2015 No. 368

Representation Of The People

The Scottish Independence Referendum (Chief Counting Officer and Counting Officer Charges and Expenses) Order 2015

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Order in exercise of the powers conferred by section 9(3) and (4) of the Scottish Independence Referendum Act 20131.

Citation and commencement1

This Order may be cited as the Scottish Independence Referendum (Chief Counting Officer and Counting Officer Charges and Expenses) Order 2015 and comes into force on 30th November 2015.

Interpretation2

In this Order “the referendum” means the referendum on a question about the independence of Scotland provided for by the Scottish Independence Referendum Act 2013.

Chief Counting Officer: overall maximum recoverable amount3

The overall maximum amount recoverable by the Chief Counting Officer in respect of the referendum is £509,880.

Chief Counting Officer: maximum recoverable amount for specified services4

1

The total of the charges recoverable by the Chief Counting Officer in respect of the specified services for the referendum cannot exceed £25,000.

2

The specified services are making arrangements for the referendum and discharging the Chief Counting Officer’s duties at the referendum.

Chief Counting Officer: maximum recoverable amount for specified expenses5

1

The total of the expenses recoverable by the Chief Counting Officer in respect of the specified expenses for the referendum cannot exceed £484,880.

2

The specified expenses are costs associated with—

a

the making and management of arrangements for the referendum, including the appointment and payment of persons to assist the Chief Counting Officer;

b

printing, producing and disseminating directions, guidance and forms to counting officers;

c

the collation of the result of the referendum for the whole of Scotland; and

d

communications relating to the referendum and its result.

Counting officers: overall maximum recoverable amount6

The overall maximum amount recoverable by a counting officer in respect of the referendum for each local government area is the amount listed in column 4 of the table in the Schedule to this Order.

Counting officers: maximum recoverable amount for specified services7

1

The total of the charges recoverable by a counting officer in respect of the specified services for the referendum cannot exceed the amount listed for each local government area in column 2 of the table in the Schedule to this Order.

2

The specified services are making arrangements for and conducting the referendum, and discharging the counting officer’s duties at the referendum.

Counting officers: maximum recoverable amount for specified expenses8

1

The total of the expenses recoverable by a counting officer in respect of the specified expenses for the referendum cannot exceed the amount listed for each local government area in column 3 of the table in the Schedule to this Order.

2

The specified expenses are—

a

the appointment and payment of persons to assist the counting officer;

b

travel and overnight subsistence for the counting officer and any person appointed to assist the counting officer;

c

printing or otherwise producing the ballot paper;

d

printing, producing or purchasing stationery to be used for or in connection with postal voting;

e

printing or otherwise producing and arranging for the delivery of the poll cards required by rule 11 of schedule 3 to the Scottish Independence Referendum Act 2013;

f

printing or otherwise producing and, where appropriate, publishing notices, lists and any other documents required for, or in connection with, the referendum;

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 security, including any necessary storage of ballot boxes, ballot papers, postal voting statements and documents used to verify personal identifiers on postal voting statements;

k

conducting the verification of personal identifiers on postal voting statements and the count (including counting and recording the number of ballot papers, counting the votes and any recount);

l

providing and receiving training; and

m

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

Revocation9

The Scottish Independence Referendum (Chief Counting Officer and Counting Officer Charges and Expenses) Order 20142 is revoked.

JOHN SWINNEYA member of the Scottish GovernmentSt Andrew’s House,Edinburgh

SCHEDULECounting officers: maximum recoverable amounts

Articles 6, 7 and 8

Column 1

Column 2

Column 3

Column 4

Local government area

Maximum recoverable amount for specified services

Maximum recoverable amount for specified expenses

Overall maximum recoverable amount

£

£

£

Aberdeen City

8,267

486,735

495,002

Aberdeenshire

9,521

563,158

572,679

Angus

4,227

241,554

245,781

Argyll & Bute

3,248

266,975

270,223

Clackmannanshire

2,500

111,199

113,699

Dumfries & Galloway

5,652

370,593

376,245

Dundee City

5,212

245,225

250,437

East Ayrshire

4,639

253,520

258,159

East Dunbartonshire

3,965

157,370

161,335

East Lothian

3,760

174,711

178,471

East Renfrewshire

3,421

177,239

180,660

Edinburgh (City of)

16,777

1,156,029

1,172,806

Eilean Siar

2,500

71,539

74,039

Falkirk

5,536

282,985

288,521

Fife

13,789

591,044

604,833

Glasgow City

22,648

1,050,273

1,072,921

Highland

8,821

498,934

507,755

Inverclyde

2,998

161,488

164,486

Midlothian

3,135

130,697

133,832

Moray

3,421

177,123

180,544

North Ayrshire

5,283

280,668

285,951

North Lanarkshire

11,957

777,186

789,143

Orkney Islands

2,500

50,106

52,606

Perth & Kinross

5,414

288,103

293,517

Renfrewshire

6,369

377,130

383,499

Scottish Borders

4,368

267,710

272,078

Shetland Islands

2,500

50,640

53,140

South Ayrshire

4,364

254,289

258,653

South Lanarkshire

11,776

581,162

592,938

Stirling

3,152

150,224

153,376

West Dunbartonshire

3,261

156,437

159,698

West Lothian

6,297

292,914

299,211

EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides for payments for charges and expenses of the Chief Counting Officer and counting officers in connection with the referendum on Scottish independence held on 18th September 2014 under the Scottish Independence Referendum Act 2013. Under section 9 of that Act the Chief Counting Officer and counting officers are entitled to recover from the Scottish Ministers the charges and expenses they incurred in exercising their functions, provided the amounts sought do not exceed such maximum amounts as are specified in this Order.

Maximum amounts were specified by the Scottish Independence Referendum (Chief Counting Officer and Counting Officer Charges and Expenses) Order 2014 (“the 2014 Order”), which came into force on 5th May 2014. Article 9 of this Order revokes the 2014 Order, and instead the amounts specified in this Order will be the maximum recoverable amounts.

Articles 3 to 5 make provision in relation to the Chief Counting Officer. The maximum recoverable amount for specified expenses in article 5 has increased from the amount in the 2014 Order, by £159,880, with a consequential increase in the overall maximum recoverable amount specified in article 3. The maximum recoverable amount for specified services, in article 4, is unchanged from that in the 2014 Order.

Articles 6 to 8 and the Schedule make similar provision in relation to counting officers. In most cases there are increases in the maximum recoverable amounts for specified expenses in column 3 of the table in the schedule, though for four local government areas the amounts have reduced. The maximum recoverable amounts for specified services in column 2 of the schedule are unchanged from those in the 2014 Order.