Decision details

Approval for Returning Officer Fees and Charges

Decision Maker: Corporate Director - Resources, Director - Legal and Governance

Decision status: Recommendations Approved

Is Key decision?: No

Is subject to call in?: No

Decision:

To approve an increase in Returning Officer fees and charges from 5.3p per elector to an estimated 5.4p* per elector from April 2025 and agree that Returning Officer fees are increased annually in line with the percentage that is applied to the budget for the pay award across Wiltshire Council.

The Returning Officer (referred to as Counting Officer for referendums) is appointed by the local authority to conduct elections and referendums within the local authority area.

The Representation of the People Act 1983 makes provision for a scale of expenses to be fixed for the purpose of determining the Returning Officer’s expenditure. In cases where such a scale has been fixed, the scale must not be exceeded. The rate for this role has not changed since 2009 when Wiltshire became a unitary authority. The current rate is 5.3p per elector.

The existing scheme is outdated and does not consider pay awards over the last 15 years or inflation. Benchmarking against neighbouring authorities has demonstrated that Wiltshire’s Returning Officer fees are lower and not reflective of the size and scale of the elections the Returning Officer oversees in Wiltshire.

*the budgeted pay award in the MTFS for 2025/26 is 3%

Reasons for the decision:

The Returning Officer fee has not increased since 2009 when Wiltshire Council became a unitary authority.

It was reviewed in 2021 but no increase made.

Benchmarking against neighbouring authorities has shown they adopt increases in line with pay awards.

Wiltshire Council has moved to a pence per elector model of calculating the elector fee in line with neighbouring authorities to reduce administration time when calculating the Returning Officer fee when running elections.

This move has demonstrated the disparity in payment when benchmarked against neighbours who have payments of up to 10p per elector.

The payment of 5.3p per elector for the Returning Officer is outdated and does not factor in the geography of Wiltshire, the responsibility of the role or size of elections that take place.

I confirm that in making this decision I have considered the following in line with Wiltshire Council’s Constitution:

Key decision requirements: Yes

Views of relevant cabinet member(s), committee chairman, area board(s): Yes – discussion with both Cabinet Member and Leader of the Council. Decision taken in conjunction with the Leader of the Council to increase fees in line with pay award

Consultation with cabinet member(s), the Leader and Scrutiny (for Executive decisions taken under Emergency Powers): NA

Consultation in accordance with the council’s consultation guidance and the views emanating from that process: Yes

Implication of any council policy, initiative, strategy or procedure: Yes

Staffing, financial and legal implications: Yes

The assessment of any associated risks in accordance with the Council’s risk management strategy: Yes

Involvement of appropriate statutory officers and/or corporate directors and directors: Yes

Regional or national guidance from other bodies where relevant: Yes

The council’s constitution, including the Procurement and Contract Rules (Part 10) and the Financial Regulations and Procedure Rules (Part 9), all relevant guidance, legislation, codes of practice, and protocols: Yes

Alternative options considered:

Keep the Returning Officer fee at the 2009 rate. This was discounted as it was felt that an increase was appropriate in light of the responsibility associated with the role and the fact there has been no increase in payment for this role in 15 years.

Conflict of Interest: The Director of Legal and Governance carries out the role of Deputy Returning Officer at elections in Wiltshire and is one of the Deputy Electoral Registration Officers at the council. However, as this decision relates to the Returning Officer fee and has been taken in conjunction with the s151 officer and following consultation with the Leader of the Council there is no conflict of issue.

Background: As the S151 Officer and Monitoring Officer we are responsible for matters relating to finance and legal across Wiltshire on behalf of Wiltshire Council. Additionally, as Director of Legal and Governance, Perry Holmes holds the role of Deputy Electoral Registration Officer, supporting the Returning Officer to run efficient and legal elections in Wiltshire. It is not appropriate for the Returning Officer to make this decision given their conflict of interest. In the absence of anyone else to do so we will make the decision in consultation with the Leader of the Council.

Contact: Perry Holmes, Director - Legal and Governance (Monitoring Officer/SIRO) Email: perry.holmes@wiltshire.gov.uk Tel: 01225 713052.

Publication date: 23/06/2025

Date of decision: 17/04/2025

Accompanying Documents: