S.I. No. 53/1998: REFERENDUM ACT, 1998.

REFERENDUM COMMISSION (ESTABLISHMENT) ORDER, 1998.

The Minister for the Environment and Local Government, in exercise of the power conferred on him by section 2 of the Referendum Act, 1998 (No. 1 of 1998), hereby orders as follows:

1. This order may be cited as the Referendum Commission (Establishment) Order, 1998.

2. A Referendum Commission is hereby established to undertake the functions assigned to it by the Referendum Act, 1998.

3. The date hereof the making of this order is hereby appointed as the day for the purposes of section 2(5).

GIVEN under the Official Seal of the Minister for the Environment and Local Government, this 2nd day of March, 1998.

NOEL DEMPSEY,

Minister for the Environment and Local Government.

EXPLANATORY NOTE.

This order establishes a referendum commission to prepare and distribute to the electorate, statements for and against the 18th Amendment to the Constitution, and to foster, promote and facilitate debate on the proposal.

 

 

 

S.I. No. 103 of 1998. REFERENDUM ACT, 1994

S.I. No. 103/1998: REFERENDUM (BALLOT PAPER) ORDER, 1998.

The Minister for the Environment and Local Government, in exercise of the powers conferred on him by section 24 of the Referendum Act, 1994 (No. 12 of 1994), hereby makes the following order, a draft of which has been approved by a resolution passed by each House of the Oireachtas:

1. This order may be cited as the Referendum (Ballot Paper) Order, 1998.

2. "CONRADH AMSTARDAM— TREATY OF AMSTERDAM" shall be included at the beginning of the front of the ballot paper to be used at the referendum on the Eighteenth Amendment of the Constitution Bill, 1998.

GIVEN under the Official Seal of the Minister for the Environment and Local Government, this 8th day of April, 1998.

NOEL DEMPSEY,

Minister for the Environment and Local Government.

EXPLANATORY NOTE.

This order allows for the wording "CONRADH AMSTARDAM — TREATY OF AMSTERDAM" to be included at the beginning of the ballot paper to be used at the referendum on the Eighteenth Amendment of the Constitution Bill, 1998.

 

 

S.I. No. 113 of 1998. REFERENDUM ACT, 1998

S.I. No. 113/1998: REFERENDUM COMMISSION (ESTABLISHMENT) (NO. 2) ORDER, 1998.

The Minister for the Environment and Local Government, in exercise of the power conferred on him by section 2 of the Referendum Act, 1998 (No. 1 of 1998), hereby orders as follows:

1. This order may be cited as the Referendum Commission (Establishment) (No. 2) Order, 1998.

2. A Referendum Commission is hereby established to undertake the functions assigned to it by the Referendum Act, 1998 in relation to the proposal for the amendment of the Constitution contained in the Nineteenth Amendment of the Constitution Bill, 1998.

3. The date hereof the making of this order is hereby appointed as the day for the purposes of section 2(5).

GIVEN under the Official Seal of the Minister for the Environment and Local Government, this 22nd day of April, 1998.

NOEL DEMPSEY,

Minister for the Environment and Local Government.

EXPLANATORY NOTE.

This order establishes a referendum commission to prepare and distribute to the electorate, statements for and against the 19th Amendment to the Constitution, and to foster, promote and facilitate debate on the proposal.

 

 

S.I. No. 122 of 1998.

REFERENDUM ACT, 1994

S.I. No. 122/1998: REFERENDUM (SPECIAL DIFFICULTY) ORDER, 1998.

The Minister for the Environment and Local Government, in exercise of the powers conferred on him by section 164(1) of the Electoral Act, 1992 hereby orders as follows:

1. This order may be cited as the Referendum (Special Difficulty) Order, 1998.

2. In this order—

"the Act of 1992" means the Electoral Act, 1992;

"the referenda" means the referenda to be held on the proposals for the amendment of the Constitution contained in the Eighteenth Amendment of the Constitution Bill, 1998 and in the Nineteenth Amendment of the Constitution Bill, 1998.

3. For the purposes of the referenda on the proposals contained in the Eighteenth Amendment of the Constitution Bill, 1998 and in the Nineteenth Amendment of the Constitution Bill, 1998 the polls at which are to be taken on the 22nd day of May, 1998, section 23(1) of the Referendum Act, 1994 shall have effect as if there were inserted after paragraph (a) thereof the following paragraph:

"(aa) Notwithstanding paragraph (a), where by reason of the extent of the matters proposed for amendment in the referenda it would not be practical or possible to include the same as provided in that paragraph in a polling information card, the statements in relation to the proposals the subject of the referenda may be supplied in a separate document and such document shall include the notice set out in the Table to this paragraph and shall for the purposes of subsections (2), (3) and (4) of section 92 of the Act of 1992 (as applied by section 32 of the Referendum Act, 1994) be deemed to be a polling information card.

Table

EIGHTEENTH AMENDMENT OF THE CONSTITUTION BILL, 1998

NINETEENTH AMENDMENT OF THE CONSTITUTION BILL, 1998

Statements for the information of voters pursuant to section 23 of the Referendum Act, 1994, in relation to the proposals to amend Article 29 of the Constitution, which are contained in the Eighteenth Amendment of the Constitution Bill, 1998 and in the Nineteenth Amendment of the Constitution Bill, 1998 and are the subject of constitutional referenda on 22 May, 1998.

Local Returning Officer.

GIVEN under the Official Seal of the Minister for the Environment and Local Government, this 23rd day of April, 1998.

NOEL DEMPSEY,

Minister for the Environment and Local Government.

EXPLANATORY NOTE.

This order provides for the sending of a copy of the statements for the information of voters relating to the proposals for the amendment of the Constitution contained in the Eighteenth Amendment of the Constitution Bill, 1998 and in the Nineteenth Amendment of the Constitution Bill, 1998 to electors separately from the polling information card.

 

 

S.I. No. 394 of 1997.

S.I. No. 394/1997: THE PRESIDENTIAL ELECTION AND REFERENDUM REGULATIONS, 1997

The Minister for the Environment and Local Government, in exercise of the powers conferred on him by section 165 of the Electoral Act; 1992 (No. 23 of 1992), in order to give effect to the said section 165 in relation to the polls to be taken at the Presidential election and the referendum hereby makes the following Regulations: .

1 Citation

1. These Regulations may be cited as the Presidential Election and Referendum Regulations, 1997.

2 Interpretation

2. (1) In these Regulations -

"the Act of 1992" means the Electoral Act, 1992;

"the Act of 19'93" means the Presidential Elections Act, 1993 (No. 28 of 19'93);

"the Act of 1994" means the Referendum Act, 1994 (No. 12 of 1994);

"presidential election" means the extraordinary presidential election rendered necessary by the vacancy in the office of President, the poll at .which is to be taken on the 30th day of October, 1997;

"referendum" means the referendum on, the Seventeenth Amendment of the Constitution to be held on the 30" day of October, 1997.

(2) References in these Regulations to a local returning officer shall be construed as including references to a deputy or acting local returning officer.

 

]3 Application of Regulations

3. (1) Subject to sub-article (2) of this article, these 'Regulations shall have effect in relation to the presidential election and the referendum.

(2) Where in the circumstances referred to in section 31 of the act of 1993, the poll at the presidential election is not taken or completed on the polling day appointed under section 6 of the said Act, these Regulations shall not apply in relation to the fresh election to be held under the said section 31.

 

4 Polling Information Cards

4. A polling information card shall not be sent under section 92 of the Act of 1992 (as applied to a presidential election by section 39 of the act of 1993) to an elector to whom a polling card is to be sent under the said section 92 of the said Act of 1992 (as applied to a referendum by section 32 of the . Act of 1994).

 

5 Special voting

5. (1) The same person shall be appointed as special presiding officer for the presidential election and the referendum for the purposes of Part IV of the Act of 1992 (as applied to a presidential election by section 41 of the act of 1993 and as applied to a referendum by section 29 of the Act of 1994) and the functions of the said special presiding officer under the said Part IV of the Act of 1992 as so applied shall be performed by him or her at the same time in respect of the presidential election and the referendum.

(2) Where the ballot papers and related documents referred to in section 81 of the Act of, 1992 (as applied to a presidential election by section 41 of the act of 1993 and as applied to a referendum by section 29 of the Act of 1994) in relation to the presidential election and to the referendum are delivered to special voters under section 82 of the said Act of 1992 as so applied:

( a ) a single declaration of, identity shall be completed by the special voter;

( b ) the completed ballot papers for each poll shall be put in a single ballot paper envelope by the elector; and

( c ) the special presiding officer shall place the ballot paper envelope and the completed declaration of identity in a single covering envelope which he or she shall seal and to which he or she shall affix a label in the prescribed form signed by the special presiding officer and the member of the Garda Síochána.

 

6 Postal Voting

6. (1) Where ballot papers and related documents are to be sent to a postal voter both under section 68 of the Act of 1992 (as applied to a presidential election by section 40 of the act of 1993) and under the said section 68 (as applied to a . referendum by section 28 of the Act of 1994):

( a ) the ballot papers and documents shall be enclosed in a single covering envelope addressed to the postal voter;

( b ) a single covering envelope addressed to the local returning officer shall be provided for the return of the documents by the postal voter; and

( c ) a single form of receipt or declaration of identity, as may be appropriate, and a single ballot paper envelope shall be sent to each postal voter.

 

7 Provisions relating to taking of poll

7. The following provisions shall have effect in relation to the taking of the polls in a polling station:

( a ) the same person shall be appointed to be the presiding officer at each poll;

( b ) the same copy of the register of electors shall be used for each poll and, where appropriate, the register shall be marked to indicate the poll or polls in respect of which a ballot . paper is delivered to each elector.

 

8 Modification of the Act of 1992

8. (1) In relation to the presidential election and the referendum:'

( a ) section 15A(4) and 15B(4)' shall have effect as if "30"' day of September, 1997" was substituted for "date of the order appointing polling day"; and

( b ) sections 15A(5) and 15B(5) shall have effect as if "30'" day of September, 1997" was substituted for "date on which the order appointing polling day." and "is made" was deleted.

(2) Part XVIII of the Act of 1992 (as applied to a referendum by section 33 of the Act of 1994) shall have effect in relation to the referendum as if "shall as soon as practicable" was substituted for "then" in section 114(3) and "forthwith" was deleted from the said section.

GIVEN under the Official Seal of the Minister for the Environment and

 Local Government this 30th day of September, 1997.

NOEL DEPMSEY________________________

Minister for the Environment and Local Government.

EXPLANATORY NOTE

These regulations make certain provisions in relation to the presidential election and the referendum on the Seventeenth Amendment of the Constitution (No. 2) Bill, 1997 in order to facilitate the taking of the polls on the same day.

 

 

 

S.I. No. 345 of 1996.

S.I. No. 345/1996: REFERENDUM (SPECIAL DIFFICULTY) ORDER, 1996.

I, Michael D. Higgins, Minister for Arts, Culture and the Gaeltacht being the member of the Government nominated pursuant to section 7(1) of the Ministers and Secretaries (Amendment) Act, 1939, to execute the office of the Minister for the Environment as provided by An tOrdú um an Aire Comhsaoil (Gníomhaireacht) 1996, hereby, in exercise of the powers conferred on the said Minister for the Environment by section 164(1) of the Electoral Act, 1992, order as follows:

1. This Order may be cited as the Referendum (Special Difficulty) Order, 1996.

2. In this Order "the Referendum" means the referendum to be held on the proposal for the amendment of the Constitution contained in the Sixteenth Amendment of the Constitution Bill, 1996.

3. Notwithstanding the Referendum Act, 1994, and section 85 of the Electoral Act, 1992 (as applied by section 30 of the Referendum Act, 1994) the taking of the poll at the referendum in the islands situate in the constituency of Galway West set out in the Schedule to this Order shall be continued on the 28th of November, 1996 between the hours of 9.00 a.m. and 9.00 p.m.

 

Schedule

Inis Mhór, Inish Meán, Inish Thiar, Inisturc, Inishboffin.

 

GIVEN under the Official Seal of the Minister for the Environment this 27th day of November, 1996.

MICHAEL D. HIGGINS

____________________________

Minister for the Environment.

 

Explanatory Note

This Order provides for the continuation of the poll on certain islands on a day subsequent to the original polling day.

 

 

 

S.I. No. 128 of 1992.

S.I. No. 128/1992: REFERENDUM (SPECIAL DIFFICULTY) ORDER, 1992.

Whereas it appears to him that, by reason of the interruption of normal postal services, there is a special difficulty in relation to the holding of the referendum on the purposal for the amendment of the Constitution contained in the Eleventh Amendment of the Constitution Bill, 1992, the Minister for the Environment, in exercise of the powers conferred on him by section 92 of the Electoral Act, 1963 (No. 19 of 1963), hereby orders as follows:

1. This Order may be cited as the Referendum (Special Difficulty) Order, 1992.

2. In this Order—

"referendum returning officer" means the person appointed by the Minister for the Environment under section 6 of the Referendum Act, 1942 (No. 8 of 1942), to be the referendum returning officer at the referendum on the proposal for the amendment of the Constitution contained in the Eleventh Amendment of the Constitution Bill, 1992;

"local returning officer" has the same meaning as in the Referendum Acts, 1942 to 1992;

"postal voter" means a person entitled to vote by post at a referendum;

"the Referendum" means the referendum to be held on the proposal for the amendment of the Constitution contained in the Eleventh Amendment of the Constitution Bill, 1992;

"special voter" means a presidential elector whose name is on the special voters list.

3. (1) The ballot papers and the forms of receipt to be sent to postal voters shall be sent to them by post or in such other manner as the local returning officer considers appropriate.

(2) A postal voter may deliver or send his ballot paper by post or in any other manner to the local returning officer and a postal ballot paper which is received by the local returning officer before the close of the poll shall not be rejected solely on the grounds that it was not sent to the local returning officer by post.

(3) The local returning officer shall send to each postal voter a notification that the ballot paper may be delivered or sent to the local returning officer by post or in any other manner.

(4) Notwithstanding the provisions of paragraph (c) of section 1 of the Referendum (Amendment) Act, 1992, copies of the statements referred to in paragraph (a) of the said section 1 may be delivered or sent to special voters by post or in such other manner as the local returning officer considers appropriate and shall be so delivered or sent as to reach the special voters not later than the time of the delivery to them of the documents referred to in section 10 (1) of the Electoral (Amendment) (No. 2) Act, 1986 (No. 35 of 1986).

(5) The local returning officer, instead of sending a polling card to each elector, may take such steps as he considers appropriate for the purpose of informing electors of the polling day and of the place at which each elector will be entitled to vote.

(6) The referendum returning officer may take such steps as he considers appropriate for the purpose of informing voters of the proposal which is the subject of the Referendum and, in particular and without prejudice to the generality of this sub-article, he may cause to be published in such manner as he considers appropriate the statements set out in the Appendix to section 1 of the Referendum (Amendment) Act, 1992.

(7) The referendum returning officer may take such steps as he considers appropriate for the purpose of informing voters of the provisions of section 20 of the Electoral (Amendment) (No. 2) Act, 1986.

4. The provisions of the Referendum Acts, 1942 to 1992, and of the Regulations made thereunder as respects the matters referred to in Article 3 are hereby accordingly adapted and modified in relation to the Referendum to the extent necessary to give effect to the provisions of the said Article 3.

GIVEN under the Official Seal of the Minister for the Environment this

27th day of May, 1992.

MICHAEL SMITH,

Minister for the Environment.

EXPLANATORY NOTE.

This Order makes provision in respect of certain difficulties which have arisen, by reason of the interruption of normal postal services in relation to the holding of the Referendum on the Eleventh Amendment of the Constitution Bill, 1992.

 

 

S.I. No. 340 of 1992.

S.I. No. 340/1992: THE DÁIL ELECTION AND REFERENDA REGULATIONS, 1992.

The Minister for the Environment, in exercise of the powers conferred on him by section 91 of the Electoral Act, 1963 (No. 19 of 1963), as amended by section 21 of the European Assembly Elections Act, 1977 (No. 30 of 1977), and section 2 of the Electoral (Amendment) Act, 1989 (No. 8 of 1989) in order to give effect to the said section 91 in relation to the polls to be taken at the Dáil election and the referenda hereby makes the following Regulations:

 

1 Citation.

1. These Regulations may be cited as the Dáil Election and Referenda Regulations, 1992.

 

2 Interpretation.

2. (1) In these Regulations—

"the Act of 1923" means the Electoral Act, 1923 (No. 12 of 1923);

"the Act of 1942" means the Referendum Act, 1942 (No. 8 of 1942);

"the Act of 1960" means the Electoral Act, 1960 (No. 43 of 1960);

"the Act of 1963" means the Electoral Act, 1963;

"the Act of 1986" means the Electoral (Amendment) Act, 1986 (No. 12 of 1986);

"the No. 2 Act of 1986" means the Electoral (Amendment) (No. 2) Act, 1986 (No. 35 of 1986);

"Dáil election" means the general election for members of the Dáil to be held as a consequence of the proclamation issued on the 5th day of November, 1992 dissolving Dáil Éireann, the poll at which is to be taken on the 25th day of November, 1992;

"the Dáil returning officer" means the person who, pursuant to section 11 of the Act of 1963, as amended by section 1 of the Act of 1986, is the returning officer for the Dáil constituency;

"referenda" means the referenda on the Twelfth, Thirteenth and Fourteenth Amendments of the Constitution to be held on the 25th day of November, 1992 and "referendum" shall be construed as referring to a referendum on any of the said amendments.

(2) References in these Regulations to a returning officer shall be construed as including references to a deputy or acting returning officer.

 

3 Application of Regulations.

3. (1) Subject to subarticle (2) of this article, these Regulations shall have effect in relation to the Dáil election and the referenda.

(2) Where in the circumstances referred to in section 32 of the Act of 1963, the poll at the Dáil election is not taken or completed on the polling day appointed under section 24 of the said Act, these Regulations shall not apply in relation to the fresh election to be held under the said section 32.

 

4 Polling Cards.

4. A polling card shall not be sent under section 23 of the Act of 1963 to an elector to whom a polling card is to be sent under section 64 of the said Act.

 

5 Special Voting.

5. (1) The same person shall be appointed as special presiding officer for the Dáil election and the referenda for the purposes of the No. 2 Act of 1986, and the functions of the said special presiding officer under that Act shall be performed by him at the same time in respect of the Dáil election and each referendum.

(2) Where the ballot papers and related documents referred to in section 10 of the No. 2 Act of 1986 in relation to the Dáil election and to the referenda are delivered to the special voters under section 11 of the said No. 2 Act of 1986:

( a ) a single declaration of identity shall be completed by the special voter;

( b ) the completed ballot papers for each poll shall be put in a single ballot paper envelope by the elector, and

( c ) the special presiding officer shall place the ballot paper envelope and the completed declaration of identity in a single covering envelope which he shall seal and to which he shall affix a label in the prescribed form signed by himself and the member of the Garda Síochána.

 

6 Postal Voting.

6. (1) Where ballot papers and related documents are to be sent to a postal voter both under section 21 of the Act of 1923 (substituted by section 8 of the Act of 1960) and under section 20 of the Act of 1942, as amended by section 69 of the Act of 1963:

( a ) the ballot papers and documents shall be enclosed in a single covering envelope addressed to the postal voter;

( b ) a single covering envelope addressed to the returning officer shall be provided for the return of the documents by the postal voter, and

( c ) a single form of receipt and a single ballot paper envelope shall be sent to each postal voter.

 

7 Provisions relating to taking of poll.

7. The following provisions shall have effect in relation to the taking of the polls in a polling station:

( a ) the same person shall be appointed to be the presiding officer at each poll;

( b ) the same copy of the register of electors shall be used for each poll and the register shall be marked to indicate the poll or polls in respect of which a ballot paper is delivered to each elector;

( c ) the following questions shall be substituted for those set out in sections 26 (2) (b) and 70 (2) (b) of the Act of 1963—

"(i) Are you at the same person as the person whose name appears as... on the register of electors now in force for the constituency of. . . . . . . ?

(ii) Have you already voted at this election? (or — at the referenda? - as the case may be)

(iii) Had you reached the age of eighteen years on the 15th day of April, 1992?"

( d ) the following oath (or affirmation) shall be substituted for the oath (or affirmation) set out in section 26 (2) (c) and 70 (2) (c) of the Act of 1963—

"I swear by Almighty God (or — do solemnly, sincerely and truly declare and affirm — as the case may be) that I am the same person as the person whose name appears as . . . on the register of electors now in force for the constituency of . . . . and that I have not already voted at this election (or — at these referenda — as the case may be) and that I had attained the age of eighteen years on 15th April, 1992.".

 

8 Modification of the Act of 1942.

8. The Act of 1942 shall have effect as if in the First Schedule "shall as soon as practicable" were substituted for "then" in Rule 24 (substituted by section 78 of the Act of 1963).

 

GIVEN under the Official Seal of the Minister for the Environment this 17th day of November, 1992.

MICHAEL SMITH,

Minister for the Environment.

 

EXPLANATORY NOTE.

These regulations make certain provisions in relation to the Dáil election and the referenda in order to facilitate the taking of the polls on the same day.

 

 

 

S.I. No. 344 of 1992.

S.I. No. 344/1992: RETURNING OFFICERS' CHARGES (12th, 13th AND 14th AMENDMENTS OF THE CONSTITUTION AND GENERAL ELECTION TO DÁIL ÉIREANN) REGULATIONS, 1992.

I, BERTIE AHERN, Minister for Finance, in exercise of the powers conferred on me by section 12 (5) of the Referendum Act, 1942 (No. 8 of 1942), (as extended by section 64 (4) of the Electoral Act 1963 (No. 19 of 1963)), and section 25 (5) of the Electoral Act, 1923 (No. 12 of 1923), (as extended by section 23 (4) of the Electoral Act, 1963 (No. 19 of 1963) and by section 26 (2) of the Electoral (Amendment) (No. 2) Act, 1986 (No. 35 of 1986)), hereby make the following Regulations:

 

1. These Regulations may be cited as the Returning Officers' Charges (12th, 13th and 14th Amendments of the constitution and General Election to Dáil Éireann) Regulations, 1992.

 

2. In these Regulations—

"Dáil Election" means a General Election within the meaning of section 65 of the Electoral Act 1923 (No. 12 of 1923), as amended by section 9 (1) of the Electoral Act 1963 (No. 19 of 1963);

"the Referendums" means, the referendums on the proposals for the amendment of the Constitution contained in the Twelfth, Thirteenth and Fourteenth Amendments of the Constitution Bills, 1992;

"Dáil returning officer" means, a person who, pursuant to section 11 (1) of the Electoral Act 1963 (No. 19 of 1963), as amended by section 1 of the Electoral (Amendment) Act 1986 (No. 12 of 1986), is the returning officer for a Dáil Constituency;

"local returning officer" means, a person who, pursuant to section 6 of the Referendum Act 1942 (No. 8 of 1942) is the referendum returning officer for the constituency.

"accounts" means the accounts of a Dáil or local returning officer in respect of services and expenses which have been properly rendered or incurred by such officers for the purposes of or in connection with a referendum or general election;

"electors" means—

( a ) in relation to the ascertainment of the maximum sum payable to a local returning officer, the number of persons registered in the register of Presidential electors for the constituency in which such officer is the local returning officer;

( b ) in relation to the ascertainment of the maximum sum payable to a Dáil returning officer, the number of persons registered in the register of Dáil electors for the constituency in which such officer is the Dáil returning officer;

"constituency" means any constituency named in the Schedule to the Electoral (Amendment) Act, 1990 (No. 36 of 1990).

 

3. The scale of maximum charges for the purposes of—

( a ) section 25 of the Electoral Act 1923 (No. 12 of 1923) as extended by section 23 (4) of the Electoral Act 1963 (No. 19 of 1963) and by section 26 (2) of the Electoral Amendment (No. 2) Act, 1986 (No. 35 of 1986), and

( b ) section 12 of the Referendum Act, 1942 (No. 8 of 1942), as extended by section 64 (4) of the Electoral Act, 1963 (No. 19 of 1963) and by section 26 (2) of the Electoral (Amendment) (No. 2) Act, 1986 (No. 35 of 1986),

shall, as respects the Referendums and Dáil Election, be the scale set out in the Schedule to these Regulations.

 

4. The accounts shall be rendered to the Minister for Finance by being sent to the Accountant, Department of Finance, Accounts Branch, Setanta Centre, Nassau Street, Dublin 2, within a period of 26 weeks beginning on the 25th November 1992.

The accounts shall be accompanied by a declaration made and subscribed by the returning officer rendering them and every such declaration shall be in the following form:

"I hereby declare that, to the best of my knowledge and belief, the accounts which are rendered by me in respect of the services and expenses rendered or incurred by me and accompany this declaration are correct.

 

 

Signed, ".

 

 

5. In the case of disbursements which have already been settled, vouchers and receipts shall be submitted with the accounts and, in the case of charges which have not been settled, the relevant bills or other documents shall be submitted with the accounts,

 

6. The accounts shall classify and show the disbursements and other charges claimed, together with their totals, in the same manner as the charges allowable under these Regulations are classified in the scale of maximum charges set out in the Schedule to these Regulations.

