The Police and Crime Commissioner Elections (Local Returning Officers’ and Police Area Returning Officers’ Charges) Order 2016

EXPLANATORY NOTE

(This note is not part of the Order)

Under section 55 of the Police Reform and Social Responsibility Act 2011 (c. 13) a returning officer may recover charges in respect of services rendered, or expenses incurred, by the officer for or in connection with an election if the services were necessarily rendered, or the expenses necessarily incurred, for the efficient and effective conduct of a police and crime commissioner election (“PCC election”). Those charges may not however exceed the overall maximum recoverable amount specified by the Secretary of State or the Chancellor of the Duchy of Lancaster in an order. An order may also specify the maximum amount that may be recovered in respect of any specified services or expenses.

Articles 3 to 5 of, and Schedules 1 to 6 to, this Order specify the overall maximum amount and the maximum amounts for specified services and specified expenses that may be recovered by a local returning officer in respect of a voting area at a PCC election. A voting area is a local authority area, except where an ordinary PCC election is combined with a general election of members of the National Assembly for Wales, in which case a voting area is an Assembly constituency. Maximum amounts are specified for a PCC election taken alone (or combined with another election not provided for in the Order) (Schedule 1); an ordinary PCC election combined with an ordinary elections of councillors (Schedule 2); an ordinary PCC election combined with an ordinary election of councillors and an election for the return of an elected mayor (Schedule 3); an ordinary PCC election combined with an ordinary election of councillors and a governance referendum (Schedule 4); an ordinary PCC election combined with a governance referendum (Schedule 5); and an ordinary PCC election combined with a general election of members of the National Assembly for Wales (Schedule 6).

Articles 6 to 8 and Schedule 7 specify the overall maximum amount and the maximum amounts for specified services and specified expenses that may be recovered by a police area returning officer in respect of a police area at a PCC election.

Article 9 specifies the maximum amounts that may be recovered (instead of the amounts referred to above) where an election is uncontested.

An impact assessment has not been prepared for this instrument as no impact on the private or voluntary sector is foreseen.