C10C13C14C16C15C17C18C19C20 Part I Parliamentary and Local Government Franchise and its Exercise

Annotations:
Modifications etc. (not altering text)

Conduct of parliamentary elections

C2C3C4C5C6C1229C1 Payments by and to returning officer.

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.

C7C11F43

F6Subject to section 29A, 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.

C113A

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.

C113B

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.

C113C

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.

C114C

The power to make orders under subsection (3) above shall be exercised by statutory instrumentF1; 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..

C8C9C7C115

The amount of any F2charges 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.

C116

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.

C8C9C7C117

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.

C8C9C7C118

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.

C7C11F39

If the functions of the Treasury under F5subsection (3) 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.