LegalizeThe Recall Petition (Petition Officer’s Charges) (Northern Ireland) Regulations 2018
Made: 28th September 2018
Coming into force in accordance with regulation 1(2)
The Secretary of State, with the consent of the Treasury, makes these Regulations in exercise of the powers conferred by section 21(3)(b) of, and paragraph 3(1) and (2) of Schedule 1 to, the Recall of MPs Act 2015[^f00001].
Citation, commencement, extent and interpretation
1
- (1) These Regulations may be cited as the Recall Petition (Petition Officer’s Charges) (Northern Ireland) Regulations 2018.
- (2) They come into force on the day after the day on which they are made.
- (3) They extend to Northern Ireland only.
- (4) In these Regulations—
- “the Act” means the Recall of MPs Act 2015;
- “official petition notice” means a notice sent in accordance with section 8 of the Act (notice of petition to be sent to registered electors);
- “petition signing sheet” means a signing sheet which is to be made available for signing the recall petition in accordance with section 9 of the Act (recall petition to be made available for signing); and
- “postal signing sheet” means a petition signing sheet issued to a person who is entitled to sign the recall petition by post in accordance with section 9 of the Act.
Maximum recoverable amount for specified services
2
For the purposes of paragraph 3 of Schedule 1 to the Act (expenditure), the maximum recoverable amount in relation to a recall petition for a service specified in column 1 of the table in Schedule 1 is the amount listed in the corresponding entry in column 2 of that table.
Maximum recoverable amount for specified expenses
3
For the purposes of paragraph 3 of Schedule 1 to the Act, the maximum recoverable amount in relation to a recall petition for an expense specified in column 1 of the table in Schedule 2 is the amount listed in the corresponding entry in column 2 of that table.
Overall maximum recoverable amount
4
- (1) The overall maximum recoverable amount (within the meaning of paragraph 3(1)(b) of Schedule 1 to the Act) in relation to a recall petition is to be determined in accordance with this regulation.
- (2) The overall maximum recoverable amount is the sum of the maximum recoverable amounts specified in, or determined in accordance with —
- (a) regulation 2 (specified services), and
- (b) regulation 3 (specified expenses).
SCHEDULE 1 — Maximum recoverable amount for specified services
| 1 Specified service | 2 Maximum recoverable amount |
|---|---|
| Persons employed in relation to the preparation, revision and issue of official petition notices and the administrative costs of paying those persons | £2,500.00 |
| Persons employed in relation to the count and the administrative costs of paying those persons | £2,139.00 |
| Persons employed in relation to clerical or other assistance (other than petition clerks or their assistants) and the administrative costs of paying such persons | £24,845.00 |
| Persons employed in relation to the preparation, issue and receipt of postal signing sheets and the administrative costs of paying those persons | £16,704.00 |
| Persons employed as petition clerks to preside at designated signing places or assistants to those clerks and the administrative costs of paying those persons | £38,156.00 |
SCHEDULE 2 — Maximum recoverable amount for specified expenses
| 1 Specified expense | 2 Maximum recoverable amount |
|---|---|
| Printing and producing the petition signing sheets | £1,769.00 |
| Printing and producing the official petition notice and costs associated with its issue including postage | £33,245.00 |
| Printing and producing the postal signing sheets and costs associated with their issue and return including postage, and any other documents required by or under any enactment about the recall petition and any expenses required by any other documents | £34,250.00 |
| Daily transport of ballot boxes and the transport of petition signing sheets and other materials and equipment needed for the administration of the recall petition | £14,688.00 |
| Office equipment and software in relation to the count and verification | £200.00 |
| Renting, heating, lighting and cleaning, adapting or restoring any building or room designated as a petition signing place, including transportation and storage costs for temporary adaptations that cannot securely be stored in the building or room overnight | £9,449.00 |
| The payment of persons employed as petition clerks, or assistants of such clerks, or persons employed in relation to the count, who attend training for those purposes and the costs associated with the delivery of training including the hiring of a training room and training materials | £3,298.00 |
| Printing of constituency registers for accredited campaigners | £1,000.00 |
| Printing and publishing public notices and other documents | £4,500.00 |
| Providing security, including storage of ballot boxes, petition signing sheets and other materials and equipment needed for the administration of the recall petition, including providing stationery and meeting postage, telephone, printing, translation and banking costs and the costs of miscellaneous items | £500.00 |
| Travel and overnight subsistence including the cost of mileage for car travel for the petition officer and any person appointed to assist the petition officer | £1,683.00 |
Signed
Duncan of Springbank — Parliamentary Under Secretary of State — Northern Ireland Office — 28th September 2018
We consent
Rebecca Harris — Craig Whittaker — Two of the Lords Commissioners of Her Majesty’s Treasury — 13th September 2018
Explanatory note
(This note is not part of the Regulations)
EXPLANATORY NOTE
These Regulations prescribe the maximum amounts which the petition officer (the Chief Electoral Officer) in Northern Ireland may recover in respect of services rendered, or expenses incurred, under the Recall of MPs Act (“the Act”) in respect of a recall petition.
Under paragraph 3(1) of the Schedule 1 to the Act a petition officer may recover their charges for services, or expenses in respect of a recall petition, where these are necessarily incurred, for the effective and efficient performance of that officer’s functions in respect of that petition. Those charges must not exceed the amount specified in, or determined in accordance with, Regulations made by the Minister, with the consent of the Treasury.
Regulation 2 together with Schedule 1, specifies the maximum recoverable amounts for the kinds of specified services which the petition officer is entitled to recover.
Regulation 3 together with Schedule 2, specifies the maximum recoverable amounts for the kinds of specified expenses which the petition officer is entitled to recover.
Regulation 4 sets out the overall maximum recoverable amount for the purposes of paragraph 3(1)(b) of Schedule 1 to the Act.
An impact assessment has not been prepared for this instrument as no impact on the private, voluntary or public sectors is foreseen.
Footnotes
[^f00001]: 2015 c. 25. Powers under section 21(3)(b) of and paragraph 3(1) and (2) of Schedule 1 are vested in “the Minister”, which is defined under section 22(1) of the Recall of MPs Act 2015, as amended by S.I. 2015/1376, as including the Secretary of State.
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