The National Assembly for Wales (Returning Officers' Charges) Order 2006

Welsh Statutory Instruments

2006 No. 3268 (W.298)

REPRESENTATION OF THE PEOPLE, WALES

The National Assembly for Wales (Returning Officers' Charges) Order 2006

Made

6 December 2006

Coming into force

8 December 2006

The National Assembly for Wales, in exercise of the powers conferred upon it by article 21 (1) and (2) of the National Assembly for Wales (Representation of the People) Order 2003(1), and having carried out consultation with the Electoral Commission hereby makes the following Order —

Title and commencement

1.  The title of this Order is the National Assembly for Wales (Returning Officers' Charges) Order 2006 and it comes into force on 8 December 2006.

Interpretation

2.  In this Order —

“the Assembly” (“y Cynulliad”) means the National Assembly for Wales;

“Assembly constituency” (“etholaeth Cynulliad”) and “Assembly electoral region” (“rhanbarth etholiadol Cynulliad”) are to be construed in accordance with section 2(2) of, and Schedule 1 to, the Government of Wales Act 1998(2);

“Assembly election” (“etholiad Cynulliad”) means a constituency election or a regional election;

“constituency election” (“etholiad etholaeth”) means an election to return an Assembly member for an Assembly constituency;

“constituency returning officer” (swyddog canlyniadau etholaeth”) means the person who is the returning officer for a constituency election;

“ordinary election” (“etholiad cyffredin”) means the holding of constituency elections and regional elections for the return of all Assembly members;

“poll clerk” (“clerc pleidleisio”) means a person appointed by the constituency returning officer to assist the presiding officer in the conduct of an election at a polling station;

“presiding officer” (“swyddog llywyddu”) means the person appointed by the constituency returning officer to supervise a polling station;

“regional election” (“etholiad rhanbarthol”) means an election to return Assembly members for an Assembly electoral region;

“regional returning officer” (“swyddog canlyniadau rhanbarthol”) means the person who is the returning officer for a regional election;

“the 2003 Order” (“Gorchymyn 2003”) means the National Assembly for Wales (Representation of the People) Order 2003; and

any reference to a register of electors is a reference to the register (or registers) of electors used at an Assembly election and to the register (or registers) as first published.

Specification for the purposes of article 21 of the 2003 Order

3.—(1) Subject to paragraph (2), for the purposes of article 21 (1) (a) of the 2003 Order, the following services or expenses are hereby specified for, or in connection with, an Assembly election—

(a) services of a kind described in paragraphs 1(1) and 2(1) of the Schedule;

(b) expenses of a kind described in paragraphs 3(1), 4(1), 5(1), 6(1) and 7(1) of the Schedule; and

(c) expenses of a kind described in paragraphs 9 to 20 of the Schedule.

(2) Where in relation to an Assembly constituency there is an uncontested regional election (whether or not at an ordinary election) the specification under paragraph (1) does not have effect in relation to—

(a) services of a kind described in paragraph 1(1) of the Schedule; and

(b) expenses of a kind described in paragraphs 3(1), 4(1), 5(1) and 7(1) of the Schedule;

in relation to that Assembly constituency at the regional election.

(3) Paragraphs (4) to (6) of this article specify maximum recoverable amounts for the purposes of article 21 (2) of the 2003 Order in respect of the specified services and expenses in Parts I and II of the Schedule.

(4) Subject to paragraph (5), at a contested Assembly election the maximum recoverable amounts set out in the Schedule in relation to the specified services and expenses in Parts I and II of the Schedule are hereby specified as the maximum recoverable amounts in relation to those services and expenses.

(5) But where at an ordinary election in relation to an Assembly constituency there are polls at a constituency election and at a regional election any maximum recoverable amount specified by this Order has effect in relation to both elections in relation to that Assembly constituency where (apart from this paragraph) it would otherwise have effect in relation to each such election.

(6) At an uncontested Assembly election the maximum recoverable amounts are hereby specified as—

(a) £475.00 for a constituency returning officer at a constituency election in respect of the specified services in Part I of the Schedule;

(b) £95.00 for a regional returning officer at a regional election in respect of the specified services in Part I of the Schedule;

(c) £1,173.00 for a constituency returning officer at a constituency election in respect of the specified expenses in Part II of the Schedule; and

(d) £235.00 for a regional returning officer at a regional election in respect of the specified expenses in Part II of the Schedule.