 

7. In rendering the accounts due regard shall be had to any directions issued by the Minister for Finance to local and Dáil returning officers with reference to the particulars and information to be furnished in support of claims for payments out of the Central Fund.

 

8. Nothing in these Regulations shall be taken as authorising more than one charge in respect of a particular disbursement.

 

9. The scale of maximum charges to be paid to local returning officers prescribed by the Referendum (Local Returning Officers' Charges) Regulations 1992 (S.I. 145 of 1992) shall not apply to any referendum held after June 1992.

 

10. The scale of maximum charges to be paid to Dáil returning officers prescribed by the Returning Officers' and Local Returning Officers' Charges Order 1987 (S.I. No. 132 of 1989) shall not apply to any Dáil Election held after 1989.

 

SCHEDULE.

SCALE OF MAXIMUM CHARGES.

PART I.

General.

1. References in this Scale to returning officers include, where appropriate, references to deputy and acting local returning officers and Deputy and acting Dáil returning officers.

2. No payment shall be made for any of the services referred to in Parts II, III and IV of this Scale to more than one person in respect of the same constituency or portion of a constituency.

PART II.

Services of Dáil Returning Officers in contested elections.

3. For conducting the election and generally performing all the duties which a returning officer is required by law to perform (other than duties in connection with the matters specifically provided for in the subsequent paragraphs of this Part):

For every complete 100 electors or fraction thereof exceeding one-half:

    £

Up to 100,000 electors............................................................................................... 2.32

Exceeding 100,000 electors....................................................................................... 1.35

 

provided that where a person performs duties of a returning officer for more than one constituency, or for portions of more than one constituency, all the constituencies or portions of constituencies for which he performs those duties shall, for the purposes of the foregoing provisions of this paragraph, be deemed to be a single constituency.

4. For receiving nominations, withdrawals, making returns to writs and related matters:

 

 

    £

For each member to be returned in respect of the constituency 25.50

 

5. For despatch and receipt of ballot papers of postal voters:

 

 

    £

For every complete 100 postal voters, or fraction thereof exceeding one

half, on the special voters list...................................................................................16.00

Subject of a minimum fee of....................................................................................48.00

 

6.  For segregation of ballot papers and verification of ballot paper accounts:

 

 

Up to 30,000 electors...............................................................................................100.00

For each 1,000 electors over 30,000.......................................................................... 2.90

 

7. (1) For all duties appertaining to the counting of the votes in a constituency:

 

 

For the first 50,000 electors....................................................................................... 275.00

For each complete 1,000 electors, or fraction thereof exceeding one-half, in

excess of 50,000............................................................................................................2.32

 

(2) In the event of a re-examination and re-count under paragraph (1B) (inserted by section 39 of the Electoral Act, 1963) of Rule 10 of the Third schedule to the Electoral Act, 1923, there shall be paid in respect thereof such sums as may be authorised by the Minister for Finance based on (a) the time spent thereon and (b) remuneration for the original count.

8. For all duties appertaining to Special Voters;

 

    £

For every complete 100 special voters or fraction thereof

exceeding one half, on the special voters list ......................................................... 21.40

Subject to a minimum fee of................................................................................... 53.00

 

 

PART III.

Services of Dáil Returning Officers in uncontested elections.

9. One-third of the appropriate fee mentioned in paragraph 3 of this Scale.

10. The appropriate fee mentioned in paragraph 4 of this Scale.

PART IV.

Services of Local Returning Officers (for the referendums).

11. For performing all the duties which a local returning officer is required by law to perform in connection with the Referendums (other than the duties in connection with the matters specially provided for at paragraphs (12), (13), (14) and (15) below):

For every complete 100 of the electors or fraction thereof exceeding one-half:—

 

    £

Up to 100,000 electors............................................................................................. 2.10

Exceeding 100,000 electors...................................................................................... 1.26

 

provided that where a person performs duties of a local returning officer for more than one constituency, or for portions of more than one constituency, all the constituencies or portions of constituencies for which he performs those duties shall, for the purpose of the foregoing provision, be deemed to be a single constituency.

12. For despatch and receipt of ballot papers of postal voters:

 

 

    £

For every complete 100 postal voters, or fraction thereof exceeding one-half,

on the register............................................................................................................16.00

Subject to a minimum fee of.................................................................................... 48.00

 

13. For all duties appertaining to special voters:

 

    £

For every complete 100 special voters, or fraction thereof exceeding one half,

on the special voters list............................................................................................. 21.40

Subject to a minimum fee of......................................................................................53.00

 

14. For all duties appertaining to the counting of the votes in a constituency.............................................................................................................. 440.00

 

15. In the event of a re-examination and re-count of votes under Rule 26 of the First Schedule of the Referendum Act, 1942, there shall be paid in respect thereof such sums as may be authorised by the Minister for finance based on (a) the time spent thereon and (b) remuneration for the original count.

(These fees cover any payments made to a deputy local returning officer for the discharge of any duties of a local returning officer which may be assigned to him.)

 

PART V.

Disbursements of Dáil Returning Officers in contested elections.

16. Remuneration of persons engaged in the segregation of ballot papers and the verification of ballot paper accounts:

 

    £

Up to 50,000 electors..................................................................................... 1,000.00

For each additional 1,000 electors thereafter..................................................    10.00

 

17. Counting of Votes:

(1) For every complete 100 electors or fraction thereof exceeding one-half:

    £

(i) where the number of candidates nominated and not

withdrawn exceeds by one or two the number of candidates to be elected................3.25

(ii) where that number exceeds by three, four or five the

number of candidates to be elected.......................................................................... 3.40

(iii) where that number exceeds by six or more the

number of candidates to be elected........................................................................... 3.50

 

(2) The total sum payable, as ascertained in accordance with the foregoing sub paragraph, may be increased by one-twentieth in respect of each count (as defined in Rule 12 (9) of the Third Schedule to the Electoral Act, 1923) beyond seven, provided that:

( a ) where, under Rule 7 (2) of that Schedule, the returning officer in one operation excludes two or more lowest candidates, those exclusions, although carried out separately, shall be regarded as one count only, and

( b ) no operation shall be regarded as a count unless an actual transfer of papers—

(i) either is required to be made or would, but for Rule 6 (5) (a) of the said Third Schedule be required to be made, and

(ii) is made.

(3) The total sum ascertained in accordance with sub-paragraphs (1) and (2) of this paragraph, with an additional sum of £60.00 for supervision and £30.00 for calculations and transfer work, shall be divided at the discretion of the returning officer between all competent persons appointed to assist him in counting the votes.

(4) In the event of a re-examination and re-count under paragraph (IB) inserted by section 30 of the Electoral Act, 1963) of Rule 10 of the Third Schedule to the Electoral Act, 1923, there shall be paid in respect thereof such sum as may be authorised by the Minister for Finance based on (a) the time spent thereon, and (b) remuneration for the original count.

PART VI.

Disbursements of Dáil Returning Officers in uncontested elections.

18. The Whole Election.

 

 

(a) Preliminary work undertaken in anticipation of a contest, including clerical, legal and other assistance. Actual and necessary cost subject to the limits set out in Part V of this Scale.

(b) The assistance of a special legal assessor employed by the returning officer with the prior consent of the Minister for the environment. Such sum as may be authorised by the Minister for Finance.

 

PART VII.

Disbursements of Local Returning Officers.

19. Counting of Votes in each referendum:

 

    £

Up to 50,000 electors............................................................................................ 780.00

For each complete 1,000 electors in excess of 50,000 ............................................ 15.60

 

(The total sum shall be divided at the discretion of the local returning officer between all competent persons appointed to assist him in counting the votes).

 

PART VIII.

Disbursements of Dáil and Local Returning Officers (General).0

20. Taking the Polls at the General Election and Referendums:

(1) Each special presiding officer — to cover all expenses, other than travelling expenses and subsistence allowances, authorised in this Scale:

 

 

  £

For a full-day (minimum 6 hours) 86.00

For a shorter periods—per hour 14.33

 

    £

(2) (i) Each presiding officer — to cover all expenses,

other than travelling expenses and subsistence allowances,

authorised in this Scale ........................................................................................... 77.00

(ii) One additional presiding officer appointed by the local returning officer for each polling place where the number of polling stations exceeds four ... 86.00

 

(3) Poll Clerks — for all expenses, other than travelling expenses and subsistence allowances authorised in this Scale:

 

 

Where the number of Clerks equals the number of polls ......................................... 35.00

Where the number of Clerks is one less than the number of polls ............................ 42.00

Where the number of Clerks is two less than the number of polls ........................... 48.50

Where the number of clerks is three less than the number of polls .......................... 56.00

 

(4) A local returning officer may appoint one emergency presiding officer in a constituency who may be paid a retaining fee of £25.30 to be increased to the full appropriate fee if he is necessarily employed as a presiding officer, and in the case of a constituency not situate in one county only, if it consists of parts situate in two counties, two emergency presiding officers may be so appointed and paid and if it consists of parts situate in three counties, three emergency officers may be so appointed and paid.

21. Miscellaneous.

( a ) (i) Clerical, legal and other assistance employed by the returning officer for the purposes of the Referendums and the General Election —excluding any services for which payment is otherwise authorised by this Scale - and for all expenses of the returning officer not otherwise authorised by this Scale:

 

 

for every complete 100 electors, or fraction thereof exceeding one-half................. 5.10

 

provided that where a person performs duties of a returning officer for more than one constituency, or for portions of more than one constituency, all the constituencies or portions of constituencies for which he performs those duties shall, for the purpose of this clause, be deemed to be a single constituency.

(ii) In respect of assistance, referred to in clause (i) of this sub-paragraph, employed by the returning officer, £200.00 provided that where a returning officer acts for more than one constituency, the sum payable under this clause in respect of each constituency after the first shall not exceed £100.00.

 

 

( b ) For the assistance of a special legal assessor employed by the local or Dáil returning Officer with the prior consent of the Minister for the Environment. Such sum as may be authorised by the Minister for Finance.

 

( c ) Remuneration of persons engaged in the despatch and receipt of ballot papers of postal and special voters for the Referendums and Dáil Election:

 

     £

For every complete 100 such voters, or fraction thereof exceeding

one-half, on the register for the constituency ....................................................................32.00

Subject to a minimum of ...........................................................................84.00

 

 

( d ) Dáil and Local Returning Officer's travelling expenses and subsistence allowances where necessary to make arrangements for the poll or otherwise in connection with the conduct of the Referendums or Dáil Elections. The rates and conditions normally applicable to travelling expenses and subsistence allowances of County Registrars.

( e ) Special presiding officers' travelling expenses and subsistence allowances for the performance of duties under the electoral (Amendment) (No. 2) Act, 1986— Public transport expenses or, where public transport is not suitable, actual and necessary cost, subject to the conditions (if any) as may stand specified from time to time by the Minister for Finance; motor mmi-league allowances for a private car at the rate of 45p per mile (mileage and other travelling expenses shall ordinarily be calculated as though journeys commenced at the local returning officer's headquarters); subsistence allowances for necessary absences on account of duty as follows:

 

 

For overnight absences (covering a period up to 24 hours, but ordinarily not payable for an absence at any place within 15 miles of home or the local returning officer's headquarters............£39.00

For absences of 10 hours or more (but not payable for an absence at any place within 5 miles of home or the local returning officer's headquarters).........................£16.40

For absences of 5 hours but less than 10 hours (but not payable for an absence at any place within 5 miles of home or local returning officer's headquarters)..............£6.80

 

 

( f ) Travelling expenses and subsistence allowances of presiding officers and poll clerks, excluding any expenses incurred in conveying the ballot boxes from the polling station to the place where the votes are counted. Public transport expenses or, where public transport is not suitable, actual, and necessary cost, subject to the conditions if any, as may stand specified from time to time by the Minister for Finance: motor mileage allowances for a private car at the rate of 45p per mile:

( g ) Travelling expenses and subsistence allowances of clerical or other assistants employed by the returning officer in connection with conduct of the referendums and Dáil election. Subsistence allowances at the rate of £6.20 if necessarily detailed on account of duty after 10.00 p.m. or £8.50 if so detailed after 12 midnight, together with, in the case of persons employed more than 15 miles from home who are necessarily detailed on account of duty for more than 5 hours, subsistence allowance at the rate of £6.20 per day.

For overnight absences (covering a period up to 24 hours, but ordinarily not payable for an absence at any place within 15 miles of home or the local returning officer's headquarters. ..............................................£35.00

( h ) Conveying of polling screens, ballot boxes, ballot papers and related articles in connection with the referendums and Dáil election. Actual railway charges, or, where rail service is not available, actual and necessary cost.

( i ) Printing and providing ballot papers, printing and publishing notices and other documents required in and about the referendums and Dáil election. Cost as charged by the Government Supplies Agency, or where printing is arranged for by the local returning officer, the actual and necessary cost.

( j ) Conveying of documents or communications on behalf of the returning officer is connection with the referendums and Dáil election. Actual and necessary costs arising.

( k ) Use of any building or room for the purpose of the referendums and Dáil election. Actual and necessary expenses arising.

(l) Fitting-up polling stations, including the provision of voting compartments and the hire of necessary furniture Cost as charged by the Office of Public Works, or, if the work is done locally, actual and necessary cost.

( m ) Ballot boxes required to be purchased, hired or repaired.

( n ) Stamping instruments required to be purchased, hired, altered or repaired. Cost as charged by the Government Supplies Agency.

( o ) Stationery at polling stations.

( p ) General stationery, post, telegrams and telephones. Actual and necessary cost.

 

GIVEN under my Official Seal, this 18th day of November, 1992.

BERTIE AHERN,

Minister for Finance.

 

EXPLANATORY NOTE.

This Order sets out the scale of maximum charges for local returning officers in respect of a Referendum.

 

 

S.I. No. 132 of 1987.

S.I. No. 132/1987: REFERENDUM (LOCAL RETURNING OFFICERS' CHARGES) ORDER, 1987.

I, RAY MAC SHARRY, Minister for Finance, in exercise of the powers conferred on me by section 12 (5) of the Referendum Act, 1942 (No. 8 of 1942), as extended by section 64 (4) of the Electoral Act, 1963 (No. 19 of 1963), and by section 26 (2) of the Electoral (Amendment) (No. 2) Act, 1986 (No. 35 of 1986), hereby order as follows:

1. This Order may be cited as the Referendum (Local Returning Officers' Charges) Order, 1987.

 

2. The scale of maximum charges for:

(a) the purposes of section 12 of the Referendum Act, 1942 (No. 8 of 1942), as extended by section 64 (4) of the Electoral Act, 1963 (No. 19 of 1963), and by section 26 (2) of the Electoral (Amendment) (No. 2) Act, 1986 (No. 35 of 1986), and

(b) in the case of the Referendum in relation to the Tenth Amendment of the Constitution Bill, 1987, the purposes of section 1 of the Referendum (Amendment) Act, 1987.

shall be the scale set out in the Schedule to this Order.

 

3. (1) Accounts of a local returning officer in respect of services and expenses which have been properly rendered or incurred by him for the purposes of or in connection with a Referendum shall be rendered by such officer to the Minister for Finance by being sent to the Accountant, Department of Finance, Accounts Branch, Earl Court, Adelaide Road, Dublin 2, within the period of twenty-six weeks beginning on the day appointed pursuant to section 8 of the Referendum Act, 1942, to be that on which the poll at the Referendum is to be taken, and such accounts shall be accompanied by a declaration in writing signed by such officer and in the following form:

"I hereby declare that, to the best of my knowledge and belief, the accounts which both are rendered by me in respect of the services and expenses rendered or incurred by me and accompany this declaration are correct.

Signed,                          

,,

(2) In the case of disbursements in respect of claims for payment which have been settled by the local returning officer, vouchers and receipts shall be submitted with the accounts referred to in subparagraph (1) of this paragraph and, in the case of claims which have not been so settled, the relevant bills or other documents shall be submitted with the said accounts.

(3) The accounts referred to in sub-paragraph (1) of this paragraph shall classify and show the disbursements and other charges claimed, together with their totals, in the same manner as the charges allowable under this Order are classified in the scale of maximum charges set out in the Schedule to this Order.

(4) In rendering the accounts referred to in sub-paragraph (1) of this paragraph, the local returning officer shall, in addition to complying with the foregoing provisions of this paragraph, have regard to any directions which for the time being stand issued by the Minister for Finance to local returning officers with reference to the particulars and information to be furnished in support of claims for payments out of the Central Fund.

 

4. Nothing in this Order shall be taken as authorising more than one charge in respect of a particular disbursement.

 

5. The scale prescribed by the Referendum (Local Returning Officers' Charges) Regulations, 1986 (S.I. No. 175 of 1986), shall not apply to any Referendum held after the making of this Order.

 

SCHEDULE

SCALE OF MAXIMUM CHARGES

 

PART I

General

1. References in this Scale to local returning officers include, where appropriate, references to deputy and acting local returning officers.

2. In this Scale "constituency" means any constituency named in the Schedule to the Electoral (Amendment) Act, 1983 (No. 36 of 1983).

"electors" means, in relation to the ascertainment of the maximum sum payable to a local returning officer, the number of persons registered in the register of Presidential electors for the constituency in respect of which he is the local returning officer.

3. No payment shall be made for any of the services referred to in Parts II and III of this Scale to more than one person in respect of the same constituency or portion of a constituency.

 

PART II

Services of Local Returning Officers

4. For performing all the duties which a local returning officer is required by law to perform in connection with the Referendum (other than the duties in connection with the matters specially provided for at paragraphs (5), (6), (7) and (8) below):

for every complete 100 of the electors or fraction thereof exceeding one-half;

 

    £

up to 30,000 electors ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .....    1.80

exceeding 30,000 electors but not exceeding 50,000 electors  ... ... 1.10

exceeding 50,000 electors ... ... ... ...... ... ... ... ... ... ... ... ...   0.85

 

provided that where a person is a local returning officer for more than one constituency, or for portions of more than one constituency, all the constituencies or portions of constituencies for which he is local returning officer shall, for the purposes of the foregoing provisions of this paragraph, be deemed to be a single constituency.

5. For dispatch and receipt of ballot papers of postal voters:

 

    £

for every complete 100 special voters, or fraction thereof;

exceeding one-half, on the register ... ... ...... ... ... ... ... ... ... 12.00

subject to a minimum fee of ... ... ... ...... ... ... ... ... ... ... ...   24.00

 

6. For all duties appertaining to special voters:

 

    £

for every complete 100 special voters, or fraction thereof;

exceeding one half, on the special voters list ... ...... ... ... ... 18.00

subject to a minimum fee of ... ... ... ...... ... ... ... ... ... ... ...   36.00

 

7. For all duties appertaining to the counting of votes in a constituency:

 

    £

for the first 50,000 electors ... ... ... ...... ... ... ... ... ... ... ... ... ... ... ... 110.00

for each complete 5,000 electors, or fraction thereof exceeding

one-half, in excess of 50,000 ... ... ... ... ... ... ... ... ... ... ... ...... ... ... ... ... ... 3.50

 

8. In the event of a re-examination and re-count of votes under Rule 26 of the First Schedule of the Referendum Act, 1942, there shall be paid in respect thereof such sums as may be authorised by the Minister for Finance based on (a) the time spent thereon and (b) remuneration for the original count.

(These fees cover any payments made to a deputy local returning officer for the discharge of any duties of a local returning officer which may be assigned to him.)

PART III

Disbursements of Local Returning Officers

9. Taking the Poll:

(1) Each special presiding officer — to cover all expenses, other than travelling expenses and subsistence allowances, authorised in this Scale

 

 

    £

For a full-day (minimum 6 hours) ... ... ... ...... ... ... ... ... ... ... ... ... ... ... ... 46.00

For shorter periods—per hour ... ... ... ...... ... ... ... ... ... ... ... ... ... ... ... ... ... 7.70

(2) (i) Each presiding officer — to cover all expenses, other

than travelling expenses and subsistence allowances, authorised in this Scale ... ... 41.00

(ii) One additional presiding officer appointed by the local

returning officer for each polling place where the number of polling stations

exceeds four ... ...... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 46.00

(3) One poll clerk for each presiding officer referred to at

sub-paragraph 2 (i) of this paragraph ... ... ... ...... ... ... ... ... ... ... ... ... ... ... ... ... ... 28.00

 

(4) A local returning officer may appoint one emergency presiding officer in a constituency who may be paid a retaining fee of £21.00 to be increased to the full appropriate fee if he is necessarily employed as a presiding officer, and in the case of a constituency not situate in one county only, if it consists of parts situate in two counties, two emergency presiding officers may be so appointed and paid and if it consists of parts situate in three counties, three emergency officers may be so appointed and paid.

10. Counting of votes:

 

    £

Up to 50,000 electors ... ... ... ... ...... ... ... ... ... ... ... ... ... ... ... ... ... ..... ... ... ... . ... 675.00

for each complete 1,000 electors in excess of 50,000 ...... ... ... ... ... ... ... ... ... ...       6.75

(The total sum shall be divided at the discretion of the local returning officer between all competent persons appointed to assist him in counting the votes).

 

11. Miscellaneous

( a) (i) Clerical, legal and other assistance employed by the local returning officer for the purposes of the referendum — excluding any services for which payment is otherwise authorised by this Scale — and for all expenses of the local returning officer not otherwise authorised by this Scale:

 

    £

for every complete 100 electors, or fraction thereof

exceeding one-half, up to 20,000 electors ...... ... ... ... ... ... 3.60

exceeding 20,000 electors ... ... ...... ... ... ... ... ... ... ... ... ... 3.05

 

provided that where a person performs duties of a local returning officer for more than one constituency, or for portions of more than one constituency, all the constituencies or portions of constituencies for which he performs those duties shall, for the purpose of this clause, be deemed to be a single constituency.

(ii) In respect of assistance referred to in clause (i) of this sub-paragraph employed by the local returning officer, £180.00, provided that where a local returning officer acts for more than one constituency, the sum payable under this clause in respect of each constituency after the first shall not exceed £90.00.

 

 

(b) For the assistance of a special legal assessor employed by the local returning officer with the prior consent of the Minister for the Environment Such sum as may be authorised by the Minister for Finance.

 

(c) Remuneration of persons engaged in the despatch and receipt of ballot papers of postal and special voters:

 

    £

for every complete 100 such voters, or fraction thereof

exceeding one-half on the register for the constituency ... ...... ... ... ... ... ... ... ... 12.00

subject to a minimum of ... ... ... ... ...... ... ... ... ... ... ... ... ... ... ... ... ... ... 24.00

 

 

(d) Local Returning Officers' travelling expenses and subsistence allowances where necessary to make arrangements for the poll or otherwise in connection with the conduct of the Referendum The rates and conditions normally applicable to travelling expenses and subsistence allowances of County Registrars.

 

 

(e) Special presiding officers' travelling expenses and subsistence allowances for the performance of duties under the Electoral (Amendment) (No. 2) Act, 1986. Public transport expenses, or, where public transport is not suitable, actual and necessary cost, subject to the conditions (if any) as may stand specified from time to time by the Minister for Finance; motor mileage allowances for a private car at the rate of 40p per mile (mileage and other travelling expenses shall ordinarily be calculated as though journeys commenced at the local returning officer's headquarters); subsistence allowances for necessary absences on account of duty as follows:

For overnight absences (covering a period up to 24 hours, but ordinarily not payable for an absence at any place within 15 miles of home or the local returning officer's headquarters)  For absences of 10 hours or more (but not payable for an absence at any place within 5 miles of home or the local returning officer's headquarters)

For absences of 5 hours but less than 10 hours (but not payable for an absence at any place within 5 miles of home or the local returning officer's headquarters) £

    31.00

    13.50

    5.50

 

 

(f) Travelling expenses and subsistence allowances of presiding officers and poll clerks, excluding any expenses incurred in conveying the ballot boxes from the polling station to the place where the votes are counted.

 

(g) Travelling expenses and subsistence allowances of clerical or other assistants employed by the local returning officer in connection with conduct of the referendum. Public transport expenses or, where public transport is not suitable, actual and necessary cost, subject to the conditions (if any) as may stand specified from time to time by the Minister for Finance; motor mileage allowances for a private car at the rate of 40p per mile; subsistence allowances at the rate of £5 if necessarily detained on account of duty after 10.30 p.m., or £7 if so detained after 12 midnight; together with, in the case of persons employed more than 15 miles from home who are necessarily detained on account of duty for more than 5 hours, subsistence allowance at the rate of £5 per day.

(h) Conveying of polling screens, ballot boxes, ballot papers and related articles in connection with the referendum. Actual railway charges, or, where rail service is not available, actual and necessary cost.

(i) Printing and providing ballot papers, printing and publishing notices and other documents required in and about the referendum. Cost as charged by the Stationery Office, or, where printing is arranged for by the local returning officer, the actual and necessary cost.

(j) Use of any building or room for the purpose of the referendum. Actual and necessary expenses arising.

