The Scottish Parliament (Returning Officers’ Charges) Order 2011

Citation and commencement

1.  This Order may be cited as the Scottish Parliament (Returning Officers’ Charges) Order 2011 and shall come into force on the day after the day on which it is made.

Interpretation

2.—(1) In this Order—

“the 1983 Act” means the Representation of the People Act 1983;

“the 2010 Order” means the Scottish Parliament (Elections etc.) Order 2010;

“combined” means taken together with another poll under article 13 of the 2010 Order (combination of polls) or section 4 of the Parliamentary Voting System and Constituencies Act 2011(1) (combination of polls);

“constituency” means a constituency provided for by Schedule 1 to the Scotland Act 1998(2);

“constituency returning officer” means the person who is, in accordance with article 14 of the 2010 Order, the constituency returning officer for a Scottish parliamentary election;

“regional returning officer” means a regional returning officer for the purposes of the Scotland Act 1998(3); and

“Scottish parliamentary election” means an election for membership of the Scottish Parliament.

(2) In this Order, references to section 29 of the 1983 Act (payments by and to returning officer) are to that section as applied and modified by article 18 of the 2010 Order.

Constituency Returning Officers

Overall maximum recoverable amount

3.  For the purposes of section 29(3)(b) of the 1983 Act the overall maximum recoverable amount for the constituency returning officer for a constituency is—

(a) where the poll at a Scottish parliamentary election is not combined, the amount listed opposite that constituency in column 4 of the table in the Schedule;

(b) where the poll at a Scottish parliamentary election is combined, the amount so listed in column 7 of that table; or

(c) where the election is uncontested, £1,888.

Maximum recoverable amount for specified services

4.—(1) For the purposes of section 29(3A) of the 1983 Act the maximum recoverable amount for the services specified in paragraph (2) for the constituency returning officer for a constituency is—

(a) where the poll at a Scottish parliamentary election is not combined, the amount listed opposite that constituency in column 2 of the table in the Schedule;

(b) where the poll at a Scottish parliamentary election is combined, the amount so listed in column 5 of that table; or

(c) where the election is uncontested, £544.

(2) The specified services are—

(a) conducting the election;

(b) discharging the constituency returning officer’s duties at the election; and

(c) making arrangements for the election.

Maximum recoverable amount for specified expenses

5.—(1) For the purposes of section 29(3A) of the 1983 Act the maximum recoverable amount for the expenses specified in paragraph (2) for the constituency returning officer for a constituency is—

(a) where the poll at a Scottish parliamentary election is not combined, the amount listed opposite that constituency in column 3 of the table in the Schedule;

(b) where the poll at a Scottish parliamentary election is combined, the amount so listed in column 6 of that table; or

(c) where the election is uncontested, £1,344.

(2) The specified expenses are—

(a) the appointment and payment of persons to assist the constituency returning officer;

(b) travel and overnight subsistence for the constituency returning officer and any person appointed to assist the constituency returning officer;

(c) the costs of the nomination process;

(d) printing or otherwise producing the ballot papers;

(e) printing, producing or purchasing postal vote stationery;

(f) printing or otherwise producing and arranging for the delivery of poll cards;

(g) printing or otherwise producing and, where appropriate, publishing notices and any other documents required by any enactment for or in connection with the election;

(h) renting, heating, lighting, cleaning, adapting, or restoring any building or room;

(i) providing and transporting equipment;

(j) providing information and communications technology equipment and software and associated costs;

(k) providing security, including any necessary secure storage of ballot boxes, ballot papers and verification documents;

(l) conducting the verification and the count;

(m) providing and receiving training; and

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

Regional Returning Officers

Overall maximum recoverable amount

6.  For the purposes of section 29(3)(b) of the 1983 Act the overall maximum recoverable amount for a regional returning officer is—

(a) where the election is contested, £1,255; or

(b) where the election is uncontested, £378.

Maximum recoverable amount for specified services

7.—(1) For the purposes of section 29(3A) of the 1983 Act the maximum recoverable amount for the services specified in paragraph (2) for a regional returning officer is—

(a) where the election is contested, £697; or

(b) where the election is uncontested, £109.

(2) The specified services are—

(a) discharging the regional returning officer’s duties at the election; and

(b) making arrangements for the election.

Maximum recoverable amount for specified expenses

8.—(1) For the purposes of section 29(3A) of the 1983 Act the maximum recoverable amount for the expenses specified in paragraph (2) for a regional returning officer is—

(a) where the election is contested, £558; or

(b) where the election is uncontested, £269.

(2) The specified expenses are—

(a) the appointment and payment of persons to assist the regional returning officer;

(b) travel and overnight subsistence for the regional returning officer and any person appointed to assist the regional returning officer;

(c) printing or otherwise producing and, where appropriate, publishing notices and any other documents required by any enactment for or in connection with the election;

(d) renting, heating, lighting, cleaning, adapting or restoring any building or room;

(e) providing and transporting equipment;

(f) providing training; and

(g) providing stationery and meeting postage, telephone, printing, translation and banking costs and the costs of other miscellaneous items including those which are incurred in collating the results of the election.

Revocation

9.  The Scottish Parliamentary Elections (Returning Officers’ Charges) Order 2007(4) is revoked.

Signed by authority of the Secretary of State

DAVID MUNDELL

Parliamentary Under Secretary of State

Scotland Office

Dover House

29 March 2011

We consent

MICHAEL FABRICANT

BROOKS NEWMARK

Two of the Lords Commissioners of Her Majesty’s Treasury

30 March 2011