Representation of the People Act 1983

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 rendered, or expenses incurred, for or in connection with a parliamentary election if—

(a) the services were necessarily rendered, or the expenses were necessarily incurred, for the efficient and effective conduct of the election; and

(b) the total of his charges does not exceed the amount (“the overall maximum recoverable amount”) specified in, or determined in accordance with, an order made by the Secretary of State for the purposes of this subsection.

(3A) An order under subsection (3) may specify, or make provision for determining in accordance with the order, a maximum recoverable amount for services or expenses of any specified description and, subject to subsection (3B) below, the returning officer may not recover more than that amount in respect of any such services or expenses.

(3B) The Secretary of State may, in a particular case, authorise the payment of—

(a) more than the overall maximum recoverable amount, or

(b) more than the specified maximum recoverable amount for any specified services or expenses,

if he is satisfied that the conditions in subsection (3C) are met.

(3C) The conditions referred to in subsection (3B) are—

(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.]

(4C) The power to make orders under subsection (3) above shall be exercised by statutory instrument [F2 ; and any such order may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit.].

(5) The amount of any [F3 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.

[F4 (9) If the functions of the Treasury under [F5 subsection (3)] above are transferred to another Minister of the Crown (as defined in section 8(1) of the M1 Ministers 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.]

Textual Amendments

F1 S. 29(3)-(3C) substituted (1.1.2007 for E.W. and 1.7.2008 for N.I.) for s. 29(3)-(4B) by Electoral Administration Act 2006 (c. 22), ss. 68(2), 77 (with s. 68(4)); S.I. 2006/3412, art. 3, Sch. 1 para. 15(b) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4 and the said subsections (4)-(4B) repealed (1.1.2007 for E.W. and 1.7.2008 for N.I.) by virtue of Electoral Administration Act 2006 (c. 22), ss. 74(2), 77, Sch. 2; S.I. 2006/3412, art. 3, Sch. 1 para. 15(c) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts 2, 4

F2 Words in s. 29(4C) added (29.1.2001 for certain purposes and otherwiseprosp.) by 2000 c. 2, ss. 15(1), 17(3), Sch. 6 para. 4; S.I. 2001/116, art. 2(1) (with art. 2(4))

F3 Words in s. 29(5) substituted (22.7.1991) by Representation of the People Act 1991 (c. 11, SIF 42), s. 1(3); S.I. 1991/1634, art. 2

F4 S. 29(9) inserted (22.7.1991) by Representation of the People Act 1991 (c. 11, SIF 42), s. 1(4); S.I. 1991/1634, art. 2.

F5 Words in s. 29(9) substituted (1.1.2007 for E.W. and 1.7.2008 for N.I.) by Electoral Administration Act 2006 (c. 22), ss. 68(3), 77 (with s. 68(4)); S.I. 2006/3412, art. 3, Sch. 1 para. 15(b) (subject to transitional provisions in art. 6, Sch. 2); S.I. 2008/1316, arts. 2, 4

Modifications etc. (not altering text)

C1 S. 29 applied (with modifications) (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I

C2 S. 29 applied (with modifications) (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. I

C3 S. 29 modified (S.) by S.I. 1986/1111, regs. 2, 97(1)

C4 S. 29 modified (E.W.) by S.I. 1986/1081, regs. 2, 99(1) (which S.I. was revoked (23.3.2004) by S.I. 2004/294, reg. 3)

C5 S. 29 applied (with modifications) (11.3.1999) by S.I. 1999/787, arts. 13(5), 18, Sch. 5 Pt. I para. 3

S. 29 applied (with modifications) (11.3.1999) by S.I. 1999/787, arts. 13(5), 18, Sch. 5 Pt. I para. 3

C6 S. 29 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3, Sch. 1)

C7 S. 29(3)(4)(4A)(4B)(5)(7)(8) modified (E.W.) (23.3.2004) by The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 (S.I. 2004/294), reg. 6(1)(a)(3)

C8 S. 29(5)(7)(8) modified (S.) by S.I. 1986/1111, regs.2, 97(1).

C9 S. 29(5)(7)(8) modified (E.W.) by S.I. 1986/1081, regs.2, 99(1) (which S.I. was revoked (23.3.2004) by S.I. 2004/294, reg. 3)

Marginal Citations

M1 1975 c.26.