Citation, commencement, extent and interpretation

1.–(1) This Order may be cited as the European Parliamentary Elections (Local Returning Officers´ Charges) (England, Wales and Gibraltar) Order 2009 and shall come into force on the day after the day on which it is made.

(2) This Order extends to England, Wales and Gibraltar.

(3) In this Order "the 2004 Regulations" means the European Parliamentary Elections Regulations 2004.

Revocation

2. The European Parliamentary Elections (Local Returning Officers´ Charges) (Great Britain and Gibraltar) Order 2004(3) is revoked.

Overall maximum recoverable amount

3. The overall maximum recoverable amount for each local counting area is listed in column 4 of the table in the Schedule ("overall maximum recoverable amount").

Maximum recoverable amount for specified services

4. The total of the charges recoverable by a local returning officer in respect of the services of the description specified in article 5 shall not exceed the amount listed for each local counting area in column 2 of the table in the Schedule ("maximum recoverable amount for the specified services").

5. 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.

Maximum recoverable amount for specified expenses

6. The total of the charges recoverable by a local returning officer in respect of the expenses of the description specified in article 7 shall not exceed the amount listed for each local counting area in column 3 of the table in the Schedule ("maximum recoverable amount for the specified expenses").

7. The specified expenses are–

(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 vote stationery;

(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 the 2004 Regulations;

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

(h) providing and transporting equipment;

(i) providing security, including secure storage of ballot boxes, ballot papers and verification documents between polling day and the count;

(j) conducting the verification and the count;

(k) providing training; and

(l) 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

8. At an uncontested election–

(a) articles 3 to 7 above do not apply; and

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

Regulations 3, 4 and 6

SCHEDULE Overall maximum recoverable amounts and maximum recoverable amounts for the specified services and the specified expenses for local counting areas

EXPLANATORY NOTE

(This note is not part of the Order)

This Order, which applies in England, Wales and Gibraltar, provides for payments for services and expenses of local returning officers in connection with the conduct of European Parliamentary elections. This Order replaces the European Parliamentary Elections (Local Returning Officers´ Charges) (Great Britain and Gibraltar) Order 2004 (S.I. 2004/1299). This Order is made under regulation 15(1) of the European Parliamentary Elections Regulations 2004 (S.I. 2004/293), which was recently amended by regulation 11 of the European Parliamentary Elections (Amendment) Regulations 2009 (S.I. 2009/186). Under regulation 15(1) a local returning officer may recover his 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.

Article 3 of this Order specifies that the overall maximum recoverable amount is listed for each local counting area in column 4 of the table in the Schedule.

Article 4 of this Order specifies that the total of the charges recoverable by a local returning officer in respect of the services of the description specified in article 5 shall not exceed the amount listed for each local counting area in column 2 of the table in the Schedule. This total is "the maximum recoverable amount for the specified services". Similarly, article 6 sets out that the total of the charges recoverable in respect of the expenses of the description specified in article 7 are listed for each local counting area in column 3 of the table in the Schedule. This is the "the maximum recoverable amount for the specified expenses".

In the case of an uncontested election article 8 provides that articles 3 to 7 do not apply. Instead, the overall maximum recoverable amount is £1,750 for each local counting area.

The Schedule contains the table referred to in articles 3 to 7. The table lists in respect of 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).

This Order provides for an overall maximum recoverable amount which represents an increase on the funds made available under the European Parliamentary Elections (Local Returning Officers´ Charges) (Great Britain and Gibraltar) Order 2004 (S.I. 2004/1299).