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The Recall Petition (Petition Officers’ Charges) Regulations 2024

S.I. 2024/298 · Made 5 March 2024 · Extends to England, Wales and Scotland

As made. This is the original text, without later amendments. Read the latest version.

Representation Of The People

Made

5th March 2024

Coming into force

6th March 2024

The Secretary of State, with the consent of the Treasury, makes these Regulations in exercise of the powers conferred by section 21(1) and (3) of, and paragraph 3(1) and (2) of Schedule 1 to, the Recall of MPs Act 2015f1.

Annotations to the whole text

Footnotes

f1

2015 c. 25. See section 22(1) for the definition of “the Minister”.

Contents

  1. 1Citation, commencement, extent and interpretation
  2. 2Petition officers: maximum recoverable amount for specified services
  3. 3Petition officers: maximum recoverable amount for specified expenses
  4. 4Overall maximum recoverable amount
  5. 5Revocation and saving
  6. Signature
  7. Schedule 1: Maximum recoverable amount for specified services
  8. Schedule 2: Maximum recoverable amount for specified expenses
  9. Explanatory note

1Citation, commencement, extent and interpretationI1

(1)

These Regulations may be cited as the Recall Petition (Petition Officers’ Charges) Regulations 2024 and come into force on the day after the day on which they are made.

(2)

These Regulations extend to England and Wales and Scotland.

(3)

In these Regulations—

  • “the Act” means the Recall of MPs Act 2015;

  • “Greater London area” means the area of—

    1. the City of London, and

    2. the London boroughs described in Schedule 1 to the London Government Act 1963f1;

  • “official petition notice” means a notice sent in accordance with section 8 of the Act (notice of petition);

  • “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), other than a postal signing sheet;

  • “postal signing sheet” means a signing sheet issued to a postal signer in accordance with Part 5 of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016.

2Petition officers: maximum recoverable amount for specified servicesI1

(1)

The maximum recoverable amount (for the purposes of paragraph 3 of Schedule 1 to the Act) in relation to a recall petition for a service specified in column 1 of the table in Schedule 1 is to be determined in accordance with this regulation.

(2)

Except in a case described in paragraph (3) or (4), the maximum recoverable amount in relation to a specified service listed in column 1 is the amount listed in the corresponding entry in column 2 of that table.

(3)

Where the constituency to which a recall petition relates is wholly or partly within the Greater London area, the maximum recoverable amount in relation to a specified service listed in column 1 is the amount listed in the corresponding entry in column 3 of that table.

(4)

Where the constituency to which a recall petition relates is not wholly or partly within the Greater London area but borders a constituency that is, the maximum recoverable amount in relation to a specified service listed in column 1 is the amount listed in the corresponding entry in column 4 of that table.

3Petition officers: maximum recoverable amount for specified expensesI1

(1)

The maximum recoverable amount (for the purposes of paragraph 3 of Schedule 1 to the Act) in relation to a recall petition for an expense specified in column 1 of the table in Schedule 2 is to be determined in accordance with this regulation.

(2)

Except in a case described in paragraph (3) or (4), the maximum recoverable amount in relation to a specified expense listed in column 1 is the amount listed in the corresponding entry in column 2 of that table.

(3)

Where the constituency to which a recall petition relates is wholly or partly within the Greater London area, the maximum recoverable amount in relation to a specified expense listed in column 1 is the amount listed in the corresponding entry in column 3 of that table.

(4)

Where the constituency to which a recall petition relates is not wholly or partly within the Greater London area but borders a constituency that is, the maximum recoverable amount in relation to a specified expense listed in column 1 is the amount listed in the corresponding entry in column 4 of that table.

4Overall maximum recoverable amountI1

(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)

Except in a case described in paragraph (3) or (4), the overall maximum recoverable amount is the sum of the maximum recoverable amounts specified in, or determined in accordance with—

(a)

regulation 2(2) (specified services), and

(b)

regulation 3(2) (specified expenses).

(3)

Where the constituency to which a recall petition relates is wholly or partly within the Greater London area, the overall maximum recoverable amount is the sum of the maximum recoverable amounts specified in, or determined in accordance with—

(a)

regulation 2(3) (specified services), and

(b)

regulation 3(3) (specified expenses).

(4)

Where the constituency to which a recall petition relates is not wholly or partly within the Greater London area but borders a constituency that is, the overall maximum recoverable amount is the sum of the maximum recoverable amounts specified in, or determined in accordance with—

(a)

regulation 2(4) (specified services), and

(b)

regulation 3(4) (specified expenses).

5Revocation and savingI1

(1)

Subject to paragraph (2), the Recall Petition (Petition Officers’ Charges) Regulations 2016f1 are revoked.

(2)

The Recall Petition (Petition Officers’ Charges) Regulations 2016 continue to have effect in respect of any recall petition for which the petition officer sent an official petition notice prior to the date on which these Regulations come into force.

Signature

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 these Regulations

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

Explanatory note

(This note is not part of the Regulations)

These Regulations prescribe the maximum amounts which a petition officer may recover in respect of a recall petition under the Recall of MPs Act 2015 (“the Act”) in respect of a recall petition.

Under paragraph 3(1) of Schedule 1 to the Act, a petition officer may recover their charges for services rendered, or expenses incurred, in respect of a recall petition, if the services were necessarily rendered, and expenses necessarily incurred, for the effective and efficient performance of that officer’s functions; and those charges do not exceed the amount specified in, or determined in accordance with, Regulations made by the Minister. Paragraph 3(2) of Schedule 1 to the Act enables those Regulations to specify a maximum recoverable amount for services or expenses of any specified description.

Regulation 2, together with Schedule 1, specifies the maximum recoverable amounts for the kinds of specified services that a petition officer may recover. There are varying maximum amount depending on the location of the constituency.

Regulation 3, together with Schedule 2, specifies the maximum recoverable amounts for the kinds of specified expenses that a petition officer may recover. Again, the maximum amounts differ depending on the location of the constituency.

Regulation 4 determines 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 or voluntary sector is foreseen.