Revocation

4.  The National Assembly for Wales (Returning Officers' Charges) Order 2002(3) and the National Assembly for Wales (Returning Officers' Charges) (Amendment) Order 2003(4) are hereby revoked.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998

Dafydd Elis-Thomas

The Presiding Officer of the National Assembly

6 December 2006

SCHEDULE SERVICES AND EXPENSES IN RESPECT OF WHICH A CONSTITUENCY RETURNING OFFICER OR A REGIONAL RETURNING OFFICER AT AN ASSEMBLY ELECTION MAY RECOVER CHARGES

Article 3

PART I Services of a Constituency Returning Officer or a Regional Returning Officer for which Maximum Recoverable Amounts are Specified

Services of constituency returning officer including the issue and receipt of postal ballot papers

1.—(1) This paragraph makes provision for a constituency returning officer’s services in conducting an Assembly election and discharging that person’s duties in connection therewith (including the issue and receipt of the ballot papers for persons entitled to vote by post).

(2) Subject to sub-paragraphs (3) to (5), the maximum recoverable amount at an Assembly election for the specified services in sub-paragraph (1) is £2,600.00.

(3) At an ordinary election the amount mentioned in sub-paragraph (2) is increased by £1,362.00 where in relation to an Assembly constituency there are polls at a constituency election and at a regional election.

(4) The amount mentioned in sub-paragraph (2) is increased by £349.00 where the poll at an Assembly election is combined with the poll at a local government election under article 15(1) or (2) of the 2003 Order.

(5) Where at an ordinary election a person is returning officer at more than three constituency elections the amount mentioned in sub-paragraph (2) is reduced by £291.00 for each such election exceeding three.

Services of regional returning officer

2.—(1) This paragraph makes provision for a regional returning officer’s services in conducting a regional election and discharging that persons duties in connection therewith.

(2) The maximum recoverable amount at a regional election for the specified services in sub-paragraph (1) is £1,362.00.

PART II Expenses of a Constituency Returning Officer or a Regional Returning Officer for which Maximum Recoverable Amounts are Specified

Payment of presiding officers at polling stations

3.—(1) This paragraph makes provisions for a constituency returning officer’s expenses at an Assembly election in respect of the payment of presiding officers at polling stations.

(2) Subject to sub-paragraphs (3) to (6), the maximum recoverable amount at an Assembly election for the specified expenses in sub-paragraph (1) (including expenses incurred in respect of a person who takes over the duties of a presiding officer on polling day due to the incapacity of the previously appointed presiding officer) in respect of the presiding officer at each polling station is £158.00.

(3) At an ordinary election the amount mentioned in sub-paragraph (2) is increased by £41.00 where in relation to an Assembly constituency there are polls at a constituency election and at a regional election.

(4) Where at a polling place there is more than one polling station the amount mentioned in sub-paragraph (2) is increased by £9.00 in respect of one only of the presiding officers at the polling stations at such polling place.

(5) In respect of a presiding officer to whom sub-paragraph (4) applies the amount mentioned in sub-paragraph (2) is increased by £9.00 where sub-paragraph (3) also applies.

(6) The amount mentioned in sub-paragraph (2) is increased by £41.00 where the poll at an Assembly election is combined with the poll at a local government election under article 15(1) or (2) of the 2003 Order.

Payment of poll clerks at polling stations

4.—(1) This paragraph makes provision for a constituency returning officer’s expenses at an Assembly election in respect of the payment of poll clerks at polling stations.

(2) Subject to sub-paragraphs (3) and (4), the maximum recoverable amount at an Assembly election for the specified expenses in sub-paragraph (1) in respect of each poll clerk is £95.00.

(3) At an ordinary election the amount mentioned in sub-paragraph (2) is increased by £24.00 where in relation to an Assembly constituency there are polls at a constituency election and at a regional election.