(k) Fitting-up polling stations, including the provision of voting compartments and the hire of necessary furniture.

 

(l) Ballot boxes required to be purchased, hired or repaired.

Cost as charged by the Office of Public Works, or, if the work is done locally, actual and necessary cost.

(m) Stamping instruments required to be purchased, hired, altered or repaired.

 

(n) Stationery at polling stations.

Cost as charged by the Stationery Office.

(o) General stationery, post, telegrams and telephones. Actual and necessary cost.

 

GIVEN under my Official Seal, this 8th day of May, 1987.

RAY MAC SHARRY,

Minister for Finance.

 

EXPLANATORY NOTE.

This Order sets out the scale of maximum charges for local returning officers in respect of a Referendum.

 

 

S.I. No. 175 of 1986.

S.I. No. 175/1986: REFERENDUM (LOCAL RETURNING OFFICERS' CHARGES) REGULATIONS, 1986.

I, JOHN BRUTON, Minister for Finance, in exercise of the powers conferred on me by section 12 (5) of the Referendum Act, 1942 (No. 8 of 1942) (as extended by section 64 (4) of the Electoral Act, 1963, (No. 19 of 1963)), hereby make the following Regulations:

 

1. These Regulations may be cited as the Referendum (Local Returning Officers' Charges) Regulations, 1986.

 

2. In these Regulations—

"accounts" means the accounts of a local returning office in respect of services and expenses which have properly rendered or incurred by him for the purposes of or in connection with a Referendum;

"constituency" means any constituency named in the Schedule to the Electoral Amendment Act, 1980 (No. 17 of 1980);

"electors" means, in relation to the ascertainment of the maximum sum payable to a local returning officer, the number of persons registered in the register of Dáil electors for the constituency in respect of which he is the local returning officer.

 

3. The scale of maximum charges for—

(a) the purposes of section 12 of the referendum Act, 1942 (No. 8 of 1942), as extended by section 64 (4) of the Electoral Act, 1963 (No. 19 of 1963), and

(b) in the case of the Referendum in relation to the Tenth Amendment of the Constitution Bill, 1986, the purposes of section 1 of the Referendum (Amendment) Act, 1986,

shall be the scale set out in the Schedule to these Regulations.

 

4. (1) Accounts of a local returning officer in respect of services and expenses which have been properly rendered or incurred by him for the purposes of or in connection with a Referendum shall be submitted by such officer to the Minister for Finance by being sent to the Secretary, Department of Finance, Accounts Branch, Earl Court, Adelaide Road, Dublin 2, within the period of twenty-six weeks beginning on the day appointed, pursuant to section 8 of the Referendum Act, 1942 to be that on which the poll at the Referendum is to be taken, and such accounts shall be accompanied by a declaration in writing signed by such officer and in the following form:

"I hereby declare that, to the best of my knowledge and belief, the accounts which both are rendered by me in respect of the services and expenses rendered or incurred by me and accompany this declaration this declaration are correct.

Signed,"

(2) In the case of disbursements in respect of claims for payment which have been settled by the local returning officer, vouchers and receipts shall be submitted with the accounts referred to in paragraph (1) of this Regulation and, in the case of claims which have not been so settled, the relevant bills or other documents shall be submitted with the said accounts.

(3) The accounts referred to in paragraph (1) of this Regulation shall classify and show the disbursements and other charges claimed, together with their totals, in the same manner as the charges allowable under these Regulations are classified in the scale of maximum charges set out in the Schedule to these Regulations.

(4) In submitting the accounts referred to in paragraph (1) of this Regulation the local returning officer shall, in addition to complying with the foregoing provisions of this Regulation, have regard to any directions which for the time being stand issued by the Minister for Finance to local returning officers with reference to the particulars and information to be furnished in support of claims for payments out of the Central Fund.

 

5. Nothing in these Regulations shall be taken as authorising more than one charge in respect of a particular disbursement.

 

6. The scale prescribed in the Referendum (Local Returning Officers' Changes) Regulations, 1983 (S.I. No. 243 of 1983), shall not apply to any Referendum held after the making of these Regulations.

 

SCHEDULE

SCALE OF MAXIMUM CHARGES

 

PART I

FEE TO LOCAL RETURNING OFFICER

(1) For performing all the duties which a local returning officer is required by law to perform in connection with the Referendum (other than the duties in connection with the matters specially provided for at paragraphs (2), (3) and (4) below):

for every complete 100 of the electors or fraction thereof exceeding one-half:

 

    £

up to 30,000 electors ... ... ... ... ... ...... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 1.70

exceeding 30,000 but not exceeding 50,000 electors ... ...... ... ... ... ... ...    1.04

exceeding 50,000 electors ... ... ... ... ...... ... ... ... ... ... ... ... ... ... ... ... ... ... 0.80

 

provided that where a person is a local returning officer for more than one constituency or for portions of more than one constituency, all the constituencies or portions of constituencies for which he is local returning officer shall, for the purposes of the foregoing provisions of this paragraph, be deemed to be a single constituency.

(2) For despatch and receipt of ballot papers of postal voters and for despatch of polling cards to postal voters:

 

    £

for every complete 100 postal voters, or fraction thereof exceeding

one-half, on the register ... ... ... ... ...... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 11.00

Subject to a minimum fee of ... ... ... ... ...... ... ... ... ... ... ... ... ... ... ... ... ... 22.00

 

(3) For all duties appertaining to the counting of the votes in the constituency:

 

    £

for the first 50,000 electors ... ... ... ... ...... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 105.00

for each complete 5,000 electors or fraction thereof exceeding one half,

in excess of 50,000 ... ... ... ... ...... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 3.35

 

(4) In the event of a recount of votes under Rule 26 of the First Schedule to the Referendum Act, 1942, there shall be paid in respect thereof such sum as may be authorised by the Minister for Finance based on (a) the time spent thereon and (b) remuneration for the original count.

(These fees cover any payments made to a deputy local returning officer for the discharge of any duties of a local returning officer which may be assigned to him).

 

PART II

DISBURSEMENTS OF LOCAL RETURNING OFFICERS

(5) Taking the poll £

(a) each presiding officer—to cover all expenses, other than travelling expenses and subsistence allowances authorised in this scale ... ... ... ... ... 34.70

provided that where the number of polling stations in a polling place exceeds four, £43.00 may be paid in the case of such one (and one only) of the presiding officers as may be designated by the local returning officer.

(b) A local returning officer may appoint one emergency presiding officer in a constituency who may be paid a retaining fee of £17.00 to be increased to the full appropriate fee if he is necessarily employed as a presiding officer and in the case of a constituency not situate in one county two emergency presiding officers may be so appointed and paid.

    £

(c) One poll clerk for each presiding officer ... ...... ... ... ... ... ... ... ... 22.00

 

(6) Counting of Votes

Up to 50,000 electors ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 646.00

for each complete 1,000 electors in excess of 50,000 ... ...... ... ... ... ... ... 6.46

 

(The total sum shall be divided at the discretion of the local returning officer between all competent persons appointed to assist him in counting the votes).

(7) Miscellaneous

(a) Clerical, legal and other assistance employed by the local returning officer for the purposes of the Referendum—excluding any services for which payment is otherwise authorised by this scale—and for all expenses of the local returning officer not otherwise authorised by this scale:

    £

for every complete 100 electors of fraction thereof exceeding one-half ...  3.10

 

provided that where a person performs the duties of a local returning officer for more than one constituency, or for portions of more than one constituency, all the constituencies or portions of constituencies for which he performs these duties shall, for the purposes of this sub-paragraph be deemed to be a single constituency.

Together with, in respect of assistance as aforesaid employed by the local returning officer, £160 provided that where a local returning officer acts for more than one constituency, the additional sum payable in respect of each constituency after the fist shall not exceed £80.

 

 

(b) For the assistance of a special legal assessor employed by the local returning officer with the prior consent of the Minister for the Environment. Such sum as may be authorised by the Minister for Finance

 

(c) Remuneration of persons engaged in the despatch and receipt of postal voters' ballot papers and despatch of polling cards to postal voters:

    £

for every complete 100 postal voters or fraction thereof exceeding

one-half on the register for the constituency... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 11.00

subject to a minimum of ... ... ... ...... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 22.00

(d) Local returning officers' travelling expenses where necessary to make arrangements for the poll or otherwise in connection with the conduct of the Referendum. First-class railway expenses or, where rail service is not available actual and necessary cost subject to such conditions (if any) as may stand specified for the time being by the Minister for the Public Service and subject also to the proviso that an allowance under these Regulations in respect of any such cost shall not exceed the amount which would be payable under the Civil Service mileage rates which are for the time being in force were the allowance to be calculated at those rates, subsistence allowance at the rate of £14.10 a night if necessarily absent from home on account of duty (mileage expenses shall be calculated as though journeys were taken from the county courthouse of the constituency).

(e) Travelling expenses of presiding officers and poll clerks, excluding any expenses incurred in conveying the ballot boxes from the polling station to the place where the votes are counted. Standard-class railway expenses or, where rail service is not available, actual and necessary cost subject to the conditions and proviso mentioned in subparagraph (d) of this paragraph; subsistence allowance at the rate of £4.50 a night if necessarily detained on account of duty after 10.30 p.m., or £6.35 a night if so detained after 12 midnight; together with, in the case of persons employed more than 15 miles from home who are necessarily detained on duty more than five hours, subsistence allowance at the rate of £2.95 per day.

(f) Travelling expenses of clerical or other assistance employed by the returning officer in connection with the conduct of the Referendum.

(g) Conveying of polling screens, ballot boxes, ballot papers, etc., in connection with the Referendum. Actual railway charges, or where rail service is not available, actual and necessary cost.

(h) Printing and publishing notices, etc., required in and about the Referendum. Cost is charged by the Stationery Office, or where printing is arranged for by the local returning officer, the actual and necessary cost.

(i) Use of any building or room for the purposes of the Referendum. Actual and necessary expenses arising.

(j) Fitting up polling stations, including the provision of voting compartments and the hire of necessary furniture. Cost as charged by the Office of Public Works, or, if the work is done locally, actual and necessary cost.

(k) Ballot boxes required to be purchased, hired or repaired.

(l) Stamping instruments required to be purchased, hired altered or repaired. Cost as charged by the Stationery Office.

(m) Stationery at polling stations.

(n) General stationery, postage, telegrams and telephone messages. Actual and necessary cost.

 

GIVEN under my Official Seal, this 3rd day of June, 1986.

JOHN BRUTON,

Minister for Finance.

 

EXPLANATORY NOTE.

These Regulations set out the scale of maximum charges for local returning officers in respect of a referendum.

 

 

S.I. No. 175 of 1986.

S.I. No. 175/1986: REFERENDUM (LOCAL RETURNING OFFICERS' CHARGES) REGULATIONS, 1986.

I, JOHN BRUTON, Minister for Finance, in exercise of the powers conferred on me by section 12 (5) of the Referendum Act, 1942 (No. 8 of 1942) (as extended by section 64 (4) of the Electoral Act, 1963, (No. 19 of 1963)), hereby make the following Regulations:

 

1. These Regulations may be cited as the Referendum (Local Returning Officers' Charges) Regulations, 1986.

 

2. In these Regulations—

"accounts" means the accounts of a local returning office in respect of services and expenses which have properly rendered or incurred by him for the purposes of or in connection with a Referendum;

"constituency" means any constituency named in the Schedule to the Electoral Amendment Act, 1980 (No. 17 of 1980);

"electors" means, in relation to the ascertainment of the maximum sum payable to a local returning officer, the number of persons registered in the register of Dáil electors for the constituency in respect of which he is the local returning officer.

 

3. The scale of maximum charges for—

(a) the purposes of section 12 of the referendum Act, 1942 (No. 8 of 1942), as extended by section 64 (4) of the Electoral Act, 1963 (No. 19 of 1963), and

(b) in the case of the Referendum in relation to the Tenth Amendment of the Constitution Bill, 1986, the purposes of section 1 of the Referendum (Amendment) Act, 1986,

shall be the scale set out in the Schedule to these Regulations.

 

4. (1) Accounts of a local returning officer in respect of services and expenses which have been properly rendered or incurred by him for the purposes of or in connection with a Referendum shall be submitted by such officer to the Minister for Finance by being sent to the Secretary, Department of Finance, Accounts Branch, Earl Court, Adelaide Road, Dublin 2, within the period of twenty-six weeks beginning on the day appointed, pursuant to section 8 of the Referendum Act, 1942 to be that on which the poll at the Referendum is to be taken, and such accounts shall be accompanied by a declaration in writing signed by such officer and in the following form:

"I hereby declare that, to the best of my knowledge and belief, the accounts which both are rendered by me in respect of the services and expenses rendered or incurred by me and accompany this declaration this declaration are correct.

Signed,"

(2) In the case of disbursements in respect of claims for payment which have been settled by the local returning officer, vouchers and receipts shall be submitted with the accounts referred to in paragraph (1) of this Regulation and, in the case of claims which have not been so settled, the relevant bills or other documents shall be submitted with the said accounts.

(3) The accounts referred to in paragraph (1) of this Regulation shall classify and show the disbursements and other charges claimed, together with their totals, in the same manner as the charges allowable under these Regulations are classified in the scale of maximum charges set out in the Schedule to these Regulations.

(4) In submitting the accounts referred to in paragraph (1) of this Regulation the local returning officer shall, in addition to complying with the foregoing provisions of this Regulation, have regard to any directions which for the time being stand issued by the Minister for Finance to local returning officers with reference to the particulars and information to be furnished in support of claims for payments out of the Central Fund.

 

5. Nothing in these Regulations shall be taken as authorising more than one charge in respect of a particular disbursement.

 

6. The scale prescribed in the Referendum (Local Returning Officers' Changes) Regulations, 1983 (S.I. No. 243 of 1983), shall not apply to any Referendum held after the making of these Regulations.

 

SCHEDULE

SCALE OF MAXIMUM CHARGES

 

PART I

FEE TO LOCAL RETURNING OFFICER

(1) For performing all the duties which a local returning officer is required by law to perform in connection with the Referendum (other than the duties in connection with the matters specially provided for at paragraphs (2), (3) and (4) below):

for every complete 100 of the electors or fraction thereof exceeding one-half:

    £

up to 30,000 electors ... ... ... ... ... ...... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 1.70

exceeding 30,000 but not exceeding 50,000 electors ... ...... ... ... ... ... ... ... ... ...   1.04

exceeding 50,000 electors ... ... ... ... ...... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 0.80

 

provided that where a person is a local returning officer for more than one constituency or for portions of more than one constituency, all the constituencies or portions of constituencies for which he is local returning officer shall, for the purposes of the foregoing provisions of this paragraph, be deemed to be a single constituency.

(2) For despatch and receipt of ballot papers of postal voters and for despatch of polling cards to postal voters:

    £

for every complete 100 postal voters, or fraction thereof exceeding one-half,

on the register ... ... ... ... ...... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 11.00

Subject to a minimum fee of ... ... ... ... ...... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...  22.00

 

(3) For all duties appertaining to the counting of the votes in the constituency:

    £

for the first 50,000 electors ... ... ... ... ...... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 105.00

for each complete 5,000 electors or fraction thereof exceeding one half,

in excess of 50,000 ... ... ... ... ...... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 3.35

 

(4) In the event of a recount of votes under Rule 26 of the First Schedule to the Referendum Act, 1942, there shall be paid in respect thereof such sum as may be authorised by the Minister for Finance based on (a) the time spent thereon and (b) remuneration for the original count.

(These fees cover any payments made to a deputy local returning officer for the discharge of any duties of a local returning officer which may be assigned to him).

 

PART II

DISBURSEMENTS OF LOCAL RETURNING OFFICERS

(5) Taking the poll    £

(a) each presiding officer—to cover all expenses, other than travelling

expenses and subsistence allowances authorised in this scale ... ... ... ... ...... ... ... 34.70

 

provided that where the number of polling stations in a polling place exceeds four, £43.00 may be paid in the case of such one (and one only) of the presiding officers as may be designated by the local returning officer.

(b) A local returning officer may appoint one emergency presiding officer in a constituency who may be paid a retaining fee of £17.00 to be increased to the full appropriate fee if he is necessarily employed as a presiding officer and in the case of a constituency not situate in one county two emergency presiding officers may be so appointed and paid.

   £

(c) One poll clerk for each presiding officer ... ...... ... 22.00

 

(6) Counting of Votes

Up to 50,000 electors ... ... ... ... ... ...... ... ... ... ... ... ... ... 646.00

for each complete 1,000 electors in excess of 50,000 ... ..  6.46

 

(The total sum shall be divided at the discretion of the local returning officer between all competent persons appointed to assist him in counting the votes).

(7) Miscellaneous

(a) Clerical, legal and other assistance employed by the local returning officer for the purposes of the Referendum—excluding any services for which payment is otherwise authorised by this scale—and for all expenses of the local returning officer not otherwise authorised by this scale:

    £

for every complete 100 electors of fraction thereof exceeding one-half ... ... 3.10

provided that where a person performs the duties of a local returning officer for more than one constituency, or for portions of more than one constituency, all the constituencies or portions of constituencies for which he performs these duties shall, for the purposes of this sub-paragraph be deemed to be a single constituency.

Together with, in respect of assistance as aforesaid employed by the local returning officer, £160 provided that where a local returning officer acts for more than one constituency, the additional sum payable in respect of each constituency after the fist shall not exceed £80.

 

 

(b) For the assistance of a special legal assessor employed by the local returning officer with the prior consent of the Minister for the Environment. Such sum as may be authorised by the Minister for Finance

 

(c) Remuneration of persons engaged in the despatch and receipt of postal voters' ballot papers and despatch of polling cards to postal voters:

     £

for every complete 100 postal voters or fraction thereof exceeding

one-half on the register for the constituency ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...  ... 11.00

subject to a minimum of ... ... ... ...... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ...   22.00

(d) Local returning officers' travelling expenses where necessary to make arrangements for the poll or otherwise in connection with the conduct of the Referendum. First-class railway expenses or, where rail service is not available actual and necessary cost subject to such conditions (if any) as may stand specified for the time being by the Minister for the Public Service and subject also to the proviso that an allowance under these Regulations in respect of any such cost shall not exceed the amount which would be payable under the Civil Service mileage rates which are for the time being in force were the allowance to be calculated at those rates, subsistence allowance at the rate of £14.10 a night if necessarily absent from home on account of duty (mileage expenses shall be calculated as though journeys were taken from the county courthouse of the constituency).

(e) Travelling expenses of presiding officers and poll clerks, excluding any expenses incurred in conveying the ballot boxes from the polling station to the place where the votes are counted. Standard-class railway expenses or, where rail service is not available, actual and necessary cost subject to the conditions and proviso mentioned in subparagraph (d) of this paragraph; subsistence allowance at the rate of £4.50 a night if necessarily detained on account of duty after 10.30 p.m., or £6.35 a night if so detained after 12 midnight; together with, in the case of persons employed more than 15 miles from home who are necessarily detained on duty more than five hours, subsistence allowance at the rate of £2.95 per day.

(f) Travelling expenses of clerical or other assistance employed by the returning officer in connection with the conduct of the Referendum.

(g) Conveying of polling screens, ballot boxes, ballot papers, etc., in connection with the Referendum. Actual railway charges, or where rail service is not available, actual and necessary cost.

(h) Printing and publishing notices, etc., required in and about the Referendum. Cost is charged by the Stationery Office, or where printing is arranged for by the local returning officer, the actual and necessary cost.

(i) Use of any building or room for the purposes of the Referendum. Actual and necessary expenses arising.

(j) Fitting up polling stations, including the provision of voting compartments and the hire of necessary furniture. Cost as charged by the Office of Public Works, or, if the work is done locally, actual and necessary cost.

(k) Ballot boxes required to be purchased, hired or repaired.

(l) Stamping instruments required to be purchased, hired altered or repaired. Cost as charged by the Stationery Office.

(m) Stationery at polling stations.

(n) General stationery, postage, telegrams and telephone messages. Actual and necessary cost.

 

GIVEN under my Official Seal, this 3rd day of June, 1986.

JOHN BRUTON,

Minister for Finance.

 

EXPLANATORY NOTE.

These Regulations set out the scale of maximum charges for local returning officers in

respect of a referendum.

 

 

S.I. No. 141 of 1984.

S.I. No. 141/1984: THE EUROPEAN ASSEMBLY ELECTION, DÁIL BYE-ELECTION AND REFERENDUM REGULATIONS, 1984.

The Minister for the Environment, in exercise of the powers conferred on him by section 91 of the Electoral Act, 1963 (No. 19 of 1963), as amended by section 21 of the European Assembly Elections Act, 1977 (No. 30 of 1977), in order to give effect to the said section 91 in relation to the polls to be taken at the Assembly election, the Dáil bye-election and the referendum hereby makes the following Regulations:—

 

1 Citation

1. These Regulations may be cited as the European Assembly Elections, Dáil Bye-Election and Referendum Regulations, 1984.

 

2 Interpretation

2. (1) In these Regulations—

"the Act of 1942" means the Referendum Act, 1942 (No. 8 of 1942);

"the Act of 1963" means the Electoral Act, 1963;

"the Act of 1977" means the European Assembly Elections Act, 1977;

"the Act of 1984" means the European Assembly Elections Act, 1984 (No. 6 of 1984);

"Assembly ballot paper" means a ballot paper used for the purpose of the Assembly election;

"Assembly constituency" means a constituency or any of the constituencies specified in the Second Schedule to the Act of 1977;

"Assembly election" means the election of representatives to the Assembly of the European Communities to be held on the 14th day of June, 1984;

"Assembly election rules" means the First Schedule to the Act of 1977 as amended by the Act of 1984;

"local returning officer" means a person who is a local returning officer pursuant to section 14(2) of the Act of 1977 and pursuant to section 11 of the Act of 1942, as amended by section 67 of the Act of 1963 and modified by section 2 of the Referendum (Amendment) Act, 1984 (No. 7 of 1984);

"the Dáil bye-election" means the bye-election to fill the vacancy existing at the date of these Regulations in the Dáil constituency of Laoighis-Offaly;

"the Dáil constituency" means the constituency of Laoighis—Offaly specified in the Electoral (Amendment) Act, 1980 (No. 17 of 1980);

"the Dáil returning officer" means the person who, pursuant to section 11 of the Act of 1963, is the returning officer for the Dáil constituency of Laoighis-Offaly;

"referendum" means the referendum on the Ninth Amendment of the Constitution Bill, 1984 to be held on the 14th day of June, 1984;

"the Minister" means the Minister for the Environment;

(2) References in these Regulations to a local returning officer shall be construed as including references to a deputy or acting local returning officer.

 

3 Effect of Regulations

3. These Regulations shall have effect in relation to the Dáil bye-election, the Assembly election and the referendum.

 

4 Death of candidate

4. (1) Where in the circumstances referred to in Rule 20 of the Assembly election rules, as amended by section 7 of the Act of 1984, the poll at an Assembly election in an Assembly constituency is not taken or completed on the polling day appointed under section 6 of the Act of 1977, these Regulations shall not apply in relation to the fresh Assembly election to be held under the said Rule.

(2) Where in the circumstances referred to in section 32 of the Act of 1963, the poll at the Dáil bye-election is not taken or completed on the polling day appointed under section 24 of the said Act, these Regulations shall not apply in relation to the fresh election to be held under the said section 32.

 

5 Deputy local returning officer.

5. (1) It shall be lawful for a local returning officer at the Assembly election, with the consent of the Minister, to appoint deputy local returning officers for the discharge of all or any particular part of the duties of such local returning officer.

(2) Where the same person is the local returning officer at the Assembly election for both a county and a county borough or for two counties he shall appoint in respect of one of them, a deputy local returning officer for the purposes of Rule 51A of the Assembly election rules (inserted by section 7 of the Act of 1984) and article 11 of these Regulations.

(3) A person shall not be appointed under sub-article (2) of this article unless the appointment has been approved of by the Minister.

 

6 Polling Cards.

6. (1) Subject to sub-article (2) of this article in every Assembly constituency in which there is a contested Assembly election, a polling card sent to an elector under section 64 of the Act of 1963 or under section 1 of the Referendum (Amendment) Act, 1984, shall contain, in addition to the statement set out in the Appendix to the said section 1, the following statement:—

"You will receive two ballot papers.

White Ballot Paper — European Assembly Election

You may vote for the candidates in the order of your choice (1, 2, 3, etc)

Green Ballot Paper — Referendum".

(2) In the event that the Dáil bye-election is contested a polling card sent to an elector, whose name is on the register of electors for the county of Laoighis or the county of Offaly under section 64 of the Act of 1963 or under section 1 of the Referendum (Amendment) Act, 1984, shall contain, in addition to the statement set out in the Appendix to the said section 1, the following statement:—

"You will receive three ballot papers.

Blue Ballot Paper — Dáil Bye-Election

You may vote for the candidates in the order of your choice (1, 2, 3, etc)

White Ballot Paper — European Assembly Election

You may vote for the candidates in the order of your choice (1, 2, 3, etc)

Green Ballot Paper — Referendum"

and section 23 of the Act of 1963 shall not apply in relation to the Dáil bye-election.

