S.I. No. 324/1982 -- Returning Officers' Charges (General Elections To Dáil Éireann) Order, 1982.

S.I. No. 324/1982 -- Returning Officers' Charges (General Elections To Dáil Éireann) Order, 1982. 1982 324

S.I. No. 324/1982:

RETURNING OFFICERS' CHARGES (GENERAL ELECTIONS TO DÁIL ÉIREANN) ORDER, 1982.

I, RAY MACSHARRY, Minister for Finance, in exercise of the powers conferred on me by 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), hereby order as follows:

1. This Order may be cited as the Returning Officers' Charges (General Elections to Dáil Éireann) Order, 1982.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3. The scale of maximum charges for the purposes of 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), shall, in the case of general elections, be the scale set out in the Schedule to this Order.

4. (1) Accounts of a 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 general election 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 24 of the Electoral Act, 1963 to be that on which the poll at the election 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 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 subparagraph (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 subparagraph (1) of this paragraph the 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 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 this Order shall be taken as authorising more than one charge in respect of a particular disbursement.

6. The scale prescribed by the Returning Officers' (General Elections to Dáil Éireann) Order, 1981 ( S.I. No. 196 of 1981 ), shall not apply to any general election held after the making of this Order.

SCHEDULE

Scale of Maximum Charges

PART I

General

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

2. In this Scale--

"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 returning officer, the number of persons registered in the register of Dáil electors for the constituency in respect of which he is the 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 Returning Officers in Contested Elections

4. 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 30,000 electors	1.45
for the next additional 20,000 electors	0.87
exceeding 50,000 electors	0.68

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 this paragraph, be deemed to be a single constituency.

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

	£
for each member to be returned in respect of the constituency	16.50
subject to a minimum fee of	50.00

6. 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	9.25
subject to a minimum fee of	18.50

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

for the first 50,000 electors

157.00

for each complete 1,000 electors, or fraction thereof exceeding one-half, in excess of 50,000

1.57

(2) In the event of a re-examination and recount 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.

PART III

Services of Returning Officers in Uncontested Elections

8. One-third of the appropriate fee mentioned in paragraph 4 of this Scale.

9. The appropriate fee mentioned in paragraph 5 of this Scale.

PART IV

Disbursements of Returning Officers in Contested Elections

10. Taking the Poll

		£
(1)	Each presiding officer -- to cover all expenses, other than travelling expenses and subsistence allowances, authorised in this Scale	30.00
	Provided that where the number of polling stations in a polling place exceeds four, £38.00 may be paid in the case of such one (and one only) of them as may be designated by the returning officer.
(2)	One poll clerk for each presiding Officer	18.50
(3)	A 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 and if it consists of parts situate in three counties, three emergency officers may be so appointed and paid.

11. 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	2.16
(ii) where that number exceeds by three, four or five the number of candidates to be elected	2.27
(iii) where that number exceeds by six or more the number of candidates to be elected	2.38

(2) The total sum payable, as ascertained in accordance with the foregoing subparagraph, 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 subparagraphs (1) and (2) of this paragraph, with an additional sum of £40.00 for supervision and £20.00 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 recount 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.

12. Miscellaneous

( a ) (i) Clerical, legal and other assistance employed by the 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 returning officer not otherwise authorised by this Scale:

	£
for every complete 100 electors or fraction thereof exceeding one-half, up to 20,000 electors	2.60
exceeding 20,000 electors but not exceeding 150,000 electors	2.20
exceeding 150,000 electors	2.16

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 subparagraph employed by the returning officer, £135.00: 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 £67.50.

(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
(c) remuneration of persons engaged in the despatch and receipt of postal ballot papers:
for every complete 100 postal voters, or fraction thereof exceeding one-half, on the register for the constituency		£ 9.25
subject to a minimum of		18.50
(d) 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 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 this Order 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 sub-paragraph (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 assistants employed by the returning officer in connection with the conduct of the election.
(g) conveying of polling screens, ballot boxes, ballot lot papers and related articles in connection with the election.	Actual railway charges, or, where rail service is not available, actual and necessary cost subject to the conditions mentioned in sub-paragraph (d) of this paragraph.
(h) printing and providing ballot papers.	Cost as charged by the Stationery Office, or, where printing is arranged for by the returning officer, the actual and necessary cost.
(i) printing and publishing notices, nomination papers and other documents required in and about the election.	Cost as charged by the Stationery Office, or where printing is arranged for by the returning officer, the actual and necessary cost.
(j) use of any building or room for the purpose of the election.	Actual and necessary expenses arising.
(k) 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.
(l) ballot boxes required to be purchased, hired or repaired.	Cost as charged by the Stationery Office.
(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.

PART V

Disbursements of Returning Officers in Uncontested Elections.

13. 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 IV 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.

GIVEN under my Official Seal, this 10th day of November, 1982.

RAY MACSHARRY,

Minister for Finance

EXPLANATORY NOTE.

This Order sets out the scale of maximum charges for Returning Officers in respect of General Elections to Dáil Eireann.

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Irish Statutory Instruments

S.I. No. 324/1982 -- Returning Officers' Charges (General Elections To Dáil Éireann) Order, 1982.