1 Citation, commencement and extent

(1)    This Order may be cited as the European Parliamentary Elections (Local Returning Officers' Charges) (Great Britain and Gibraltar) Order 2004 and shall come into force on the day after the day on which it is made.

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

NOTES
Initial Commencement
Specified date

Specified date: 7 May 2004: see para (1) above.

2 Interpretation

2Interpretation

In this Order—

“election” means a European Parliamentary election;

“local counting area” has the meaning given in regulation 2(1) of the 2004 Regulations (including, in the case of the European Parliamentary general election in 2004, as modified for England and Wales by regulation 7(4) of the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004);

“register of electors” has the meaning given in regulation 2(1) of the 2004 Regulations; and

“the 2004 Regulations” means the European Parliamentary Elections Regulations 2004.

NOTES
Initial Commencement
Specified date

Specified date: 7 May 2004: see art 1(1).

Constitutional Law90 Elections90

3 Revocation

3Revocation

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

NOTES
Initial Commencement
Specified date

Specified date: 7 May 2004: see art 1(1).

4 Services and expenses in respect of which a local returning officer at a European Parliamentary election in Great Britain and in Gibraltar may recover his charges

4Services and expenses in respect of which a local returning officer at a European Parliamentary election in Great Britain and in Gibraltar may recover his charges

(1)    For the purposes of sub-paragraph (a) of regulation 15(1) of the 2004 Regulations (which provides that a local returning officer is entitled to recover his charges in respect of services properly rendered or expenses properly incurred for or in connection with a European Parliamentary election if the services or expenses are of a kind specified in an order made under that provision and the charges are reasonable)—

(a)    services of the kind described in paragraphs 1(1) and 2(1) of Part A of the Schedule to this Order; and

(b)    expenses of a kind described in paragraphs 1(1), 2(1) and 3(1) of Part B of the Schedule to this Order and expenses of a kind described in Part C of the Schedule to this Order,

are hereby specified.

(2)    The maximum recoverable amounts at an uncontested election are hereby specified as—

(a)    £439.67 in respect of the services specified in Part A of the Schedule; and

(b)    £1088.30 in respect of the expenses specified in Part B of the Schedule.

NOTES
Initial Commencement
Specified date

Specified date: 7 May 2004: see art 1(1).

Signature

Signed on behalf of the Secretary of State for Constitutional Affairs

Christopher Leslie

Parliamentary Under Secretary of State

Department for Constitutional Affairs

Date 3 May 2004

We consent to this Order

Joan Ryan

John Heppell

Two of the Lords Commissioners of Her Majesty's Treasury

Date 6 May 2004

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Order)

This Order, which applies in Great Britain and in Gibraltar, provides for the expenses of local returning officers at European Parliamentary elections. Local returning officers are defined by section 6(5A) of the European Parliamentary Elections Act 2002 and discharge functions in each local counting area in accordance with regulation 6 of the European Parliamentary Elections Regulations 2004 (the 2004 Regulations).

Under regulation 15(1) of the 2004 Regulations the entitlement of a local returning officer at a European Parliamentary election to recover his charges in respect of his services or expenses for or in connection with such an election depends upon—

(a)    the services or expenses being of a kind specified in an order under that provision,

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

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

Part A of the Schedule to this Order specifies the kinds of services rendered by a local returning officer for or in connection with a European Parliamentary election in respect of which he is entitled to recover his charges, together with the maximum recoverable amounts in respect of those services. Parts B and C of the Schedule specify the kinds of expenses incurred by a local returning officer for or in connection with a European Parliamentary 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 charges.

Parts A and B of the Schedule to this Order increase the maximum recoverable amounts from those that were specified in the European Parliamentary Elections (Local Returning Officers' Charges) Order 1999 (SI 1999/1377). That Order is revoked by this Order.