The European Parliamentary Elections Regulations 2004

Payments by and to returning officers and local returning officers E+W+S

15.— [F1 (1) [F2 Subject to regulation 15A,] a returning officer or a local returning officer may recover his charges in respect of services rendered, or expenses incurred, for or in connection with a European 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.

(2) An order under paragraph (1) 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 paragraph (3), the returning officer or local returning officer may not recover more than that amount in respect of any such services or expenses.

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

(a) more than the overall 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 paragraph (4) are met.

(4) The conditions referred to in paragraph (3) 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.]

(5) The power to make orders under paragraph (1) shall be exercised by statutory instrument and section 1 of the Statutory Instruments Act 1946M1 shall apply accordingly; 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.

(6) The amount of any charges recoverable in accordance with this regulation shall be charged on and paid out of the Consolidated Fund on an account being submitted to the Secretary of State, but the Secretary of State may if he thinks fit before payment, apply for the account to be taxed under the provisions of regulation 16.

(7) 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 regulation as part of a returning officer’s or local returning officer’s charges at a European Parliamentary election, then on an account being submitted to the Secretary of State a sum equal to the increase shall be charged on and paid out of the Consolidated Fund to the authority.

(8) On the returning officer’s or local returning officer’s request for an advance on account of his charges, the Secretary of State may, on such terms as he thinks fit, make such an advance.

(9) Regulations by the Secretary of State may make provision as to the time when and the manner and form in which accounts are to be rendered to the Secretary of State for the purposes of the payment of a returning officer’s or local returning officer’s charges, and may include different provision for different cases, circumstances or areas.

(10) Any exercise by the Secretary of State of his functions under [F3 paragraph (1)] shall require the consent of the Treasury.

Textual Amendments

F1 Reg. 15(1)-(4) substituted (30.1.2009) by The European Parliamentary Elections (Amendment) Regulations 2009 (S.I. 2009/186), regs. 1(2), 11(a)

F2 Words in reg. 15(1) inserted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 9

F3 Words in reg. 15(10) substituted (30.1.2009) by The European Parliamentary Elections (Amendment) Regulations 2009 (S.I. 2009/186), regs. 1(2), 11(b)

Marginal Citations

M1 1946 c. 36.