The Police and Crime Commissioner Elections (Local Returning Officers’ and Police Area Returning Officers’ Charges) Order 2024

Made: 5th March 2024

Coming into force: 6th March 2024

The Secretary of State makes this Order in exercise of the powers conferred by sections 55(1) and (2) and 154(5) of the Police Reform and Social Responsibility Act 2011[^f00001], and with the consent of the Treasury[^f00002].

PART 1 — Introduction

Citation, commencement and extent

1

• (1) This Order may be cited as the Police and Crime Commissioner Elections (Local Returning Officers’ and Police Area Returning Officers’ Charges) Order 2024 and comes into force on the day after the day on which it is made.

• (2) This Order extends to England and Wales.

• (3) This Order does not apply in relation to an election for which the date of poll, as specified in the notice of election published in accordance with rule 4 in Part 1 of Schedule 3 to the Police and Crime Commissioner Elections Order 2012[^f00003], is on or before 1st May 2024.

Interpretation

2

In this Order—

• “the 2012 Order” means the Police and Crime Commissioner Elections Order 2012;

• “police area” means a police area listed in Schedule 1 to the Police Act 1996 (police areas outside London)[^f00004], other than Greater Manchester[^f00005], North Yorkshire[^f00006] and West Yorkshire[^f00007];

• “police area returning officer” means, in relation to a police area, the person for the time being designated by an order made under section 54(1)(b) of the Police Reform and Social Responsibility Act 2011[^f00008] (returning officers etc) as the police area returning officer for that area, so far as such an order applies for the purposes of an election for which the date of poll is on or after 2ndMay 2024;

• “voting area” has the meaning given by article 2(2) of the 2012 Order.

Meaning of “specified services” and “specified expenses”

3

• (1) In this Order the “specified services” are—

• (a) making arrangements for the election;

• (b) discharging the relevant officer’s duties at that election.

• (2) In this Order the “specified expenses” are—

• (a) in the case of a local returning officer, those described in paragraphs (3) and (4);

• (b) in the case of a police area returning officer, those described in paragraphs (3) and (5).

• (3) The expenses are those incurred in—

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

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

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

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

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

• (f) providing and transporting equipment;

• (g) conducting the verification of ballot paper accounts and the count;

• (h) providing and receiving training;

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

• (4) The expenses are those incurred in—

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

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

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

• (d) 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 returning officer.

• (5) The expenses are those incurred in—

• (a) discharging the police area returning officer’s functions in relation to the nomination process;

• (b) obtaining legal advice or any translations required in connection with candidates’ election addresses;

• (c) providing security;

• (d) discharging the police area returning officer’s functions under regulation 7 of the Police and Crime Commissioner Elections (Functions of Returning Officers) Regulations 2012[^f00009] (encouraging participation in a police and crime commissioner election).

• (6) In this article, “the relevant officer” means the local returning officer or police area returning officer (as the case may be).

PART 2 — Charges for services and expenses of local returning officers

Local returning officers: maximum recoverable amount for specified services and specified expenses

4

• (1) In relation to an ordinary election, the maximum amount recoverable by a local returning officer for a voting area listed in column 1 of the table in Schedule 1—

• (a) in respect of specified services, is the corresponding amount in column 2 of that table;

• (b) in respect of specified expenses, is the corresponding amount in column 3 of that table.

• (2) In relation to an election held to fill a vacancy in the office of police and crime commissioner, where the poll for that election is not combined with any other poll, the maximum amount recoverable by a local returning officer for a voting area listed in column 1 of the table in Schedule 2—

• (a) in respect of specified services, is the corresponding amount in column 2 of that table;

• (b) in respect of specified expenses, is the corresponding amount in column 3 of that table.

Local returning officers: overall maximum recoverable amount

5

• (1) In relation to an ordinary election, the overall maximum amount recoverable by a local returning officer for a voting area listed in column 1 of the table in Schedule 1 is the corresponding amount for that area specified in column 4 of that table.

• (2) In relation to an election held to fill a vacancy in the office of police and crime commissioner, where the poll for that election is not combined with any other poll, the overall maximum amount recoverable by a local returning officer for a voting area listed in column 1 of the table in Schedule 2 is the corresponding amount for that area specified in column 4 of that table.

PART 3 — Charges for services and expenses of police area returning officers

Police area returning officers: maximum recoverable amount for specified services and specified expenses

6

The total of the charges recoverable by a police area returning officer for each police area listed in column 1 of the table in Schedule 3—

• (a) in respect of the specified services, must not exceed the corresponding amount specified in column 2 of that table;

• (b) in respect of the specified expenses, must not exceed the corresponding amount specified in column 3 of that table.

Police area returning officers: overall maximum recoverable amount

7

In respect of a police area returning officer, the overall maximum recoverable amount for each police area listed in column 1 of the table in Schedule 3 is the corresponding amount specified in column 4 of that table.

PART 4 — Charges at uncontested elections

Overall maximum recoverable amount at an uncontested election

8

Parts 2 and 3 do not apply at an uncontested election and instead—

• (a) in respect of a local returning officer, the overall maximum recoverable amount for each voting area is £1,750;

• (b) in respect of a police area returning officer, the overall maximum recoverable amount for each police area is £350.

PART 5 — Consequential amendments, revocations and savings

Consequential amendments

9

• (1) In the Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017[^f00010], in Schedule 2 (exclusion of legislation from application to the combined authority mayor with policing and crime functions) omit paragraphs 34 and 38.

• (2) In the West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021[^f00011], in Schedule 6 (exclusion of legislation from application to the combined authority mayor with policing and crime functions) omit paragraphs 34 and 38.

