interpretation

1.-(1) This Order may be cited as the Scottish Parliamentary Elections (Returning Officers' Charges) Order 1999 and shall come into force on 12th April 1999.

(2) In this Order-�

"the 1983 Act" means the Representation of the People Act 1983;

"the 1999 Order" means the Scottish Parliament (Elections etc.) Order 1999;

"combined polls" refers to the poll at a Scottish parliamentary election and the poll at a local government election when they are taken together under article 13 of the 1999 Order;

"constituency returning officer" means the officer who, in accordance with article 14 of the 1999 Order is the constituency returning officer for a Scottish parliamentary election;

"regional returning officer" means a regional returning officer for the purposes of the Scotland Act 1998(3);

"general election" means an ordinary general election for membership of the Scottish Parliament;

"by-election" means an election held to fill the vacant seat of a constituency member of the Scottish Parliament under section 8 of the Scotland Act;

"Scottish parliamentary election" means an election for membership of the Scottish Parliament,

and any other expression used in this Order which is also used in the Scotland Act 1998 will have the same meaning in this Order as it has in that Act.

(3) Any reference to the register of electors is to the register of electors used at the election at which the services were rendered or expenses incurred and to that register as first published.

Constituency returning officers

2.-(1) For the purposes of paragraph (a) of section 29(3) of the 1983 Act, as applied by article 18 of the 1999 Order(4)-�

(a)the services of a constituency returning officer which are of a kind described in paragraphs 1(1) and 2(1) of Part A of the Schedule to this Order (hereafter referred to as "services specified in Part A of the Schedule"); and

(b)the expenses of a constituency returning officer which are of a kind described in paragraphs 1(1), 2(1), 3(1), 4(1) and 5 of Part B of the Schedule to this Order (hereafter referred to as "expenses specified in Part B of the Schedule") and expenses of a kind described in Part C of the Schedule to this Order,

are hereby specified.

(2) The maximum recoverable amounts by a constituency returning officer at a contested election in respect of the services specified in Part A of the Schedule or the expenses specified in Part B of the Schedule are hereby specified as-�

(a)in the case of a general election, the amounts set out in column 2 of those Parts; and

(b)in the case of a by-election, the amounts set out in column 3 of those Parts,

in respect of each entry set out opposite thereto in column 1 of those Parts.

Regional returning officers

3.-(1) For the purposes of paragraph (a) of section 29(3) of the 1983 Act as applied by article 18 of the 1999 Order-�

(a)the services of a regional returning officer in conducting the general election and discharging his duties;

(b)the expenses of a regional returning officer in respect of the payment of persons employed in connection with the calculation of regional figures for the purposes of section 7 of the Scotland Act 1998 and the allocation of seats to registered political parties and individual candidates under section 7 of that Act;

(c)the travelling and overnight subsistence expenses of-�

(i)the regional returning officer;

(ii)any person placed at the regional returning officer's disposal under article 15(2) of the 1999 Order;

(iii)any clerical or other assistants employed by the regional returning officer;

(d)the expenses of a regional returning officer in printing or otherwise producing the ballot papers;

(e)the expenses of a regional returning officer in printing or otherwise producing and, where appropriate publishing notices and other documents required by the 1999 Order;

(f)the expenses of a regional returning officer in the provision of stationary and writing implements and in postage, telephone and bank charges and other miscellaneous items,

are hereby specified.

(2) The maximum recoverable amounts by a regional returning officer at a contested election are hereby specified as-�

(a)£500 in respect of the services specified in paragraph (1)(a) above; and

(b)£400 in respect of the expenses specified in paragraph (1)(b) above.

Uncontested elections - regional returning officers

4. Where the return of regional members at a general election is uncontested, the maximum recoverable amounts by a regional returning officer are hereby specified as-�

(a)£77.46 in respect of the services specified in paragraph (1)(a) of article 3 of this Order; and

(b)£192.78 in respect of the expenses specified in paragraph (1)(b) of article 3 of this Order.

Uncontested elections - constituency returning officers

5.-(1) Where the return of regional members at a general election is uncontested, or, as the case may be, the return of constituency members at a general election is uncontested, the maximum recoverable amounts by a constituency returning officer in respect of-�

(a)the services specified in Part A of the Schedule; and

(b)the expenses specified in Part B of the Schedule,

are hereby specified as the amounts set out in column 3 of those parts in respect of each entry set out opposite thereto in column 1 of those parts.

