Citation, commencement and extent

1.  (1)  This Order may be cited as the European Parliamentary Elections (Returning Officers' and Local Returning Officers' Charges) (Great Britain and Gibraltar) Order 2014 and comes into force on the day after the day on which it is made.

(2) This Order extends to Great Britain and Gibraltar.

Interpretation

2.  In this Order-

"the 2004 Regulations" means the European Parliamentary Elections Regulations 2004;

"relevant election or referendum" means an election or referendum referred to in regulation 11 of the 2014 Regulations (other than a European Parliamentary election).

Revocations

3.  The following Orders are revoked-

(a)the European Parliamentary Elections (Returning Officers' Charges) (Great Britain and Gibraltar) Order 2009(2);

(b)the European Parliamentary Elections (Local Returning Officers' Charges) (England, Wales and Gibraltar) Order 2009(3); and

(c)the European Parliamentary Elections (Local Returning Officers' Charges) (Scotland) Order 2009(4).

Returning officers: overall maximum recoverable amount

4.  The overall maximum amount recoverable by the returning officer for an electoral region listed in column 1 of the table in Schedule 1 is the amount listed in the corresponding entry in column 4 of that table.

Returning officers: maximum recoverable amount for specified services

5.  (1)  The total of the charges recoverable by the returning officer for an electoral region listed in column 1 of the table in Schedule 1 in respect of the services specified in paragraph (2) must not exceed the amount listed in the corresponding entry in column 2 of that table.

(2) The specified services are-

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

(b)making arrangements for the election.

Returning officers: maximum recoverable amount for specified expenses

6.  (1)  The total of the charges recoverable by the returning officer for an electoral region listed in column 1 of the table in Schedule 1 in respect of the expenses specified in paragraph (2) must not exceed the amount listed in the corresponding entry in column 3 of that table.

(2) The specified expenses are those incurred in-

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

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

(c)the nomination process;

(d)printing or otherwise producing the ballot papers;

(e)printing or otherwise producing and, where appropriate, publishing notices and any other documents required by any enactment or instrument for or in connection with a European Parliamentary election;

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

(g)providing and transporting equipment;

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

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

(j)conducting the count;

(k)providing and receiving training; and

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

Local returning officers: overall maximum recoverable amount

7.  The overall maximum amount recoverable by the local returning officer for a local counting area-

(a)listed in column 1 of the table in Schedule 2 is the amount listed in the corresponding entry in column 4 of that table;

(b)listed in column 1 of the table in Schedule 3 (being an area in which the poll at a European Parliamentary election in 2014 is to be taken together with the poll at a relevant election or referendum) is the amount listed in the corresponding entry in column 4 of that table.

Local returning officers: maximum recoverable amount for specified services

8.  (1)  The total of the charges recoverable in respect of the services specified in paragraph (2) by the local returning officer for a local counting area-

(a)listed in column 1 of the table in Schedule 2 must not exceed the amount listed in the corresponding entry in column 2 of that table;

(b)listed in column 1 of the table in Schedule 3 (being an area in which the poll at a European Parliamentary election in 2014 is to be taken together with the poll at a relevant election or referendum) must not exceed the amount listed in the corresponding entry in column 2 of that table.

(2) The specified services are-

(a)conducting the election;

(b)discharging the local returning officer's duties at the election; and

(c)making arrangements for the election.

Local returning officers: maximum recoverable amount for specified expenses

9.  (1)  The total of the charges recoverable in respect of the expenses specified in paragraph (2) by the local returning officer for a local counting area-

(a)listed in column 1 of the table in Schedule 2 must not exceed the amount listed in the corresponding entry in column 3 of that table;

(b)listed in column 1 of the table in Schedule 3 (being an area in which the poll at a European Parliamentary election is to be taken together with the poll at a relevant election or referendum) must not exceed the amount listed in the corresponding entry in column 3 of that table.

(2) The specified expenses are those incurred in-

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

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

(c)printing or otherwise producing the ballot papers;

(d)printing, producing or purchasing postal voting documents and arranging for the delivery and payment of the costs of return by voters of such documents;

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

(f)printing or otherwise producing and, where appropriate, publishing notices and any other documents required by any enactment or instrument for or in connection with a European Parliamentary election;

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

(h)providing and transporting equipment;

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

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

(k)conducting the verification and the count;

(l)providing and receiving training; and

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

Overall maximum recoverable amount at an uncontested election

10.  At an uncontested election-

(a)articles 4 to 9 do not apply;

(b)the overall maximum recoverable amount for each electoral region is £350; and

(c)the overall maximum recoverable amount for each local counting area is £1,750.

Articles 4, 5 and 6

SCHEDULE 1Returning officers: maximum recoverable amounts for electoral regions

Articles 7(a), 8(1)(a) and 9(1)(a)

SCHEDULE 2Local returning officers: maximum recoverable amounts for local counting areas

Articles 7(b), 8(1)(b) and 9(1)(b)

SCHEDULE 3Local returning officers: maximum recoverable amounts for local counting areas where a relevant election or referendum is to be held

EXPLANATORY NOTE

(This note is not part of the Order)

This Order, which applies in Great Britain and Gibraltar, provides for payments for services and expenses of returning officers and local returning officers in connection with the conduct of European Parliamentary elections. It replaces the European Parliamentary Elections (Returning Officers' Charges) (Great Britain and Gibraltar) Order 2009, the European Parliamentary Elections (Local Returning Officers' Charges) (England, Wales and Gibraltar) Order 2009 and the European Parliamentary Elections (Local Returning Officers' Charges) (Scotland) Order 2009. The Order is made under regulation 15(1) of the European Parliamentary Elections Regulations 2004 (S.I. 2004/293), under which returning officers and local returning officers may recover their charges for services and expenses, provided they were necessarily rendered or incurred for the efficient and effective conduct of the election and the total does not exceed the overall maximum recoverable amount specified by the Secretary of State in an order. Regulation 15(2) also enables the Secretary of State to specify a maximum recoverable amount for particular services or expenses.

Articles 4 to 6 of, and Schedule 1 to, this Order specify the maximum amounts recoverable by returning officers. Article 4 deals with the overall maximum amount for an electoral region, article 5 with specified services and article 6 with specified expenses. Schedule 1 applies whether the poll is a stand-alone poll or a combined poll. The table in the Schedule lists for each electoral region the maximum recoverable amount for the specified services (column 2), the maximum recoverable amount for the specified expenses (column 3) and the overall maximum recoverable amount (column 4).

Articles 7 to 9 of, and Schedules 2 and 3 to, this Order specify maximum amounts recoverable by local returning officers. Article 7 deals with the overall maximum amount for each local counting area, article 8 with specified services and article 9 with specified expenses. Schedule 2 applies to stand-alone polls and Schedule 3 applies where the election of a Member of the European Parliament in 2014 is to be taken together with a local government election or a mayoral election or a referendum on the governance arrangements for a local authority. The table in each of those Schedules lists for each local counting area the maximum recoverable amount for the specified services (column 2), the maximum recoverable amount for the specified expenses (column 3) and the overall maximum recoverable amount (column 4).

In the case of an uncontested election, article 10 provides that articles 4 to 9 do not apply. Instead the overall maximum recoverable amount is £1,750 for each local counting area and £350 for each electoral region.

A full regulatory impact assessment has not been produced for this instrument because no impact on the private or voluntary sectors is foreseen.