Commentary on Sections Part 2: Administration and Conduct of Elections etc Section 18: Inadequate performance of returning officers: reduction of charges
69.Section 18 inserts new section 29A into the Representation of the People Act 1983 after section 29 (payments by and to a returning officer). Section 29A allows for the Secretary of State, upon a recommendation by the Electoral Commission (“the Commission”), to withhold or reduce a returning officer’s fee for reasons of poor performance.
70.Under subsection (2) of new section 29A, the Commission may make a recommendation to the Secretary of State that the returning officer’s fee should be reduced or withheld where the Commission thinks the returning officer’s performance has been inadequate.
71.Subsection (3) of new section 29A sets out the factors to which the Commission must have regard when making a recommendation for a returning officer’s fee to be reduced, which include in particular any report on the administration of the election concerned (under section 5 of the Political Parties, Elections and Referendums Act 2000) (“PPERA”), or any assessment against the performance standards of the service provided by the returning officer in that election (under section 9B(4) (performance standards) of PPERA).
72.Subsection (4) of new section 29A provides that the Secretary of State must determine the final amount which the returning officer is paid for his services at a UK Parliamentary election, having regard to any recommendation made.
73.Section 29 has been prospectively amended to transfer certain powers in relation to returning officers’ charges to the Commission. Subsection (3) of section 18 amends those provisions to take account of new section 29A.