Citation, commencement, extent and interpretation

1.-(1) This Order may be cited as the Parliamentary Elections (Returning Officers' Charges) Order 2015 and comes into force on the day after the day on which it is made.

(2) This Order extends to England, Wales and Scotland except articles 3(3), 4(3) and 5(3) which extend to England and Wales only and article 5(o) which extends to Scotland only.

(3) In this Order-

"an ordinary election of councillors" means an ordinary election of councillors under section 37(1) of the Representation of the People Act 1983(2);

"an ordinary election of a mayor" means an ordinary election of a mayor under section 9H of the Local Government Act 2000(3).

Revocation

2.  The Parliamentary Elections (Returning Officers' Charges) Order 2010(4) is revoked.

Returning officers: overall maximum recoverable amount

3.-(1) Except in a case described in paragraph (2) or (3), the overall maximum recoverable amount for each constituency is the amount listed in the corresponding entry in column 4 of the table in Schedule 1.

(2) Where, in a constituency listed in the table in Schedule 2, the poll at a parliamentary general election in 2015 is taken together only with the poll at an ordinary election of councillors, the overall maximum recoverable amount for that constituency is the amount listed in the corresponding entry in column 4 of that table(5).

(3) Where, in a constituency listed in the table in Schedule 3, the poll at a parliamentary general election in 2015 is taken together with the poll at an ordinary election of councillors and also the poll at an ordinary election of a mayor, the overall maximum recoverable amount for that constituency is the amount listed in the corresponding entry in column 4 of that table(6).

Returning officers: maximum recoverable amount for specified services

4.-(1) Except in a case described in paragraph (2) or (3), 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 Schedule 1.

(2) Where, in a constituency listed in the table in Schedule 2, the poll at a parliamentary general election in 2015 is taken together only with the poll at an ordinary election of councillors, the maximum recoverable amount in respect of specified services for that constituency is the amount listed in the corresponding entry in column 2 of that table.

(3) Where, in a constituency listed in the table in Schedule 3, the poll at a parliamentary general election in 2015 is taken together with the poll at an ordinary election of councillors and also the poll at an ordinary election of a mayor, the maximum recoverable amount in respect of specified services for that constituency is the amount listed in the corresponding entry in column 2 of that table.

(4) 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) Except in a case described in paragraph (2) or (3), 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 Schedule 1.

(2) Where, in a constituency listed in the table in Schedule 2, the poll at a parliamentary general election in 2015 is taken together only with the poll at an ordinary election of councillors, the maximum recoverable amount in respect of specified expenses for that constituency is the amount listed in the corresponding entry in column 3 of that table.

(3) Where, in a constituency listed in the table in Schedule 3, the poll at a parliamentary general election in 2015 is taken together with the poll at an ordinary election of councillors and also the poll at an ordinary election of a mayor, the maximum recoverable amount in respect of specified expenses for that constituency is the amount listed in the corresponding entry in column 3 of that table.

(4) 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)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, 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.

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

SCHEDULE 1Overall maximum recoverable amounts and maximum recoverable amounts for specified services and specified expenses for each constituency where a parliamentary election is a stand-alone poll

Articles 3(2), 4(2) and 5(2)

SCHEDULE 2Overall maximum recoverable amounts and maximum recoverable amounts for specified services and specified expenses for constituencies where the poll at the parliamentary general election in 2015 is taken together only with the poll at an ordinary election of councillors

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

SCHEDULE 3Overall maximum recoverable amounts and maximum recoverable amounts for specified services and specified expenses for constituencies where the poll at the parliamentary general election in 2015 is taken together with a poll at an ordinary election of councillors and also the poll at an ordinary election of a mayor

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 2010 (S.I. 2010/830).

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(1), 4(1) and 5(1) and Schedule 1 specify the maximum amounts recoverable by returning officers when a parliamentary election is a stand-alone poll.

Articles 3(2), 4(2) and 5(2) and Schedule 2 specify the maximum amounts recoverable by returning officers where the parliamentary general election in 2015 is taken together only with the poll at an ordinary election of councillors. Section 15(1) of the Representation of the People Act 1985 (c.50) provides that where the polls at an ordinary election of councillors and a parliamentary general election are to be taken on the same day, they shall be taken together.

Articles 3(3), 4(3) and 5(3) and Schedule 3 specify the maximum amounts recoverable by returning officers where the parliamentary general election in 2015 is taken together with the poll at an ordinary election of councillors and also the poll at an ordinary election of a mayor in England. Schedule 2 of the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 (S.I. 2007/1024) means that where the polls at an ordinary election of councillors, a parliamentary general election and an ordinary election of a mayor are to be taken on the same day, they shall be taken together. Articles 3(3), 4(3) and 5(3) do not extend to Scotland since elected mayors do not exist in Scotland.

On the same day as the 2015 parliamentary general election, there will be elections of metropolitan and non-metropolitan district councillors by thirds (the election of one-third of the councillors for the district) and non-metropolitan district councillors by whole-council elections as well as elections of directly elected mayors.

The table in each of the Schedules 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.