S.I. No. 102/1945 -- Presidential and Local Elections (Local Returning Officers' Charges and Accounts) Regulations, 1945.
1945
102
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No. 102/1945:
PRESIDENTIAL AND LOCAL ELECTIONS (LOCAL RETURNING OFFICERS' CHARGES AND ACCOUNTS) REGULATIONS, 1945.
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| | PRESIDENTIAL AND LOCAL ELECTIONS (LOCAL RETURNING OFFICERS' CHARGES AND ACCOUNTS) REGULATIONS, 1945.
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| | The Minister for Finance, in exercise of the powers conferred on him by subsection (5) of
section 21
of the
Presidential Elections Act, 1937
(No. 32 of 1937), as extended by
section 12
of the
Presidential and Local Elections Act, 1945
(No. 15 of 1945), and of every and any other power him in this behalf enabling, hereby makes the following regulations :
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| | 1. These regulations may be cited as the Presidential and Local Elections (Local Returning Officers Charges and Accounts) Regulations. 1945.
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| | 2. These regulations apply only to the 1945 presidential election and the 1945 local elections.
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| | 3. The
Interpretation Act, 1937
(No. 38 of 1937), applies to these regulations.
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| | 4. In these regulations.
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| | the word " 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 :
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| | the word " 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 the 1945 presidential election and the 1945 local elections.
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| | 5. The scale of maximum charges for the purposes of
section 21
of the
Presidential Elections Act, 1937
, as extended by
section 12
of the
Presidential and Local Elections Act, 1945
, to be paid to local returning officers shall be the scale set forth in Part 1 of the Schedule to these regulations and the said charges shall, to the extent provided for in Part II of the said Schedule, be apportioned in accordance with the said Part II.
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| | 6. The accounts shall be rendered to the Minister for Finance within a period of ten weeks from the last day for receiving nominations at the 1945 presidential election by being addressed and sent to the Secretary, Department of Finance, Upper Merrion Street, Dublin.
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| | 7. 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 :—
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| | 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.
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| | (Signed)
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| | 8. 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.
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| | 9. 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.
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| | 10. 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.
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SCHEDULE
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| | PART I
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| | (A) FEES TO LOCAL RETURNING OFFICER WHO IS NOT A COUNTY REGISTRAR.
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| | (1) For conducting the election and generally performing all the duties which a local returning officer is required by law to perform (other than duties in connection with the matters specially provided for at paragraphs (2) and (3) below) :—
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| | As respects a county borough constituency—
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For every complete 100 of the electors for the constituency.—
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£
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s.
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d.
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up to 100,000 electors
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0
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4
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0
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exceeding 100,000 electors but not exceeding 200,000 electors
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0
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2
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0
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exceeding 200,000 electors
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0
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1
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0
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As respects any other constituency—
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For every complete 100 of the electors for the constituency—
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up to 20,000 electors
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0
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5
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0
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exceeding 20,000 electors but not exceeding 50,000 electors
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0
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4
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0
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exceeding 50,000 electors
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0
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3
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6
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| | (2) For despatch and receipt of ballot papers of postal voters :—
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| | For every complete 100 postal voters or fraction thereof exceeding one-half on the register
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1
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10
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0
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subject to a minimum of
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1
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10
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0
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| | (3) For all duties appertaining to the counting of the votes in an electoral area in a constituency
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£
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s.
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d.
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4
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0
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0
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and, in addition, for each complete 5,000 electors
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0
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10
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0
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(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).
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| | (B) DISBURSEMENTS OF LOCAL RETURNING OFFICER.
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| | (1) Taking the poll
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£
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s.
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d.
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(a) each presiding officer to cover all expenses, other than travelling expenses and subsistence allowances authorised in this scale
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3
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0
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0
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Provided that, where a person acts as presiding officer at the presidential election and at one or both local elections and the number of electors assigned to the polling station exceeds 500, this fee may be increased to £3 12s. 0d.