(3) A polling card shall not be sent under Rule 28 of the Assembly election rules to an elector to whom a polling card is to be sent under section 64 of the Act of 1963.

 

7 Postal Voting.

7. (1) Where ballot papers and related documents are to be sent to a postal voter both under Rule 26 of the Assembly election rules and under section 20 of the Act of 1942, as amended by section 69 of the Act of 1963, the ballot papers and documents shall be enclosed in a single covering envelope addressed to the postal voter and a single covering envelope addressed to the local returning officer shall be provided for the return of the documents by the postal voter.

(2) The form of receipt for a ballot paper shall indicate whether it relates to the Assembly election, the Dáil bye-election or the referendum.

 

8 Polling on islands.

8. In relation to the referendum:

(a) section 65 of the Act of 1963 which provides for advance polling on islands because of weather or transport difficulties shall not apply;

(b) Rule 33 of the Assembly election rules, as modified by article 12 of these Regulations, shall apply in the same manner as it applies to the Assembly election.

 

9 Provisions relating to taking of poll.

9. The following provisions shall have effect in relation to the taking of the polls in a polling station:

(a) the same person shall be appointed to be the presiding officer at each poll;

(b) the same copy of the register of electors shall be used for each poll and the register shall be marked to indicate the poll or polls in respect of which a ballot paper is delivered to each elector;

(c) where one of the polls is the poll at the bye-election, a separate ballot box shall be provided for such poll and at the close of poll such box shall be delivered to the Dáil returning officer;

(d) the following questions shall be substituted for those set out in Rule 47(1)(b) of the Assembly election rules and sections 26(2)(b) and 70(2)(b) of the Act of 1963—

(i) Are you the same person as the person whose name appears as AB on the register of electors now in force for the county (county borough) of...............................................?

(ii) Have you already voted at this election? (or — at this referendum? — as the case may be)

(iii) Had you reached the age of eighteen years on the 15th day of April, 1984?

and (in the case only of a person who applies for an Assembly ballot paper)

(iv) Are you either or both of the following

(a) a citizen of Ireland,

(b) a national of a Member State of the European communities other than Ireland?

(e) the following oath (or affirmation) shall be substituted for the oath (or affirmation) set out in Rule 47(1)(c) of the Assembly election rules and section 26(2)(c) and 70(2)(c) of the Act of 1963.

"I swear by Almighty God (or — do solemnly, sincerely and truly declare and affirm — as the case may be) that I am the same person as the person whose name appears as AB on the register of electors now in force for the county (or county borough) of ...................... and that I have not already voted at this election (or — at this referendum — as the case may be) and that I had attained the age of eighteen years on 15th April, 1984 and (in the case only of a person who applies for an Assembly ballot paper) that I am a citizen of Ireland (or — a national of a Member State of the European Communities other than Ireland — or — both a citizen of Ireland and a national of a Member State of the European Communities other than Ireland — as the case may be)".

 

10 Bye-election ballot boxes.

10. Having opened the ballot boxes used at the Dáil bye-election in pursuance of Rule 22 of the Fifth Schedule to the Electoral Act, 1923, the Dáil returning officer shall—

(a) examine the ballot papers therein so as to ascertain if the ballot box contains any Assembly or referendum ballot papers;

(b) remove any Assembly or referendum ballot papers found in such box;

(c) place such Assembly ballot papers and referendum ballot papers in separate packets together with a statement showing in each case the number of papers enclosed in the packet and giving particulars of the ballot box in which each such ballot paper was found;

(d) seal each such packet and transmit it by hand to the local returning officer.

 

11 Arrangements in relation to ballot boxes other than bye-election boxes.

11. (1) The local returning officer shall specify the hour of 9 a.m. on the day next after the close of the poll as the day and time at which he will open the ballot boxes pursuant to Rule 51A of the Assembly election rules (inserted by section 7 (f) of the Act of 1984) and shall specify the same place appointed by him under Rule 23A of the First Schedule to the Act of 1942 (as substituted by section 78 of the Act of 1963) as the place at which the ballot boxes will be opened pursuant to the said Rule 51A.

(2) At the time and place appointed under sub-article (1) the local returning officer shall commence to open the ballot boxes and shall—

(a) deal with the Assembly ballot papers in accordance with the said Rule 51A and

(b) deal with the referendum ballot papers in accordance with the rules set out in the first Schedule to the Act of 1942.

(3) In the event of the Dáil bye-election being contested, the local returning officer for the county of Laoighis and the local returning officer for the county of Offaly having opened each ballot box in pursuance of the proceeding sub-article shall—

(a) examine the ballot papers therein so as to ascertain if the ballot box contains any bye-election ballot papers;

(b) remove any bye-election ballot papers found in the box;

(c) place such bye-election ballot papers in a packet together with a statement showing the number of papers enclosed in the packet and giving particulars of the ballot box in which each such ballot paper was found;

(d) seal each such packet and transmit it by hand to the returning officer for the Dáil constituency.

 

12 Modification of Act of 1977.

12. The Act of 1977 shall have effect as if in the First Schedule—

(a) "hour of 9 a.m. on the day next following the polling day" were substituted for "time appointed for the commencement of the count" in Rule 33(b);

(b) "hour of 9 a.m. on the day next following the polling day" were substituted for "time fixed by the Minister under section 6 of this Act for the commencement of the count" in Rule 48(3); and

(c) Rule 32 was deleted.

GIVEN under the Official Seal of the Minister for the Environment

 this 30th day of May, 1984.

LIAM KAVANAGH,

Minister for the Environment.

 

EXPLANATORY NOTE.

These regulations make certain provisions in relation to the European Assembly elections, the Dáil bye-election in the constituency of Laoighis/Offaly and the referendum on the Ninth Amendment of the Constitution in order to facilitate the taking of the polls on the same day.

 

 

 

S.I. No. 243 of 1983.

S.I. No. 243/1983: REFERENDUM (LOCAL RETURNING OFFICERS' CHARGES) REGULATIONS, 1983.

I, ALAN M. DUKES, Minister for Finance, in exercise of the powers conferred on me by section 12 (5) of the Referendum Act, 1942 (No. 8 of 1942) (as extended by section 64 (4) of the Electoral Act 1963, (No. 19 of 1963)), hereby make the following regulations:

 

1. These Regulations may be cited as the Referendum (Local Returning Officers' Charges) Regulations, 1983.

 

2. In these Regulations—

"accounts" means the accounts of a local returning officer in respect of services and expenses which have been properly rendered or incurred by him for the purposes of or in connection with a referendum;

"constituency" means any constituency named in the Schedule to the Electoral Amendment Act, 1980 (No. 17 of 1980);

"electors" means, in relation to the ascertainment of the maximum sum payable to a local returning officer, the number of persons registered in the register of Dáil electors for the constituency in respect of which he is the local returning officer.

 

3. The scale of maximum charges for—

( a ) the purposes of section 12 of the Referendum Act, 1942, (No. 8 of 1942), as extended by section 64 of the Electoral Act, 1963,

( b ) in the case of the referendum in relation to the Eighth Amendment of the Constitution Bill, 1982, the purposes of section 1 of the Referendum (Amendment) Act, 1983.

shall be the scale set out in the Schedule to these Regulations.

 

]4. (1) Accounts of a local returning officer in respect of services and expenses which have been properly rendered or incurred by him for the purposes of or in connection with a Referendum shall be rendered by such officer to the Minister for Finance by being sent to the Secretary, Department of Finance, Accounts Branch, Earl Court, Adelaide Road, Dublin 2, within the period of twenty-six weeks beginning on the day appointed, pursuant to section 8 of the Referendum Act, 1942 to be that on which the poll at the Referendum is to be taken, and such accounts shall be accompanied by a declaration in writing signed by such officer and in the following form:

"I hereby declare that, to the best of my knowledge and belief, the accounts which both are rendered by me in respect of the services and expenses rendered or incurred by me and accompany this declaration are correct.

Signed,

"

(2) In the case of disbursements in respect of claims for payment which have been settled by the local returning officer, vouchers and receipts shall be submitted with the accounts referred to in paragraph (1) of this regulation and in the case of claims which have not been so settled, the relevant bills or other documents shall be submitted with the said accounts.

(3) The accounts referred to in paragraph (1) of these regulations shall classify and show the disbursements and other charges claimed, together with their totals, in the same manner as the charges allowable under this Order are classified in the scale of maximum charges set out in the Schedule to this Order.

(4) In rendering the accounts referred to in paragraph (1) of this regulation the local returning officer shall, in addition to complying with the foregoing provisions of this regulation, have regard to any directions which for the time being stand issued by the Minister for Finance to local returning officers with reference to the particulars and information to be furnished in support of claims for payments out of the Central Fund.

 

5. Nothing in these Regulations shall be taken as authorising more than one charge in respect of a particular disbursement.

 

6. The Scale prescribed in the Referendum (Local Returning Officers' Charges) Regulations, 1979 (S.I. No. 229 of 1979), shall not apply to any referendum held after the making of these Regulations.

 

SCHEDULE

SCALE OF MAXIMUM CHARGES

 

PART I

Fees to Local Returning Officers

(1) For performing all the duties which a local returning officer is required by law to perform in connection with the referendum (other than the duties in connection with the matters specially provided for at paragraphs (2), (3) and (4) below):—

    £

For every complete 100 of the electors or fraction thereof

exceeding one-half;

Up to 30,000 electors ................................................................................... 1.50

Exceeding 30,000 but not exceeding 50,000 electors ................................... 0.91

Exceeding 50,000 electors ............................................................................ 0.70

Provided that where a person is a local returning officer for more than one constituency or for portions of more than one constituency, all the constituencies or portions of constituencies for which he is local returning officer shall, for the purposes of the foregoing provisions of this paragraph, be deemed to be a single constituency.

 

(2) For despatch and receipt of  ballot papers of postal voters and for despatch of polling cards to postal voters:

 

 

For every complete 100 postal voters, or fraction thereof exceeding one-half, on the register ........ ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 9.70

Subject to a minimum fee of ..................................................................... 19.50

 

(3) For all duties appertaining to the counting of the votes in the constituency:—

 

 

For the first 50,000 electors .......................................................................... 92.40

For each complete 5,000 electors or fraction thereof exceeding one half,

in excess of 50,000........... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2.94

 

(4) In the event of a recount of votes under Rule 26 of the First Schedule to the Referendum Act, 1942, there shall be paid in respect thereof such sum as may be authorised by the Minister for Finance based on (a) the time spent thereon and (b) remuneration for the original count.

(These fees cover any payments made to a deputy local returning officer for the discharge of any duties of a local returning officer which may be assigned to him).

 

Part II

Disbursements of Local Returning Officers

(5) Taking the poll

( a ) each presiding officer — to cover all expenses, other than travelling expenses and subsistence allowances authorised in this scale.                                               30.45

Provided that where the number of polling stations in a polling place exceeds four, £37.80 may be paid in the case of such one (and one only) of the presiding officers as may be designated by the local returning officer.

( b ) A local returning officer may appoint one emergency presiding officer in a constituency who may be paid a retaining fee of £15.00 to be increased to the full appropriate fee if he is necessarily employed as a presiding officer and in the case of a constituency not situate in one county only if it consists of parts situate in two counties, two emergency presiding officers may be so appointed and paid.

( c ) One poll clerk for each presiding officer.............................................. 19.50

(6) Counting of Votes

Up to 50,000 electors ....................................................................... 567.00

For each complete 1,000 electors in excess of 50,000 ............................... 5.67

(The total sum shall be divided at the discretion of the local returning officer between all competent persons appointed to assist him in counting the votes).

(7) Miscellaneous

( a ) clerical, legal and other assistance employed by the local returning officer for the purposes of the referendum — excluding any services for which payment is otherwise authorised by this scale — and for all expenses of the local returning officer not otherwise authorised by this scale.

For every complete 100 electors or fraction thereof

exceeding one-half ................................................................................................ 2.75

Provided that where a person performs the duties of a local returning officer for more than one constituency, or for portions of more than one constituency, all the constituencies or portions of constituencies for which he performs these duties shall, for the purposes of this sub-paragraph be deemed to be a single constituency. Together with, in respect of assistance as aforesaid employed by the local returning officer, £141 provided that where a local returning officer acts for more than one constituency, the additional sum payable in respect of each constituency after the first shall not exceed £71.

( b ) for the assistance of a special legal assessor employed by the local returning officer with the prior consent of the Minister for the Environment. Such sum as may be authorised by the Minister for Finance.

( c ) remuneration of persons engaged in the despatch and receipt of postal voters' ballot papers and despatch of polling cards to postal voters:

 

For every complete 100 postal voters or fraction thereof exceeding one-half on the register for the constituency.................................................................................. 9.70

Subject to a minimum of ................................................................... 19.50

( d ) local returning officers' travelling expenses where necessary to make arrangements for the poll or otherwise in connection with the conduct of the referendum. First-class railway expenses or, where rail service is not available actual and necessary cost subject to such conditions (if any) as may stand specified for the time being by the Minister for the Public Service and subject also to the proviso that an allowance under these Regulations in respect of any such cost shall not exceed the amount which would be payable under the Civil Service mileage rates which are for the time being in force were the allowance to be calculated at those rates, subsistence allowance at the rate of £11.05 a night if necessarily absent from home on account of duty (mileage expenses shall be calculated as though journeys were taken from the county courthouse of the constituency).

( e ) travelling expenses of presiding officers and poll clerks, excluding any expenses incurred in conveying the ballot boxes from the polling station to the place where the votes are counted. Standard-class railway expenses or, where rail service is not available, actual and necessary cost subject to the conditions and proviso mentioned in subparagraph (d) of this paragraph subsistence allowance at the rate of £3.56 a night if necessarily detained on account of duty after 10.30 p.m., or £5.03 a night if so detained after 12 midnight; together with, in the case of persons employed more than 15 miles from home who are necessarily detained on duty more than five hours, subsistence allowance at the rate of £2.34 per day.

( f ) travelling expenses of clerical or other assistance employed by the returning officer in connection with the conduct of the referendum.

( g ) conveying of polling screens, ballot boxes, ballot papers, etc., in connection with the referendum. Actual railway charges, or where rail service is not available, actual and necessary cost.

( h ) printing and publishing notices, etc., required in and about the referendum. Cost as charged by the Stationery Office, or where printing is arranged for by the local returning officer, the actual and necessary cost.

( i ) Use of any building or room for the purposes of the referendum. Actual and necessary expenses arising.

( j ) fitting up polling stations, including the provisions of voting compartments and the hire of necessary furniture. Cost as charged by the Office of Public Works, or, if the work is done locally, actual and necessary cost.

( k ) ballot boxes required to be purchased, hired or repaired.

 

Costs as charged by the Stationery Office.

( l ) stamping instruments required to be purchased, hired, altered or repaired.

( m ) stationery at polling stations.

( n ) general stationery, postage, telegrams and telephone messages. Actual and necessary cost.

 

GIVEN under my Official Seal, this 16th day of August, 1983.

ALAN M. DUKES,

Minister for Finance.

 

EXPLANATORY NOTE.

These regulations set out the scale of maximum charges for local returning officers in respect of a referendum.

 

 

 

S.I. No. 205 of 1979.

S.I. No. 205/1979: REFERENDA (SPECIAL DIFFICULTY) ORDER, 1979.

WHEREAS it appears to him that, by reason of the suspension of normal postal services, there is a special difficulty in relation to the holding of the referenda on the Sixth Amendment of the Constitution (Adoption) Bill, 1978, and the Seventh Amendment of the Constitution (Election of Members of Seanad Éireann by Institutions of Higher Education) Bill, 1979, the Minister for the Environment, in exercise of the powers conferred on him by section 92 of the Electoral Act, 1963 (No. 19 of 1963), hereby orders as follows:

 

1. This Order may be cited as the Referenda (Special Difficulty) Order, 1979.

 

2. In this Order—

"referendum returning officer" means the person appointed by the Minister for the Environment under section 6 of the Referendum Act, 1942, to be the referendum returning officer at the referenda on the proposals for the amendment of the Constitution in the Sixth Amendment of the Constitution (Adoption) Bill, 1978, and the Seventh Amendment of the Constitution (Election of Members of Seanad Éireann by Institutions of Higher Education) Bill, 1979:

"local returning officer" has the same meaning as in the Referendum Acts, 1942 to 1979;

"postal voter" means a person entitled to vote by post at a referendum;

"the Referenda" means the referenda to be held on the Sixth Amendment of the Constitution (Adoption) Bill, 1978, and the Seventh Amendment of the Constitution (Election of Members of Seanad Éireann by Institutions of Higher Education) Bill, 1979.

 

3. The provisions of the Referendum Acts, 1942 to 1979, and of the Regulations made under those Acts as respects giving public notice of the taking of a referendum and postal voting and polling cards are hereby adapted in relation to the Referenda as is set out in article 4 of this Order.

 

4. (1) The referendum returning officer may, in addition to such steps as may be taken by local returning officers for the purpose of complying with their obligations under rule 3 of the First Schedule to the Referendum Act, 1942, as amended by section 71 of the Electoral Act, 1963, give such public notice of the taking of a referendum as he considers appropriate.

(2) The ballot papers and the forms of receipt to be sent to postal voters shall be sent to them by post or in such other manner as the local returning officer considers appropriate.

(3) A postal voter may deliver or send his ballot paper by post or in any other manner to the local returning officer and a postal ballot paper which is received by the local returning officer before the close of the poll shall not be rejected solely on the grounds that it was not sent to the local returning officer by post.

(4) The local returning officer shall send to each postal voter an instruction that the ballot paper may be returned to him by post or in any other manner.

(5) The local returning officer, instead of sending a polling card to each elector, may take such steps as he considers appropriate for the purpose of informing electors of the polling day and of the place at which each elector will be entitled to vote.

(6) The referendum returning officer may take appropriate steps for the purpose of informing electors of the proposals contained in the Sixth Amendment of the Constitution (Adoption) Bill, 1978, and the Seventh Amendment of the Constitution (Election of Members of Seanad Éireann by Institutions of Higher Education) Bill, 1979, and, in particular, and without prejudice to the generality of this sub-article, he may cause to be published in such manner as he thinks fit the statement set out in the Appendix to section 1 of the Referendum (Amendment) Act, 1979, (No. 10 of 1979).

(7) The Referenda shall not be invalidated by reason of any failure to comply with the requirements of paragraphs (2) or (3) of rule 3, or of rule 4, of the First Schedule to the Referendum Act, 1942.

 

GIVEN under the Official Seal of the Minister for the Environment this 15th day of June, 1979.

SYLVESTER BARRETT

Minister for the Environment,

 

EXPLANATORY NOTE.

This Order makes provision in respect of certain difficulties which have arisen, by reason of the suspension of normal postal services, in relation to the holding of the Referenda on the Sixth Amendment of the Constitution (Adoption) Bill, 1978, and the Seventh Amendment of the Constitution (Election of Members of Seanad Éireann by Institutions of Higher Education) Bill, 1979.

 

 

 

S.I. No. 209 of 1979.

S.I. No. 209/1979: REFERENDUM (LOCAL RETURNING OFFICERS' CHARGES) REGULATIONS, 1979.

I, SEOIRSE Ó COLLA, Minister for Finance, in exercise of the powers conferred on me by section 12 (5) of the Referendum Act, 1942 (No. 8 of 1942) (as extended by section 64 (4) of the Electoral Act, 1963 (No. 19 of 1963), and section 91 (5) of the said Electoral Act, 1963) hereby make the following regulations:

 

1. These Regulations may be cited as the Referendum (Local Returning Officers' Charges) Regulations, 1979.

 

2. In these Regulations—

"accounts" means the accounts of a local returning officer in respect of services and expenses which have been properly rendered or incurred by him for the purposes of or in connection with a referendum:

"constituency" means a constituency for the purpose of taking the poll at a referendum referred to in section 17 of the Referendum (Amendment) Act, 1979;

"electors" means, in relation to the ascertainment of the maximum sum payable to a local returning officer, the number of persons registered in the register of Dáil electors for the constituency in respect of which he is the local returning officer.

 

3. The scale of maximum charges for—

( a ) the purposes of section 12 of the Referendum Act, 1942, as extended by section 64 of the Electoral Act, 1963,

( b ) the purposes of section 91 of the said Electoral Act, 1963, and

( c ) in the case of the referenda in relation to the Sixth Amendment of the Constitution (Adoption) Bill, 1978, and the Seventh Amendment of the Constitution (Election of Members of Seanad Eireann by Institutions of Higher Education) Bill, 1979, the purposes of section 1 of the Referendum (Amendment) Act, 1979,

shall be the scale set out in the Schedule to this Order.

 

4. Nothing in these Regulations shall be taken as authorising more than one charge in respect of a particular disbursement.

SCHEDULE

(A) FEES TO LOCAL RETURNING OFFICER

(1) For performing all the duties which a local returning officer is required by law to perform in connection with the referenda specified in 3 (c) of those Regulations (other than the duties in connection with the matters specially provided for at paragraphs (2), (3) and (4) below):—

For every complete 100 of the electors—

    £

Up to 150,000 electors ... ... ... ... 0.76

exceeding 150,000 electors ... ... ... ... 0.30

Provided that where a person is a local returning officer for more than one constituency or for portions of more than one constituency, all the constituencies or portions of constituencies for which he is local returning officer shall, for the purposes of the foregoing provisions of this paragraph, be deemed to be a single constituency.

(2) For despatch and receipt of ballot papers of postal voters and for despatch of polling cards to postal voters.

For every complete 100 postal voters or fraction thereof exceeding one-half on the register ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 7.00

(3) For all duties appertaining to the counting of the votes in the constituency: —

Up to 50,000 electors ... ... ... ... ... 60.00

For each complete 5,000 electors or fraction thereof exceeding

one half over 50,000 ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..3.00

(4) In the event of a recount of votes under Rule 26 of the First Schedule to the Referendum Act, 1942, there shall be paid in respect thereof such sum as may be authorised by the Minister for Finance based on (a) the time spent thereon and (b) remuneration for the original count.

(These fees cover any payments made to a deputy local returning officer for the discharge of any duties of a local returning officer which may be assigned to him).

 

(B) DISBURSEMENTS OF LOCAL RETURNING OFFICER

(1) Taking the poll

( a ) each presiding officer—to cover all expenses, other than travelling expenses and subsistence allowances authorised in this scale £25.00

Provided that where the number of polling stations in a polling place exceeds four, £31 may be paid in the case of such one (and one only) of the presiding officers as may be designated by the local returning officer.

( b ) A local returning officer may appoint one emergency presiding officer in a constituency who may be paid a retaining fee of £10.00 to be increased to the full appropriate fee if he is necessarily employed as a presiding officer.

( c ) Each poll clerk

Where there are two poll clerks ... ... 14.00

Where there is one poll clerk ... ... ... 17.00

 

(2) Counting of Votes

Up to 30,000 electors ... ... ... ... ... 600.00

For each complete 1,000 electors over 30,000  ... ... 6.60

(The total sum shall be divided at the discretion of the local returning officer between all competent persons appointed to assist him in counting the votes).

(3) Miscellaneous

( a ) clerical, legal and other assistance employed by the local returning officer for the purposes of the referenda—excluding any services for which payment is otherwise authorised by this scale—and for all expenses of the local returning officer.

For every complete 100 electors or fraction thereof exceeding one-half in the constituency— ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 0.65

Provided that where a person performs the duties of a returning officer for more than one constituency, or for portions of more than one constituency, all the constituencies or portions of constituencies for which he performs these duties shall, for the purposes of this sub-paragraph be deemed to be a single constituency:

together with, in respect of assistance as aforesaid employed by the local returning officer, £100 provided that where a local returning officer acts for more than one constituency, the additional sum payable in respect of each constituency after the first shall not exceed £70.

( b ) expenses incurred in complying with section 64 of the Electoral Act, 1963—

For every complete 100 electors or fraction thereof exceeding one half in the constituency ... ... 1.25

( c ) for the assistance of a special legal assessor employed by the local returning officer with the prior consent of the Minister for Local Government. Such sum as may be authorised by the Minister for Finance.

( d ) remuneration of persons engaged in the despatch and receipt of postal voters' ballot papers—

    £

For every complete 100 postal voters or fraction

thereof exceeding one-half on the register for the constituency ... ... ... ... ... ... ... 7.00

( e ) local returning officer's or deputy local returning officer's travelling expenses where necessary to make arrangements for the poll or otherwise in connection with the conduct of the referenda.

First-class railway expenses or, where rail service is not available, mileage rates in accordance with DPS Circular 32/78.

Subsistence

For absences from home

for more than 5 hours ... ... ... ... ... 2.30

for more than 10 hours ... ... ... ... 5.60

overnight ... ... ... ... ... ... 14.80

( f ) travelling expenses of presiding officers and poll clerks, excluding any expenses incurred in conveying the ballot boxes from the polling station to the place where the votes are counted.

Standard class railway fare, or, where rail services are not available, actual and necessary cost in the case of persons employed more than 15 miles from home.

