Article 23 Payments by and to returning officerI1

England and Wales

(1)

A returning officer is entitled to recover their charges in respect of expenses incurred for, or in connection with, a Senedd election where such expenses were necessarily incurred, for the efficient and effective conduct of the election.

(2)

A returning officer is entitled to recover, on behalf of electoral administrators, charges in respect of services rendered for, or in connection with, a Senedd election where such charges were necessarily incurred for the efficient and effective conduct of the election.

(3)

For the purpose of paragraph (2), the “electoral administrators” include—

(a)

a returning officer appointed under article 18,

(b)

a deputy returning officer appointed under article 20, and

(c)

officers of councils responsible for the carrying out of functions related to a Senedd election under article 19.

(4)

The Welsh Ministers must, by order—

(a)

specify the maximum amount that is recoverable for charges under paragraphs (1) and (2),

(b)

provide a method of calculating the maximum amount that those charges may not exceed,

(c)

specify, or provide a method for calculating, the maximum amounts recoverable for services or expenses of particular types, and

(d)

make provision as to the time when, and the manner and form in which, accounts are to be submitted to the Welsh Ministers for payment of such charges.

(5)

A returning officer may not recover more than any maximum amount set by an order under paragraph (4), unless the Welsh Ministers are satisfied that it was reasonable for that returning officer to render the services or incur the expenses, and that the charges are reasonable.

(6)

An order under paragraph (4) may—

(a)

make different provision for different cases, circumstances or areas,

(b)

vary, amend or revoke any previous such regulations and orders, and

(c)

contain such incidental, supplemental, saving or transitional provisions,

as the Welsh Ministers may determine.

(7)

Subject to paragraph (9), any sums recoverable in accordance with this article are to be charged on, and paid out of, the Welsh Consolidated Fund on an account being submitted to the Welsh Ministers.

(8)

Where the superannuation contributions required to be paid by a local authority in respect of any person are increased by any fee paid under this article as part of a returning officer’s charges at a Senedd election, then on an account being submitted to the Welsh Ministers, a sum equal to the increase must be charged on, and paid out of, the Welsh Consolidated Fund to the authority.

(9)

The Welsh Ministers may, if they think fit, apply for an account to be assessed in accordance with article 24 before making any payment under this article.

(10)

On a request by a returning officer for an advance on account of charges, the Welsh Ministers may, on such terms as they think fit, make such an advance.

(11)

The power to make orders under paragraph (4) is exercisable by statutory instrument, and for the purpose of section 1 of the Statutory Instruments Act 1946^f1, this provision has effect as if contained in an Act of the Senedd.

Annotations

Commencement

I1: Art. 23 in force at 18.7.2025, see art. 1(2)

Footnotes

f1: 1946 c. 36. Section 1 was amended by paragraph 2 of Schedule 12 to the Government of Wales Act 1998 (c. 38) and paragraph 2 of Schedule 10 to the Government of Wales Act 2006 (c. 32).