The Parliamentary Elections (Returning Officer’s Charges) (Northern Ireland) Order 2010

Made: 15th March 2010

Coming into force in accordance with article 1(1)

The Secretary of State, in exercise of the powers conferred by section 29(3) and (4C) of the Representation of the People Act 1983[^f00001], makes the following Order with the consent of the Treasury[^f00002]:

Citation, commencement and extent

1

• (1) This Order may be cited as the Parliamentary Elections (Returning Officer’s Charges) (Northern Ireland) Order 2010 and it comes into force on the day after the day on which it is made.

• (2) This Order extends to Northern Ireland only.

Overall maximum recoverable amount

2

For the purposes of section 29(3) of the Representation of the People Act 1983 the amount specified as the overall maximum recoverable amount at—

• (a) an uncontested parliamentary election in each constituency is £1,750.00; and

• (b) at a contested parliamentary election in a constituency is the amount specified in respect of that constituency in the table in the Schedule to this Order.

Revocation

3

The Parliamentary Elections (Returning Officer’s Charges) (Northern Ireland) Order 2005[^f00003] is revoked.

SCHEDULE — Overall maximum recoverable amount for each constituency

Signed

Paul Goggins — Minister of State — 10th March 2010

We consent to this Order

Steve McCabe — Bob Blizzard — Two of the Lords Commissioners of Her Majesty’s Treasury — 15th March 2010

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

Section 29(3) of the Representation of the People Act 1983 enables the Secretary of State to specify in an Order the overall maximum recoverable amount that a returning officer may recover in respect of services rendered or expenses incurred for or in connection with a parliamentary election.

This Order specifies those amounts in respect of each constituency in Northern Ireland (of which there are 18). At an uncontested election in any constituency the amount is £1,750.00. At a contested election, the amount for each constituency is set out in the table in the Schedule to the Order.

This Order also revokes the Parliamentary Elections (Returning Officer’s Charges) (Northern Ireland) Order 2005.

A full impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.

Footnotes

[^f00001]: 1983 c. 2; section 29 was amended by the Representation of the People Act 1991 (c. 11) which substituted subsections (3)-(4C), amended subsection (5) and inserted subsection (9); the Transfer of Functions (Returning Officers’ Charges) Order 1991 (S.I. 1991/1728) which transferred the functions formally conferred on the Treasury by section 29 to the Secretary of State, made consequential amendments and substituted subsections (8) and (9); section 15 of, and paragraph 4 of Schedule 6 to, the Representation of the People Act 2000 (c. 2) which amended subsection (4C); paragraph 6 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c. 41) which substituted subsections (3) to (9) but those amendments have not been brought into force; section 68 of the Electoral Administration Act 2006 (c. 22) which subsequently substituted subsections (3)-(3C) and amended subsection (9) and section 74(2) of, and Schedule 2 to, that Act which repealed subsections (4), (4A) and (4B).

[^f00002]: Consent of the Treasury is required by subsection (9) of section 29 as inserted by S.I. 1991/1728 and amended by the Electoral Administration Act 2006 (c.22) as detailed above.

[^f00003]: S.I. 2005/1160.