10. After regulation 15 insert—
15A.—(1) This regulation applies to a service rendered by a returning officer or a local returning officer (referred to in this regulation as the “relevant officer”) for or in connection with a European Parliamentary election which, in the opinion of the Electoral Commission, was inadequately performed.
(2) The Commission may recommend to the Secretary of State(1) that the relevant officer is entitled under regulation 15(1) to no more than a specified amount (which may be nil) in respect of that service.
(3) In making a recommendation under paragraph (2), the Commission must have regard to—
(a)if the election concerned is a general election of MEPs, any report prepared under section 5 of the 2000 Act(2) on the administration of that election;
(b)any assessment of the level of performance of the relevant officer in relation to that election under section 9B(4) of the 2000 Act(3);
(c)any representations made to the Commission by the relevant officer in respect of the performance of the service; and
(d)any other information relating to the performance of the service by the relevant officer that has been provided to the Commission.
(4) Where the Commission makes a recommendation under paragraph (2), the relevant officer is entitled under regulation 15(1) to no more than the amount (which may be nil) determined by the Secretary of State, having regard to the recommendation by the Commission.”
The Secretary of State’s functions under the 2004 Regulations were made exercisable concurrently by the Lord President of the Council and the Secretary of State by S.I. 2010/1837.
“2000 Act” is defined in regulation 2 of the 2004 Regulations to mean the Political Parties Elections and Referendums Act 2000 (c.41); section 5 of the 2000 Act was amended by section 28 of the Electoral Administration Act 2006 (c.22), section 10 of the Local Electoral Administration (Scotland) Act 2011 (2011 asp 10), Schedule 10 to the Police Reform and Social Responsibility Act 2011 (c.13) and S.I. 2007/1388.
Section 9B was inserted by section 67 of the Electoral Administration Act 2006 (c.22).