The Scottish Parliamentary Elections (Returning Officers' Charges) Order 1999

• Citation: S.I. 1999/1094
• Sections: 23

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Scottish Parliamentary Elections (Returning Officers' Charges) Order 1999 and shall come into force on 12th April 1999.

(2) In this Order–

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

“the 1999 Order ” means the Scottish Parliament (Elections etc.) Order 1999;

“combined polls” refers to the poll at a Scottish parliamentary election and the poll at a local government election when they are taken together under article 13 of the 1999 Order;

“constituency returning officer” means the officer who, in accordance with article 14 of the 1999 Order is 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 ;

“general election” means an ordinary general election for membership of the Scottish Parliament;

“by-election” means an election held to fill the vacant seat of a constituency member of the Scottish Parliament under section 8 of the Scotland Act;

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

and any other expression used in this Order which is also used in the Scotland Act 1998 will have the same meaning in this Order as it has in that Act.

(3) Any reference to the register of electors is to the register of electors used at the election at which the services were rendered or expenses incurred and to that register as first published.

Section 2 Constituency returning officers

(1) For the purposes of paragraph (a) of section 29(3) of the 1983 Act, as applied by article 18 of the 1999 Order –

(a) the services of a constituency returning officer which are of a kind described in paragraphs 1(1) and 2(1) of Part A of the Schedule to this Order (hereafter referred to as “services specified in Part A of the Schedule”); and

(b) the expenses of a constituency returning officer which are of a kind described in paragraphs 1(1), 2(1), 3(1), 4(1) and 5 of Part B of the Schedule to this Order (hereafter referred to as “expenses specified in Part B of the Schedule”) and expenses of a kind described in Part C of the Schedule to this Order,

are hereby specified.

(2) The maximum recoverable amounts by a constituency returning officer at a contested election in respect of the services specified in Part A of the Schedule or the expenses specified in Part B of the Schedule are hereby specified as–

(a) in the case of a general election, the amounts set out in column 2 of those Parts; and

(b) in the case of a by-election, the amounts set out in column 3 of those Parts,

in respect of each entry set out opposite thereto in column 1 of those Parts.

Section 3 Regional returning officers

(1) For the purposes of paragraph (a) of section 29(3) of the 1983 Act as applied by article 18 of the 1999 Order–

(a) the services of a regional returning officer in conducting the general election and discharging his duties;

(b) the expenses of a regional returning officer in respect of the payment of persons employed in connection with the calculation of regional figures for the purposes of section 7 of the Scotland Act 1998 and the allocation of seats to registered political parties and individual candidates under section 7 of that Act;

(c) the travelling and overnight subsistence expenses of–

(i) the regional returning officer;

(ii) any person placed at the regional returning officer’s disposal under article 15(2) of the 1999 Order;

(iii) any clerical or other assistants employed by the regional returning officer;

(d) the expenses of a regional returning officer in printing or otherwise producing the ballot papers;

(e) the expenses of a regional returning officer in printing or otherwise producing and, where appropriate publishing notices and other documents required by the 1999 Order;

(f) the expenses of a regional returning officer in the provision of stationary and writing implements and in postage, telephone and bank charges and other miscellaneous items,

are hereby specified.

(2) The maximum recoverable amounts by a regional returning officer at a contested election are hereby specified as–

(a) £500 in respect of the services specified in paragraph (1)(a) above; and

(b) £400 in respect of the expenses specified in paragraph (1)(b) above.

Section 4 Uncontested elections - regional returning officers

Where the return of regional members at a general election is uncontested, the maximum recoverable amounts by a regional returning officer are hereby specified as–

(a) £77.46 in respect of the services specified in paragraph (1)(a) of article 3 of this Order; and

(b) £192.78 in respect of the expenses specified in paragraph (1)(b) of article 3 of this Order.

Section 5 Uncontested elections - constituency returning officers

(1) Where the return of regional members at a general election is uncontested, or, as the case may be, the return of constituency members at a general election is uncontested, the maximum recoverable amounts by a constituency returning officer in respect of–

(a) the services specified in Part A of the Schedule; and

(b) the expenses specified in Part B of the Schedule,

are hereby specified as the amounts set out in column 3 of those parts in respect of each entry set out opposite thereto in column 1 of those parts.

