(1)    This Order may be cited as the Scottish Parliamentary Elections (Returning Officers' Charges) Order 2003 and shall come into force on 12th February 2003.

(2)    In this Order—

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

“the 2002 Order” means the Scottish Parliament (Elections etc) Order 2002;

“by election” means an election held to fill the vacant seat of a constituency member of the Scottish Parliament under section 9 of the Scotland Act 1998;

“combined polls” means the poll at a Scottish parliamentary election and the poll at a local government election when they are taken together under article 14 of the 2002 Order;

“constituency returning officer” means the officer who, in accordance with article 15 of the 2002 Order, is the constituency returning officer for a Scottish parliamentary election;

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

“regional returning officer” means a regional returning officer for the purposes of the Scotland Act 1998;

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

and other expressions used in this Order which are also used in the Scotland Act 1998 have the same meaning in this Order as they have in that Act.

(3)    Any reference to the register of electors is to the register of local government electors used at the election at which the services were rendered or expenses were incurred and is a reference to that register as it has effect on the last day for publication of notice of that election.

The Scottish Parliamentary Elections (Returning Officers' Charges) Order 1999 is hereby revoked.

(1)    For the purposes of paragraph (a) of section 29(3) of the 1983 Act as applied and modified by article 19 of the 2002 Order—

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

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

(c)    the expenses of a constituency returning officer which are of a kind described in Part C of the Schedule,

are hereby specified.

(2)    The maximum recoverable amounts of 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.

(1)    For the purposes of paragraph (a) of section 29(3) of the 1983 Act as applied and modified by article 19 of the 2002 Order—

(a)    the services of a regional returning officer in conducting a 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 purpose of section 7 of the Scotland Act 1998 and the allocation of seats to regional members under section 8 of that Act;

(c)    the travelling and overnight subsistence expenses of—

(i)    a regional returning officer;

(ii)    officers whose services are placed at a regional returning officer's disposal under article 16(2) of the 2002 Order;

(iii)    clerical and other assistants employed by a 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 2002 Order; and

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

are hereby specified.

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

(a)    £549.70 in respect of the services in paragraph (1)(a); and

(b)    £439.76 in respect of the expenses specified in paragraph (1)(b).

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

(a)    £85.75 in respect of the services specified in paragraph (1)(a) of article 4; and

(b)    £211.79 in respect of the expenses specified in paragraph (1)(b) of article 4.

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

(a)    £428.77 in respect of the services specified in Part A of the Schedule; and

(b)    £1058.99 in respect of the expenses specified in Part B of the Schedule.

HELEN LIDDELL

One of Her Majesty's Principal Secretaries of State

Scotland Office,

Meridian Court Glasgow

21st January 2003

We consent to this Order

NICK AINGER

JIM FITZPATRICK

Two of the Lords Commissioners of Her Majesty's Treasury

22nd January 2003

This Order makes provision for the payment of constituency and regional returning officers for their services and of their expenses at elections for membership of the Scottish Parliament.

Regional returning officers are responsible for receiving the regional lists of candidates from registered political parties to be regional members for their region, receiving the nominations of individual candidates to be regional members for their region, calculating the regional figures for the purpose of allocating regional member seats to registered political parties or individual candidates, and co-ordinating the functions of the constituency returning officers in their region, in so far as they relate to the poll for the return of 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 section 29(3) of the Representation of the People Act 1983, as applied for the purposes of elections for membership of the Scottish Parliament, the entitlement of a regional returning officer, or, as the case may be, a constituency returning officer, at an election to recover his charges in respect of his services rendered or expenses incurred for or in connection with a Scottish Parliamentary election depends upon—

(a)    the services or expenses being of a kind specified in an order made under section 29(3);

(b)    the services being properly rendered and the expenses being properly incurred; and

(c)    the charges in respect of them being reasonable.

This Order specifies the kinds of services and expenses involved.

An Order under section 29(3) may also specify the maximum amounts which returning officers may recover for the various services which they render and expenses which they incur at elections for membership of the Scottish Parliament. This Order also specifies those maximum recoverable amounts.

Article 3(1)(a) and (2) of, and Part A of the Schedule to, this Order specify the kinds of services rendered by a constituency returning officer for, or in connection with, an election in respect of which he is entitled to recover his charges and the maximum recoverable amounts in respect of those services. Article 3(1)(b) and (c) and (2) of, and Parts B and C of the Schedule to, this Order specify the kinds of expenses incurred by a constituency returning officer for, or in connection with, an election in respect of which he is entitled to recover his charges, together (in the case of Part B) with the maximum recoverable amounts in respect of those expenses.

Article 4 of this Order specifies the kinds of services and expenses rendered by a regional returning officer for, or in connection with, an election in respect of which he is entitled to recover his charges, together with the maximum recoverable amounts in respect of the services specified in article 4(1)(a) and the expenses specified in article 4(1)(b).

The Order also makes provision for additional payments where the poll at a Scottish parliamentary election is taken together with the poll at a local government election.

Articles 5 and 6 of this Order make provision for the amounts that are recoverable by constituency and regional returning officers at uncontested elections in respect of their services and expenses.