The Scottish Parliament (Returning Officers' Charges) (Revocation) Order 2015 No. 761 (S. 4)


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Statutory Instruments

2015 No. 761 (S. 4)

Constitutional Law

Devolution, Scotland

Representation Of The People

The Scottish Parliament (Returning Officers' Charges) (Revocation) Order 2015

Made

17th March 2015

Coming into force

30th June 2015

The Secretary of State, with the consent of the Treasury(1), makes the following Order in exercise of the powers conferred by section 29(3), (3A) and (4C) of the Representation of the People Act 1983(2), as applied and modified by article 18 of the Scottish Parliament (Elections etc.) Order 2010(3):

Citation and commencement

1.  This Order may be cited as the Scottish Parliament (Returning Officers' Charges) (Revocation) Order 2015 and comes into force on 30th June 2015.

Revocation and saving provision

2.-(1) Subject to paragraph (2), the Scottish Parliament (Returning Officers' Charges) Order 2011(4) is revoked.

(2) This Order has no effect for the purposes of any election for which the date of poll is on or before 4th April 2016.

David Mundell

Parliamentary Under Secretary of State

Dover House

London

Scotland Office

17th March 2015

We consent

Gavin Barwell

Mark Lancaster

Two of the Lords Commissioners of Her Majesty's Treasury

17th March 2015

EXPLANATORY NOTE

(This note is not part of the Order)

This Order revokes the Scottish Parliament (Returning Officers' Charges) Order 2011 ("the 2011 Order") which specifies the maximum amounts which are recoverable by regional and constituency returning officers for their services and expenses in connection with the conduct of elections for membership of the Scottish Parliament.

Article 2 provides for the revocation of the 2011 Order not to apply to elections which have a date of poll on or before 4th April 2016 (5th April 2016 being the earliest possible date of the next ordinary general election to the Scottish Parliament after the making of this Order). The maximum amounts which are recoverable by returning officers for elections with polls before then will continue to be governed by the 2011 Order.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.

(1)

The consent of the Treasury is required by section 29(9) of the Representation of the People Act 1983 (c.2) as applied and modified by article 18 of S.I. 2010/2999.

(2)

1983 c.2; section 29 was amended by the Representation of the People Act 1991 (c.11), section 1; the Representation of the People Act 2000 (c.2), Schedule 6, paragraph 4; the Electoral Administration Act 2006 (c.22), section 68; the Electoral Registration and Administration Act 2013 (c.6), section 18, and S.I. 1991/1728; it is also amended by the Political Parties, Elections and Referendums Act 2000 (c.41), Schedule 21, paragraph 6(3) and the Electoral Administration Act 2006, Schedule 1, paragraph 107(2), but these amendments are not yet in force.

(3)

S.I. 2010/2999; article 18 will be modified by the Scotland Act 2012 (c.11), section 3, and amended by S.I. 2015/683, but these modifications and amendments are not yet in force; there are other amending instruments but none is relevant.


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