Subsistence allowance at £1.50 where detained after 10.30 p.m. or £2.10 where detained after midnight.

( g ) travelling expenses of clerical or other assistance employed by the local returning officer or deputy local returning officer in connection with the conduct of the referenda. Standard class railway fare or actual and necessary cost.

 

( h ) conveying of polling screens, ballot boxes, ballot papers, etc., in connection with the referenda. Actual railway charges, or where rail service is not available, actual and necessary cost.

( i ) printing and publishing notices, etc., required in and about the referenda. Cost as charged by the Stationery Office, or where printing is arranged for by the local returning officer, the actual and necessary cost.

( j ) use of any building or room for the purposes of the referenda. Actual and necessary expenses arising.

( k ) fitting up polling stations, including the provision of voting compartments and the hire of necessary furniture.

( l ) ballot boxes required to be purchased, hired or repaired. Cost as charged by the Office of Public Works, or, if the work is done locally, actual and necessary cost.

( m ) stamping instruments required to be purchased, hired, altered or repaired. Cost as charged by the Stationery Office.

( n ) stationery at polling stations.

( o ) general stationery, postage, telegrams and telephone messages. Actual and necessary cost.

 

(4) In the event of a recount of votes under Rule 26 of the First Schedule of the Referendum Act, 1942, there shall be paid in respect thereof such sum as may be authorised by the Minister for Finance based on (a) the time spent thereon and (b) remuneration for the original count.

GIVEN under my Official Seal, this 15th day of June, 1979.

SEOIRSE Ó COLLA.

Minister for Finance.

 

EXPLANATORY NOTE.

These regulations set out the scale of maximum charges for local returning officers in respect of two referenda held on the same day.

 

 

 

S.I. No. 209 of 1979.

S.I. No. 209/1979: REFERENDUM (LOCAL RETURNING OFFICERS' CHARGES) REGULATIONS, 1979.

I, SEOIRSE Ó COLLA, Minister for Finance, in exercise of the powers conferred on me by section 12 (5) of the Referendum Act, 1942 (No. 8 of 1942) (as extended by section 64 (4) of the Electoral Act, 1963 (No. 19 of 1963), and section 91 (5) of the said Electoral Act, 1963) hereby make the following regulations:

 

1. These Regulations may be cited as the Referendum (Local Returning Officers' Charges) Regulations, 1979.

 

2. In these Regulations—

"accounts" means the accounts of a local returning officer in respect of services and expenses which have been properly rendered or incurred by him for the purposes of or in connection with a referendum:

"constituency" means a constituency for the purpose of taking the poll at a referendum referred to in section 17 of the Referendum (Amendment) Act, 1979;

"electors" means, in relation to the ascertainment of the maximum sum payable to a local returning officer, the number of persons registered in the register of Dáil electors for the constituency in respect of which he is the local returning officer.

 

3. The scale of maximum charges for—

( a ) the purposes of section 12 of the Referendum Act, 1942, as extended by section 64 of the Electoral Act, 1963,

( b ) the purposes of section 91 of the said Electoral Act, 1963, and

( c ) in the case of the referenda in relation to the Sixth Amendment of the Constitution (Adoption) Bill, 1978, and the Seventh Amendment of the Constitution (Election of Members of Seanad Eireann by Institutions of Higher Education) Bill, 1979, the purposes of section 1 of the Referendum (Amendment) Act, 1979,

shall be the scale set out in the Schedule to this Order.

 

4. Nothing in these Regulations shall be taken as authorising more than one charge in respect of a particular disbursement.

 

SCHEDULE

(A) FEES TO LOCAL RETURNING OFFICER

(1) For performing all the duties which a local returning officer is required by law to perform in connection with the referenda specified in 3 (c) of those Regulations (other than the duties in connection with the matters specially provided for at paragraphs (2), (3) and (4) below):—

For every complete 100 of the electors—

    £

Up to 150,000 electors ... ... ... ... 0.76

exceeding 150,000 electors ... ... ... ... 0.30

Provided that where a person is a local returning officer for more than one constituency or for portions of more than one constituency, all the constituencies or portions of constituencies for which he is local returning officer shall, for the purposes of the foregoing provisions of this paragraph, be deemed to be a single constituency.

(2) For despatch and receipt of ballot papers of postal voters and for despatch of polling cards to postal voters.

For every complete 100 postal voters or fraction thereof exceeding one-half on the register ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 7.00

(3) For all duties appertaining to the counting of the votes in the constituency: —

Up to 50,000 electors ... ... ... ... ... 60.00

For each complete 5,000 electors or fraction thereof exceeding

one half over 50,000 ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 3.00

(4) In the event of a recount of votes under Rule 26 of the First Schedule to the Referendum Act, 1942, there shall be paid in respect thereof such sum as may be authorised by the Minister for Finance based on (a) the time spent thereon and (b) remuneration for the original count.

(These fees cover any payments made to a deputy local returning officer for the discharge of any duties of a local returning officer which may be assigned to him).

 

(B) DISBURSEMENTS OF LOCAL RETURNING OFFICER

(1) Taking the poll

( a ) each presiding officer—to cover all expenses, other than travelling expenses and subsistence allowances authorised in this scale £25.00

Provided that where the number of polling stations in a polling place exceeds four, £31 may be paid in the case of such one (and one only) of the presiding officers as may be designated by the local returning officer.

( b ) A local returning officer may appoint one emergency presiding officer in a constituency who may be paid a retaining fee of £10.00 to be increased to the full appropriate fee if he is necessarily employed as a presiding officer.

( c ) Each poll clerk

Where there are two poll clerks ... ... 14.00

Where there is one poll clerk ... ... ... 17.00

(2) Counting of Votes

Up to 30,000 electors ... ... ... ... ... 600.00

For each complete 1,000 electors over 30,000 ... ... 6.60

(The total sum shall be divided at the discretion of the local returning officer between all competent persons appointed to assist him in counting the votes).

(3) Miscellaneous

( a ) clerical, legal and other assistance employed by the local returning officer for the purposes of the referenda—excluding any services for which payment is otherwise authorised by this scale—and for all expenses of the local returning officer.

For every complete 100 electors or fraction thereof exceeding one-half in the constituency— ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 0.65

Provided that where a person performs the duties of a returning officer for more than one constituency, or for portions of more than one constituency, all the constituencies or portions of constituencies for which he performs these duties shall, for the purposes of this sub-paragraph be deemed to be a single constituency:

together with, in respect of assistance as aforesaid employed by the local returning officer, £100 provided that where a local returning officer acts for more than one constituency, the additional sum payable in respect of each constituency after the first shall not exceed £70.

( b ) expenses incurred in complying with section 64 of the Electoral Act, 1963—

For every complete 100 electors or fraction thereof exceeding one half in the constituency ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 1.25

( c ) for the assistance of a special legal assessor employed by the local returning officer with the prior consent of the Minister for Local Government. Such sum as may be authorised by the Minister for Finance.

( d ) remuneration of persons engaged in the despatch and receipt of postal voters' ballot papers—

    £

For every complete 100 postal voters or fraction

thereof exceeding one-half on the register for the constituency ... ... ... ... ... ... ... ... 7.00

( e ) local returning officer's or deputy local returning officer's travelling expenses where necessary to make arrangements for the poll or otherwise in connection with the conduct of the referenda.

First-class railway expenses or, where rail service is not available, mileage rates in accordance with DPS Circular 32/78.

Subsistence

For absences from home

for more than 5 hours ... ... ... ... ... 2.30

for more than 10 hours ... ... ... ... 5.60

overnight ... ... ... ... ... ... 14.80

( f ) travelling expenses of presiding officers and poll clerks, excluding any expenses incurred in conveying the ballot boxes from the polling station to the place where the votes are counted.

Standard class railway fare, or, where rail services are not available, actual and necessary cost in the case of persons employed more than 15 miles from home.

Subsistence allowance at £1.50 where detained after 10.30 p.m. or £2.10 where detained after midnight.

( g ) travelling expenses of clerical or other assistance employed by the local returning officer or deputy local returning officer in connection with the conduct of the referenda. Standard class railway fare or actual and necessary cost.

 

 

( h ) conveying of polling screens, ballot boxes, ballot papers, etc., in connection with the referenda. Actual railway charges, or where rail service is not available, actual and necessary cost.

( i ) printing and publishing notices, etc., required in and about the referenda. Cost as charged by the Stationery Office, or where printing is arranged for by the local returning officer, the actual and necessary cost.

( j ) use of any building or room for the purposes of the referenda. Actual and necessary expenses arising.

( k ) fitting up polling stations, including the provision of voting compartments and the hire of necessary furniture.

( l ) ballot boxes required to be purchased, hired or repaired. Cost as charged by the Office of Public Works, or, if the work is done locally, actual and necessary cost.

( m ) stamping instruments required to be purchased, hired, altered or repaired. Cost as charged by the Stationery Office.

( n ) stationery at polling stations.

( o ) general stationery, postage, telegrams and telephone messages. Actual and necessary cost.

 

(4) In the event of a recount of votes under Rule 26 of the First Schedule of the Referendum Act, 1942, there shall be paid in respect thereof such sum as may be authorised by the Minister for Finance based on (a) the time spent thereon and (b) remuneration for the original count.

GIVEN under my Official Seal, this 15th day of June, 1979.

SEOIRSE Ó COLLA.

Minister for Finance.

 

EXPLANATORY NOTE.

These regulations set out the scale of maximum charges for local returning officers in respect of two referenda held on the same day.

 

 

 

S.I. No. 162 of 1974.

S.I. No. 162/1974: REGISTRATION COUNCIL (CONSTITUTION AND PROCEDURE) (AMENDMENT) RULES, 1974.

I, RICHARD BURKE, Minister for Education, in exercise of the powers conferred on me by sections 1 and 3 of the Intermediate Education (Ireland) Act, 1914, as adapted, hereby make the following rules:

 

1. (1) These Rules may be cited as the Registration Council (Constitution and Procedure) (Amendment) Rules, 1974.

(2) The Registration Council (Constitution and Procedure) Rules, 1926 to 1968, and these Rules shall be construed together and may be cited together as the Registration Council (Constitution and Procedure) Rules, 1926 to 1974.

(3) These Rules shall come into operation on the 1st day of June, 1974.

 

2. (1) In these Rules "the Principal Rules" means the Registration Council (Constitution and Procedure) Rules, 1926 (S. R. & O., No. 17 of 1926).

(2) The Interpretation Act, 1937 (No. 38 of 1937) applies to these Rules.

 

3. The Principal Rules are hereby amended by:

(a) the substitution in Rule 3 of "nineteen" and "seventeen" for "eighteen" and "sixteen" (inserted by the Registration Council (Constitution and Procedure) Rules, 1962 (S.I. No. 200 of 1962), respectively, and accordingly the said Rule 3 shall have effect as set out in the Table to this Rule, and

( b ) the substitution for the Schedule thereto of the Schedule to these Rules.

 

TABLE.

The Council shall consist of nineteen members of whom two shall be appointed by the Minister and seventeen shall be appointed by the appointing bodies in the numbers respectively set opposite the name of each such appointing body in the second column of the Schedule to these Rules.

 

4. The persons who, immediately before the commencement of these Rules, were the members of the Council appointed by the Managers of the Roman Catholic Diocesan Schools, the Managers of the Roman Catholic Convent Intermediate Schools, the Education Committee of the Teaching Brothers' Association, the Schoolmasters' Association and the Central Association of Irish School Mistresses and other Ladies interested in Education shall, on such commencement, cease to be members of the Council in those capacities and shall become the members of the Council appointed by the Diocesan Colleges' Association, the Conference of Convent Secondary Schools, the Teaching Brothers' Association, the Irish Schoolmasters' Association and the Association of Irish Headmistresses respectively.

GIVEN under my Official Seal, this 28th day of May, 1974.

RICHARD BURKE.

SCHEDULE.

PART I.

 

 

Appointing Body Number to be appointed

The Catholic Headmasters' Association One

The Diocesan Colleges' Association One

The Conference of Convent Secondary Schools One

The Teaching Brothers Association One

The Irish Schoolmasters' Association One

The Association of Secondary Teachers, Ireland Four

The Association of Irish Headmistresses One

The Irish National Teachers' Organisation One

The Teachers' Union of Ireland One

 

PART II.

 

 

The Governing Body of Trinity College, Dublin (University of Dublin) One

The Governing Body of University College, Dublin (National University of Ireland). One

The Governing Body of University College, Cork National University of Ireland). One

The Governing Body of University College, Galway (National University of Ireland). One

The Governing Body of the Royal College of St. Patrick, Maynooth One

 

EXPLANATORY NOTE.

These amending Rules provide for

(i) An additional representative on the Registration Council to be appointed by the Association of Secondary Teachers, Ireland.

(ii) A representative on the Registration Council to be appointed by the Teachers' Union of Ireland.

(iii) The removal of the Irish Union of Assistant-mistresses from the list of appointing bodies to the Registration Council as that body has ceased to exist.

(iv) An alteration of title in the case of five of the appointing bodies.

 

 

 

[S.I. No. 279 of 1972.

S.I. No. 279/1972: REFERENDUM (LOCAL RETURNING OFFICERS' CHARGES AND ACCOUNTS) (NO. 2) REGULATIONS, 1972.

I, SEOIRSE Ó COLLA, Minister for Finance, in exercise of the powers conferred on me by section 12 (5) of the Referendum Act, 1942 (No. 8 of 1942) (as extended by section 64 (4) of the Electoral Act, 1963 (No. 19 of 1963), and section 91 (5) of the said Electoral Act, 1963, hereby make the following regulations :

[1. These Regulations may be cited as the Referendum (Local Returning Officers' Charges and Accounts) (No. 2) Regulations, 1972.

[2. In these Regulations—

"electors" means, in relation to the ascertainment of the maximum sum payable to a local returning officer, the number of persons registered in the register of Dáil electors for the constituency in respect of which he is the local returning officer;

"accounts" means the accounts of a local returning officer in respect of services and expenses which have been properly rendered or incurred by him for the purposes of or in connection with a referendum.

[3. The scale of maximum charges for—

(a) the purposes of section 12 of the Referendum Act, 1942, as extended by section 64 of the Electoral Act, 1963,

(b) the purposes of section 91 of the said Electoral Act, 1963, and

(c) in the case of the referenda in relation to the Fourth Amendment of the Constitution Bill, 1972, and the Fifth Amendment of the Constitution Bill, 1972, for the purposes of section 1 of the Referendum (Amendment) Act, 1972,

shall be the scale set out in the Schedule to these Regulations.

[4. The accounts shall be rendered to the Minister for Finance within a period of six weeks from polling day by being addressed and sent to the Secretary, Department of Finance. Government Buildings, Upper Merrion Street, Dublin 2.

[5. The accounts shall be accompanied by a declaration made and subscribed by the local returning officer rendering them and every such declaration shall be in the following form :

  I declare that the accounts rendered by me in respect of my services and disbursements are correct to the best of my knowledge and belief.

  (Signed)..............................................................................

[6. In the case of disbursements which have been already settled, vouchers and receipts shall be submitted with the accounts and, in the case of charges which have not been settled, the relevant bills shall be submitted with the accounts.

[7. The accounts shall be prepared in such form as shows the items of expenditure and the total thereof under each of the various headings specified in the appropriate scale of maximum charges.

[8. In rendering the accounts due regard shall be had to any directions issued by the Minister for Finance to local returning officers with reference to the particulars and information to be furnished in support of claims for payment out of the Central Fund.

[9. Nothing in these Regulations shall be taken as authorising more than one charge in respect of a particular disbursement.

[10. The scale of maximum charges to be paid to local returning officers prescribed by the Referendum (Local Returning Officers' Charges and Accounts) Regulations, 1972 (S.I. No. 104 of 1972), shall not apply to any referendum the poll at which is taken after the making of these Regulations.

SCHEDULE.

(A)—FEES TO LOCAL RETURNING OFFICER WHO IS NOT A COUNTY REGISTRAR.

(1) For performing all the duties which a local returning officer is required by law to perform in connection with the referenda (other than the duties in connection with the matters specially provided for at paragraphs (2), (3) and (4) below):—

 

 

For every complete 100 of the electors— £

Up to 150,000 electors ... ... ... ... ... ... 0·38

exceeding 150,000 electors ... ... ... ... ... 0·15

Provided that where a person is a local returning officer for more than one constituency or for portions of more than one constituency, all the constituencies or portions of constituencies for which he is local returning officer shall, for the purposes of the foregoing provisions of this paragraph, be deemed to be a single constituency.

(2) For despatch and receipt of ballot papers of postal voters and for despatch of polling cards to postal voters.

For every complete 100 postal voters or fraction thereof exceeding one-half on the register ... ... ... ... ... 6·00

(3) For all duties appertaining to the counting of the votes in the constituency:—

Up to 50,000 electors ... ... ... ... ... ... 30·00

For each complete 5,000 electors or fraction thereof exceeding one half over 50,000 ... ... ... ... ... ... ... 1·50

(4) In the event of a recount of votes under Rule 26 of the First Schedule to the Referendum Act, 1942, there shall be paid in respect thereof such sum as may be authorised by the Minister for Finance based on (a) the time spent thereon and (b) remuneration for the original count.

(These fees cover any payments made to a deputy local returning officer for the discharge of any duties of a local returning officer which may be assigned to him.)

 

(B)—DISBURSEMENTS OF LOCAL RETURNING OFFICER.

 

 

(1) Taking the poll

(a) each presiding officer—to cover all expenses, other than travelling expenses and subsistence allowances authorised in this scale ... ... ... ... ... ... ... 12·00

  Provided that where the number of polling stations in a polling place exceeds four, £14·00 may be paid in the case of such one (and one only) of the presiding officers as may be designated by the local returning officer.

(b) A local returning officer may appoint one emergency presiding officer in a constituency who may be paid a retaining fee of £5·00 to be increased to the full appropriate fee if he is necessarily employed as a presiding officer, and in the case of a constituency not situate in one county only, if it consists of parts situate in two counties, two emergency presiding officers may be so appointed and paid and if it consists of parts situate in three counties, three emergency presiding officers may be so appointed and paid.

(c) If only one poll clerk employed ... ... ... ... ... 6·55

(d) If two poll clerks necessarily employed ... ... ... 5·25

each

(2) Counting of Votes

Up to 30,000 electors ... ... ... ... ... ... ... 300·000

For each complete 1,000 electors over 30,000 ... ... ... ... 3·30

(The total sum shall be divided at the discretion of the local returning officer between all competent persons appointed to assist him in counting the votes.)

(3) Miscellaneous

(a) clerical, legal and other assistance employed by the local returning officer for the purposes of the referenda—excluding any services for which payment is otherwise authorised by this scale—and for all expenses of the local returning officer (including, in particular, expenses incurred in complying with section 64 of the Electoral Act, 1963, and with Section 1 of the Referendum (Amendment) Act, 1972) not so authorised—

For every complete 100 electors or fraction thereof exceeding one-half in the constituency—

Up to 20,000 electors ... ... ... ... ... ... 0·85

Exceeding 20,000 electors but not exceeding 150,000 electors ... 0·75

Exceeding 150,000 electors ... ... ... ... ... ... 0·70

Provided that where a person performs the duties of a returning officer for more than one constituency, or for portions of more than one constituency, all the constituencies or portions of constituencies for which he performs those duties shall, for the purposes of this sub-paragraph be deemed to be a single constituency;

together with, in respect of assistance as aforesaid employed by the local returning officer, £50; provided that where a local returning officer acts for more than one constituency, the additional sum payable in respect of each constituency after the first shall not exceed £35.

(b) for the assistance of a special legal assessor employed by the local returning officer with the prior consent of the Minister for Local Government Such sum as may be authorised by the Minister for Finance

(c) remuneration of persons engaged in the despatch and receipt of postal voters' ballot papers—

For every complete 100 postal voters or fraction thereof exceeding one-half on the register for the constituency ... 6·00

(d) local returning officer's or deputy local returning officer's travelling expenses where necessary to make arrangements for the poll or otherwise in connection with the conduct of the referenda. First-class railway expenses or, where rail service is not available, actual and necessary cost, with subsistence allowance at the rate of £2·25 a night if necessarily absent from home on account of duty. (Mileage expenses shall be calculated as though journeys were taken from the county courthouse of the constituency).

(e) travelling expenses of presiding officers and poll clerks, excluding any expenses incurred in conveying the ballot boxes from the polling station to the place where the votes are counted. Standard-class railway expenses, or, where rail service is not available, actual and necessary cost, with subsistence allowance at the rate of £0·75 a night if necessarily detained on account of duty after 10·30 p.m., and £1·05 a night if so detained after 12 midnight, together with, in the case of persons employed more than 15 miles from home who are necessarily detained on duty more than seven hours, subsistence allowance at the rate of £0·64 a day.

(f) travelling expenses of clerical or other assistance employed by the local returning officer or deputy local returning officer in connection with the conduct of the referenda.

(g) conveying of polling screens, ballot boxes, ballot papers, etc., in connection with the referenda. Actual railway charges, or where rail service is not available, actual and necessary cost.

(h) printing and publishing notices, etc., required in and about the referenda. Cost as charged by the Stationery Office, or where printing is arranged for by the local returning officer, the actual and necessary cost.

(i) use of any building or room for the purposes of the referenda. Actual and necessary expenses arising.

(j) fitting up polling stations, including the provision of voting compartments and the hire of necessary furniture. Cost as charged by the Office of Public Works, or, if the work is done locally actual and necessary cost.

(k) ballot boxes required to be purchased, hired or repaired.

(l) stamping instruments required to be purchased, hired, altered or repaired. Cost as charged by the Stationery Office.

(m) stationery at polling stations.

(n) general stationery, postage, telegrams and telephone messages. Actual and necessary cost.

 

(4) In the event of a recount of votes under Rule 26 of the First Schedule of the Referendum Act, 1942, there shall be paid in respect thereof such sum as may be authorised by the Minister for Finance based on

(a) the time spent thereon and (b) remuneration for the original count.

GIVEN under my Official Seal, this 14th day of November, 1972.

SEOIRSE Ó COLLA,

Minister for Finance.

EXPLANATORY NOTE

These regulations set out the scale of maximum charges for local returning officers in respect of referenda.

 

 

 

 

[S.I. No. 140 of 1968.

S.I. No. 140/1968: REGISTRATION COUNCIL (CONSTITUTION AND PROCEDURE) (AMENDMENT) RULES, 1968.

I, BRIAN LENIHAN, Minister for Education, in exercise of the powers conferred on me by sections 1 and 3 of the Intermediate Education (Ireland) Act, 1914, as adapted, hereby make the following rules:

[1. (1) These Rules may be cited as the Registration Council (Constitution and Procedure) (Amendment) Rules, 1968.

(2) The Registration Council (Constitution and Procedure) (Amendment) Rules, 1926 to 1962, and these Rules shall be construed together and may be cited together as the Registration Council (Constitution and Procedure) Rules, 1926 to 1968.

(3) These Rules shall come into operation on the 1st day of June, 1968.

[2. (1) In these Rules "the Principal Rules" means the Registration Council (Constitution and Procedure) Rules, 1926, (S.R. & O., No. 17 of 1926).

(2) The Interpretation Act, 1937, (No. 38 of 1937) applies to these Rules.

[3. (1) The Principal Rules are hereby amended by the substitution in Part 1 of the Schedule of "The Education Committee of the Teaching Brothers' Association" for "The Education Committee of the Christian Brothers".

(2) Accordingly the person who, immediately before the commencement of these Rules, was the member of the Council appointed by The Education Committee of the Christian Brothers shall, on such commencement, cease to be a member of the Council.

GIVEN under my Official Seal this 10th day of June, 1968.

BRIAN Ó LUINEACHÁIN.

 

 

[S.I. No. 195 of 1968.

S.I. No. 195/1968: REFERENDUM (LOCAL RETURNING OFFICERS' CHARGES AND ACCOUNTS) REGULATIONS, 1968.

I, CHARLES J. HAUGHEY, Minister for Finance, in exercise of the powers conferred on me by section 12 (5) of the Referendum Act, 1942 (No. 8 of 1942) (as extended by section 64 (4) of the Electoral Act, 1963 (No. 19 of 1963)), and section 91 of the said Electoral Act, 1963, hereby make the following regulations:

[1. These Regulations may be cited as the Referendum (Local Returning Officers' Charges and Accounts) Regulations, 1968.

[2. In these Regulations—

" electors " means, in relation to the ascertainment of the maximum sum payable to a local returning officer, the number of persons registered in the register of Dáil electors for the constituency in respect of which he is the local returning officer;

" accounts " means the accounts of a local returning officer in respect of services and expenses which have been properly rendered or incurred by him for the purposes of or in connection with a referendum or, when the polls at two referenda are taken on the same day, for the purposes of or in connection with those referenda.

[3. The scale of maximum charges for the purposes of section 12 of the Referendum Act, 1942, as extended by section 64 of the Electoral Act, 1963, and, in the case of the referenda in relation to the Third Amendment of the Constitution Bill, 1968, and the Fourth Amendment of the Constitution Bill, 1968, section 1 of the Referendum (Amendment) Act, 1968, shall be the scale set out in the First Schedule to these Regulations.

