Part IU.K. Parliamentary and Local Government Franchise and its Exercise

Modifications etc. (not altering text)

Conduct of parliamentary electionsU.K.

29 Payments by and to returning officer. U.K.

(1)No consideration shall be given by or to a returning officer for the making out, receipt, delivery or return of the writ for a parliamentary election or, subject to the following provisions of this section, otherwise in connection with its execution.

(2)Nothing in subsection (1) above shall be taken as applying to any inclusive salary payable to a returning officer in respect of the office by virtue of which he becomes returning officer.

[F1(3)A returning officer shall be entitled to recover his charges in respect of services properly rendered, or expenses properly incurred, for or in connection with a parliamentary election if—

(a)the services or expenses are of a kind specified in an order made by the Treasury; and

(b)the charges are reasonable.

(4)In any order made under subsection (3) above the Treasury may specify a maximum recoverable amount for services or expenses of any specified description and, subject to subsection (4A) below, the returning officer may not recover more than that amount in respect of any such services or expenses.

(4A)The Treasury may, in a particular case, authorise the payment of more than the specified maximum amount for any specified services or expenses if satisfied—

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

(b)that the charges in question are reasonable.

(4B)Any order under subsection (3) above which specifies a maximum amount for services or expenses of a particular description may—

(a)provide for that amount to increase at prescribed dates, or after prescribed periods, by reference to such formula or other method of determination as may be specified in the order; and

(b)make such transitional provision in connection with any such increase as the Treasury consider appropriate.

(4C)The power to make orders under subsection (3) above shall be exercised by statutory instrument.]

(5)The amount of any [F2 charges recoverable in accordance with this section] shall be charged on and paid out of the Consolidated Fund on an account being submitted to the Treasury, but the Treasury may if they think fit, before payment, apply for the account to be taxed under the provisions of section 30 below.

(6)Where the superannuation contributions required to be paid by a local authority in respect of any person are increased by any fee paid under this section as part of a returning officer’s charges at a parliamentary election, then on an account being submitted to the Treasury a sum equal to the increase shall be charged on and paid out of the Consolidated Fund to the authority.

(7)On the returning officer’s request for an advance on account of his charges, the Treasury may, on such terms as they think fit, make such an advance.

(8)The Treasury may make regulations as to the time when and the manner and form in which accounts are to be rendered to them for the purposes of the payment of a returning officer’s charges.

[F3(9)If the functions of the Treasury under subsections (3) and (4) above are transferred to another Minister of the Crown (as defined in section 8(1) of the M1Ministers of the Crown Act 1975) by an order under that Act, this section shall have effect as if it required the consent of the Treasury to the exercise of any such function.]

Subordinate Legislation Made

P1S. 29(3): power conferred by s. 29(3) exercised (G.B.) by S.I. 1991/1687, art.2.

P2S. 29(3): power conferred by s. 29(3) exercised (N.I.) by S.I. 1991/1688, art.2.

Textual Amendments

Modifications etc. (not altering text)

C2S. 29 applied with modifications (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I

S. 29 applied (with modifications) (S.) by S.I. 1999/787, arts. 13(5), 18, Sch. 5 pt. I para. 3

C3S. 29 applied with modifications (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. I

C4S. 29 modified (S.) by S.I. 1986/1111, regs. 2, 97(1)

C5S. 29 modified (E.W.) by S.I. 1986/1081, regs. 2, 99(1)

C6S. 29 applied (with modifications) (10.4.2001) by 2001 c. 7, s. 5(3)

S. 29 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3(1), Sch. 1 (with art. 3(3))

Marginal Citations