S.I. No. 120/1983 -- Returning Officers' Charges (Bye-Election To Dáil Éireann) Order, 1983.

S.I. No. 120/1983 -- Returning Officers' Charges (Bye-Election To Dáil Éireann) Order, 1983. 1983 120

S.I. No. 120/1983:

RETURNING OFFICERS' CHARGES (BYE-ELECTION TO DÁIL ÉIREANN) ORDER, 1983.

I, ALAN M. DUKES, 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 (Bye-Elections to Dáil Éireann) Order, 1983.

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 bye-elections, be the scale set out in the Schedule to this Order, but if two or more vacancies in the representation of any constituency in the Dáil are filled at one election, as provided for by section 12 (3) of the Electoral Act, 1963 , the scale of maximum charges applicable to that election shall be the scale for the time being in force in relation to general elections.

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 bye-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 (No. 19 of 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' Charges (Bye-Elections to Dáil Éireann) Order, 1982 ( S.I. No. 133 of 1982 ), shall not apply to any bye-election held after the making of this Order.

SCHEDULE.

Scale of Maximum Charges.

Part 1

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 Bye-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 the Part);

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

	£
up to 30,000 electors	1.50
for the next additional 20,000 electors	0.91
exceeding 50,000 electors	0.70

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

25.20

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
Subject to a minimum fee of	19.50

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

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 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 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

Disbursement of Returning Officers in Contested Bye-Elections

10. Taking the Poll

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

30.45

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 them as may be designated by the returning officer.

(2) One poll clerk for each presiding officer

19.50

(3) A returning officer may appoint one emergency presiding officer in a constituency who may be paid a retaining fee of £13.50 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.

11. Counting the Votes:

	£
(1) For the first 30,000 electors	567.00
For every complete 1,000 electors in excess of 30,000	5.67

(2) The total sum ascertained in accordance with subparagraph (1) of this paragraph may, if there are two or more counts (as defined in Rule 12(9) in the Third Schedule to the Electoral Act, 1923 ), be increased, in case the number of counts is two, by one-fifth and, in case their number is three or more, by two-fifths, provided that:

( a ) where, under Rule 7(2) of that Schedule, the returning officer may in one operation exclude 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 Third Schedule to the Electoral Act, 1923 , as amended by section 38 of the Electoral Act, 1963 , be required to be made, and

(ii) is made.

(3) In the event of a re-examination and recount under paragraph(IB) (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 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 ) 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

2.75

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 subparagraph be deemed to be a single constituency.

Together with in respect of assistance as aforesaid employed by the returning officer £141.00 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 £71.00.

( 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	9.70
Subject to a minimum of	19.50
( 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. ( f ) travelling expenses of clerical or other assistants employed by the returning officer in connection with the conduct of the election.	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.
( g ) conveying of polling screens, ballot boxes, ballot 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 such conditions (if any) as may stand specified by the Minister for the Public Service.
( 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.
( 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.

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 6th day of May, 1983.

ALAN M. DUKES,

Minister for Finance.

EXPLANATORY NOTE.

This Order sets out the scale of maximum charges for returning officers in respect of Bye-Elections to Dáil Éireann.

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Irish Statutory Instruments

S.I. No. 120/1983 -- Returning Officers' Charges (Bye-Election To Dáil Éireann) Order, 1983.