(2) Where the return of constituency members at a by-election is uncontested, or, as the case may be, where at a general election both the return of regional members and the return of constituency members is uncontested, the maximum recoverable amounts by a constituency returning officer are hereby specified as-�

(a)£387.30 in respect of the services specified in Part A of the Schedule; and

(b)£958.69 in respect of the expenses specified in Part B of the Schedule.

Articles 2 and 5

SCHEDULESERVICES AND EXPENSES IN RESPECT OF WHICH A CONSTITUENCY RETURNING OFFICER AT A SCOTTISH PARLIAMENTARY ELECTION MAY RECOVER HIS CHARGES

PART AMAXIMUM RECOVERABLE AMOUNTS FOR SERVICES OF CONSTITUENCY RETURNING OFFICER

PART BEXPENSES OF CONSTITUENCY OFFICER FOR WHICH MAXIMUM RECOVERABLE AMOUNTS ARE SPECIFIED

PART CEXPENSES OF CONSTITUENCY RETURNING OFFICER FOR WHICH NO MAXIMUM RECOVERABLE AMOUNTS ARE SPECIFIED

1. Travelling and overnight subsistence expenses of-�

(a)the constituency returning officer;

(b)any person placed at the constituency returning officer's disposal under article 15(1) of the 1999 Order;

(c)any presiding officer or poll clerk; and

(d)any clerical or other assistants employed by the returning officer.

2. Expenses in printing or otherwise producing the ballot papers.

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 3(1) of Part B of this Schedule.

4. Expenses in printing or otherwise producing and, where appropriate, publishing notices and other documents required by the 1999 Order.

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 ballot boxes.

8. Expenses in the conveyance to and from the polling stations of-�

(a)the ballot boxes and ballot papers, and

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

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

10. Expenses in connection with the provision of security measures.

11. Expenses in the supply of copies of the register of electors for use in the conduct of the election.

Explanatory Note

(This note is not part of the Order)

This Order makes provision for the payment of constituency and regional returning officers at elections for membership of the Scottish Parliament in respect of their services and expenses in connection therewith.

The regional returning officers are responsible for receiving the regional lists of candidates from registered political parties to be regional members for their region, receiving the nominations of individual candidates to be regional members for their region, calculating the regional figures for the purpose of allocating regional member seats to registered political parties or individual candidates and co-ordinating the functions of the constituency returning officers in their region, in so far as they relate to the poll for the return of regional members.

The constituency returning officers are responsible for all other functions in connection with the elections, including the counting of votes for the return of constituency members and the counting of the regional votes.

Under section 29(3) of the Representation of the People Act 1983, as applied for the purposes of elections for membership of the Scottish Parliament, the entitlement of a regional returning officer, or, as the case may be, a constituency returning officer at an election to recover his charges in respect of his services or expenses for in connection with such an election depends upon-�

(a)the services or expenses being of a kind specified in an order made under that provision;

(b)the services being properly rendered and the expenses being properly incurred; and

(c)the charges in respect of them being reasonable.

Article 2(1)(a) and (2) of and Part A of the Schedule to this Order specifies the kinds of services rendered by a constituency returning officer for or in connection with an election in respect of which he is entitled to recover his charges, together with maximum recoverable amounts in respect of those services. Article 2(1)(b) and (2) of and Parts B and C of the Schedule specify the kinds of expenses incurred by a constituency returning officer for or in connection with an election in respect of which he is entitled to recover his charges, together (in the case of Part B) with the maximum recoverable amount in respect of those expenses.

Article 3 of this Order specifies the kinds of services and expenses rendered by a regional returning officer for or in connection with an election in respect of which he is entitled to recover his charges, together with the maximum recoverable amount in respect of the services specified in article 3(1)(a) and the expenses specified in article 3(1)(b).

The Order also makes provision for additional payments where the poll at a Scottish parliamentary election is taken together with the poll at a local government election.

Articles 4 and 5 of this Order make provision for the charges that are recoverable by constituency and regional returning officers at uncontested elections.