The National Assembly for Wales Referendum (Assembly Act Provisions) (Referendum Question, Date of Referendum Etc.) Order 2010

Payments to counting officers

13.—(1) A counting officer is entitled to recover that counting officer’s charges in respect of services rendered, or expenses incurred, for, or in connection with, the referendum if—

(a) the services were necessarily rendered, or the expenses were necessarily incurred, for the efficient and effective conduct of the referendum, and

(b) the total of the charges does not (subject to paragraph (3)) exceed the amount (referred to in this article as the “overall maximum recoverable amount”) specified in, or determined in accordance with, an order made by the Welsh Ministers.

(2) An order under paragraph (1) may specify, or make provision for determining in accordance with the order, a maximum recoverable amount for services or expenses of any specified description and, subject to paragraph (3), the counting officer may not recover more than that amount in respect of any such services or expenses.

(3) The Welsh Ministers may, in a particular case, authorise the payment of—

(a) more than the overall maximum recoverable amount, or

(b) more than the specified maximum recoverable amount for any specified services or expenses,

if the Welsh Ministers are satisfied that the conditions in paragraph (4) are met.

(4) The conditions referred to in paragraph (3) are—

(a) that it was reasonable for the counting officer concerned to render the services or incur the expenses; and

(b) that the charges in question are reasonable.

(5) The power to make orders under paragraph (1) is exercisable by statutory instrument and for the purpose of section 1 of the Statutory Instruments Act 1946(1) this provision is to have effect as if contained in an Act of Parliament.

(6) Any order under paragraph (1) may make different provision for different purposes and may contain such incidental, supplemental, saving or transitional provision as the Welsh Ministers think fit.

(7) The Welsh Ministers must pay the amount of any charges recoverable in accordance with this article on an account being submitted to them but the Welsh Ministers may, if they think fit, before payment, apply for the account to be taxed under the provisions of article 14.

(8) Where the superannuation contributions required to be paid by a local authority within the meaning of the Local Government Act 1972(2) in respect of any person are increased by any fee paid in accordance with this article as part of a counting officer’s charges in the referendum then on an account being submitted to the Welsh Ministers, a sum equal to the increase must be paid by the Welsh Ministers to the authority.

(9) On a counting officer’s request for an advance on account of that counting officer’s charges, the Welsh Ministers may, on such terms as they think fit, make such an advance.

(10) The Welsh Ministers may by regulations make provision as to the time when and the manner and form in which accounts are to be rendered to them for the purpose of the payment of a counting officer’s charges and such regulations may make different provision for different purposes.

(11) Any sums payable by the Welsh Ministers in accordance with this article are to be charged on the Welsh Consolidated Fund.

(1)

1946 c. 36.

(2)

1972 c. 70, see section 270(1). The definition of “local authority” was amended by the Local Government Act 1985 (c..51), Schedule 17 and by the Local Government (Wales) Act 1994, section 1(5).