The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004

Modification of provisions about expenses in the 1983 Act E+W

6.—(1) Where those functions of a returning officer at an election or referendum which are specified in regulation 5 are discharged by the returning officer at another election or referendum under regulation 4, references to the returning officer or his charges or expenditure in—

(a) subsections (3), (4), (4A), (4B), (5), (7) and (8) of section 29 (payments by and to returning officer)(1) of the 1983 Act;

(b) section 30 (taxation of returning officer’s account) of the 1983 Act; and

(c) subsections (4) to (6A)(2) of section 36 (local elections in England and Wales) of the 1983 Act,

shall, to the extent that such functions are so discharged, be construed as references to the returning officer who discharges those functions and his charges or expenditure in respect of those functions.

(2) The reference in section 36(6) of the 1983 Act to the returning officer or a person acting as returning officer requesting an advance in respect of his expenses shall, to the extent that those expenses relate to the functions specified in regulation 5, include a reference to the returning officer who under regulation 4 discharges those functions at the local government election, mayoral election or referendum.

(3) In relation to elections and referendums the polls at which are taken together under section 15(1) or (2) of the 1985 Act the Secretary of State may under section 29(3) of the 1983 Act include special provision for services rendered and expenses incurred in respect of the functions specified in regulation 5 and in respect of the remuneration of presiding officers and clerks by the returning officer who discharges those functions by virtue of regulation 4.

(4) In relation to elections and referendums the polls at which are taken together under section 15(1) or (2) of the 1985 Act or section 36(3), (3AB) or (3AC) of the 1983 Act—

(a) the council for a county, county borough, district or London borough;

(b) the Greater London Authority;

(c) the council for the district in which a parish is situated;

(d) the council for the county or county borough in which a community is situated,

may, in fixing a scale under subsections (4), (4B), (5) and (5A) respectively of section 36 of the 1983 Act(3) include special provision for expenses incurred in respect of the functions specified in regulation 5 and in respect of the remuneration of presiding officers and clerks by the returning officer who discharges those functions by virtue of regulation 4.

(5) In this regulation, references to any provision of an enactment include references to—

(a) any provision in regulations made under section 7 of the 2002 Act which corresponds to that provision; and

(b) that provision as applied by regulations made under sections 44 and 105 or 45 and 105 of the 2000 Act.

Commencement Information

I1 Reg. 6 in force at 23.3.2004, see reg. 1(1)

(1)

Subsections (3), (4), (4A) and (4B) were substituted, for subsections (3) and (4), as originally enacted, by section 1(2) of the Representation of the People Act 1991 (c. 11). Subsection 5 was amended by section 1(3) of the Representation of the People Act 1991 (c. 11) and article 3(4) of S.I. 1991/1728. Subsections (6) and (7) were amended by article 3(2) and (5), and subsections (8) and (9) were amended, by article 3(6) of S.I. 1991/1728.

(2)

Inserted by paragraphs 1 and 4(1) and (4) of Schedule 3 to the Greater London Authority Act (c. 29).

(3)

Subsection 4 was amended by Schedule 17 to the Local Government Act 1985 (c. 51) and paragraph 68(9) of Schedule 16 to the Local Government (Wales) Act 1994 (c. 19). Subsection (4B) was inserted by paragraphs 1 and 4(1) and (3) of Schedule 3 to the Greater London Authority Act 1999 (c. 29). Subsection (5) was amended by paragraph 68(10) of Schedule 16 to, and Schedule 18 to, the Local Government (Wales) Act 1994 (c. 19) and Part I of Schedule 2 to S.I. 1991/1730. Subsection (5A) was inserted by paragraph 68(10) of Schedule 16 to the Local Government (Wales) Act 1994 (c. 19).