Representation of the People Act 1983

Changes over time for: Section 29

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Representation of the People Act 1983, Section 29 is up to date with all changes known to be in force on or before 28 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

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Changes and effects yet to be applied to Section 29:

s. 29(3)-(6) substituted by 2006 c. 22 Sch. 1 para. 107(2)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Act Representation of the People Acts amended by 1985 c. 50 Sch. 1 para. 24
Act power to amend conferred by 2009 c. 12 s. 34(3)(b) (This amendment not applied to legislation.gov.uk. Ss. 30-34 repealed (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 24(b) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l))
Blanket amendment words substituted by S.I. 2011/1043 art. 3 4

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 9(2A) inserted by 2021 asc 1 s. 18(2)
s. 9E(1A) inserted by 2021 asc 1 s. 18(4)
s. 9ZA inserted by 2021 asc 1 s. 18(3)
s. 10(4C) (4D) inserted by 2009 c. 12 s. 33(3)(e) (This amendment not applied to legislation.gov.uk. Ss. 30-34 repealed (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 24(b) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l))
s. 10A(1C) (1D) inserted by 2009 c. 12 s. 33(5)(d) (This amendment not applied to legislation.gov.uk. Ss. 30-34 repealed (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 24(b) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l))
s. 10ZE(2A) inserted by 2021 asc 1 s. 18(5)(a)
s. 10ZE(4A) inserted by 2021 asc 1 s. 18(5)(c)
s. 10ZE(5A)-(5C) inserted by 2021 asc 1 s. 18(5)(d)
s. 13A(1)(zc) inserted by 2021 asc 1 s. 18(6)
s. 13A(2C) (2D) inserted by 2009 c. 12 s. 33(6)(d) (This amendment not applied to legislation.gov.uk. Ss. 30-34 repealed (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 24(b) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l))
s. 16(1)(e) words substituted by 2022 c. 37 Sch. 8 para. 1(5)
s. 16(1)(e) words substituted by 2022 c. 37 Sch. 8 para. 1(6)
s. 49(5)(b)(iiia) inserted by 2022 c. 37 Sch. 8 para. 1(8)(a)
s. 56(1)(azaa) inserted by 2021 asc 1 s. 18(9)
s. 62C applied (with modifications) by S.I. 2012/2031, Sch. 4 Pt. 1 Table 1 (as amended) by S.I. 2023/1141 reg. 7(2)(a)
s. 62C applied (with modifications) by S.I. 2012/2031, Sch. 8 Table 1 (as amended) by S.I. 2023/1141 reg. 7(3)(a)
s. 62C applied (with modifications) by S.I. 2012/323, Sch. 4 Table 1 (as amended) by S.I. 2023/1141 reg. 5(a)
s. 62C applied (with modifications) by S.I. 2012/444, Sch. 4 Table 1 (as amended) by S.I. 2023/1141 reg. 6(a)
s. 62C inserted by 2023 c. 12 s. 1
s. 63(3)(ba) inserted by 2006 c. 22 s. 7 (This amendment not applied to legislation.gov.uk. S. 7 repealed (2.4.2013) without ever being in force by 2013 c. 6, s. 23; S.I. 2013/702, art. 3(e))
s. 81(4A) (4B) inserted by 2006 asp 14 s. 19(2)
s. 113(7)(b)(c) inserted by 2011 c. 1 Sch. 10 para. 15(b) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
s. 114(4) inserted by 2011 c. 1 Sch. 10 para. 16 (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
s. 115(3) inserted by 2011 c. 1 Sch. 10 para. 17 (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
s. 139(6A) inserted by 2011 c. 1 Sch. 10 para. 19(2) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
s. 165(3A) inserted by 2011 c. 1 Sch. 10 para. 20 (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
s. 201(2B) inserted by 2009 c. 12 s. 33(9) (This amendment not applied to legislation.gov.uk. Ss. 30-34 repealed (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 24(b) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l))
s. 203A applied (with modifications) by S.I. 2001/2599, Sch. 1 table (as amended) by 2022 c. 37 Sch. 8 para. 11(3)
s. 203A 203B applied by 1989 c. 3, Sch. 1 Pt. 1 (as amended) by 2022 c. 37 Sch. 8 para. 9(4)
s. 203B applied (with modifications) by S.I. 2001/2599, Sch. 1 table (as amended) by 2022 c. 37 Sch. 8 para. 11(3)
