PART 1 Introduction

Citation, commencement, extent, saving and revocation

1.—(1) This Order may be cited as the Police and Crime Commissioner Elections (Local Returning Officers’ and Police Area Returning Officers’ Charges) Order 2021, and comes into force on the day after the day on which it is made.

(2) This Order extends to England and Wales.

(3) This Order does not apply in relation to an election for which the date of poll is on or before 5th May 2021.

(4) So far as it relates to an election for which the date of poll is on or after 6th May 2021, the Police and Crime Commissioner Elections (Local Returning Officers’ and Police Area Returning Officers’ Charges) Order 2016( 3) is revoked.

Interpretation

2.—(1) In this Order—

“police area” means a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London)( 4);

“police area returning officer” means, in relation to a police area, the person for the time being designated by an order made under section 54(1)(b) of the Police Reform and Social Responsibility Act 2011 (returning officers etc) as the police area returning officer for that area, so far as such an order applies for the purposes of an election the poll for which is on or after 6th May 2021;

“Senedd Cymru general election” has the same meaning as in article 2(1) of the National Assembly for Wales (Representation of the People) Order 2007( 5) (“the 2007 Order”).

(2) Subject to paragraph (3), a reference in this Order to a voting area is a reference to a voting area within the meaning of article 2(2) of the Police and Crime Commissioner Elections Order 2012( 6) (“the 2012 Order”).

(3) When the poll at a police and crime commissioner election in Wales is required to be taken together with the poll at a Senedd Cymru general election by virtue of article 16A(1) of the 2007 Order, a reference in this Order to a voting area is a reference to a voting area within the meaning of article 2(2B)(a) of the 2012 Order( 7).

PART 2 Charges for services and expenses of local returning officers

Local returning officers: maximum recoverable amount for specified services

3.—(1) Paragraph (2) applies in relation to an ordinary election the poll for which takes place on 6th May 2021.

(2) The maximum amount recoverable by a local returning officer for a voting area listed in column 1 of the table in Schedule 1 in respect of the services specified in paragraph (5) (“the services”) is the corresponding amount for that area specified in column 2 of that table.

(3) Paragraph (4) applies in relation to an election held to fill a vacancy in the office of police and crime commissioner, where the poll for that election is not combined with any other poll.

(4) The maximum amount recoverable by a local returning officer for a voting area listed in column 1 of the table in Schedule 2 in respect of the services is the corresponding amount for that area specified in column 2 of that table.

(5) The services specified are—

(a) making arrangements for the police and crime commissioner election;

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

Local returning officers: maximum recoverable amount for specified expenses

4.—(1) Paragraph (2) applies in relation to an ordinary election the poll for which takes place on 6th May 2021.

(2) The maximum amount recoverable by a local returning officer for a voting area listed in column 1 of the table in Schedule 1 in respect of the expenses specified in paragraph (5) (“the expenses”) is the corresponding amount for that area specified in column 3 of that table.

(3) Paragraph (4) applies in relation to an election held to fill a vacancy in the office of police and crime commissioner, where the poll for that election is not combined with any other poll.

(4) The maximum amount recoverable by a local returning officer for a voting area listed in column 1 of the table in Schedule 2 in respect of the expenses is the corresponding amount for that area specified in column 3 of that table.

(5) The expenses specified are those incurred in—

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

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

(c) printing or otherwise producing the ballot paper;

(d) printing, or otherwise producing, or buying the postal vote stationery;

(e) printing, or otherwise producing, and arranging for the delivery of poll cards;

(f) printing, or otherwise producing, and where appropriate publishing, notices and any other documents required by an enactment for or in connection with the police and crime commissioner election;

(g) renting, heating, lighting, cleaning, adapting or restoring any building or room;

(h) providing and transporting equipment;

(i) providing information and communications technology, equipment and software, and associated costs;

(j) providing for the safekeeping and security of ballot papers (including, where necessary, the secure storage of ballot boxes) and any verification documents kept by the returning officer;

(k) conducting the verification of ballot paper accounts and the count;

(l) providing and receiving training;

(m) providing stationery and meeting postage, telephone, printing, translation and banking costs, and the costs of other miscellaneous items.

Local returning officers: overall maximum recoverable amount

5.—(1) Paragraph (2) applies in relation to an ordinary election the poll for which takes place on 6th May 2021.

(2) The overall maximum amount recoverable by a local returning officer for a voting area listed in column 1 of the table in Schedule 1 is the corresponding amount for that area specified in column 4 of that table.

(3) Paragraph (4) applies in relation to an election held to fill a vacancy in the office of police and crime commissioner, where the poll for that election is not combined with any other poll.

(4) The overall maximum amount recoverable by a local returning officer for a voting area listed in column 1 of the table in Schedule 2 is the corresponding amount for that area specified in column 4 of that table.

PART 3 Charges for services and expenses of police area returning officers

Police area returning officers: maximum recoverable amount for specified services

6.—(1) Paragraph (2) applies in relation to an ordinary election the poll for which takes place on 6th May 2021, and to any election held to fill a vacancy in the office of police and crime commissioner.

