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11.—(1) In article 23(1) (payments by and to returning officer)(1), at the beginning insert “Subject to article 23A,”.
(2) After article 23 insert—
23A.—(1) This article applies to a service rendered by a returning officer for or in connection with an Assembly election which, in the opinion of the Electoral Commission, was inadequately performed.
(2) The Commission may recommend to the Welsh Ministers that the returning officer is entitled under article 23(1) to no more than a specified amount (which may be nil) in respect of that service.
(3) In making a recommendation under paragraph (2), the Commission must have regard to—
(a)any report prepared under section 5 of the 2000 Political Parties Act(2) on the administration of the Assembly election concerned,
(b)any assessments of the level of performance of the returning officer in relation to that election under section 9B(4) of that Act(3),
(c)any representations made to the Commission by the returning officer in respect of the performance of the service, and
(d)any other information relating to the performance of the service by the returning officer that has been provided to the Commission.
(4) Where the Commission makes a recommendation under paragraph (2), the returning officer is entitled under article 23(1) to no more than the amount (which may be nil) determined by the Welsh Ministers, having regard to the recommendation of the Commission.”.
(3) In paragraph 3(1) of Schedule 4 (combination of polls: modification of provisions relating to expenses), after paragraph (a) insert—
“(aa)in article 23A (inadequate performance of returning officer: reduction of charges);”.
(4) In article 24 (detailed assessment of returning officer’s account), omit paragraph (4)(4).
Certain functions conferred on the Assembly before the ordinary election in 2007 (including those in article 23) were transferred to the Welsh Ministers at the end of the “initial period” after that election by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c. 32). The initial period is defined in section 161(5) of that Act.
2000 c. 41; relevant amendments were made to section 5 (insertion of subsection (2A)) by section 28 of the Electoral Administration Act 2006 (c. 22) (“2006 Act”) and further relevant amendments were made to subsection (2A) by S.I. 2007/1388.
Section 9B was inserted by section 67 of the 2006 Act.
This paragraph applies CCR Order 45 to detailed assessments of returning officer’s accounts. CCR Order 45 has been revoked (see above).
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