Sch. 1 rule 37A inserted by 2011 c. 1 s. 9(1) (This amendment not applied to legislation.gov.uk. S. 9 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(a))
Sch. 1 rule 45A 45B inserted by 2011 c. 1 s. 9(2) (This amendment not applied to legislation.gov.uk. S. 9 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(a))
Sch. 1 rule 46(3) inserted by 2011 c. 1 Sch. 10 para. 5(3) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
Sch. 1 rule 47(3A)(3B) inserted by 2011 c. 1 Sch. 10 para. 6(4) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
Sch. 1 rule 40(1B)(a) repealed by 2006 c. 22 Sch. 2
Sch. 1 rule 18 substituted by 2011 c. 1 Sch. 10 para. 2 (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
Sch. 1 rule 47(4)(d) substituted by 2011 c. 1 Sch. 10 para. 6(5)(b) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
Sch. 1 rule 61(2)(c) substituted by 2011 c. 1 Sch. 10 para. 10(3) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
Sch. 1 rule 62 substituted by 2011 c. 1 Sch. 10 para. 11(1) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
Sch. 1 rule 47(1)(aa)(b) substituted for Sch. 1 rule 47(1)(b) by 2011 c. 1 Sch. 10 para. 6(2)(a) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
Sch. 1 rule 47(2)-(2E) substituted for Sch. 1 rule 47(2) by 2011 c. 1 Sch. 10 para. 6(3) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
Sch. 1 rule 47(4)(aa)(b) substituted for Sch. 1 rule 47(4)(b) by 2011 c. 1 Sch. 10 para. 6(5)(a) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
Sch. 1 rule 49 49A substituted for Sch. 1 rule 49 by 2011 c. 1 Sch. 10 para. 7 (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
Sch. 1 rule 50(1)(a)(aa)(ab)(b)(c) substituted for Sch. 1 rule 50(1)(a)-(c) by 2011 c. 1 Sch. 10 para. 8 (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
Sch. 1 rule 61(2)(a)(aa) substituted for Sch. 1 rule 61(2)(a) by 2011 c. 1 Sch. 10 para. 10(2) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
Sch. 1 rule 46(1)(1A) substituted for rule 46(1) by 2011 c. 1 Sch. 10 para. 5(1) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
Sch. 1 rule 46(2) words inserted by 2011 c. 1 Sch. 10 para. 5(2) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
Sch. 1 rule 47 heading words inserted by 2011 c. 1 Sch. 10 para. 6(1) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
Sch. 1 rule 29(5) words substituted by 2011 c. 1 Sch. 10 para. 3 (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
Sch. 1 rule 44(5) words substituted by 2011 c. 1 Sch. 10 para. 4 (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
Sch. 1 rule 47(1) words substituted by 2011 c. 1 Sch. 10 para. 6(2)(c) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
Sch. 1 rule 47(1)(d) words substituted by 2011 c. 1 Sch. 10 para. 6(2)(b) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
Sch. 1 rule 53(4) words substituted by 2011 c. 1 Sch. 10 para. 9 (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
Sch. 1 rule 61(1) words substituted by 2011 c. 1 Sch. 10 para. 10(1) (This amendment not applied to legislation.gov.uk. Sch. 10 repealed (8.7.2011) without ever being in force by S.I. 2011/1702, arts. 1, 2(b))
Sch. 2 para. 1(4ZA)-(4ZC) inserted by 2009 c. 12 s. 33(10)(a) (This amendment not applied to legislation.gov.uk. Ss. 30-34 repealed (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 24(b) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l))
Sch. 2 para. 1(6A) inserted by 2009 c. 12 s. 33(10)(e) (This amendment not applied to legislation.gov.uk. Ss. 30-34 repealed (10.6.2014 for E.W., 15.9.2014 for N.I., 19.9.2014 for S.) by Electoral Registration and Administration Act 2013 (c. 6), s. 27(1), Sch. 4 para. 24(b) (with Sch. 5); S.I. 2014/414, art. 5(m); S.I. 2014/2439, art. 2(l))
Sch. 2 para. 5C inserted by 2022 c. 37 Sch. 4 para. 5
Sch. 6A applied (with modifications) by S.I. 2001/2599, Sch. 1 table (as inserted) by 2022 c. 37 Sch. 8 para. 11(4)
Sch. 6A applied by 1989 c. 3, Sch. 1 Pt. 1 (as amended) by 2022 c. 37 Sch. 8 para. 9(4)

