PART 1Introductory and General

Citation and commencement

1.  These Regulations may be cited as the Scottish Parliament Elections (Returning Officer Fees and Charges) Regulations 2016 and come into force on 5th April 2016.

Interpretation

2.  In these Regulations-

"the 2015 Order" means the Scottish Parliament (Elections etc.) Order 2015;

"account" means the account submitted to the Scottish Ministers under article 18(5) of the 2015 Order for the purpose of payment of a returning officer's charges;

"combined", in relation to a poll, means taken together with another poll under article 13 of the 2015 Order (combination of polls) or section 4 of the Parliamentary Voting System and Constituencies Act 2011(2) (combination of polls);

"constituency" means a constituency provided for by Schedule 1 to the Scotland Act 1998(3);

"constituency returning officer" means the officer who, in accordance with article 14 of the 2015 Order, is the constituency returning officer for a Scottish parliamentary election in a constituency;

"regional returning officer" means a regional returning officer for the purposes of the Scotland Act 1998(4); and

"Scottish parliamentary election" means an election for membership of the Scottish Parliament.

PART 2Constituency Returning Officers

Maximum total recoverable amount

3.  For the purposes of article 18(2)(a) of the 2015 Order, the maximum total 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 total of the amounts provided for by regulations 4(1)(a) and 5(1)(b); or

(c)where the election is uncontested, £2,000.

Maximum recoverable amount for specified services

4.-(1) For the purposes of article 18(2)(c) of the 2015 Order, the maximum recoverable amount for the services specified in paragraph (2) for the constituency returning officer for a constituency is-

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

(b)where the election is uncontested, £600.

(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 article 18(2)(c) of the 2015 Order, 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, 80 per cent of the amount so listed; or

(c)where the election is uncontested, £1,400.

(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 for or in connection with the election.

PART 3Regional Returning Officers

Maximum total recoverable amount

6.  For the purposes of article 18(2)(a) of the 2015 Order, the maximum total recoverable amount for a regional returning officer is-

(a)where the election is contested, £4,950; or

(b)where the election is uncontested, £400.

Maximum recoverable amount for specified services

7.-(1) For the purposes of article 18(2)(c) of the 2015 Order, the maximum recoverable amount for the services specified in paragraph (2) for a regional returning officer is-

(a)where the election is contested, £750; or

(b)where the election is uncontested, £150.

(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 article 18(2)(c) of the 2015 Order, the maximum recoverable amount for the expenses specified in paragraph (2) for a regional returning officer is-

(a)where the election is contested, £4,200; or

(b)where the election is uncontested, £250.

(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 for or in connection with the election, including those which are incurred in collating the results of the election.

PART 4Submission of Accounts

Accounts

9.-(1) An account must be submitted in a form acceptable to the Scottish Ministers and, unless otherwise agreed with the Scottish Ministers, must be fully submitted within six months of-

(a)in the case of a constituency returning officer, the day of the declaration of the result of the Scottish parliamentary election to which the charges in the account relate; and

(b)in the case of a regional returning officer, the day on which the regional members' seats are allocated for the Scottish parliamentary election to which the charges in the account relate.

(2) If requested by the Scottish Ministers, a constituency returning officer or a regional returning officer must provide them with full financial records and receipts relating to any charge contained in an account.

Regulations 3, 4 and 5

SCHEDULE

Maximum total recoverable amounts and maximum recoverable amounts for returning officers' specified services and specified expenses for Scottish Parliament constituency polls

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations provide for the total amounts that are recoverable by returning officers for their services and expenses in connection with the conduct of elections for membership of the Scottish Parliament.

Regional returning officers are responsible for receiving regional lists of candidates from registered political parties, receiving nominations of individual candidates to be regional members, calculating regional figures to allocate regional member seats to registered political parties and individual candidates and coordinating the functions of constituency returning officers in their region that relate to the poll to return regional members.

Constituency returning officers are responsible for all other functions in connection with the elections, including the counting of votes for the return of constituency members and the counting of the regional votes.

Under article 18 of the Scottish Parliament (Elections etc.) Order 2015 constituency returning officers and regional returning officers are entitled to recover their charges for services rendered and expenses incurred provided they were necessarily rendered or incurred and do not exceed a specified total amount. Article 18 also enables the Scottish Ministers to specify total amounts for particular types of services or expenses and to make provision about submission of accounts.

Regulations 3, 4 and 5 specify, for constituency returning officers, the total amount that may be recovered, the total amount for specified services and the total amount for specified expenses. For contested elections, the amounts are specified separately for each constituency in the Schedule. The total amount for specified expenses is reduced by 20% if a constituency poll is combined with another poll. For uncontested elections the amounts are as specified in those regulations and apply to all constituencies.

Regulations 6, 7 and 8 make equivalent provision for regional returning officers. The amounts apply for each region. Different amounts apply depending on whether the Scottish parliamentary election is contested or uncontested.

Regulation 9 makes provision for the timescales within which accounts are to be submitted and provides that supporting material, such as receipts, must be provided if the Scottish Ministers request it.

A full impact assessment has not been published for these Regulations as they have no impact on the private sector or voluntary organisations.