The New Northern Ireland Assembly Elections (Returning Officer’s Charges) Order 1998

Link to law: http://www.legislation.gov.uk/uksi/1998/1493/made/data.htm?wrap=true
Published: 1998-06-16

Statutory Instruments
1998 No. 1493

NORTHERN IRELAND
The New Northern Ireland Assembly Elections (Returning Officer’s Charges) Order 1998

Made
16th June 1998

Coming into force
17th June 1998

In exercise of the powers conferred upon me by section 29(3) and (4) of the Representation of the People Act 1983(1), as applied by article 3 of, and Schedule 1 to, the New Northern Ireland Assembly (Elections) Order 1998(2), I hereby make the following Order:—

1.—(1) This Order may be cited as the New Northern Ireland Assembly Elections (Returning Officer’s Charges) Order 1998 and shall come into force on the day after the day on which it is made.

(2) In this Order “Assembly election” means an election to the New Northern Ireland Assembly.

2.—(1) For the purposes of paragraph (a) of section 29(3) of the Representation of the People Act 1983, as applied by article 3 of, and Schedule 1 to, the New Northern Ireland Assembly (Elections) Order 1998, (which provides that a returning officer is entitled to recover his charges in respect of services properly rendered or expenses properly incurred for or in connection with an Assembly election if the services or expenses are of a kind specified in an order made under that provision and the charges are reasonable), expenses of a kind described in paragraphs 1(1), 2(1), 3(1) and 4(1) of Part A of the Schedule to this Order (hereafter referred to as “expenses specified in Part A of the Schedule”) and expenses of a kind described in Part B of the Schedule to this Order are hereby specified.

(2) The maximum recoverable amounts at a contested election in respect of the expenses specified in Part A of the Schedule are hereby specified as the amounts set out in the right-hand column of that Part in respect of each entry opposite thereto in the left-hand column of that Part.

(3) The maximum recoverable amount at an uncontested election is hereby specified as £939.26 in respect of the expenses specified in Part A of the Schedule.

(4) In the Schedule to this Order—

(a)“election” means an Assembly election, and

(b)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.

Marjorie Mowlam
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
16th June 1998

SCHEDULEEXPENSES IN RESPECT OF WHICH A RETURNING OFFICER AT AN ASSEMBLY ELECTION MAY RECOVER HIS CHARGES

PART A:EXPENSES OF RETURNING OFFICER FOR WHICH MAXIMUM RECOVERABLE AMOUNTS ARE SPECIFIED

1.  —

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

(2) Subject to sub-paragraph (3) 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

£113.91.

(3) Where at a polling place there is more than one polling station, the maximum recoverable amount in respect of one only of the presiding officers at the polling stations at such a polling place is increased by

£6.94.

2.  —

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

(2) The maximum recoverable amount for the expenses specified in sub-paragraph (1) above in respect of each poll clerk is

£72.03.

3.  —

(1) This paragraph makes provision for a 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,

£1.44.

4.  —

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

(2) Subject to sub-paragraphs (3) and (4) below, the maximum recoverable amount for each constituency for the expenses specified in sub-paragraph (1) above is

£3,051.43.

(3) In a constituency where the number of entries in the register of electors exceeds 50,000, the maximum recoverable amount is increased, for every additional 1,000 entries or fraction thereof above 50,000, by

£45.78.

(4) The maximum recoverable amount is increased, for every 100 voters or fraction thereof entitled to vote by post in a constituency, by

£41.57.

PART B:EXPENSES OF RETURNING OFFICER FOR WHICH NO MAXIMUM RECOVERABLE AMOUNTS ARE SPECIFIED

1.  Travelling and overnight subsistence expenses of—

(a)the returning officer;

(b)any presiding officer or poll clerk; and

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

2.  Expenses in printing or otherwise producing the ballot papers.

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 A of this Schedule.

4.  Expenses in printing or otherwise producing and, where appropriate, publishing notices and other documents required by law.

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

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

7.  Expenses in the provision of voting compartments and any other furniture necessary for polling stations.

8.  Expenses in the provision of ballot boxes and instruments to stamp on the ballot papers the official mark.

9.  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.

10.  Expenses in respect of the payment of persons employed in connection with the verification of the ballot paper accounts and the count.

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

12.  Expenses in connection with the provision of security measures.

Explanatory Note

(This note is not part of the Order)
This Order provides for the charges of the Chief Electoral Officer for Northern Ireland in his capacity as the returning officer at elections to the New Northern Ireland Assembly.
Under section 29(3) of the Representation of the People Act 1983 (as substituted by the Representation of the People Act 1991 and applied by article 3 of, and Schedule 1 to, the New Northern Ireland Assembly (Elections) Order 1998), the entitlement of the returning officer at an Assembly election to recover his charges in respect of his expenses for or in connection with such an election depends upon—
(a)the expenses being of a kind specified in an order under that provision,
(b)the expenses being properly incurred, and
(c)the charges in respect of them being reasonable.
Parts A and B of the Schedule specify the kinds of expenses incurred by a returning officer for or in connection with an Assembly election in respect of which he is entitled to recover his charges, together (in the case of Part A) with the maximum recoverable amounts in respect of those charges.


(1)
1983 c. 2; section 29 has been amended by section 1 of the Representation of the People Act 1991 (c. 11) and by the Transfer of Functions (Returning Officers' Charges) Order 1991 (S.I. 1991/1728) and the functions formerly conferred on the Treasury have been transferred to the Secretary of State by that Order.

(2)
S.I. 1998/1287.
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