29 Payments by and to returning officer. U.K.

(1)No consideration shall be given by or to a returning officer for the making out, receipt, delivery or return of the writ for a parliamentary election or, subject to the following provisions of this section, otherwise in connection with its execution.

(2)Nothing in subsection (1) above shall be taken as applying to any inclusive salary payable to a returning officer in respect of the office by virtue of which he becomes returning officer.

[F1(3)[F2Subject to section 29A,] a returning officer shall be entitled to recover his charges in respect of services rendered, or expenses incurred, for or in connection with a parliamentary election if—

(a)the services were necessarily rendered, or the expenses were necessarily incurred, for the efficient and effective conduct of the election; and

(b)the total of his charges does not exceed the amount (“the overall maximum recoverable amount”) specified in, or determined in accordance with, an order made by the Secretary of State for the purposes of this subsection.

(3A)An order under subsection (3) may specify, or make provision for determining in accordance with the order, a maximum recoverable amount for services or expenses of any specified description and, subject to subsection (3B) below, the returning officer may not recover more than that amount in respect of any such services or expenses.

(3B)The Secretary of State may, in a particular case, authorise the payment of—

(a)more than the overall maximum recoverable amount, or

(b)more than the specified maximum recoverable amount for any specified services or expenses,

if he is satisfied that the conditions in subsection (3C) are met.

(3C)The conditions referred to in subsection (3B) are—

(a)that it was reasonable for the returning officer concerned to render the services or incur the expenses, and

(b)that the charges in question are reasonable.]

(4C)The power to make orders under subsection (3) above shall be exercised by statutory instrument[F3; and any such order may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit.].

(5)The amount of any [F4charges recoverable in accordance with this section] shall be charged on and paid out of the Consolidated Fund on an account being submitted to the Treasury, but the Treasury may if they think fit, before payment, apply for the account to be taxed under the provisions of section 30 below.

(6)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 section as part of a returning officer’s charges at a parliamentary election, then on an account being submitted to the Treasury a sum equal to the increase shall be charged on and paid out of the Consolidated Fund to the authority.

(7)On the returning officer’s request for an advance on account of his charges, the Treasury may, on such terms as they think fit, make such an advance.

(8)The Treasury may make regulations as to the time when and the manner and form in which accounts are to be rendered to them for the purposes of the payment of a returning officer’s charges.

[F5(9)If the functions of the Treasury under [F6subsection (3)] above are transferred to another Minister of the Crown (as defined in section 8(1) of the M1Ministers of the Crown Act 1975) by an order under that Act, this section shall have effect as if it required the consent of the Treasury to the exercise of any such function.]