(2) Where the return of constituency members at a by-election is uncontested, or, as the case may be, where at a general election both the return of regional members and the return of constituency members is uncontested, the maximum recoverable amounts by a constituency returning officer are hereby specified as–

(a) £387.30 in respect of the services specified in Part A of the Schedule; and

(b) £958.69 in respect of the expenses specified in Part B of the Schedule.

Section 1

—

(1) This paragraph makes provision for a constituency returning officer’s services in conducting the election and discharging his duties (except those specified in paragraph 2(1) of this Part) in connection therewith

(2) Subject to sub-paragraphs (3) to (5) below, the maximum recoverable amount for each constituency for the services specified in sub-paragraph (1) above is

Section 1

—

(1) This paragraph makes provision for a constituency returning officer’s expenses in respect of the payment of presiding officers at polling stations

(2) Subject to sub-paragraphs (3) to (4) below, the maximum recoverable amount for the expenses specified in sub-paragraph (1) above (including expenses incurred in respect of a person who takes over the duties of a presiding officer on polling day due to the incapacity of the previously appointed presiding officer) in respect of the presiding officer at each polling station is

Section 1

Travelling and overnight subsistence expenses of–

(a) the constituency returning officer;

(b) any person placed at the constituency returning officer’s disposal under article 15(1) of the 1999 Order;

(c) any presiding officer or poll clerk; and

(d) any clerical or other assistants employed by the returning officer.

Section 2

—

(1) This paragraph makes provision for a constituency returning officer’s services in connection with the issue and receipt of the ballot papers for persons entitled to vote by post

(2) Subject to sub-paragraph (3) the maximum recoverable amount for each constituency for the services specified in sub-paragraph (1) above is

Section 2

—

(1) This paragraph makes provision for a returning officer’s expenses in respect of the payment of poll clerks at polling stations

(2) Subject to sub-paragraph (3) below, the maximum recoverable amount for the expenses specified in sub-paragraph (1) above in respect of each poll clerk is

Section 2

Expenses in printing or otherwise producing the ballot papers.

Section 3

—

(1) This paragraph makes provision for a constituency returning officer’s expenses in respect of the payment of persons employed in connection with the preparation, revision and issue of the official poll cards

(2) The maximum recoverable amount for the expenses specified in sub-paragraph (1) above is, for every 100 cards or fraction thereof

Section 3

Expenses in printing or otherwise producing the official poll cards and in delivering them to the voters, excluding the expenses referred to in paragraph 3(1) of Part B of this Schedule.

Section 4

—

(1) This paragraph makes provision for a constituency returning officer’s expenses in respect of the payment of persons employed in connection with the issue and receipt of postal ballot papers and the count and any other clerical or other assistance for the purposes of the election

(2) Subject to sub-paragraphs (3) to (6) below, the maximum recoverable amount for each constituency for the expenses specified in sub-paragraph (1) above is

Section 4

Expenses in printing or otherwise producing and, where appropriate, publishing notices and other documents required by the 1999 Order.

Section 5

The maximum recoverable amount for a constituency returning officer’s expenses in paying each presiding officer and each poll clerk for their attendance at a training course

Section 5

Expenses in renting, heating, lighting and cleaning any building or room.

Section 6

Expenses in adapting any building or room and in restoring it to a fit condition for its normal use.

Section 7

Expenses in the provision of ballot boxes.

Section 8

Expenses in the conveyance to and from the polling stations of–

(a) the ballot boxes and ballot papers, and

(b) the voting compartments, any other furniture necessary for polling stations and the instruments to stamp on the ballot papers the official mark.

Section 9

Expenses in the provision of stationery and writing implements and in postage, telephone and bank charges and other miscellaneous items.

Section 10

Expenses in connection with the provision of security measures.

Section 11

Expenses in the supply of copies of the register of electors for use in the conduct of the election.