Electoral Administration Act 2006

Prospective

107 (1) Section 29 (payments by and to returning officer), as proposed to be amended by paragraph 6(3) of Schedule 21 to the 2000 Act, is amended as follows. U.K.

(2) For subsections (3) to (6) substitute—

“(3) [F1 Subject to section 29A,] a returning officer shall be entitled to recover his charges in respect of services rendered, or expenses incurred, for or in connection with a parliamentary election if—

(a) the services were necessarily rendered, or the expenses were necessarily incurred, for the efficient and effective conduct of the election; and

(b) the total of his charges does not exceed the amount (“the overall maximum recoverable amount”) specified in, or determined in accordance with, regulations made by the Commission, with the consent of the Treasury, for the purposes of this subsection.

(4) Regulations under subsection (3) may specify, or make provision for determining in accordance with the regulations, a maximum recoverable amount for services or expenses of any specified description and, subject to subsection (5) below, the returning officer may not recover more than that amount in respect of any such services or expenses.

(5) In a particular case the Commission may, with the consent of the Treasury, authorise the payment of—

(a) more than the overall maximum recoverable amount, or

(b) more than the specified maximum recoverable amount for any specified services or expenses,

if the Commission are satisfied that the conditions in subsection (6) are met.

(6) The conditions referred to in subsection (5) are—

(a) that it was reasonable for the returning officer concerned to render the services or incur the expenses, and

(b) that the charges in question are reasonable.”

Textual Amendments

F1 Words in Sch. 1 para. 107(2) inserted (6.4.2014) by Electoral Registration and Administration Act 2013 (c. 6), ss. 18(3), 27(1); S.I. 2014/414, art. 3(c) (with art. 4)