CONSTITUTIONAL LAW Citation, commencement and interpretation 1 1 This Order may be cited as the Scottish Parliamentary Elections (Returning Officers' Charges) Order 1999 and shall come into force on 12th April 1999. 2 In this Order– “the 1983 Act ” means the Representation of the People Act 1983; “the 1999 Order ” means the Scottish Parliament (Elections etc.) Order 1999; “combined polls” refers to the poll at a Scottish parliamentary election and the poll at a local government election when they are taken together under article 13 of the 1999 Order; “constituency returning officer” means the officer who, in accordance with article 14 of the 1999 Order is the constituency returning officer for a Scottish parliamentary election; “regional returning officer” means a regional returning officer for the purposes of the Scotland Act 1998 ; “general election” means an ordinary general election for membership of the Scottish Parliament; “by-election” means an election held to fill the vacant seat of a constituency member of the Scottish Parliament under section 8 of the Scotland Act; “Scottish parliamentary election” means an election for membership of the Scottish Parliament, and any other expression used in this Order which is also used in the Scotland Act 1998 will have the same meaning in this Order as it has in that Act. 3 Any reference to the register of electors is to the register of electors used at the election at which the services were rendered or expenses incurred and to that register as first published. Constituency returning officers 2 1 For the purposes of paragraph (a) of section 29(3) of the 1983 Act, as applied by article 18 of the 1999 Order – a the services of a constituency returning officer which are of a kind described in paragraphs 1(1) and 2(1) of Part A of the Schedule to this Order (hereafter referred to as “services specified in Part A of the Schedule”); and b the expenses of a constituency returning officer which are of a kind described in paragraphs 1(1), 2(1), 3(1), 4(1) and 5 of Part B of the Schedule to this Order (hereafter referred to as “expenses specified in Part B of the Schedule”) and expenses of a kind described in Part C of the Schedule to this Order, are hereby specified. 2 The maximum recoverable amounts by a constituency returning officer at a contested election in respect of the services specified in Part A of the Schedule or the expenses specified in Part B of the Schedule are hereby specified as– a in the case of a general election, the amounts set out in column 2 of those Parts; and b in the case of a by-election, the amounts set out in column 3 of those Parts, in respect of each entry set out opposite thereto in column 1 of those Parts. Regional returning officers 3 1 For the purposes of paragraph (a) of section 29(3) of the 1983 Act as applied by article 18 of the 1999 Order– a the services of a regional returning officer in conducting the general election and discharging his duties; b the expenses of a regional returning officer in respect of the payment of persons employed in connection with the calculation of regional figures for the purposes of section 7 of the Scotland Act 1998 and the allocation of seats to registered political parties and individual candidates under section 7 of that Act; c the travelling and overnight subsistence expenses of– i the regional returning officer; ii any person placed at the regional returning officer’s disposal under article 15(2) of the 1999 Order; iii any clerical or other assistants employed by the regional returning officer; d the expenses of a regional returning officer in printing or otherwise producing the ballot papers; e the expenses of a regional returning officer in printing or otherwise producing and, where appropriate publishing notices and other documents required by the 1999 Order; f the expenses of a regional returning officer in the provision of stationary and writing implements and in postage, telephone and bank charges and other miscellaneous items, are hereby specified. 2 The maximum recoverable amounts by a regional returning officer at a contested election are hereby specified as– a £500 in respect of the services specified in paragraph (1)(a) above; and b £400 in respect of the expenses specified in paragraph (1)(b) above. Uncontested elections - regional returning officers 4 Where the return of regional members at a general election is uncontested, the maximum recoverable amounts by a regional returning officer are hereby specified as– a £77.46 in respect of the services specified in paragraph (1)(a) of article 3 of this Order; and b £192.78 in respect of the expenses specified in paragraph (1)(b) of article 3 of this Order. Uncontested elections - constituency returning officers 5 1 Where the return of regional members at a general election is uncontested, or, as the case may be, the return of constituency members at a general election is uncontested, the maximum recoverable amounts by a constituency returning officer in respect of– a the services specified in Part A of the Schedule; and b the expenses specified in Part B of the Schedule, are hereby specified as the amounts set out in column 3 of those parts in respect of each entry set out opposite thereto in column 1 of those parts. 2 Where the return of constituency members at a by-election is uncontested, or, as the case may be, where at a general election both the return of regional members and the return of constituency members is uncontested, the maximum recoverable amounts by a constituency returning officer are hereby specified as– a £387.30 in respect of the services specified in Part A of the Schedule; and b £958.69 in respect of the expenses specified in Part B of the Schedule. Henry McLeish Minister of State, Scottish Office St Andrew’s House, Edinburgh 22nd March 1999 We consent to this Order Bob Ainsworth Jane Kennedy Two of the Lords Commissioners of Her Majesty’s Treasury 25th March 1999