• (3) In the York and North Yorkshire Combined Authority Order 2023[^f00012], in Schedule 6 (exclusion of legislation from application to the Combined Authority Mayor with policing and crime functions) omit paragraph 34.

Revocations and savings

10

• (1) Subject to paragraph (2)—

• (a) the Police and Crime Commissioner Elections (Local Returning Officers’ and Police Area Returning Officers’ Charges) Order 2021[^f00013] is revoked;

• (b) omit articles 1 and 4 of the Police and Crime Commissioner Elections (Designations etc.) (Amendment) Order 2022[^f00014].

• (2) The Order revoked by paragraph (1)(a) and the articles omitted by paragraph (1)(b) continue to have effect in respect of any election for which the date of poll, as specified in the notice of election published in accordance with rule 4 in Part 1 of Schedule 3 to the Police and Crime Commissioner Elections Order 2012, is on or before 1st May 2024.

SCHEDULE 1 — Local returning officers: maximum recoverable amounts for voting areas reflecting the level of poll combination at ordinary elections on 2nd May 2024

SCHEDULE 2 — Local returning officers: maximum recoverable amounts for voting areas for an election to fill a vacancy in the office of a police and crime commissioner, if the poll is not combined with any other poll

SCHEDULE 3 — Police area returning officers: maximum recoverable amounts for police areas

Signed

Signed by authority of the Secretary of State for Levelling Up, Housing and Communities

Simon Hoare — Parliamentary Under Secretary of State — Department for Levelling Up, Housing and Communities — 5th March 2024

We consent to this Order

Joy Morrissey — Amanda Milling — Two of the Lords Commissioners of His Majesty’s Treasury — 5th March 2024

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

Under section 55 of the Police Reform and Social Responsibility Act 2011 (c. 13), a returning officer may recover charges in respect of services rendered, or expenses incurred, for or in connection with an election if the services were necessarily rendered, or the expenses necessarily incurred, for the efficient and effective conduct of a police and crime commissioner election (“PCC election”). Those charges may not however exceed the overall maximum recoverable amount specified by the Secretary of State, with the consent of the Treasury, in an order. An order may also specify the maximum amount that may be recovered in respect of any specified services or expenses.

Articles 4 and 5 of, and Schedule 1 to, this Order specify the maximum amounts for specified services and specified expenses, and the overall maximum amount, that may be recovered by a local returning officer in respect of a voting area at the PCC elections scheduled for 2nd May 2024, some of which are combined with other elections.

Articles 4 and 5, and Schedule 2, provide maximum recoverable amounts for PCC elections taken alone following 2nd May 2024 to fill a vacancy in the office of police and crime commissioner.

Articles 6 and 7 and Schedule 3 specify the overall maximum amount and the maximum amounts for specified services and specified expenses that may be recovered by a police area returning officer in respect of a police area at a PCC election.

Article 8 specifies the maximum amounts that may be recovered (instead of the amounts referred to above) where an election is uncontested.

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

Footnotes

[^f00001]: 2011 c. 13. Sections 55(1) and 154(5) were amended by S.I. 2021/1265.

[^f00002]: Consent is required by virtue of section 55(1)(b) of the Police Reform and Social Responsibility Act 2011.

[^f00003]: S.I. 2012/1917, to which there are amendments not relevant to this Order.

[^f00004]: 1996 c. 16. Schedule 1 was amended by section 129(b) to (d) of the Police Act 1997 (c. 50) and by S.I.s 1997/1844, 1845, 1846, 1847, 1849, 1850, 1855, 1857, 2009/119 and 2022/790. It is prospectively amended by section 129(a) of the Police Act 1997 from a date and time to be appointed.

[^f00005]: The functions of a police and crime commissioner in respect of Greater Manchester have been transferred to the mayor of the Greater Manchester Combined Authority by S.I. 2017/470. See paragraph 21(b) and (d) of Schedule 2, the effect of which is to remove the requirement to designate both a police area returning officer under section 54(1)(b) and a local authority for the purposes of section 75(1) of the Police Reform and Social Responsibility Act 2011 in respect of the Greater Manchester Combined Authority.

[^f00006]: The functions of a police and crime commissioner in respect of North Yorkshire have been transferred to the mayor of the York and North Yorkshire Combined Authority by S.I. 2023/1432. See paragraph 21 (b) and (d) of Schedule 6, the effect of which is to remove the requirement to designate both a police area returning officer under section 54(1)(b) and a local authority for the purposes of section 75(1) of the Police Reform and Social Responsibility Act 2011 in respect of the York and North Yorkshire Combined Authority.

[^f00007]: The functions of a police and crime commissioner in respect of West Yorkshire have been transferred to the mayor of the West Yorkshire Combined Authority by S.I. 2021/112. See paragraph 21(b) and (d) of Schedule 6, the effect of which is to remove the requirement to designate both a police area returning officer under section 54(1)(b) and a local authority for the purposes of section 75(1) of the Police Reform and Social Responsibility Act 2011 in respect of the West Yorkshire Combined Authority.

[^f00008]: Section 54(1)(b) was amended by S.I.s 2015/1526 and 2021/1265.

[^f00009]: S.I. 2012/1918, to which there are amendments not relevant to this Order.

[^f00010]: S.I. 2017/470, to which there are amendments not relevant to this Order.

[^f00011]: S.I. 2021/112, to which there are amendments not relevant to this Order.

[^f00012]: S.I. 2023/1432.

[^f00013]: S.I. 2021/390, amended by S.I. 2022/1079.

[^f00014]: S.I. 2022/1079.