[4. In case the polls at the referenda in relation to the Third Amendment of the Constitution Bill, 1968, and the Fourth Amendment of the Constitution Bill, 1968, are taken on the same day, the scale of maximum charges for the purposes of section 12 of the Referendum Act, 1942 (as extended by sections 64 of the Electoral Act, 1963, and, in the case of those referenda, section 1 of the Referendum (Amendment) Act, 1968) and the said section 91 shall be the scale set out in the Second Schedule to these regulations.

[5. The accounts shall be rendered to the Minister for Finance within a period of six weeks from polling day by being addressed and sent to the Secretary, Department of Finance, Upper Merrion Street, Dublin 2.

[6. The accounts shall be accompanied by a declaration made and subscribed by the local returning officer rendering them and every such declaration shall be in the following form:

I declare that the accounts rendered by me in respect of my services and disbursements are correct to the best of my knowledge and belief.

(Signed)__________________________

[7. In the case of disbursements which have been already settled, vouchers and receipts shall be submitted with the accounts and, in the case of charges which have not been settled, the relevant bills shall be submitted with the accounts.

[8. The accounts shall be prepared in such form as shows the items of expenditure and the total thereof under each of the various headings specified in the appropriate scale of maximum charges.

[9. In rendering the accounts due regard shall be had to any directions issued by the Minister for Finance to local returning officers with reference to the particulars and information to be furnished in support of claims for payment out of the Central Fund.

[10. Nothing in these Regulations shall be taken as authorising more than one charge in respect of a particular disbursement.

[11. The scale of maximum charges to be paid to local returning officers prescribed by the Referendum and Presidential Elections (Local Returning Officers' Charges and Accounts) Regulations, 1959 (S.I. No. 81 of 1959), shall not apply to any referendum the poll at which is taken after the making of these Regulations.

FIRST SCHEDULE

(A)—FEES TO LOCAL RETURNING OFFICER WHO IS NOT A COUNTY REGISTRAR.

(1) For performing all the duties which a local returning officer is required by law to perform in connection with a referendum (other than duties in connection with the matters specially provided for at paragraphs (2), (3) and (4) below):—

 

 

As respects a borough constituency :— 

For every complete 100 of the electors:— 

£ s. d.

up to 75,000 electors .. .. .. .. ..    5    0

exceeding 75,000 electors .. .. .. .. ..    2    6

Provided that where a person is a local returning officer for more than one borough constituency, all the borough constituencies for which he is local returning officer shall, for the purposes of the foregoing provisions of this paragraph, be deemed to be a single borough constituency. 

As respects any other constituency :—

For every complete 100 of the electors .. .. ..    5   6

(2) For despatch and receipt of ballot papers of postal voters and for despatch of polling cards to postal voters :— 

For every complete 100 postal voters or fraction thereof exceeding  

one-half on the register .. .. .. .. .. .. 2     5    0

subject to a minimum of .. .. .. .. .. .. 2     5    0

(3) For all duties appertaining to the counting of the votes in the constituency :— 

Up to 50,000 electors .. .. .. .. .. .. 15    0   0

For each complete 5,000 electors over 50,000 .. .. .. 15   0

(4) In the event of a recount of votes under Rule 26 of the First Schedule to the Referendum Act, 1942, there shall be paid in respect thereof such sum as may be authorised by the Minister for Finance based on (a) the time spent thereon and (b) remuneration for the original count. 

(These fees cover any payments made to a deputy local returning officer for the discharge of any duties of a local returning officer which may be assigned to him.) 

 

(B) DISBURSEMENTS OF LOCAL RETURNING OFFICER.

 

 

(1) Taking the poll.

(a) each presiding officer—to cover all expenses, other than travelling expenses and subsistence allowances, authorised in this scale .. .. .. .. .. .. .. 5   10    0

Provided that where the number of polling stations in a polling place exceeds four, £6 10s. 0d. may be paid in the case of such one (and one only) of the presiding officers as may be designated by the local returning officer. 

A local returning officer may appoint one emergency presiding officer in a constituency who may be paid a retaining fee of £3 to be increased to the full appropriate fee if he is necessarily employed as a presiding officer, and in the case of a county constituency, if it consists of parts situate in two counties, two emergency presiding officers may be so appointed and paid and if it consists of parts situate in three counties, three emergency presiding officers may be so appointed and paid. £ s. d.

(b) one poll clerk for each presiding officer .. .. ..   3 10   0

(2) Counting the Votes 

Up to 30,000 electors .. .. .. .. .. 90   0   0

For each complete 1,000 electors over 30,000 .. .. 1    0   0

(The total sum shall be divided at the discretion of the local returning officer between all competent persons appointed to assist him in counting the votes). 

(3) Miscellaneous

(a) clerical, legal and other assistance employed by the local returning officer for the purposes of the election—excluding any services for which payment is otherwise authorised by this scale—and for all expenses of the local returning officer (including, in particular, expenses incurred in complying with section 64 of the Electoral Act, 1963 (No. 19 of 1963), and with section 1 of the Referendum (Amendment) Act, 1968 (No. 34 of 1968)) not so authorised :—

For every complete 100 electors or fraction thereof exceeding one-half in the constituency :— 

in a borough constituency .. .. .. .. .. 10   6

elsewhere .. .. .. .. .. .. .. 11   0

together with, in respect of assistance as aforesaid employed by the local returning officer, £45; provided that where a local returning officer acts for more than one constituency, the additional sum payable in respect of each constituency after the first shall not exceed £30. 

(b) for the assistance of a special legal assessor employed by the local returning officer with the prior consent of the Minister for Local Government. Such sum as may be as may be authorised by the Minister for Finance

(c) remuneration of persons engaged in the despatch and receipt of postal voters' ballot papers :— 

For every complete 100 postal voters or fraction thereof exceeding one-half on the register for the constituency  .. 2   5   0

(d) local returning officer's or deputy local returning officer's travelling expenses where necessary to make arrangements for the poll or otherwise in connection with the conduct of the referendum. First-class railway expenses or, where rail service is not available actual and necessary cost, with subsistence allowance at the rate of £1 7s. 0d. a night if necessarily absent from home on account of duty (Mileage expenses shall be calculated as though journeys were taken from the county court-house of the constituency).

(e) travelling expenses of presiding officers and poll clerks, excluding any expenses incurred in conveying the ballot boxes from the polling station to the place where the votes are counted. Standard-class railway expenses, or, where rail service is not available, actual and necessary cost, with subsistence allowance at the rate of 10s. Od. a night if necessarily detained on account of duty after 10.30 p.m., and 15s. 0d. a night if so detained after 12 midnight.

(f) travelling expenses of clerical or other assistants employed by the local returning officer in connection with the conduct of the referendum.

(g) conveying of polling screens, ballot boxes, ballot papers, etc., in connection with the referendum. Actual railway charges, or, where rail service is not available, actual and necessary cost.

(h) printing and publishing notices, etc., required in and about the referendum. Cost as charged by the Stationery Office, or where printing is arranged for by the local returning officer, the actual and necessary cost.

(i) use of any building or room for the purposes of the referendum. Actual and necessary expenses arising.

(j) fitting up polling stations, including the provision of voting compartments and the hire of necessary furniture. Cost as charged by the Office of Public Works, or, if the work is done locally, actual and necessary cost.

(k) ballot boxes required to be purchased, hired or repaired.

(l) stamping instruments required to be purchased, hired, altered or repaired. Cost as charged by the Stationery Office.

(m) stationery at polling stations.

(n) general stationery, postage, telegrams and telephone messages. Actual and necessary cost.

(4) In the event of a recount of votes under Rule 26 of the First Schedule to the Referendum Act, 1942, there shall be paid in respect thereof such sum as may be authorised by the Minister for Finance based on (a) the time spent thereon and (b) remuneration for the original count.

 

SECOND SCHEDULE

(A)—FEES TO LOCAL RETURNING OFFICER WHO IS NOT A COUNTY REGISTRAR.

 

 

(1) For performing all the duties which a local returning officer is required by law to perform in connection with the referenda (other than the duties in connection with the matters specially provided for at paragraphs (2), (3) and (4) below) :

As respect a borough constituency:—

For every complete 100 of the electors:— £ s. d.

Up to 75,000 electors .. .. .. .. .. ..    6   3

exceeding 75,000 electors .. .. .. .. ..    3   3

Provided that where a person is a local returning officer for more than one borough constituency, all the borough constituencies for which he is local returning officer shall, for the purposes of the foregoing provisions of this paragraph, be deemed to be a single borough constituency.

As respect any other constituency :—

For every complete 100 of the electors .. .. ..    6   9

(2) For despatch and receipt of ballot papers of postal voters and for despatch of polling cards to postal voters.

For every complete 100 postal voters of fraction thereof exceeding one-half on the register .. .. .. .. 4 10   0

subject to a minimum of .. .. .. .. .. .. 4 10   0

(3) For all duties appertaining to the counting of the votes in the constituency :— 

Up to 50,000 electors .. .. .. .. .. 22 10   0

For each complete 5,000 electors over 50,000 .. .. £

 1 s.

   2 d.

  6

(4) In the event of a recount of votes under Rule 26 of the First Schedule to the Referendum Act, 1942, there shall be paid in respect thereof such sum as may be authorised by the Minister for Finance based on (a) the time spent thereon and (b) remuneration for the original count. 

(These fees cover any payments made to a deputy local returning officer for the discharge of any duties of a local returning officer which may be assigned to him). 

 

(B)—DISBURSEMENTS OF LOCAL RETURNING OFFICER.

 

 

(1) Taking the poll 

(a) each presiding officer—to cover all expenses, other than travelling expenses and subsistence allowances authorised in this scale .. .. .. .. .. .. ..   6 17   6

Provided that where the number of polling stations in a polling place exceeds four, £7 17s. 6d. pay be paid in the case of such one (and one only) of the presiding officers as may be designated by the local returning officer 

(b) For the assistance of a special legal assessor employed by the local returning officer with the prior consent of the Minister for Local Government. Such sum as may be authorised by the Minister for Finance.

(c) A local returning officer may appoint one emergency presiding officer in a constituency who may be paid a retaining fee of £3 to be increased to the full appropriate fee if he is necessarily employed as a presiding officer, and in the case of a county constituency if it consists of parts situate in two counties, two emergency presiding officers may be so appointed and paid and if it consists of parts situate in three counties, three emergency presiding officers may be so appointed and paid. 

(d) If only one poll clerk employed .. .. .. .. ..   4   7   6

(e) If two poll clerks necessarily employed .. .. ..   3 10   0

each

(2) Counting the Votes 

Up to 30,000 electors .. .. .. .. .. 180   0   0

For each complete 1,000 electors over 30,000 .. ..   2 0   0

(The total sum shall be divided at the discretion of the local returning officer between all competent persons appointed to assist him in counting the votes). 

(3) Miscellaneous

(a) clerical, legal and other assistance employed by the local returning officer for the purposes of the election—excluding any services for which payment is otherwise authorised by this scale—and for all expenses of the local returning officer (including, in particular, expenses incurred in complying with section 64 of the Electoral Act, 1963 (No. 19 of 1963), and with Section 1 of the Referendum (Amendment) Act, 1968 (No. 34 of 1968)) not so authorised— 

For every complete 100 electors or fraction thereof exceeding one-half in the constituency—

 

 

 

£ s. d.

in a borough constituency ... ... ... ... 10    6

elsewhere ... ... ... ... ... ... 11    0

together with, in respect of assistance as aforesaid employed by the local returning officer, £45 ; provided that where a local returning officer acts for more than one constituency, the additional sum payable in respect of each constituency after the first shall not exceed £30. 

(b) remuneration of persons engaged in the despatch and receipt of postal voters' ballot papers— 

For every complete 100 postal voters or fraction thereof 

exceeding one-half on the register for the constituency 4 10 0

(c) local returning officer's or deputy local returning officer's travelling expenses where necessary to make arrangements for the poll or otherwise in connection with the conduct of the referenda. First-class railway expenses or, where rail service is not available, actual and necessary cost, with subsistence allowance at the rate of £1 7s. 0d. a night if necessarily absent from home on account of duty. (Mileage expenses shall be calculated as though journeys were taken from the county courthouse of the constituency).

(d) travelling expenses of presiding officers and poll clerks, excluding any expenses incurred in conveying the ballot boxes from the polling station to the place where the votes are counted. Standard-class railway expenses or, where rail service is not available, actual and necessary cost, with subsistence allowance at the rate of 10s. 0d. a night if necessarily detained on account of duty after 10.30 p.m., and 15s. 0d. a night if so detained after 12 midnight.

(e) travelling expenses of clerical or other assistance employed by the local returning officer or deputy local returning officer in connection with the conduct of the referenda.

(f) conveying of polling screens, ballot boxes, ballot papers, etc., in connection with the referenda. Actual railway charges, or where rail service is not available, actual and necessary cost.

(g) printing and publishing notices, etc., required in and about the referenda. Cost as charged by the Stationery Office, or where printing is arranged for by the local returning officer, the actual and necessary cost.

(h) use of any building or room for the purposes of the referenda. Actual and necessary expenses arising.

(i) fitting up polling stations, including the provision of voting compartments and the hire of necessary furniture. Cost as charged by the Office of Public Works, or, if the work is done locally, actual and necessary cost.

(j) ballot boxes required to be purchased, hired or repaired.

(k) stamping instruments required to be purchased, hired, altered or repaired. Cost as charged by the Stationery Office.

(l) stationery at polling stations.

(m) general stationery, postage, telegrams and telephone messages. Actual and necessary cost.

(4) In the event of a recount of votes under Rule 26 of the First Schedule to the Referendum Act, 1942, there shall be paid in respect thereof such sum as may be authorised by the Minister for Finance based on (a) the time spent thereon and (b) remuneration for the original count.

 

GIVEN under my Official Seal, this 10th day of September, 1968.

CHARLES J. HAUGHEY,

Minister for Finance.

EXPLANATORY NOTE.

These regulations set out the scale of maximum charges for local returning officers in respect of a referendum or of two referenda the polls at which are taken on the same day.

 

 

 

 

S.I. No. 246 of 1963.

S.I. No. 246/1963: FORMS (DÁIL ELECTIONS, PRESIDENTIAL ELECTIONS AND REFERENDA) REGULATIONS, 1963.

The Minister for Local Government in exercise of the powers conferred on him by sections 21 of the Electoral Act, 1923, rule 3 (4) of the Fourth Schedule to the said Act, rules 28 and 43 of Part I of the Fifth Schedule to the said Act, rule 9 (3) (a) of the said Part of the said Schedule (inserted by section 21 of the Electoral Act, 1963), sections 4 of the Presidential Elections Act, 1937 (No. 32 of 1937) and rule 22 of the First Schedule to the said Act, sections 3 and 20  of the Referendum Act, 1942, (No. 8 of 1942) and rules 3, 23, 31 and 32 of the First Schedule to the said Act and sections 15 of the Electoral Act, 1963 (No. 19 of 1963) hereby orders as follows and makes the following Regulations:—

[1. These Regulations may be cited as the Forms (Dáil Elections, Presidential Elections and Referenda) Regulations, 1963.

[2. In these Regulations—

"the Act of 1923" means the Electoral Act, 1923;

"the Act of 1937" means the Presidential Elections Act, 1937;

"the Act of 1942" means the Referendum Act, 1942;

"the Act of 1963" means the Electoral Act, 1963.

[3. Each of the forms in the Schedule hereto shall be the prescribed form for the purpose for which such form is expressed to be applicable.

[4. The forms D.E.I, D.E.2 and D.E.9 in the Schedule hereto are hereby specified as being respectively the form of notice of election, nomination paper and notice of result of election and of transfer of votes in substitution for the corresponding forms in Part III of the Fifth Schedule to the Act of 1923.

[5. The following are hereby revoked—

The Presidential Elections (Forms) Regulations, 1938 (S.R. and O. 1938 No. 4);

The Electoral Order, 1946 (S.R. and O. 1946 No. 96);

The Referendum (Prescribed Forms) Regulations, 1959 (S.I. No. 83 of 1959);

The Electoral (Amendment) Order, 1961 (S.I. No. 27 of 1961);

 The Polling Cards (Dáil Elections, Presidential Elections and Referenda) Regulations, 1961, (S.I. No. 245 of 1961).

SCHEDULE

PART I

DÁIL ELECTIONS FORMS

 

 

D.E.1.

(Section 15 of Act of 1963)

 

NOTICE OF DÁIL ELECTION

CONSTITUENCY OF.............................................................................................................

Pursuant to a writ issued to me by the Clerk of Dáil Éireann I am about to proceed to the election of............................ member (s) of the Dáil for this constituency.

Nomination papers may be obtained from the address below during the usual office hours.

A person may nominate himself as a candidate or may, with his consent, be nominated by a proposer who is registered as a Dáil elector in the constituency.

A deposit of £100 should accompany each nomination.

If a person wishes to be entered on ballot papers as representing a registered political party, a Certificate of Political Affiliation must be produced to me with his completed nomination paper.

The latest time for receiving nominations is 12 noon on the ...................day of .................... 19.....

Completed nomination papers may be delivered to me in person by the candidate or his proposer at any time when I am at my office, from the second day after the date of publication of this notice until 12 noon on the last day for receiving nominations. I will attend to receive nominations on the day before the last day for receiving nominations and on such last day as follows:

...............................................................................................................................................

...............................................................................................................................................

If the election is contested, a poll will be taken on the...................................... day of.........................................................

 

 

............................................................................

Returning Officer

Address...............................................................

        .............................................................................

Date.....................................................................

D.E.2.

(Section 15 of Act of 1963.)

 

NOMINATION PAPER

 

No. .........................

(To be inserted by

returning officer).

1. I nominate the person named under as candidate for election to Dáil Éireann for the constituency of.........................................................................................................................

2. I have read the notes on the back of this form and declare that I believe the person named as candidate to be eligible for election.

 

 

Surname of Candidates Other Names Description

Address Occupation Name of political party, if any

PLEASE USE BLOCK LETTERS

 

 

 

 

3. Name and address of person to whom deposit is to be returned. .........................................................................................

.........................................................................................

 

 

 

Signature...................................................................................

  Address...................................................................................

    Date.....................................................................................

 

 

 

Proposer's No. and polling district letter on Register of Electors ............................................

(to be inserted if this form is completed by a person other than the candidate).

 

 

 

I have decided that this nomination paper is valid (or-is invalid because

....................................................................................................................................................................

....................................................................................................................................................................)

................................................................

Returning Officer

Date................................................................

-------------------------------------------------------------------------------------------------------------

 

 

 

To be handed or sent to the candidate.

I have decided that the nomination paper No.................................of......................................

.................................................................................................................................is valid (or—is invalid

because..............................................................................................................................................).

..................................................................

Returning Officer

Address.......................................................

        .....................................................................

Date.............................................................

 

NOMINATION PAPER (Continued)

(Back of Form)

These notes are for guidance only and do not purport to be a definitive statement of the law.

1. A candidate may nominate himself or may, with his consent, be nominated by a proposer. A proposer must be registered as a Dáil elector in the constituency for which he proposes to nominate the candidate (Section 21 of 19 of 1963).

Deposit:

2. A nomination will be deemed to have been withdrawn if a deposit of £100 is not lodged with the returning officer before 12 noon on the last day for receiving nominations. The deposit should be in legal tender or, with the consent of the returning officer, by bank draft or otherwise. The deposit is returnable if the nomination paper is deemed invalid, or if the candidate is elected, or is withdrawn before 12 noon on the day after the last day for receiving nominations. If the candidate is not elected, it is also returnable unless the number of votes polled by him does not exceed one-third of the quota. It will be returned to the person making it and his name should be entered at 3 overleaf (Section 20 of 19 of 1963).

Certificate of Political Affiliation:

3. If a candidate represents a registered political party a completed Certificate of Political Affiliation must be lodged with the nomination paper and the name of the Party inserted in the appropriate column overleaf. If the candidate does not represent a registered political party the column may be left blank or the words "Non-Party" may be entered in it (Section 21 of 19 of 1963).

Delivery of Nomination Paper:

4. The completed nomination paper should be delivered personally to the returning officer by the candidate or by his proposer, if he has one, from the second day after the publication of the Notice of Election and before 12 noon on the last day for receiving nominations (Section 21 of 19 of 1963).

5. The returning officer will rule on the validity of the nomination within one hour of its delivery to him. He is required to object to a description of a candidate which is, in his opinion, incorrect, insufficient to identify the candidate or unnecessarily long. The candidate and his proposer, if any, and one other person selected by the candidate (or his proposer) and no other person, unless permitted by the returning officer, may attend the ruling (Section 21 of 19 of 1963).

Qualifications, Disqualifications and Incapacities for Election to Dáil Éireann:

6. Citizens who have reached the age of 21 years and are not disqualified or incapacitated are eligible for election.

Persons disqualified or incapacitated are—

 (1) Under the Constitution:

a person holding the office of—

(a) President (Art. 12.6.1°); (b) Senator (Art. 15.14); (c) Judge (Art. 35.3); (d) Comptroller and Auditor General (Art. 33.3).

 (2) Under section 51 of the Electoral Act, 1923:

(a) a member of the Defence Forces or any police force in the State on full pay;

(b) a civil servant unless permitted by his terms of employment to be a member;

(c) a person undergoing imprisonment with hard labour for a period exceeding six months or penal servitude for any term imposed by a Court in the State;

(d) a person of unsound mind;

(e) an undischarged bankrupt under an adjudication by a Court in the State.

Persons holding certain offices may be required by Statute or the terms of their employment to vacate them if they become members of the Dáil.

Appointment of Election Agent:

7. On or before the last day for receiving nominations an election agent must be appointed for each candidate and his name and address notified to the returning officer. This notification could be given to the returning officer when the nomination paper is being handed in. A candidate may name himself as election agent (Section 29 of 38 of 1923).

Penalties:

8. THERE ARE SEVERE PENALTIES FOR—

(1) PRODUCING TO THE RETURNING OFFICER A FORGED NOMINATION PAPER OR CERTIFICATE OF POLITICAL AFFILIATION (Section 46 of 38 of 1923 and Section 21 of 19 of 1963);

 (2) NOMINATING A CANDIDATE WITHOUT HIS CONSENT (Section 21 of 19 of 1963);

 (3) MAKING A FALSE DECLARATION THAT A CANDIDATE IS ELIGIBLE FOR ELECTION (Section 15 of 19 of 1963).

 

 

D.E.3.

Rule 9 (3) (a) of Part I of the Fifth Schedule to Act of 1923 (inserted by Section 21 of Act of 1963).

Seoladh........................................................... Address...........................................................

......................................................................... .........................................................................

Dáta................................................................. Date.................................................................

 

DEIMHNIÚ COMHALTAIS PHOLAITÍOCHTA

CERTIFICATE OF POLITICAL AFFILIATION

 

 

Fíordheimhním/fíordheimhnímid leis seo iarrthóireacht................................................................... I/We hereby authenticate the candidature of ............................................................................................

........................................................................................... ...........................................................................................

............................................................................................ ............................................................................................

thar ceann Pháirtí............................................................. on behalf of the...............................................................

........................................................................................... ............................................................................................

sa toghchán comhaltaí de Dháil Éireann do dháilcheantar................................................................... Party at hte election of members of Dáil Éireann for the constituency of.........................................................

..................................................................................toisc .................................................................consequent on

........................................................................................... ...........................................................................................

........................................................................................... ...........................................................................................

Síniú ................................................................................. Signature ..........................................................................

........................................................................................... ...........................................................................................

Oifigeach (Oifigigh) Údaraithe Authorised Officer (s)

 

SEE INSTRUCTIONS ON BACK OF THIS FORM

LÉIGH NA TREORACHA AR CHÚL NA FOIRME SEO

 

DEIMHNIÚ COMHALTAIS PHOLAITÍOCHTA (Ar leanúint)

CERTIFICATE OF POLITICAL AFFILIATION (Continued)

(Back of Form)

INSTRUCTIONS

The Irish or English version of the certificate may be used.

The name, address and occupation of the candidate in this certificate should be the same as they will be in the nomination paper.

The cause of the election, e.g., the dissolution of the Dáil on the . .....................................day

of........................................19.........., or to fill the vacancy caused by the .death of ........................ etc., should be inserted.

 The certificate should be signed by the officer or officers of the Party whose name or names appear in the Register of Political Parties as being authorised to sign certificates authenticating the candidature of candidates of the Party.

 

TREORACHA

Fèadfar an leagan Gaeilge nó an leagan Bèarla d'ú

Is cear tainm, seoladh agus slí bheatha an iarrthóra sa deimhniú seo a bheith go díreach mar a bheidh siad ar an bpáipear ainmniúcháin.

Is ceart an chúis atá leis an toghchán a chur isteach, e.g., an Dáil a lánscor an .................................. lá de .........................................., 19................., nó chun an folúntas a líonadh a tharla toisc ................................. d'fháil bháis, etc.