Textual Amendments

F1S. 29(3)-(3C) substituted for (1.1.2007 for E.W., 1.7.2008 for N.I., 10.2.2010 for S.) by Electoral Administration Act 2006 (c. 22), s. 68(2)(4), 77(2); S.I. 2006/3412, art. 3, Sch. 1 para. 15(b) (with Sch. 2 para. 1); S.I. 2008/1316, arts. 2(2), 4(w); S.I. 2010/275, art. 3 (with art. 4)

F2Words in s. 29(3) inserted (6.4.2014) by Electoral Registration and Administration Act 2013 (c. 6), ss. 18(1), 27(1); S.I. 2014/414, art. 3(c) (with art. 4)

F3Words in s. 29(4C) added (29.1.2001 for certain purposes and otherwiseprosp.) by 2000 c. 2, ss. 15(1), 17(3), Sch. 6 para. 4; S.I. 2001/116, art. 2(1) (with art. 2(4))

F4Words in s. 29(5) substituted (22.7.1991) by Representation of the People Act 1991 (c. 11, SIF 42), s. 1(3); S.I. 1991/1634, art. 2

F5S. 29(9) inserted (22.7.1991) by Representation of the People Act 1991 (c. 11, SIF 42), s. 1(4); S.I. 1991/1634, art. 2.

F6Words in s. 29(9) substituted (1.1.2007 for E.W., 1.7.2008 for N.I., 10.2.2010 for S.) by Electoral Administration Act 2006 (c. 22), s. 68(3)(4), 77(2); S.I. 2006/3412, art. 3, Sch. 1 para. 15(b) (with Sch. 2 para. 1); S.I. 2008/1316, arts. 2(2), 4(w); S.I. 2010/275, art. 3 (with art. 4)

Modifications etc. (not altering text)

C1S. 29 applied (with modifications) (N.I.) by S.I. 1986/2250, regs. 2, 3, 5, Sch. 1 Pt. I

C2S. 29 applied (with modifications) (E.W.S.) by S.I. 1986/2209, regs. 2, 3, 5(1)(6)–(8), Sch. 1 Pt. I

C3S. 29 modified (S.) by S.I. 1986/1111, regs. 2, 97(1)

C4S. 29 modified (E.W.) by S.I. 1986/1081, regs. 2, 99(1) (which S.I. was revoked (23.3.2004) by S.I. 2004/294, reg. 3)

C5S. 29 applied (with modifications) (11.3.1999) by S.I. 1999/787, arts. 13(5), 18, Sch. 5 Pt. I para. 3

S. 29 applied (with modifications) (11.3.1999) by S.I. 1999/787, arts. 13(5), 18, Sch. 5 Pt. I para. 3

C6S. 29 applied (with modifications) (1.8.2001) by S.I. 2001/2599, art. 3, Sch. 1 (as substituted (10.2.2009) by S.I. 2009/256, arts. 1(2), 3, Sch. 1)

C7S. 29 applied (with modifications) (30.12.2010 except for specified purposes) by The Scottish Parliament (Elections etc.) Order 2010 (S.I. 2010/2999), arts. 1(1), 18, Sch. 5 para. 3(1)(a)(3) (with art. 1(2)(3)) (as amended (1.7.2015) by S.I. 2015/683, arts. 1, 5 (with arts. 3-9))

C8S. 29(3)(4)(4A)(4B)(5)(7)(8) modified (E.W.) (23.3.2004) by The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 (S.I. 2004/294), reg. 6(1)(a)(3)

C9S. 29(3)-(9) applied (with modifications) (16.2.2011) by Parliamentary Voting System and Constituencies Act 2011 (c. 1), s. 19(1), Sch. 7 para. 4(1)

C10S. 29(5)(7)(8) modified (S.) by S.I. 1986/1111, regs.2, 97(1).

C11S. 29(5)(7)(8) modified (E.W.) by S.I. 1986/1081, regs.2, 99(1) (which S.I. was revoked (23.3.2004) by S.I. 2004/294, reg. 3)

Marginal Citations

M11975 c.26.

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