Statutory Instrument 1998 No. 1286

The Northern Ireland Referendum (Counting Officer's Charges) Order 1998

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1998 No. 1286

NORTHERN IRELAND

The Northern Ireland Referendum (Counting Officer's Charges) Order 1998

	Made	20th May 1998
	Coming into force	21st May 1998

In exercise of the powers conferred upon me by section 29(3) and (4) of the Representation of the People Act 1983[1], as applied by article 6 of, and Schedule 2 to, the Northern Ireland Negotiations (Referendum) Order 1998[2], I hereby make the following Order: - 

    1.This Order may be cited as the Northern Ireland Referendum (Counting Officer's Charges) Order 1998 and shall come into force on the day after the day on which it is made.

    2. - (1) For the purposes of paragraph (a) of section 29(3) of the Representation of the People Act 1983, as applied by article 6 of, and Schedule 2 to, the Northern Ireland Negotiations (Referendum) Order 1998 (which provides that the counting officer is entitled to recover his charges in respect of services properly rendered or expenses properly incurred for or in connection with the referendum if the services or expenses are of a kind specified in an order made under that provision and the charges are reasonable), expenses of a kind described in paragraphs 1(1), 2(1), 3(1) and 4(1) of Part A of the Schedule to this Order (hereafter referred to as "expenses specified in Part A of the Schedule") and expenses of a kind described in Part B of the Schedule to this Order, are hereby specified.

    (2) The maximum recoverable amounts at the referendum in respect of the expenses specified in Part A of the Schedule are hereby specified as the amounts set out in the right-hand column of that Part in respect of each entry set out opposite thereto in the left-hand column of that Part.

    (3) In this Order - 

(a) the referendum means the referendum held under the Northern Ireland Negotiations (Referendum) Order 1998, and

(b) any reference to the register of electors is to the register of electors used at the referendum and to that register as first published.

Marjorie Mowlam
One of Her Majesty's Principal Secretaries of State

Northern Ireland Office
20th May 1998

SCHEDULE
EXPENSES IN RESPECT OF WHICH THE COUNTING OFFICER AT THE REFERENDUM MAY RECOVER HIS CHARGES



PART A
EXPENSES OF THE COUNTING OFFICER FOR WHICH MAXIMUM RECOVERABLE AMOUNTS ARE SPECIFIED

1. -      (1) This paragraph makes provision for the counting officer's expenses in respect of the payment of presiding officers at polling stations.     (2) Subject to sub-paragraph (3) below, the maximum recoverable amount for the expenses specified in sub-paragraph (1) above (including expenses incurred in respect of a person who takes over the duties of a presiding officer on polling day due to the incapacity of the previously appointed presiding officer) in respect of the presiding officer at each polling station is	£113.91.
(3) Where at a polling place there is more than one polling station, the maximum recoverable amount in respect of one only of the presiding officers at the polling stations at such a polling place is increased by	£6.94.
2. -      (1) This paragraph makes provision for the counting officer's expenses in respect of the payment of poll clerks at polling stations.     (2) The maximum recoverable amount for the expenses specified in sub-paragraph (1) above in respect of each poll clerk is	£72.03.
3. -      (1) This paragraph makes provision for the counting officer's expenses in respect of the payment of persons employed in connection with the preparation, revision and issue of the official poll cards.     (2) The maximum recoverable amount for the expenses specified in sub-paragraph (1) above is, for every 100 cards or fraction thereof,	£1.44.
4. -      (1) This paragraph makes provision for the counting officer's expenses in respect of the payment of persons employed in connection with the issue and receipt of postal ballot papers and any other clerical or other assistance for the purposes of the referendum.     (2) Subject to sub-paragraphs (3) and (4) below, the maximum recoverable amount for each constituency in Northern Ireland for the expenses specified in sub-paragraph (1) above is	£3,051.43.
(3) In a constituency where the number of entries in the register of electors exceeds 50,000, the maximum recoverable amount is increased, for every additional 1,000 entries or fraction thereof above 50,000, by	£45.78.
(4) The maximum recoverable amount is increased, for every 100 voters or fraction thereof entitled to vote by post in a constituency, by	£41.57.

PART B
EXPENSES OF THE COUNTING OFFICER FOR WHICH NO MAXIMUM RECOVERABLE AMOUNTS ARE SPECIFIED
    1.Travelling and overnight subsistence expenses of - 

(a) the counting officer;

(b) any verifying officer;

(c) any presiding officer or poll clerk; and

(d) any clerical or other assistants employed by the counting officer.

    2.Expenses in printing or otherwise producing the ballot papers.

    3.Expenses in printing or otherwise producing the official poll cards and in delivering them to the voters, excluding the expenses referred to in paragraph 3(1) of Part A of this Schedule.

    4.Expenses in printing or otherwise producing and, where appropriate, publishing notices and other documents required by law.

    5.Expenses in renting, heating, lighting and cleaning any building or room.

    6.Expenses in adapting any building or room and in restoring it to a fit condition for its normal use.

    7.Expenses in the provision of voting compartments and any other furniture necessary for polling stations.

    8.Expenses in the provision of ballot boxes and instruments to stamp on the ballot papers the official mark.

    9.Expenses in the conveyance to and from the polling stations of - 

(a) the ballot boxes and ballot papers, and

(b) the voting compartments, any other furniture necessary for polling stations and the instruments to stamp on the ballot papers the official mark.

    10.Expenses in respect of the payment of persons employed in connection with the verification of the ballot paper accounts and the count.

    11.Expenses in the provision of stationery and writing implements and in postage, telephone and bank charges and other miscellaneous items.

    12.Expenses in connection with the provision of security measures.

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EXPLANATORY NOTE

(This note is not part of the Order)

This Order provides for the charges of the Chief Electoral Officer for Northern Ireland in his capacity as the counting officer under the Northern Ireland Negotiations (Referendum) Order 1998 ("the 1998 Order").

Under section 29(3) of the Representation of the People Act 1983 (as substituted by the Representation of the People Act 1991 and applied by article 6 of, and Schedule 2 to, the 1998 Order), the entitlement of the counting officer to recover his charges in respect of his expenses for or in connection with the referendum depends upon - 

(a) the expenses being of a kind specified in an order under that provision,

(b) the expenses being properly incurred, and

(c) the charges in respect of them being reasonable.

Parts A and B of the Schedule specify the kinds of expenses incurred by the counting officer for or in connection with the referendum in respect of which he is entitled to recover his charges, together (in the case of Part A) with the maximum recoverable amounts in respect of those charges.

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Notes:

[1] 1983 c.2; section 29 has been amended by section 1 of the Representation of the People Act 1991 (c.11) and by the Transfer of Functions (Returning Officers' Charges) Order 1991 (S.I. 1991/1728) and the functions formerly conferred on the Treasury have been transferred to the Secretary of State by that Order.back

[2] S.I. 1998/1126.back

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ISBN 0 11 079078 2

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