Policy paper

UK Parliamentary elections: DLUHC indemnity

Updated 23 February 2024

This was published under the 2019 to 2022 Johnson Conservative government

Presented to Parliament by the Parliamentary Under Secretary of State for Local Government by Command of His Majesty

February 2024

Background

1. Returning Officers (“ROs”) for UK Parliamentary elections in England and Wales are appointed under section 24 of the Representation of the People Act 1983 (“RPA 1983”). The post is an honorary one, held by the Sheriff of a county or the Mayor or Chairman of a local council. However, in practice, under section 28 of the RPA 1983, the RO discharges functions through an Acting Returning Officer (“ARO”) who is usually a senior officer in the local authority.

2. In Scotland, under sections 25 and 41 of the RPA 1983, ROs for UK Parliamentary elections are appointed local authority officers.

3. ROs and AROs in Great Britain (are personally responsible for the conduct of the election in their area and therefore may be subject to claims relating to the conduct of an election for which they are acting.

4. The Department for Levelling Up, Housing and Communities (“DLUHC”) has agreed to provide an indemnity in respect of certain liabilities to which any RO or ARO may be subject as a result of carrying out duties in relation to the conduct of those UK Parliamentary elections for which he or she is responsible. Further information about the indemnity is set out below.

5. The indemnity will not cover the Chief Electoral Officer for Northern Ireland, for whom separate arrangements are made.

Indemnity

6. Subject to paragraphs 9 to 14, DLUHC agrees on demand to indemnify and to keep indemnified ROs and AROs from and against all and any losses, liability, damages, costs (including, but not limited to, reasonable legal costs), claims, proceedings and/or reasonable expenses which may be taken or made against or incurred by the RO or ARO in connection with a UK Parliamentary election, including by-elections, which arise in relation to the RO or ARO’s discharge of responsibilities as RO or ARO.

7. The indemnity shall cover (but not be limited to) an RO or ARO’s liabilities to the public, as an employer and/or in his or her professional role:

 a. in relation to any claim for personal injury or death where the cause of action in relation to the RO or ARO’s discharge of responsibilities as RO or ARO, and/or

 b. as a result of a challenge to the conduct of the election through an election petition.

8. There shall be no limit on the number of claims which an RO or ARO may make.

Exclusions

9. The indemnity shall not cover:

 a. any losses, liability, damages, costs, claims, proceedings or expenses which arise in whole or in part from any wrongful act or omission committed intentionally or recklessly by the RO or ARO;

 b. any claim to the extent that such claim relates to the acts or omissions of the RO or ARO in carrying out registration duties in relation to the election;

 c. any claim relating to the use of a motor vehicle where such use should have been covered by a valid insurance policy, but was not;

 d. any claim to the extent that such claim is covered by the terms of an existing insurance policy held by:

  (i) the RO or ARO, and/or

  (ii) a local authority,

 of which the RO or ARO is the beneficiary, and which covers the conduct of UK Parliamentary elections;

 e. any excess costs on such an insurance policy;

 f. any reduction, under section 29A of the RPA 1983, in the amount to which the RO or ARO is entitled for his/her services;

 g. any penalty imposed in relation to a criminal offence.

10. For the purposes of paragraph 9(d)(ii) above, an insurance policy does not include any self-insurance arrangements made by a local authority.

11. The indemnity shall apply only in relation to a UK Parliamentary election the poll for which takes place after the date of this document but on or before 2 May 2029.

12. It shall not cover any losses, liability, damages, costs, claims, proceedings or expenses whatsoever incurred in relation to the conduct of any other elections and/or referendums held whilst the indemnity is in force.

13. Where the poll at a UK Parliamentary election is combined with the poll at another election or referendum, any losses, liability, damages, costs, claims, proceedings or expenses incurred in relation to the combined polls (excluding anything solely attributable to one poll) shall be apportioned equally among the elections and referendums, and the indemnity shall cover only the portion for the UK Parliamentary election.

Conditions

14. The indemnity is subject to the following conditions:

 a. DLUHC will not be liable under the indemnity if there is in force an insurance policy the terms of which cover the losses, liability, damages or costs claimed;

 b. DLUHC must be notified before the RO or ARO makes any admission of liability, or settles any claim;

 c. the RO or ARO must use all reasonable efforts to mitigate any losses, liability, damages, costs which are, or are likely to be, the subject of the indemnity given in paragraph 6 and must ensure that any expenses incurred are incurred properly and reasonably; and

 d. the RO or ARO must notify DLUHC of any claims to which the indemnity applies, or is likely to apply, as soon as possible and in any event within 13 months after the day of the poll at the election to which the claim relates.

Duration of the indemnity

15.  The indemnity shall commence immediately on the date of this document but covers claims occurring before such commencement. It shall terminate automatically, without further notice, 13 months after the day of the poll for the last election to which it applies.

16. The indemnity, insofar as it applies to a particular RO or ARO, may be terminated early by DLUHC on 30 days’ written notice to that officer.

17. The indemnity will remain in force for claims occurring before any termination.

Date: 21 February 2024