(4) The amount mentioned in sub-paragraph (2) is increased by £24.00 where the poll at an Assembly election is combined with a poll at a local government election under article 15(1) or (2) of the 2003 Order.

Payment to persons in connection with the issue and receipt of postal ballot papers etc

5.—(1) This paragraph makes provision for a constituency returning officer’s expenses at an Assembly election in respect of the payment of persons employed in connection with the issue and receipt of postal ballot papers and the count and any other clerical or other assistance for the purposes of the election.

(2) Subject to sub-paragraphs (3) to (7), the maximum recoverable amount at an Assembly election for the specified expenses in sub-paragraph (1) is £11,200.00.

(3) At an ordinary election the amount mentioned in sub-paragraph (2) is increased by £10,080.00 where in relation to an Assembly constituency there are polls at a constituency election and at a regional election.

(4) The amount mentioned in sub-paragraph (2) is increased for every 100 voters, or fraction thereof, entitled to vote by post by £62.40 in relation to a constituency election or to a regional election other than an election to which sub-paragraph (5) applies.

(5) At an ordinary election the amount mentioned in sub-paragraph (2) is increased for every 75 voters, or fraction thereof, entitled to vote by post by £62.40 where in relation to an Assembly constituency there are polls at a constituency election and at a regional election.

(6) The amount mentioned in sub-paragraph (2) is increased by £524.00 for each re-count of votes under paragraph 51 or 52 of Schedule 5 to the 2003 Order.

(7) The amount mentioned in sub-paragraph (2) is increased by £1,512.00 where the poll at a constituency election is combined with the poll at a local government election under article 15(1) or (2) of the 2003 Order.

Payment of persons in connection with clerical or other assistance for the purposes of a regional election

6.—(1) This paragraph makes provision for a regional returning officer’s expenses at a regional election in respect of the payment of persons employed in connection with clerical or other assistance for the purposes of the election.

(2) The maximum recoverable amount at a regional election for the specified expenses in sub-paragraph (1) is £1,212.00.

Payments in respect of training

7.—(1) This paragraph makes provision for payment to be made to a constituency returning officer in respect of expenses incurred in the training of presiding officers and poll clerks for duties on polling day in an Assembly election.

(2) The maximum recoverable amount per presiding officer who receives training is £45.00 and is recoverable irrespective of whether the presiding officer who was in receipt of the training discharges the duties on polling day.

(3) In addition to the expenses recoverable under sub-paragraph (2) the maximum recoverable amount per Assembly constituency in the preparation of training material is £140.00.

(4) In addition to expenses recoverable under sub-paragraphs (2) and (3) the maximum recoverable amount for each training presentation given by a constituency returning officer or someone nominated by a constituency returning officer to presiding officers and poll clerks is £112.00.

(5) In addition to expenses recoverable under paragraphs (2), (3) and (4) the maximum recoverable amount of the constituency returning officers' costs incurred per training presentation is £196.00.

(6) The maximum recoverable amount per poll clerk who receives training is £45.00 and is recoverable irrespective of whether the poll clerk who was in receipt of the training discharges the duties on polling day.

PART III Expenses of a Constituency Returning Officer or a Regional Returning Officer for which No Maximum Recoverable Amounts are Specified

General

8.  The expenses of a constituency returning officer or a regional returning officer referred to in paragraphs 9 to 20 are expenses for which no maximum recoverable amounts are specified.

Travelling and overnight subsistence expenses

9.  Travelling and overnight subsistence expenses at an Assembly election—

(a) of a constituency returning officer or a regional returning officer;

(b) of any person where that person’s services have been placed at the disposal of a constituency returning officer or a regional returning officer under article 18 of the 2003 Order;

(c) of any presiding officer or poll clerk; and

(d) of any clerical or other assistant employed by the constituency returning officer or regional returning officer.

Printing etc of the ballot papers

10.  Expenses of a constituency returning officer or a regional returning officer at an Assembly election in printing or otherwise producing the ballot papers.

Printing etc of the poll cards and supporting documentation and their delivery

11.  Expenses of a constituency returning officer at an Assembly election in printing or otherwise producing the official poll cards and any supporting documentation relevant to and in connection with the electoral process (not required to be printed or otherwise produced by or under the 2003 Order) and in delivering such cards together with any such documentation to the voters.