(2) The total of the charges recoverable by a police area returning office for each police area listed in column 1 of the table in Schedule 3 in respect of the services specified in paragraph (3) must not exceed the corresponding amount specified in column 2 of that table.

(3) The services specified are—

(a) making arrangements for the election;

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

Police area returning officers: maximum recoverable amount for specified expenses

7.—(1) Paragraph (2) applies in relation to an ordinary election the poll for which takes place on 6th May 2021, and to any election held to fill a vacancy in the office of police and crime commissioner.

(2) The total of the charges recoverable by a police area returning officer for each police area listed in column 1 of the table in Schedule 3 in respect of the expenses specified in paragraphs (3) and (4) must not exceed the corresponding amount specified in column 3 of that table.

(3) The expenses specified in this paragraph are those incurred in—

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

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

(c) discharging the police area returning officer’s functions in relation to the nomination process;

(d) obtaining legal advice or any translations required in connection with candidates’ election addresses;

(e) printing or otherwise producing the ballot paper;

(f) printing or otherwise producing, and where appropriate publishing, notices required by an enactment for or in connection with the police and crime commissioner election;

(g) renting, heating, lighting, cleaning, adapting or restoring any building or room;

(h) providing and transporting equipment;

(i) providing security;

(j) conducting the verification of ballot paper accounts and the count;

(k) providing and receiving training;

(l) providing stationery and meeting postage, telephone, printing, translation and banking costs, and the costs of other miscellaneous items.

(4) The expenses specified in this paragraph are those incurred in discharging the police area returning officer’s functions under regulation 7 of the Police and Crime Commissioner Elections (Functions of Returning Officers) Regulations 2012 (encouraging participation in a police and crime commissioner election)( 8).

Police area returning officers: overall maximum recoverable amount

8.—(1) Paragraph (2) applies in relation to an ordinary election the poll for which takes place on 6th May 2021, and to any election held to fill a vacancy in the office of police and crime commissioner.

(2) In respect of a police area returning officer, the overall maximum recoverable amount for each police area listed in column 1 of the table in Schedule 3 is the corresponding amount specified in column 4 of that table.

PART 4 Charges at uncontested elections

Overall maximum recoverable amount at an uncontested election

9.  Articles 3 to 8 do not apply at an uncontested election and instead—

(a) in respect of a local returning officer, the overall maximum recoverable amount for each voting area is £1,750;

(b) in respect of a police area returning officer, the overall maximum recoverable amount for each police area is £350.

PART 5 Consequential amendments

Consequential amendments

10.—(1) In the Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017( 9), in Schedule 2 (exclusion of legislation from application to the combined authority mayor with policing and crime functions), at the end insert—

“38.   Police and Crime Commissioner Elections (Local Returning Officers’ and Police Area Returning Officers’ Charges) Order 2021. ”.

(2) In the West Yorkshire Combined Combined Authority (Election of Mayor and Functions) Order 2021( 10), in Schedule 6 (exclusion of legislation from application to the combined authority mayor with policing and crime functions), at the end insert—

“38.   Police and Crime Commissioner Elections (Local Returning Officers’ and Police Area Returning Officers’ Charges) Order 2021. ”.

Articles 3, 4 and 5

SCHEDULE 1 Local returning officers: maximum recoverable amounts for voting areas reflecting the level of poll combination at ordinary elections on 6th May 2021

Articles 3, 4 and 5

SCHEDULE 2 Local returning officers: maximum recoverable amounts for voting areas for an election to fill a vacancy in the office of police and crime commissioner, if the poll is not combined with any other poll

Articles 6, 7 and 8

SCHEDULE 3 Police area returning officers: maximum recoverable amounts for police areas

EXPLANATORY NOTE

(This note is not part of the Order)

Under section 55 of the Police Reform and Social Responsibility Act 2011 (c. 13), a returning officer may recover charges in respect of services rendered, or expenses incurred, by the officer for or in connection with an election if the services were necessarily rendered, or the expenses necessarily incurred, for the efficient and effective conduct of a police and crime commissioner election (“PCC election”). Those charges may not however exceed the overall maximum recoverable amount specified by the Minister for the Cabinet Office, with the consent of Treasury, in an order. An order may also specify the maximum amount that may be recovered in respect of any specified services or expenses.

Articles 3 to 5 of, and Schedule 1 to, this Order specify the maximum amounts for specified services and specified expenses, and the overall maximum amount, that may be recovered by a local returning officer in respect of a voting area at the PCC election scheduled for 6 May 2021, some of which are combined with other elections. A voting area is a local authority area, except where an ordinary PCC election is combined with a general election for members of the Senedd Cymru, in which case a voting area is a Senedd Cymru constituency.

Articles 3 to 5, and Schedule 2, provide maximum recoverable amounts for PCC elections taken alone following 6th May 2021 to fill a vacancy in the office of PCC.

Articles 6 to 8 and Schedule 3 specify the overall maximum amount and the maximum amounts for specified services and specified expenses that may be recovered by a police area returning officer in respect of a police area at a PCC election.

Article 9 specifies the maximum amounts that may be recovered (instead of the amounts referred to above) where an election is uncontested.

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