The European Union Referendum (Counting Officers’ and Regional Counting Officers’ Charges) Regulations 2016

Made: 22nd March 2016

Coming into force in accordance with regulation 1(1)

The Chancellor of the Duchy of Lancaster, with the consent of the Treasury, makes these Regulations in exercise of the powers conferred by paragraph 16(1)(b), (4) and (11) of Schedule 3 to the European Union Referendum Act 2015[^f00001].

Citation, commencement and extent

1

• (1) These Regulations may be cited as the European Union Referendum (Counting Officers’ and Regional Counting Officers’ Charges) Regulations 2016 and come into force on the day after the day on which they are made.

• (2) These Regulations extend to the whole of the United Kingdom and to Gibraltar.

Counting officers: overall maximum recoverable amount

2

The overall maximum recoverable amount in respect of a counting officer for a voting area is the amount given in the entry in column 4 of the table in Schedule 1 that corresponds to that voting area.

Counting officers: maximum recoverable amount for specified services

3

• (1) In respect of the services specified in paragraph (2), the maximum amount recoverable by a counting officer for a voting area is the amount given in the entry in column 2 of the table in Schedule 1 that corresponds to that voting area.

• (2) The specified services are—

• (a) making arrangements for the referendum;

• (b) discharging the counting officer’s duties at the referendum;

• (c) conducting the referendum.

• (3) This regulation does not apply to the counting officer for the Northern Ireland voting area.

Counting officers: maximum recoverable amount for specified expenses

4

• (1) In respect of the expenses specified in paragraph (2), the maximum amount recoverable by a counting officer for a voting area is the amount given in the entry in column 3 of the table in Schedule 1 that corresponds to that voting area.

• (2) The specified expenses are those incurred in—

• (a) the appointment and payment of persons to assist the counting officer;

• (b) travel and overnight subsistence for the counting officer and any person appointed to assist the counting officer;

• (c) printing or otherwise producing the ballot papers;

• (d) printing, or otherwise producing, or buying the postal vote stationery;

• (e) printing, or otherwise producing, and arranging for the delivery of poll cards;

• (f) printing, or otherwise producing, and where appropriate publishing, notices and any other documents required by any enactment for or in connection with the referendum;

• (g) renting, heating, lighting, cleaning, adapting or restoring any building or room;

• (h) providing and transporting equipment;

• (i) providing information and communications technology equipment and software, and associated costs;

• (j) providing for the safekeeping and security of ballot papers (including, where necessary, the secure storage of ballot boxes) and any verification documents kept by the counting officer;

• (k) conducting the verification and the count;

• (l) providing and receiving training;

• (m) providing stationery and meeting postage, telephone, printing, translation and banking costs and the costs of other miscellaneous items.

Regional Counting Officers: overall maximum recoverable amount

5

The overall maximum recoverable amount in respect of a Regional Counting Officer appointed for a region is the amount given in the entry in column 4 of the table in Schedule 2 that corresponds to that region.

Regional Counting Officers: maximum recoverable amount for specified services

6

• (1) In respect of the services specified in paragraph (2), the maximum amount recoverable by a Regional Counting Officer appointed for a region is the amount given in the entry in column 2 of the table in Schedule 2 that corresponds to that region.

• (2) The specified services are—

• (a) making arrangements for the referendum;

• (b) discharging the Regional Counting Officer’s duties at the referendum.

Regional Counting Officers: maximum recoverable amount for specified expenses

7

• (1) In respect of the expenses specified in paragraph (2), the maximum amount recoverable by a Regional Counting Officer appointed for a region is the amount given in the entry in column 3 of the table in Schedule 2 that corresponds to that region.

• (2) The specified expenses are those incurred in—

• (a) the appointment and payment of persons to assist the Regional Counting Officer;

• (b) travel and overnight subsistence for the Regional Counting Officer and any person appointed to assist the Regional Counting Officer;

• (c) printing or otherwise producing the ballot papers;

• (d) printing, or otherwise producing, and where appropriate publishing, notices and any other documents required by any enactment for or in connection with the referendum;

• (e) renting, heating, lighting, cleaning, adapting or restoring any building or room;

• (f) providing and transporting equipment;

• (g) providing security;

• (h) providing and receiving training;

• (i) collating the results of the referendum in voting areas within the region and submitting the regional result to the Chief Counting Officer;

• (j) providing stationery and meeting postage, telephone, printing, translation and banking costs and the costs of other miscellaneous items.

SCHEDULE 1 — Maximum recoverable amounts for counting officers

SCHEDULE 2 — Maximum recoverable amounts for Regional Counting Officers

Signed

John Penrose — Minister for Constitutional Reform — Cabinet Office — 21st March 2016

We consent to these Regulations

Mel Stride — George Hollingbery — Two of the Lords Commissioners of Her Majesty’s Treasury — 22nd March 2016

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations set maximum amounts recoverable by counting officers and Regional Counting Officers for their services and expenses in relation to the referendum on whether the United Kingdom should remain a member of the European Union.

Under paragraph 16 of Schedule 3 to the European Union Referendum Act 2015 (c. 36) counting officers and Regional Counting Officers may recover their charges for services and expenses, provided they were necessarily rendered or incurred for the efficient and effective conduct of the referendum and the total does not exceed the overall maximum recoverable amount specified by the Minister in regulations. Under paragraph 16(4) the regulations may specify maximum recoverable amounts for particular services and expenses.

Regulations 2, 3 and 4, and Schedule 1, deal with counting officers. Schedule 1 lists by voting area the maximum recoverable amount for the specified services (column 2), the maximum recoverable amount for the specified expenses (column 3) and the overall maximum recoverable amount (column 4).

Regulations 4, 5 and 6, and Schedule 2, deal with Regional Counting Officers. Schedule 2 lists by region the maximum recoverable amount for the specified services (column 2), the maximum recoverable amount for the specified expenses (column 3) and the overall maximum recoverable amount (column 4).

An impact assessment has not been produced for this instrument because no impact on the private or voluntary sectors is foreseen.

Footnotes

[^f00001]: 2015 c. 36. “The Minister” is defined in section 11(1) to include the Chancellor of the Duchy of Lancaster. Consent of the Treasury is required by paragraph 16(1)(b) of Schedule 3.