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A local returning officer may appoint an emergency presiding officer who may be paid a retaining fee of £ 1 15s. to be increased to the full appropriate fee if he is necessarily employed as a presiding officer.
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(b) one poll clerk for each presiding officer
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1
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10
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0
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(c) an additional poll clerk for each presiding officer if necessarily employed
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1
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10
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0
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(2) Counting the votes
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for each electoral area in a constituency
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10
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0
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0
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and, in addition, for each complete 1,000 electors
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0
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10
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0
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(The total sum shall be divided at the discretion of the local returning officer between and competent persons appointed to assist him in counting the votes.)
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(3) Miscellaneous
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(a) clerical, legal and other assistance employed by the local returning officer or deputy local returning officer for the purposes of the election excluding any services for which payments is otherwise authorised by this scale—and for all expenses of the local returning officer not so authorised
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for every complete 100 electors or fraction thereof exceeding one-half in the constituency
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£
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s.
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d.
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in a county borough
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0
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3
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0
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elsewhere
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0
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3
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6
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together with, in respect of assistance as aforesaid employed by the local returning officer, whichever of the following sums is appropriate, that is to say, £90 where the number of electors in the constituency exceeds 250,000 ; £70 where the number exceeds 150,000 but does not exceed 250,000 ; and £30 in any other case ; 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.
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(b) remuneration of persons engaged in the despatch and receipt of postal voters' ballot papers—
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for every complete 100 postal voters of fraction thereof exceeding one-half on the register for the constituency
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£
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s.
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d.
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1
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10
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0
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(c) for the issue of polling cards—
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For every complete 100 electors or fraction thereof exceeding one-half in the constituency
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0
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3
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0
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(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 election.
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First-class railway expenses, or, where rail 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 court-house of the constituency).
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(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.
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Third-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.
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(f) 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 election.
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(g) Conveying of polling screens, ballot boxes, ballot papers, etc., in connection with the election.
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| | (h) printing and publishing notices, etc., required in and about the election.
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Cost as charged by the Stationery Office, or, where printing is arranged for by the local returning officer, the actual and necessary cost.
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(i) use of any building or room for the purposes of the election.
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Actual and necessary expenses arising.
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(j) fitting up polling stations, including the provision of voting compartments and the hire of necessary furniture
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Cost as charged by the Office of Public Works, or, if the work is done locally, actual and necessary cost.
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(k) ballot boxes required to be purchased, hired or repaired.
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(l) stamping instruments required to be purchased, hired, altered or repaired.
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(m) stationery at polling stations.
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Cost as charged by the Stationery Office.
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(n) copies of the register, not exceeding five for each constituency.
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Actual cost.
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(o) general stationery, postage, telegrams and telephone messages.
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Actual and necessary cost.
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| | PART II
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| | APPORTIONMENT OF EXPENSES.
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| | All disbursements made under paragraphs (1), (3) (c), (3) (g), (3) (i) and (3) (j) of Part 1 (B) of this Schedule shall be added together and (a) where they relate to the presidential election and to an election of members of a county or county borough council, one-half of the aggregate of such disbursements shall be repaid to the Minister for Finance by such county or county borough, (b) where they relate to the presidential election and to an election of members of an urban district council (including members of a council of a borough not a county borough and commissioners of a town), one-half shall be repaid to the said Minister by such borough or urban district council or town commissioners as the case may be, (c) where they relate to the presidential election and to elections of members of a county council and members of an urban district council (including members of a council of a borough not a county borough and commissioners of a town) one-third shall be repaid to the said Minister by such county council and one-third by such borough council, urban district council or town commissioners as the case may be, and (d) where they relate solely to an election of members of any one of the following bodies, that is to say, a county council, an urban district council, the council of a borough not being a county borough or the commissioners of a town, the entire amount shall be repaid to the said Minister by such body.
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| | GIVEN under the Official Seal of the Minister for Finance, this 18th day of May, 1945.
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| | (Signed) J. J. McELLIGOTT,
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| | Secretary.
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