Ní mór an deimhniú a bheith sínithe ag an oifigeach nó na hoifigigh don Pháirtí a bhfuil a ainm nó a n-ainmeacha i gClár na bPáirtithe Polaitíochta mar oifigeach nó oifigigh atá údaraithe chun deimhnithe a shíniú ag fíordheimhniú iarrthóireacht iarrthóirí don Pháirtí.

 

 

D.E.4

(Section 23 of Act of 1963).

POLLING CARD

(Front of Card)

CÁRTA VÓTAÍOCHTA

POLLING CARD

Litir : Uimhir

Is íd'uimhir ná

Your number is...............................................

Is é d'ionad vótaíochta ná : —

You vote at :—

......................................................................... ........................................................................

......................................................................... ........................................................................

Lá vótaíochta

Polling Day..........................................................

Ceann Comhairimh ........................................................................

 

(Back of Card)

COIMEÁD AN CÁRTA SEO GO CÚRAMACH MAR THREOIR AN LÁ VÓTAÍOCHTA

Ní thugann an cárta seo údarás vótála d'éinne a bhfuil vótáil toirmiscthe air agus ní chruthaíonn sé céannacht an duine a mbeidh sé ar seilbh aige.

This card does not authorise any person to vote who is prohibited from voting nor does it establish the identity of the person in whose possession it may be.

KEEP THIS CARD CAREFULLY FOR REFERENCE ON POLLING DAY

 

 

D.E.5.

(Section 21 of Act of 1923 as amended by section 8 of the Electoral Act, 1960).

RECEIPT FOR BALLOT PAPER

I have received the ballot paper numbered..................................................................................

Voter's signature...........................................................................................................................

Rank and number (if a member of the Defence Forces)....................

Address (if not a member of the Defence Forces) ............................................................

............................................................

 

SEE INSTRUCTIONS ON BACK OF THIS FORM

(Back of Form)

INSTRUCTIONS

Instructions for marking your vote are on the ballot paper. When you have voted:—

1. Put the ballot paper into the small envelope (marked "Ballot Paper Envelope") and close it.

2. Put the ballot paper envelope TOGETHER WITH THE COMPLETED RECEIPT into the large envelope addressed to the Returning Officer.

Close it.

3. Post it at once or your vote may be too late to be counted.

THE BALLOT PAPER MUST BE POSTED AND CANNOT BE HANDED TO THE RETURNING OFFICER.

 

 

D.E.6.

(Rule 3 (4) of Fourth Schedule to Act of 1923.)

ENVELOPES

 

 

Ballot Paper Envelope

______________

Ballot Paper No........................................................................

Enclose ONLY your completed Ballot Paper in this envelope. Then put the envelope and the completed receipt into the large envelope addressed to the returning Officer.

Constituency of.........................................................................

 

 

ELECTION MATERIAL

_________________

Constituency.......................................................................................................................

To the Returning Officer

..............................................................................................................................................

..............................................................................................................................................

..............................................................................................................................................

 

 

 

D.E. 7.

(Section 22 of Act of 1923)

AUTHORISATION TO VOTE AT ALTERNATIVE POLLING STATION

Constituency of........................................................................

I certify that ..........................................................................................................................

 ..........................................................................................................................

Polling District

Letter: Number

 

whose number on the register of electors is.................................................................................

is prevented by his/her employment by me at an election for the above constituency from voting at the polling station allocated to him/her and I hereby authorise him/her to vote at . . . . . . . . . . . . . . . . . . . . . polling station.

 

 

 ........................................................................

Returning Officer

Date.................................................................

 

 

 

D.E.8.

(Rule 28, Part I of the Fifth Schedule to the Act of 1923).

BALLOT PAPER ACCOUNT

Constituency...............................................................................................................................

Polling District.......................................... Polling Station No.....................................

Total number of ballot papers entrusted to presiding officer ..  .. ____________

 

 

 

Deduct

unused ballot papers .. __________

spoilt ballot papers   .. __________ ________

 

 

 

Number in ballot box   ..   ..   ..   ..   ..   ..   ..   ________

I certify that this Account is true and accurate.

.....................................................................

Presiding Officer

Date...............................................................

 

 

 

D.E.9.

(Rule 43, Part I of Fifth

Schedule to Act of 1923).

 

 

 

RESULT OF ELECTION AND TRANSFER OF VOTES

Constituency.....................................................

No. of members.................................  Total valid votes.......................Quota.........................

 

 

 

First Count Second Count Third Count ..... Count

Names (Surnames first) Votes Transfer of Result Transfer of Result Transfer of Result Names and descriptions (including political affiliations) of candidates elected

   

   

Non-transferable papers not effective .............................   

TOTAL   

 

 

 

..............................................................................

Returning Officer

Date......................................................................

 

Note: If the election is not contested, the following notice should be used.

 

 

RESULT OF ELECTION

Constituency of............................................ No. of members..............................................

The following candidates have been elected members of Dáil Éireann for the above constituency:—

 

 

 

Names (Surnames first) Descriptions (including political affiliations)

 

 

 

.........................................................................

Returning Officer

Date.................................................................

 

PART II

PRESIDENTIAL ELECTION FORMS

 

 

P.E.1.

(Section 44 of Act of 1963).

 

POLLING CARD

 

 

(Front of Card)

POLLING CARD

Your number is................................................

You vote at:—

.......................................................................... ...................................................................

.......................................................................... ...................................................................

Polling day...................................................... ...................................................................

              CEANN COMHAIRIMH

 

(Back of Card)

This card does not authorise any person to vote who is prohibited from voting nor does it establish the identity of the person in whose possession it may be.

KEEP THIS CARD CAREFULLY FOR REFERENCE ON POLLING DAY

 

 

P.E. 2

(Section 29 of Act of 1937).

RECEIPT FOR BALLOT PAPER

I have received the ballot paper numbered..............................................................................

Voter's signature.......................................................................................................................

Rank and number (if a member of the Defence Forces).......................................................

Address (if not a member of the Defence Forces)................................................................

.........................................................

 

SEE INSTRUCTIONS ON BACK OF THIS FORM.

(Back of Form).

INSTRUCTIONS.

Instructions for marking your vote are on the ballot paper. When you have voted—

1. Put the ballot paper into the small envelope (marked "Ballot Paper Envelope") and close it.

2. Put the ballot paper envelope TOGETHER WITH THE COMPLETED RECEIPT into the large envelope addressed to the Returning Officer.

Close it.

3. Post it at once or your vote may be too late to be counted.

THE BALLOT PAPER MUST BE(POSTED)AND CANNOT BE HANDED TO THE RETURNING OFFICER.

 

 

P.E.3

(Rule 22 of First Schedule to Act of 1937).

 

BALLOT PAPER ACCOUNT.

 

 

Constituency of................................................................................................................................

Polling District........................................... Polling Station No........................................

Total number of ballot papers entrusted to presiding officer.. _________

Deduct

unused ballot papers  _____________}

spoilt ballot papers   _____________}       _________

 

 

Number in ballot box   ..   ..   ..   ..   ..   ..     _________

I certify that this Account is true and accurate.

..............................................................................

Presiding Officer

Date......................................................................

 

PART III.

REFERENDA.

 

 

R.A.1.

(Rule 3 of First Schedule to Act of 1942).

 

 

NOTICE OF THE TAKING REFERENDUM.

Notice is hereby given that a referendum will be taken on the proposal contained in the under-mentioned Bill.

 

 

 

 

The Bill may be inspected free of charge or purchased at.........................................................

per copy at the following post offices, viz.:—

.........................................................................................................................................................

.........................................................................................................................................................

.........................................................................................................................................................

.........................................................................................................................................................

.........................................................................................................................................................

.........................................................................................................................................................

The poll will be held on........................................................................................................

..........................................................................

Local Returning Officer for

the constituency of.........................................

 

 

 

R.A.2.

(Section 64 of Act of 1963).

POLLING CARD.

(Front of Card)

Polling Card

Litir: Uimhir

Your number is  .............................

You vote at:—

..................................................................... ....................................................................

..................................................................... ....................................................................

Polling day................................................. ....................................................................

Ceann Comhairimh

 

(Back of Card)

This card does not authorise any person to vote who is prohibited from voting nor does it establish the identity of the person in whose possession it may be.

KEEP THIS CARD CAREFULLY FOR REFERENCE ON POLLING DAY.

 

 

R.A.3.

(Section 20 of Act of 1942).

RECEIPT FOR BALLOT PAPER.

I have received the ballot paper numbered.......................................................................

Voter's signature.................................................................................................................

Rank and number (if a member of the Defence Forces).................................................

Address (if not a member of the Defence Forces)..........................................................

..............................................................

 

SEE INSTRUCTIONS ON BACK OF THIS FORM

(Back of Form)

INSTRUCTIONS.

Instructions for marking your vote are on the ballot paper. When you have voted—

1. Put the ballot paper into the small envelope (marked "Ballot Paper Envelope") and close it.

2. Put the ballot paper envelope TOGETHER WITH THE COMPLETED RECEIPT into the large envelope addressed to the Returning Officer.

Close it.

3. Post it at once or your vote may be too late to be counted.

THE BALLOT PAPER MUST BE POSTED AND CANNOT BE HANDED TO THE RETURNING OFFICER.

 

 

R.A.4.

(Rule 31 of First Schedule to Act of 1942).

 

REFERENDUM ACT, 1942.

To the Referendum Returning Officer—

Report of Local Returning Officer on the votes cast in the constituency of..................................in connection with the referendum on the proposal contained in the Bill entitled—

 

 

 

 

1. Number of valid votes recorded in favour of the proposal.....................................Figures

...........................................................................................................................................Words

2. Number of valid votes recorded against the proposal.............................................Figures

...........................................................................................................................................Words

3. Number of ballot papers rejected and not counted under the following heads:

(a) Want of official mark  ..   ..   ..                              ........................

(b) Writing or mark by which the voter could be identified   ..   ..   ..   ..   .......................

(c) Unmarked or void for uncertainty   .. ........................

Total number of ballot papers rejected      . .    ..   ..   ..         .......................

4. Gross total of votes cast.  ..   ..   ..    . .   . .   ..       ......................

I certify that the particulars set out in the above report are correct.

................................................

Local Returning Officer

Date.............................................

 

 

 

R.A.5.

(Rule 32 of First Schedule to Act of 1942).

REFERENDUM ACT, 1942.

CONSTITUTIONAL REFERENDUM.

Provisional Referendum Certificate stating the result of the voting in the referendum taken on the .............. day of ................... 19.., under the Referendum Act, 1942, prepared by the Referendum Returning Officer from the reports furnished to him by the several local returning officers in all the constituencies.

1. The number of votes recorded at the referendum in each constituency, in favour of the proposal, and against the proposal, contained in the Bill entitled—

 

 

 

 

 

 

are shown respectively, for each such constituency, in the table hereunder:

 

 

 

Constituency Number of votes recorded in favour of the proposal Number of votes recorded against the proposal

........................................................... ........................................................... ...........................................................

........................................................... ........................................................... ...........................................................

 

2. (a) The total number of votes recorded at the referendum in favour of the proposal is ..........................................................................................................................................

(b) The total number of votes recorded at the referendum against the proposal is. ..........................................................................................................................................

3. A majority of the votes recorded at the referendum* .............................................................

recorded in favour of the proposal.

 

 

Date............................................................

........................................................................

Referendum Returning Officer

 

*Insert "is" or "is not" as appropriate.

 

 

R.A.6.

(Rule 32 of First Schedule to Act of 1942).

 

REFERENDUM ACT, 1942.

ORDINARY REFERENDUM.

Provisional Referendum Certificate stating the result of the voting in the referendum taken on the .. ........... day of ............................... 19...... under the Referendum Act, 1942, prepared by the Referendum Returning Officer from the reports furnished to him by the several local returning officers in all the constituencies.

1. The number of votes recorded at the referendum in each constituency in favour of the proposal, and against the proposal, contained in the Bill entitled—

 

 

 

are shown respectively, for each constituency, in the table hereunder:

 

 

Name of Constituency Number of votes recorded in favour of the proposal Number of votes recorded against the proposal

................................................. ................................................... ..................................................

................................................. ................................................... ..................................................

 

2. (a) The total number of votes recorded at the referendum in favour of the proposal is ......................................................................................................................................

(b) The total number of votes recorded at the referendum against the proposal is ......................................................................................................................................

3. The total number of Dáil electors on the register of electors for the time being in force was ...............................................................................................................................................

4. The number of votes recorded against the proposal*........................................ less than thirty-three and one-third per cent. of the said number of Dáil electors.

5. The proposal*............................................. vetoed at the referendum.

 

 

Date.....................................................................

................................................................

Referendum Returning Officer

 

*Insert "is" or "is not" as appropriate.

 

 

R.A.7.

(Rule 23 of First Schedule to Act of 1942).

BALLOT PAPER ACCOUNT.

Constituency....................................................................................................................................

Polling District................................................... Polling Station No...................................

Total number of ballot papers entrusted to presiding officer          ___________

 

 

Deduct

       unused ballot papers  ..   _______

       spoilt ballot papers    ..   _______ __________

 

 

Number in ballot box   ..   ..   ..   ..   ..   ..                           __________

I certify that this Account is true and accurate.

 .........................................................................

Presiding Officer

Date...................................................................

 

_______________________

GIVEN under the Official Seal of the Minister for Local Government

 this ninth day of December 1963.

NEIL T. BLANEY,

Minister for Local Government.

EXPLANATORY NOTE.

These Regulations prescribe new forms for the purposes of Dáil Elections, Presidential Elections and Referenda.

 

 

 

[S.I. No. 81 of 1959.

S.I. No. 81/1959: REFERENDUM AND PRESIDENTIAL ELECTIONS (LOCAL RETURNING OFFICERS' CHARGES AND ACCOUNTS) REGULATIONS, 1959.

I, SÉAMAS Ó RIAIN, Minister for Finance, in exercise of the powers conferred on me by subsection (5) of section 12 of the Referendum Act, 1942 (No. 8 of 1942), as extended by section 4 of the Referendum (Amendment) Act, 1946 (No. 30 of 1946), and section 5 of the Referendum (Amendment) Act, 1959 (No. 5 of 1959), and subsection (5) of section 21 of the Presidential Elections Act, 1937 (No. 32 of 1937), as extended by section 4 of the Presidential Elections (Amendment) Act, 1946 (No. 29 of 1946), hereby make the following regulations :—

[1. These Regulations may be cited as the Referendum and Presidential Elections (Local Returning Officers' Charges and Accounts) Regulations, 1959.

[2. In these Regulations—

" electors " means in relation to the ascertainment of the maximum sum payable to a local returning officer, the number of persons registered in the register of Dáil electors for the constituency in respect of which he is the local returning officer ;

" accounts " means the accounts of a local returning officer in respect of services and expenses which have been properly rendered or incurred by him for the purposes of or in connection with a referendum or a presidential election.

[3. The scale of maximum charges for the purposes of section 12 of the Referendum Act, 1942, as extended by section 4 of the Referendum (Amendment) Act, 1946, and, in the case of the referendum in relation to the Third Amendment of the Constitution Bill, 1958, section 5 of the Referendum (Amendment) Act, 1959, to be paid to local returning officers shall be the scale set forth in the First Schedule to these Regulations.

[4. In the case of a presidential election the poll at which is taken on the day on which the poll at a referendum is taken, the scale of maximum charges for the purposes of section 21 of the Presidential Elections Act, 1937, as extended by section 4 of the Presidential Elections (Amendment) Act, 1946, to be paid to local returning officers shall be the scale set forth in the Second Schedule to these Regulations.

[5. The accounts shall be rendered to the Minister for Finance within a period of six weeks from the polling day by being addressed and sent to the Secretary, Department of Finance, Upper Merrion Street, Dublin.

"

[6. The accounts shall be accompanied by a declaration made and subscribed by the local returning officer rendering them and every such declaration shall be in the following form :—

I declare that the accounts rendered by me in respect of my services and disbursements are correct to the best of my knowledge and belief.

(Signed) ...........................................

[7. In the case of disbursements which have been already settled, vouchers and receipts shall be submitted with the accounts, and in the case of charges which have not been settled the relevant bills shall be submitted with the accounts.

[8. The accounts shall be prepared in such form as will show the items of expenditure and the total thereof under each of the various headings specified in the appropriate scale of maximum charges.

[9. In rendering the accounts due regard shall be had to any directions issued by the Minister for Finance to local returning officers with reference to the particulars and information to be furnished in support of claims for payment out of the Central Fund.

[10. Nothing in these Regulations shall be taken as authorising more than one charge in respect of a particular disbursement.

FIRST SCHEDULE.

(A)—FEES TO LOCAL RETURNING OFFICER WHO IS NOT A COUNTY REGISTRAR.

(1) For performing all the duties which a local returning officer is required by law to perform in connection with a referendum (other than duties in connection with the matters specially provided for at paragraphs (2) and (3) below) :—

 

 

As respects a borough constituency—

For every complete 100 of the electors— 

£ s. d.

up to 75,000 electors 2 9

exceeding 75,000 electors 1 3

Provided that where a person is a local returning officer for more than one borough constituency, all the borough constituencies for which he is local returning officer shall, for the purposes of the foregoing provisions of this paragraph, be deemed to be a single borough constituency. 

As respects any other constituency—

For every complete 100 of the electors— 3 0

 

(2) For despatch and receipt of ballot papers of postal voters and, in the case of the referendum in relation to the Third Amendment of the Constitution Bill, 1958, for despatch of polling cards to postal voters :—

 

 

£ s. d.

For every complete 100 postal voters or fraction thereof exceeding one-half on the register 1 10 0

subject to a minimum of 1 10 0

 

"

 

 

(3) For all duties appertaining to the counting of the votes in the constituency 10 0 0

 

(These fees cover any payments made to a deputy local returning officer for the discharge of any duties of a local returning officer which may be assigned to him)

(B)—DISBURSEMENTS OF LOCAL RETURNING OFFICER.

 

 

(1) Taking the poll. 

£ s. d.

(a) each presiding officer—to cover all expenses, other than travelling expenses and subsistence allowances authorised in this scale 4 0 0

Provided that where the number of polling stations in a polling place exceeds four, £5 0s. 0d. may be paid in the case of such one (and one only) of the presiding officers as may be designated by the local returning officer. 

A local returning officer may appoint one emergency presiding officer in a constituency who may be paid a retaining fee of £1 15s. 0d. to be increased to the full appropriate fee if he is necessarily employed as a presiding officer and in the case of a county constituency, part of which is situate in one county and part in another, two emergency presiding officers may be so appointed and paid. 

(b) one poll clerk for each presiding officer 2 0 0

(2) Counting the votes. 

Up to 50,000 electors 42 0 0

For each complete 1,000 electors over 50,000 12 0

(The total sum shall be divided at the discretion of the local returning officer between all competent persons appointed to assist him in counting the votes.) 

(3) Miscellaneous. 

(a) clerical, legal and other assistance employed by the local returning officer for the purposes of the election—excluding any services for which payment is otherwise authorised by this scale—and for all expenses of the local returning officer (including, in particular, expenses incurred in complying with section 4 of the Referendum (Amendment) Act, 1946 (No. 30 of 1946), and, in the case of the referendum in relation to the Third Amendment of the Constitution Bill, 1958, section 5 of the Referendum (Amendment) Act, 1959 (No. 5 of 1959) not so authorised— 

for every complete 100 electors or fraction thereof exceeding one-half in the constituency—

in a borough constituency 7 0

elsewhere 7 6

together with, in respect of assistance as aforesaid employed by the local returning officer, an additional sum of £30 : provided that, where a local returning officer acts for more than one constituency, the additional sum payable in respect of each constituency after the first shall not exceed £20, 

 

"

 

 

(b) remuneration of persons engaged in the despatch and receipt of postal voters' ballot papers and, in the case of the referendum in relation to the Third Amendment of the Constitution Bill, 1958, in the despatch of polling cards to postal voters— 

for every complete 100 postal voters or fraction thereof exceeding one-half on the register for the constituency 1 10 0

 

 

 

(c) local returning officer's or deputy local returning officer's travelling expenses where necessary to make arrangements for the poll or otherwise in connection with the conduct of the referendum. First-class railway expenses, or, where rail service is not available, actual and necessary cost, with subsistence allowance at the rate of 21s. 6d. a night if necessarily absent from home on account of duty (mileage expenses shall be calculated as though journeys were taken from the county court-house of the constituency).

(d) travelling expenses of presiding officers and poll clerks, excluding any expenses incurred in conveying the ballot boxes from the polling station to the place where the votes are counted. Second-class railway expenses, or, where rail service is not available, actual and necessary cost, with subsistence allowance at the rate of 6s. 6d. a night if necessarily detained on account of duty after 10.30 p.m., and 11s. 6d. a night if so detained after 12 midnight. Subsistence allowance shall not be payable under subparagraph (d) to a presiding officer whose fee for taking the poll is £5.

(e) travelling expenses of clerical or other assistants employed by the local returning officer or deputy local returning officer in connection with the conduct of the referendum.

(f) conveying of polling screens, ballot boxes, ballot papers, etc., in connection with the referendum, Actual railway charges, or, where rail service is not available, actual and necessary cost.

(g) printing and publishing notices, etc., required in and about the referendum, Cost as charged by the Stationery Office, or where printing is arranged for by the local returning officer, the actual and necessary cost.

(h) use of any building or room for the purposes of the referendum, Actual and necessary expenses arising.

(i) fitting up polling stations, including the provision of voting compartments and the hire of necessary furniture, Cost as charged by the Office of Public Works, or, if the work is done locally, actual and necessary cost.

(j) ballot boxes required to be purchased, hired or repaired,

 

"

 

 

(k) stamping instruments required to be purchased, hired, altered or repaired, Cost as charged by the Stationery Office.

(l) stationery at polling stations, Cost as charged by the Stationery Office.

(m) copies of the register, not exceeding five for each constituency, Actual cost.

(n) general stationery, Postage, Telegrams and Telephone messages. Actual and necessary cost.

 

SECOND SCHEDULE.

(A)—FEES TO LOCAL RETURNING OFFICER WHO IS NOT A COUNTY REGISTRAR.

(1) For performing all the duties which a local returning officer is required by law to perform in connection with a Presidential Election (other than duties in connection with matters specially provided for at paragraphs (2) and (8) below) :—

 

 

As a respect of a borough constituency—

For every complete 100 of the electors— 

£ s. d.

up to 75,000 electors 1 3

exceeding 75,000 electors 9

Provided that where a person is a local returning officer for more than one borough constituency, all the borough constituencies for which he is local returning officer shall, for the purposes of the foregoing provisions of this paragraph, be deemed to be a single borough constituency. 

As respects any other constituency—

For every complete 100 of the electors— 1 3

(2) For despatch and receipt of ballot papers of postal voters :— 

For every complete 100 postal voters or fraction thereof exceeding one-half on the register 1 10 0

subject to a minimum of 1 10 0

(3) For all duties appertaining to the counting of the votes in the constituency 10 0 0

 

(These fees cover any payments made to a deputy local returning officer for the discharge of any duties of a local returning officer which may be assigned to him.

(B)—DISBURSEMENTS OF LOCAL RETURNING OFFICER.

 

 

(1) Taking the poll. 

£ s. d.

(a) each presiding officer where the number of electors assigned to a polling station exceeds 500 1 0 0

(b) an additional Poll Clerk for each presiding officer if necessarily employed 2 0 0

 

"

 

 

(2) Counting the votes. 

Up to 50,000 electors 42 0 0

For each complete 1,000 electors over 50,000 12 0

(The total sum shall be divided at the discretion of the local returning officer between all competent persons appointed to assist him in counting the votes.) 

(3) Miscellaneous. 

(a) clerical, legal and other assistance employed by the local returning officer for the purposes of the presidential election— 

for every complete 100 electors or fraction thereof exceeding one-half in the constituency 4 0

(b) remuneration of persons engaged in the despatch and receipt of postal voters' ballot papers— 

For every complete 100 postal voters or fraction thereof exceeding one-half on the register for the constituency 1 10 0

 

 

 

(c) local returning officer's or deputy local returning officer's travelling expenses where necessary to make arrangements for the poll or otherwise in connection with the conduct of the presidential election, First-class railway expenses, or, where rail service is not available, actual and necessary cost, with subsistence allowance at the rate of 21s. 6d. a night if necessarily absent from home on account of duty (mileage expenses shall be calculated as though journeys were taken from the county courthouse of the constituency).

(d) travelling expenses of presiding officers and poll clerks, excluding any expenses incurred in conveying the ballot boxes from the polling station to the place where the votes are counted. Second-class railway expenses, or, where rail service is not available, actual and necessary cost, with subsistence allowance at the rate of 6s. 6d. a night if necessarily detained on account of duty after 10.30 p.m., and 11s. 6d. a night if so detained after 12 midnight. Subsistence allowance shall not be payable under subparagraph (d) to a presiding officer whose fee for taking the poll at the referendum is £5.

(e) travelling expenses of clerical or other assistants employed by the local returning officer or deputy local returning officer in connection with the conduct of the presidential election.