Expenses of printing etc documents

12.  Expenses of a constituency returning officer or a regional returning officer at an Assembly election in printing or otherwise producing and, where appropriate, publishing other documents and notices required to be so printed, produced or published by or under the 2003 Order.

Expenses in renting etc any building or room

13.  Expenses of a constituency returning officer at an Assembly election in renting, heating, lighting and cleaning any building or room.

Expenses of temporarily adapting any building or room etc

14.—(1) Subject to paragraph 15, expenses of a constituency returning officer at an Assembly election in temporarily adapting any building or room and in restoring it to a fit condition for its normal use.

(2) Expenses for the purposes of sub-paragraph (1) includes expenses of a constituency returning officer at an Assembly election in the provision of voting compartments for polling stations (in which voters can make their votes screened from observation) and such other furniture as may be necessary for such stations.

15.  Fifty per cent of the expenses of a constituency returning officer at an Assembly election in purchasing temporary ramps for installation at polling stations so as to provide access to those polling stations by voters with a mobility impairment (notwithstanding that the constituency returning officer may be entitled to any subsidy or payment in respect of the purchase of such ramps, such subsidy or payment not to exceed fifty per cent of the cost of each ramp).

Expenses of provision of ballot boxes etc

16.  Expenses of a constituency returning officer at an Assembly election in the provision of ballot boxes and instruments for stamping on ballot papers the official mark.

Expenses of conveying of ballot boxes etc to and from polling station

17.  Expenses of a constituency returning officer at an Assembly election in the conveyance to and from the polling station—

(a) of the ballot boxes and ballot papers; and

(b) of the voting compartments, any other furniture necessary for polling stations and instruments to stamp the official mark on the ballot papers.

Expenses of provision of stationery etc

18.  Expenses of a constituency returning officer or a regional returning officer at an Assembly election in the provision of stationery and writing implements and in postage, telephone and bank charges and other miscellaneous items.

Expenses of provision of large version of ballot paper etc

19.  Expenses of a constituency returning officer at an Assembly election in providing large versions of the ballot paper in polling stations for the assistance of voters who are partially-sighted and devices for enabling voters who are blind or partially-sighted to vote without any need for assistance from the presiding officer or any companion.

Expenses in connection with provision of security measures

20.  Expenses of a constituency returning officer at an Assembly election in connection with the provision of security measures.

Explanatory Note

(This note is not part of the Order)

Under article 21(1) and (2) of the National Assembly for Wales (Representation of the People) Order 2003 (S.I. 2003/284) (“the 2003 Order”) the entitlement of a returning officer at an election to the National Assembly for Wales to recover charges in respect of that person’s services or expenses for, or in connection, with such an election depends upon —

(a) the services or expenses being of a kind specified in an Order under those provisions;

(b) the services being properly rendered and the expenses being properly incurred; and

(c) the charges in respect of them being reasonable.

This Order is made under article 21 (1) and (2) of the 2003 Order and revokes the National Assembly for Wales (Returning Officers' Charges) Order 2002 (S.I. 2002/3053) (W.288) and the National Assembly for Wales (Returning Officers' Charges) (Amendment) Order 2003 (S.I.2003/3117) (W.295). This Order specifies such services and expenses as are referred to above.

Part I of the Schedule to this Order describes the kinds of services rendered by a constituency returning officer or regional returning officer for, or in connection with, an election to the National Assembly for Wales in respect of which those persons are entitled to recover charges and sets out the maximum recoverable amounts in respect of those services.

Parts II and III of the Schedule describe the kinds of expenses incurred by a constituency returning officer or regional returning officer for, or in connection, with an election to the National Assembly for Wales in respect of which these persons are entitled to recover charges and sets out (in the case of Part II) the maximum recoverable amounts in respect of those expenses.

(1)

S.I. 2003/284 was amended by S.I. 2006/884 however the amendments are not relevant to this Order.

(2)

1998 c. 38.

(3)

S.I. 2002/3053 (W.288).

(4)

S.I. 2003/3117 (W. 295).