The National Assembly for Wales (Representation of the People) Order 2003

Payments by and to returning officer

21.—(1) A constituency or a regional returning officer shall be entitled to recover his charges in respect of services properly rendered, or expenses properly incurred, for, or in connection with, an Assembly election if—

(a) the services or expenses are of a kind specified in an order made by the Assembly, and

(b) the charges are reasonable,

and in the case of a constituency returning officer, this paragraph applies to services rendered or expenses incurred for, or in connection with, a constituency or a regional election.

(2) In any order made under paragraph (1) the Assembly may specify a maximum recoverable amount for services or expenses of any specified description and, subject to paragraph (3), the returning officer may not recover more than that amount in respect of any such services or expenses.

(3) The Assembly may, in a particular case, authorise the payment of more than the specified amount for any specified services or expenses if satisfied—

(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.

(4) Any order under paragraph (1) which specifies the maximum amount for services or expenses of a particular description may—

(a) provide for that amount to increase at such dates, or after such periods, by reference to such formula or other method of determination as may be specified in the order, and

(b) make such transitional provision in connection with any such increase as the Assembly considers appropriate.

(5) Any order under paragraph (1) may make different provision for constituency elections (on the one hand) and regional elections (on the other).

(6) The power to make orders under paragraph (1) shall be exercised by statutory instrument.

(7) The Assembly shall pay the amount of any charges recoverable in accordance with this article on an account being submitted to it but the Assembly may if it thinks fit, before payment, apply for the account to be taxed under the provisions of article 22.

(8) Where the superannuation contributions required to be paid by a local authority in respect of any person are increased by any fee paid under this article as part of a returning officer’s charges at an Assembly election; then on an account being submitted to the Assembly, a sum equal to the increase shall be paid by the Assembly to the authority.

(9) On a returning officer’s request for an advance on account of his charges, the Assembly may, on such terms as it thinks fit, make such an advance.

(10) The Assembly by regulations may make provision as to the time when and the manner and form in which accounts are to be rendered to the Assembly for the purpose of the payment of a returning officer’s charges; and such regulations may make different provision for constituency elections (on the one hand) and regional elections (on the other).