(f) conveying of polling screens, ballot boxes, ballot papers, etc., in connection with the presidential election, Actual railway charges, or, where rail service is not available, actual and necessary cost.

 

"

 

 

(g) printing and publishing notices, etc., required in and about the presidential election, Cost as charged by the Stationery Office, or where printing is arranged for by the local returning officer, the actual and necessary cost.

(h) use of any building or room for the purposes of the presidential election, Actual and necessary expenses arising.

(i) fitting up polling stations, including the provision of voting compartments and the hire of necessary furniture, Cost as charged by the Office of Public Works, or, if the work is done locally, actual and necessary cost.

(j) ballot boxes required to be purchased, hired or repaired,

(k) stationery at polling stations, Cost as charged by the Stationery Office.

(l) copies of the register, not exceeding five for each constituency, Actual cost.

(m) general stationery, Postage, Telegrams and Telephone messages. Actual and necessary cost.

 

GIVEN under my Official Seal, this 15th day of May, 1959.

SEÁMAS Ó RIAIN,

Minister for Finance.

EXPLANATORY NOTE.

This order sets out the scale of maximum charges for local returning officers in respect of a referendum and a presidential election the poll at which is taken on the same day on which the poll at a referendum is taken.

"

 

 

 

 

STATUTORY RULES AND ORDERS.

[1937. No. 142.

No. 142/1937: PLEBISCITE (ACCOUNTS) REGULATIONS, 1937.

WHEREAS it is enacted by sub-section 1 of section 11 of the Plebiscite (Draft Constitution) Act, 1937 (No. 16 of 1937), that the plebiscite returning officer and every returning officer for a constituency shall be entitled to his reasonable charges in respect of services and expenses in connection with the plebiscite, not exceeding the sums specified in the appropriate scale of maximum charges framed under the said section 11:

AND WHEREAS it is enacted by sub-section (5) of the said section 11 that the Minister for Finance shall make regulations prescribing the time when and manner and form in which accounts are to be rendered to him for the purpose of payment of charges under the said section 11:

NOW, the Minister for Finance in exercise of the powers vested in him by sub-section (5) of section 11 of the Plebiscite (Draft Constitution) Act, 1937 (No. 16 of 1937), and of every and any other power him in this behalf enabling, hereby makes the following regulations, that is to say :—

[1. These Regulations may be cited as the Plebiscite (Accounts) Regulations, 1937.

[2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of these Regulations in like manner as it applies to the interpretation of an Act of the Oireachtas.

[3. In these regulations the word " accounts " means the accounts of a returning officer or the plebiscite returning officer in respect of services and expenses which have been properly rendered or incurred by him for the purposes of or in connection with the plebiscite.

[4. The accounts shall be submitted within a period of eight weeks from—

(a) in the case of a returning officer, the last day for receiving nominations at the general election concurrent with which the plebiscite is taken, or

(b) in the case of the plebiscite returning officer, the date of the taking of the plebiscite, and, in either case, shall be addressed and sent to the Secretary, Department of Finance, Upper Merrion Street, Dublin.

[5. The accounts shall be accompanied by a declaration made and subscribed by the returning officer or the plebiscite returning officer (as the case may be) submitting the same and every such declaration shall be in the following form:—

I declare that the accounts submitted by me in respect of my services and disbursements are correct to the best of my knowledge and belief.

  (Signed)

[6. In the case of disbursements which have been already settled vouchers and receipts shall be submitted with the accounts, and in the case of charges which have not been settled the relevant bills shall be submitted with the accounts.

[7. The accounts shall be prepared in such form as will show the items of expenditure and the total thereof under each of the various headings specified in the appropriate scale of maximum charges prescribed by the Minister for Finance under sub-section (5) of section 11 of the Plebiscite (Draft Constitution) Act, 1937 (No. 16 of 1937).

[8. In submitting the accounts due regard shall be had to any directions issued by the Minister for Finance to returning officers or the plebiscite returning officer (as the case may require) with reference to the particulars and information to be furnished in support of claims for payment out of the Exchequer.

Given under the Official Seal of the Minister for

Finance this Seventeenth day of June, 1937.

(Signed) J. J. McELLIGOTT,

Secretary, Department of Finance.

_____________________________

 

[]

STATUTORY RULES AND ORDERS.

[1937. No. 143.

No. 143/1937: RETURNING OFFICERS' (BOROUGH AND COUNTY CONSTITUENCIES) CHARGES ORDER, 1937.

WHEREAS it is enacted by sub-section (1) of section 25 of the Electoral Act, 1923 (No. 12 of 1923), that the returning officer at a Dáil election shall be entitled to his reasonable charges not exceeding the sums specified in the scale of maximum charges framed under that section in respect of services and expenses of the several kinds mentioned in the said scale which have been properly rendered or incurred by him for the purposes of or in connection with the election, and it is enacted by sub-section (5) of the said section 25 that the Minister for Finance shall prescribe a scale of maximum charges for the purposes of that section, and may revise the scale as and when he thinks fit.

AND WHEREAS in pursuance of the powers conferred by the said sub-section (5) of section 25 of the Electoral Act, 1923, a scale of maximum charges for returning officers for borough constituencies and county constituencies respectively for the purposes of the said section was prescribed by the Minister for Finance on the 17th day of May, 1927.

AND WHEREAS it is expedient that the said scale of maximum charges so prescribed should be revised,

NOW, the Minister for Finance, in exercise of the powers conferred on him by sub-section (5) of section 25 of the Electoral Act, 1923 (No. 12 of 1923), and of every and any other power him in that behalf enabling hereby orders as follows:—

[1. This order may be cited for all purposes as the Returning Officers' (Borough and County Constituencies) Charges Order, 1937.

[2. The Interpretation Act, 1889, applies to the interpretation of this order in like manner as it applies to the interpretation of an Act of the Oireachtas passed before the 1st day of January, 1924.

[3. The scale of maximum charges for returning officers for borough constituencies and county constituencies respectively prescribed by the Minister for Finance on the 17th day of May, 1927, under section 25 of the Electoral Act, 1923, is hereby revoked.

[4. The scale of maximum charges for the purposes of section 25 of the Electoral Act, 1923, to be paid to returning officers for borough constituencies and county constituencies respectively shall be the scale set forth in the Schedule hereto.

Given under the Official Seal of the Minister for

Finance this seventeenth day of June, in the

year one thousand nine hundred and thirty-

seven.

(Signed) J. J. McELLIGOTT,

  Secretary,

Department of Finance.

SCHEDULE.

SCALE OF MAXIMUM CHARGES.

PART I.

1. In this Scale, unless the context otherwise requires:—

(a) The expression "constituency" means any constituency named in the Eighth Schedule to the Electoral Act, 1923, as amended by the Electoral (Revision of Constituencies) Act, 1935;

(b) The expression "borough constituency" means any constituency named in Part I of the said Schedule;

(c) The expression "county constituency" means any constituency named in Part II of the said Schedule;

(d) For the purpose of ascertaining the maximum fee or expense payable pursuant to an Article of this Scale the term "Electors" means the number of registered Dáil Electors on the Register of Electors for that portion of the constituency in respect of which the Returning Officer or Assistant Returning Officer discharges the duties mentioned in such Article.

2. This scale shall only apply to a General Election to Dáil Eireann.

3. Part II A of this scale shall not apply in the case of a County Registrar who is a Returning Officer or an Assistant Returning Officer.

PART II.

A.—FOR SERVICES OF RETURNING OFFICER.

1. In a Contested Election.

(1) To the Returning Officer or the Assistant Returning Officer for conducting the election and generally performing all the duties which a Returning Officer is required by law to perform (other than duties in connection with the matters specially provided for at paragraphs (2), (3) and (4) below).

 

 

As respects a county constituency—

For every complete 100 of the electors for the constituency £ s. d.

up to 20,000 electors ... ... ... ... 0 5 0

exceeding 20,000 electors but not exceeding 50,000 electors ... ... ... ... 0 4 0

exceeding 50,000 electors ... ... ... 0 3 0

As respects a borough constituency—

For every complete 100 of the electors for the constituency 

up to 100,000 electors ... ... ... ... 0 4 0

exceeding 100,000 electors but not exceeding 200,000 electors ... ... ... ... 0 2 0

exceeding 200,000 electors ... ... ... 0 1 0

Provided that the borough constituencies of North-East Dublin, North-West Dublin and South Dublin shall for the purposes of the foregoing provisions of this Part of this scale be deemed to be a single borough constituency.

(2) To the Returning Officer for receiving nominations, withdrawals, making returns to writs, etc.:—

For each member to be returned in respect of the Constituency ... ... ... ... £ s. d.

Constituency 3 3 0

Subject to a minimum fee of ... ... ... ... 9 9 0

(3) To the Returning Officer for despatch and receipt of ballot papers of postal voters:—

For every complete 100 postal voters or fraction thereof exceeding one-half on the register ... £

1 s.

10 d.

0

Subject to a minimum fee of ... ... ... 1 10 0

(4) To the Returning Officer for all duties appertaining to the counting of the votes in a constituency:— 

£ s. d.

For the first 50,000 electors ... ... ... ... 25 0 0

For each complete 1,000 electors in excess of 50,000 0 5 0

Provided that the same Officer shall not be paid in respect of the counting of the votes of more than one constituency.

2. In an Uncontested Election. 

(1) To the Returning Officer or the Assistant Returning Officer one-third of the appropriate fee mentioned at paragraph 1 (1) above.

(2) To the Returning Officer the appropriate fee mentioned at paragraph 1 (2) above.

NOTE.—The foregoing payments for the services of a Returning Officer in an Election, whether contested or uncontested, shall include any payments made to a Deputy Returning Officer for the discharge of any duties of a Returning Officer which may be assigned to him.

B.—DISBURSEMENTS OF RETURNING OFFICER.

Contested Elections.

(1) Taking the Poll 

(a) Each Presiding Officer to include all expenses, other than travelling expenses and subsistence allowances authorised by this Scale ... £

3 s.

0 d.

0

(b) One Poll Clerk for each Presiding Officer ... 1 10 0

(c) An additional Clerk at a Polling Station to which more than 600 Dáil electors are assigned ... ... ... ... ... 1 10 0

(d) To provide for emergencies, each Returning Officer may appoint one Presiding Officer in addition to those authorised for the taking of the Poll, provided that in the case where a constituency comprises two or more portions, as mentioned in Part II (d) of this Scale, two such additional Presiding Officers may be appointed. Such Presiding Officer may be paid a retaining fee of £1 15s., which may be increased to £3 as provided under (B) (1) (a) of the Scale if he is necessarily employed as a Presiding Officer at an Election. 

(2) Counting the Votes. 

For each complete 100 Electors— 

i. Where the number of candidates nominated and not withdrawn exceeds by one or two the number of candidates to be elected ... ... 0 3 10

ii. Where such number exceeds by three, four or five the number of candidates to be elected 0 4 4

iii. Where such number exceeds by six or more the number of candidates to be elected ... 0 4 10

The total sum payable, as ascertained in accordance with the foregoing Scale, may be increased by one-twentieth in respect of each "count" beyond seven (as defined in Rule 12 (9) in the Third Schedule to the Electoral Act, 1923), provided that:—

Where, under Rule 7 (2) in that Schedule, the Returning Officer may in one operation exclude two or more lowest candidates, such exclusions, although carried out separately, shall only be regarded as one count in ascertaining the number of "counts" for the purposes of this Order; and

No operation shall be regarded as a "count" unless an actual transfer of papers is required to be made and is made.

The total sum ascertained in accordance with this scale, with an additional sum of £5 for supervision and £2 10s. for calculations and transfer work, shall be divided at the discretion of the Returning Officer between all competent persons appointed to assist him in counting the votes.

 

(3) Miscellaneous.

(a) Clerical, legal and other assistance employed by the Returning Officer or Deputy or Assistant Returning Officer for the purposes of an election, excluding any services for which payment is otherwise authorised by this Scale, and for all expenses of the Returning Officer not otherwise authorised by this Scale—

 

 

For every complete 100 electors or fraction thereof exceeding one-half in the whole constituency or portion thereof; £ s. d.

In a county constituency ... ... ... 0 3 6

In a borough constituency ... ... ... 0 3 0

Together with one sum of £30 in respect of assistance as aforesaid employed by the Returning Officer; provided that where a Returning Officer acts for more than one constituency the additional sum payable in respect of each constituency after the first shall not exceed 

In the case of a contested election ... ... 20 0 0

In the case of an uncontested election ... ... 10 0 0

(b) For the remuneration of persons engaged in the despatch and receipt of postal voters' ballot papers— 

For every complete 100 postal voters or fraction thereof exceeding one-half on the register ... 1 10 0

 

 

(c) Returning Officers' or Deputy or Assistant Returning Officers' travelling expenses where necessary to make arrangements for the poll, or otherwise in connection with the conduct of the election. First-class railway expenses, or where railway service is not available, actual and necessary cost, with subsistence allowance at the rate of 16s. a night if necessarily absent from home on account of duty.

Mileage expenses shall be calculated as though journeys were taken from the County Courthouse of the whole Constituency, or the portion thereof as described above.

(d) Traveling expenses of Presiding Officers and Poll Clerks, excluding any expenses incurred in conveying the ballot boxes from the polling station to the place where the votes are counted. Third-class railway expenses, or, where railway service is not available, actual and necessary cost with subsistence allowance at the rate of 6s. 6d. per night if necessarily detained on account of duty after 10.30 p.m., and 11s. 6d. per night if after 12 midnight.

(e) Travelling expenses of clerical or other assistants employed by the Returning Officer or Deputy or Assistant Returning Officer where necessary to make arrangements for the poll or otherwise in connection with the conduct of the election. Third-class railway expenses, or, where railway service is not available, actual and necessary cost with subsistence allowance at the rate of 6s. 6d. per night if necessarily detained on account of duty after 10.30 p.m., and 11s. 6d. per night if after 12 midnight.

(f) For the conveyance of polling screens, ballot boxes, ballot papers, etc., in connection with the election. Actual railway charges, or, where railway service is not available, actual and necessary cost.

(g) For printing and providing ballot papers. As charged by Stationery Office.

 

 

(h) For printing and providing notices, nomination forms, and other documents required in and about the election or poll, and costs of publishing same. As charged by Stationery Office, or, where such printing is necessarily arranged for by the Returning Officer, actual necessary cost.

(i) For expenses attending the use, or hire when necessary, of any building or room for the purposes of the election. Actual and necessary cost.

(j) For fitting up a polling station, including the provision and fitting up of voting compartments, and the hire of the necessary furniture where this is not otherwise obtainable. As charged by the Office of Public Works, or, if the work is done locally, actual and necessary cost.

(k) For every ballot box required to be purchased, hired, or repaired. As charged by the Office of Public Works, or, if the work is done locally, actual and necessary cost.

(l) For every stamping instrument required to be purchased, hired, altered or repaired. As charged by the Stationery Office.

(m) For stationery at each Polling Station. As charged by the Stationery Office.

(n) For copies of the Register, not exceeding five, for each constituency. Actual cost.

(o) For general stationery, postage and telegrams, and telephone messages. Actual and necessary cost.

 

Uncontested Elections.

 

 

(5) The whole Election.

(a) For preliminary work undertaken in anticipation of a contest, including clerical and other assistance. Actual and necessary cost within the above Scale.

(b) For any necessary legal assistance prior to and on the day of nomination. A fee not exceeding £10 10s.

 

 


 

STATUTORY RULES AND ORDERS.

1937. No. 145.

No. 145/1937: PLEBISCITE (RETURNING OFFICERS' CHARGES) ORDER, 1937.

WHEREAS it is enacted by sub-section (1) of section 11 of the Plebiscite (Draft Constitution) Act, 1937 (No. 16 of 1937). that every returning officer for a constituency shall be entitled to his reasonable charges, not exceeding the sums specified in the appropriate scale of maximum charges framed under that section, in respect of services and expenses of the several kinds mentioned in the said scale which have been properly rendered or incurred by him for the purposes of or in connection with the plebiscite, and it is enacted by sub-section (5) of the said section 11 that the Minister for Finance shall prescribe for the purposes of that section a scale of maximum charges by returning officers for constituencies:

NOW, the Minister for Finance, in exercise of the powers conferred on him by sub-section (5) of section 11 of the Plebiscite (Draft Constitution) Act, 1937 (No. 16 of 1937), and of every and any other power him in this behalf enabling, hereby orders as follows:—

 

1. This Order may be cited as the Plebiscite (Returning Officers' Charges) Order, 1937.

 

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

 

3. The scale of maximum charges for the purposes of section 11 of the Plebiscite (Draft Constitution) Act, 1937 (No. 16 of 1937). to be paid to returning officers for constituencies shall be the scale set forth in the Schedule to this Order.

SCHEDULE.

SCALE OF MAXIMUM CHARGES.

PART I.

1. In this Scale, unless the context otherwise requires:—

(a) The expression " the plebiscite " means the plebiscite to be taken in pursuance of the Plebiscite (Draft Constitution) Act, 1937 (No. 16 of 1937);

(b) The expression " the general election " means the general election of members of Dáil Eireann concurrently with which the plebiscite is taken;

(c) The expression " constituency " means any constituency named in the Eighth Schedule to the Electoral Act, 1923 (No. 12 of 1923). as amended by the Electoral (Revision of Constituencies) Act, 1935 (No. 5 of 1935);

(d) The expression " borough constituency " means any constituency named in Part I of the said Schedule;

(e) The expression " county constituency " means any constituency named in Part II of the said Schedule;

(f) For the purpose of ascertaining the maximum fee or expense payable pursuant to an Article of this Scale the term " Electors " means the number of registered Dáil Electors on the Register of Electors for that portion of the constituency in respect of which the Returning Officer or Assistant Returning Officer discharges the duties mentioned in such Article.

2. Part II A of this Scale shall not apply in the case of a County Registrar who is a Returning Officer or an Assistant Returning Officer.

PART II.

A.—FOR SERVICES OF RETURNING OFFICER.

1. Where the poll at the general election is contested.

The fees payable to the Returning Officer or the Assistant Returning Officer under this head for conducting the general election, under the scale for the time being in force, shall be deemed to cover his fees for conducting the plebiscite, save that the additional fees set out hereunder may be paid:—

 

 

(a) To the Returning Officer for despatch and receipt of ballot papers of postal voters:— 

For every complete 100 postal voters or fraction thereof exceeding one-half on the register ... ... ... ... £1 10 0

Subject to a minimum fee of ... ... £1 10 0

(b) To the Returning Officer for all duties appertaining to the counting of the votes in a constituency and certifying the result to the Plebiscite Returning Officer ... ... £10 0 0

2. Where the poll at the general election is not contested: 

(a) To the Returning Officer or the Assistant Returning Officer for conducting the plebiscite, a sum equal to two-thirds of the sum payable for the services of a returning officer or an assistant returning officer for conducting a contested election at the general election, under the scale for the time being in force, excluding (i) fees for receiving nominations, withdrawals, making returns to writs, etc., (ii) fees in respect of ballot papers of postal voters and (iii) fees in respect of the counting of votes. 

(b) To the Returning Officer for despatch and receipt of ballot papers of postal voters:— 

For every complete 100 postal voters or fraction thereof exceeding one-half on the register ... ... ... ... £1 10 0

Subject to a minimum fee of ... ... £1 10 0

(c) To the Returning Officer for all duties appertaining to the counting of the votes in a constituency and certifying the result to the Plebiscite Returning Officer:— 

For the first 50,000 electors ... ... £10 0 0

For each complete 5,000 electors in excess of 50,000 electors ... ... ... 10 0

 

B.—DISBURSEMENTS OF RETURNING OFFICER.

1. Where the poll at the general election is contested.

(1) Taking the Poll.

The allowances for disbursements in respect of Presiding Officers and Poll Clerks authorised under this head in the scale for the time being in force in respect of the general election shall be deemed to cover allowances for disbursements in respect of the plebiscite, save that a further allowance of £1 10s. Od. may be paid in respect of an additional Poll Clerk at a Polling Station to which more than 250 electors are assigned.

(2) Counting the Votes.

 

 

For each complete 100 electors ... ... 3s. 10d.

 

(3) Miscellaneous.

The allowances for disbursements in respect of miscellaneous expenses authorised under this head in the scale for the time being in force in respect of the general election shall be deemed to cover allowances for disbursements in respect of the plebiscite save that an allowance for the remuneration of persons engaged in the despatch and receipt of postal voters' ballot papers may be paid as follows:—

 

 

For every complete 100 postal voters or fraction thereof exceeding one-half on the register ... £1 10 0

Subject to a minimum fee of  ... ... ... £1 10 0

 

2. Where the poll at the general election is not contested.

 

 

(1) Taking the Poll.

(a) Each Presiding Officer to include all expenses other than travelling expenses and sub-sistence allowances authorised by this scale £3 0 0

(b) One Poll Clerk for each Presiding Officer ... £1 10 0

(c) An additional Clerk at a Polling Station to which more than 600 Dáil electors are assigned ... ... ... ... ... £1 10 0

(d) To provide for emergencies, each Returning Officer may appoint one Presiding Officer in addition to those authorised for the taking of the Poll, provided that in the case where a constituency comprises two or more portions, as mentioned in Part I. 1 (f) of this scale, two such additional Presiding Officers may be appointed. Such Presiding Officer may be paid a retaining fee of £1 15s. which may be increased to £3, as provided under B.2 (1)(a) of this scale, if he is necessarily employed as a Presiding Officer at the plebiscite.

(2) Counting the Votes.

For each complete 100 electors ... ... ... 3s. 10d

(3) Miscellaneous.

(a) Clerical, legal and other assistance employed by the Returning Officer or Deputy or Assistant Returning Officer for the purposes of the plebiscite, excluding any services for which payment is otherwise authorised by this scale and for all expenses of the Returning Officer not otherwise authorised by this scale—

For every complete 100 electors or fraction thereof exceeding one-half in the whole constituency or portion thereof;

In a county constituency  ... ... 3s. 6d.

In a borough constituency  ... ... 3s. 0d.

Together with one sum of £30 in respect of assistance as aforesaid employed by the Returning Officer; provided that where a Returning Officer acts for more than one constituency the additional sum payable in respect of each constituency after the first shall not exceed £20.

(b) For the remuneration of persons engaged in the despatch and receipt of postal voters' ballot papers—

For every complete 100 postal voters or fraction thereof exceeding one-half on the register £1 10 0

Subject to a minimum fee of  ... ... £1 10 0

 

 

(c) Returning Officers' or Deputy or Assistant Returning Officers' travelling expenses where necessary to make arrangements for the poll, or otherwise in connection with the conduct of the plebiscite. First-class railway expenses, or where railway service is not available, actual and necessary cost, with subsistence allowance at the rate of 16s. a night if necessarily absent from home on account of duty.

Mileage expenses shall be calculated as though journeys were taken from the County Courthouse of the whole Constituency or the portion thereof as described above.

(d) Travelling expenses of Presiding Officers and Poll Clerks, excluding any expenses incurred in conveying the ballot boxes from the polling station to the place where the votes are counted. Third-class railway expenses, or, where railway service is not available, actual and necessary cost with subsistence allowance at the rate of 6s. 6d. per night if necessarily detained on account of duty after 10.30 p.m., and 11s. 6d. per night if after 12 midnight.

(e) Travelling expenses of clerical or other assistants employed by the Returning Officer or Deputy or Assistant Returning Officer where necessary to make arrangements in connection with the conduct of the plebiscite. Third-class railway expenses, or, where railway service is not available, actual and necessary cost with subsistence allowance at the rate of 6s. 6d. per night if necessarily detained on account of duty after 10.30 p.m. and 11s. 6d. per night if after 12 midnight.

(f) For the conveyance of polling screens, ballot boxes, ballot papers, etc., in connection with the plebiscite. Actual railway charge, or where railway service is not available, actual and necessary cost.

(g) For printing and providing ballot papers. As charged by Stationery Office.

(h) For printing and providing notices and other documents required in and about the plebiscite, and costs of publishing same. As charged by Stationery Office, or where such printing is necessarily arranged for by the Returning Officer, actual necessary cost.

(i) For expenses attending the use, or hire when necessary, of any building or room for the purposes of the plebiscite. Actual and necessary cost.

(j) For fitting up a polling station, including the provision and fitting up of voting compartments and the hire of the necessary furniture where this is not otherwise obtainable. As charged by the Office of Public Works, or, if the work is done locally, actual and necessary cost.

(k) For every ballot box required to be purchased, hired, or repaired. As charged by the Office of Public Works, or, if the work is done locally, actual and necessary cost.

(l) For every stamping instrument required to be purchased, hired, altered or repaired. As charged by the Stationery Office.

(m) For stationery at each Polling Station. As charged by the Stationery Office.

(n) For copies of the Register, not exceeding five, for each constituency. Actual cost.

(o) For general stationery, postage and telegrams, and telephone messages. Actual and necessary cost.

 

Given under the Official Seal of the Minister for

Finance, this seventeenth day of June, 1937.

(Signed) J. J. McELLIGOTT,

  Secretary,

Department of Finance.