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The European Parliamentary Elections (Northern Ireland) Regulations 2004
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- UK Statutory Instruments
- 2004 No. 1267
- PART 1
- Regulation 16
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Changes over time for: Section 16
Version Superseded: 27/03/2009
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- 30/04/2004- Amendment
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- 31/12/2020- Amendment
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Payments by and to returning officersN.I.
16.—(1) The returning officer shall be entitled to recover his charges in respect of services properly rendered, or expenses properly incurred, for or in connection with a European Parliamentary election if—
(a)the services or expenses are of a kind specified in an order made by the Secretary of State; and
(b)the charges are reasonable.
(2) In any order made under paragraph (1) the Secretary of State may specify a maximum recoverable amount for services or expenses of any specified description and, subject to paragraph (3), the returning officer may not recover more than that amount in respect of any such services or expenses.
(3) The Secretary of State may, in a particular case, authorise the payment of more than the specified maximum amount for any specified services or expenses if satisfied—
(a)that it was reasonable for the returning officer to render the services or incur the expenses; and
(b)that the charges in question are reasonable.
(4) Any order under paragraph (1) which specifies a maximum amount for services or expenses of a particular description may—
(a)provide for that amount to increase at prescribed dates, or after prescribed periods, by reference to such formula or other method of determination as may be specified in the order; and
(b)make such transitional provision in connection with any such increase as the Secretary of State considers appropriate.
(5) The power to make orders under paragraph (1) shall be exercised by statutory instrument and section 1 of the Statutory Instruments Act 1946M1 shall apply accordingly; 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.
(6) The amount of any charges recoverable in accordance with this regulation shall be paid by the Secretary of State on an account being submitted to him, but he may if he thinks fit before payment, apply for the account to be taxed under the provisions of regulation 17.
(7) On the returning officer’s request for an advance on account of his charges, the Secretary of State may, on such terms as he thinks fit, make such an advance.
(8) Regulations made by the Secretary of State may make provision as to the time when and the manner and form in which accounts are to be rendered to the Secretary of State for the purposes of the payment of the returning officer’s charges.
(9) Any exercise by the Secretary of State of his functions under paragraphs (1) and (2) shall require the consent of the Treasury.
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