S.I. No. 138/1984 -- Returning Officers' and Local Returning Officers' Charges Regulations, 1984.

S.I. No. 138/1984 -- Returning Officers' and Local Returning Officers' Charges Regulations, 1984. 1984 138

S.I. No. 138/1984:

RETURNING OFFICERS' AND LOCAL RETURNING OFFICERS' CHARGES REGULATIONS, 1984.

I, ALAN M. DUKES, Minister for Finance, in exercise of the powers conferred on me by section 25(5) (as extended by section 23 (4) of the Electoral Act, 1963 (No. 19 of 1963)) of the Electoral Act, 1923 (No. 12 of 1923), and section 91 (as amended by section 21(1) of the European Assembly Elections Act, 1977 (No. 30 of 1977)) of the Electoral Act, 1963 , and section 12(5) (as extended by section 64 (4) of the Electoral Act, 1963 ), of the Referendum Act, 1942 (No. 8 of 1942), and section 14 (6) of the European Assembly Elections Act 1977 , hereby make the following Regulations:

1. These Regulations may be cited as the Returning Officers' and Local Returning Officers' Charges Regulations, 1984.

2. In these Regulations --

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

"the Act of 1963" means the Electoral Act, 1963 (No. 19 of 1963);

"the Act of 1977" means the European Assembly Elections Act, 1977 (No. 30 of 1977);

"Assembly Election" has the meaning assigned to it by section 2(1) of the Act of 1977;

"the Bye-Election" means the Bye-Election within the meaning of section 65 (as amended by section 9(1) of the Act of 1963) of the Act of 1923 the poll at which (if any) is to be held on the 14th day of June, 1984;

"the Bye-Election returning officer" means the person who pursuant to section 11(1) of the Act of 1963 is the returning officer for the constituency in which the Bye-Election is to be held;

"local returning officer", means --

(a) a person who, pursuant to the Referendum Acts, 1942 to 1984 is the returning officer for the purposes of a poll in a constituency at the referendum,

(b) a person who pursuant to section 14(2) of the Act of 1977 is a local returning officer for the purposes of that Act as regards an Assembly election to be held in 1984;

"the referendum" means the constitutional referendum in relation to the Ninth Amendment of the Constitution Bill, 1984;

"returning officer (European Assembly Elections)" means a person who is appointed under section 14(1) of the Act of 1977 to be a returning officer for the purposes of that Act as regards such an Assembly election.

3. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations.

4. As regards the matters specified in the Schedule to these Regulations the scale of maximum charges for the purposes of--

(a) section 25 (as extended by section 23(4) of the Act of 1963) of the Act of 1923, section 12(5) (as extended by Section 64(4) of the Act of 1963) of the Referendum Act, 1942 (No. 8 of 1942), and section 14(6) of the Act of 1977 except insofar as the said sections 25, 12(5) and 14(6) relate to a poll,

(b) section 91 (as amended by section 21(1) of the Act of 1977) of the Act of 1963, insofar as the said section 91 relates to the polls described in paragraphs (b), (bb) and (c) of subsection (1) thereof.

shall as regards the Bye-Election, the referendum and the election of representatives to the European Assembly under the Act of 1977 to be held on the 14th day of June, 1984, be the scale set out in the Schedule to this Order.

5. (1) Accounts of the Bye-Election returning officer, or, as may be appropriate, a returning officer (European Assembly Elections) or 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 Bye-Election, the election of representatives, mentioned in Regulation 4 of these Regulations or the 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 14th day of June, 1984 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 payments which have been settled by the Bye-Election returning officer or, as may be appropriate, a returning officer (European Assembly Elections) or a 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 charge 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 rendering the accounts referred to in paragraph (1) of this Regulation the Bye-Election returning officer or, as may be appropriate, a returning officer (European Assembly Elections) or a 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 returning officers or local returning officers with reference to the particulars and information to be furnished in support of claims for payments out of the Central Fund.

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

7. None of the following scales, namely

(a) the scale prescribed by the Returning Officers' Charges (Bye-Elections to Dail Éireann) (No. 2) Order, 1983 ( S.I. No. 342 of 1983 ),

(b) the scale prescribed by the Returning Officers' Charges (European Assembly and Local Elections) Order, 1979 ( S.I. No. 163 of 1979 ), as amended by the Returning Officers' Charges (European Assembly and Local Elections) (Amendment) Order, 1979 ( S.I. No. 218 of 1979 ), and the Returning Officers' Charges (European Assembly and Local Elections, Bye-Elections to Dail Éireann and Referendum) Order, 1981 ( S.I. No. 189 of 1981 ),

(c) the scale prescribed by the Referendum (Local Returning Officers' Charges) Regulations, 1983, (S.I. No. 243) of 1983), shall apply to the Bye-Election, the referendum, or the election of representatives mentioned in Regulation 4 of these Regulations.

SCHEDULE

SCALE OF MAXIMUM CHARGES

Part I

General

1. (1) In this Scale--

"the election" means the election of representatives referred to in Regulation 4 of these Regulations;

"electors" means--

(a) in relation to the ascertainment of the maximum sum payable to a returning officer (European Assembly Elections), the number of persons registered in the register of European Assembly electors for the constituency (being a constituency specified in the Second Schedule to the Act of 1977) in respect of which he is the returning officer.

(b) in relation to the ascertainment of the maximum sum payable to a local returning officer--

(i) in case a referendum poll only is taken, the number of persons registered in the register of Dail electors in relation to the county or county borough for which he is the local returning officer,

(ii) in any other case, the number of persons registered in the register of European Assembly electors in respect of such county or county borough, and

(c) in relation to the ascertainment of the maximum sum payable to the Bye-Election returning officer, the number of persons registered in the register of Dail electors for the constituency specified in the Schedule to the Electoral Amendment Act, 1980 , (No. 17 of 1980), and therein named Laoighis-Offaly.

(2) References in this Schedule to a returning officer shall (where appropriate) be construed as including references to an assistant, deputy or acting returning officer.

(3) References in this Schedule to a local returning officer shall, where appropriate, be construed as including references to a deputy or acting local returning officer.

Part II

Services of returning officers (European Assembly Elections) in contested and uncontested elections.

2. For conducting the election and counting the votes and generally performing all the duties which a returning officer (European Assembly Elections) is required by law to perform:

	£
in the case of a contested election... ... ...	2,300
in the case of an uncontested election... ... ...	400

Part III

Services of local returning officers in contested and uncontested Assembly elections and the referendum.

3. For conducting the aforesaid elections and the referendum 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 specifically provided for in paragraphs 4 and 5 of this Scale)

(a) in any county or county borough in which there is a contested Assembly election and a referendum poll.

	fee per 100 electors
	£
up to 20,000 electors... ... ... ...	2.50
next additional 130,000 electors... ... ...	1.19
exceeding 150,000 electors... ... ...	0.35

(b) in any county or county borough in which there is a referendum poll only

	fee per 100 electors
	£
Up to 20,000 electors... ... ... ...	1.25
next additional 130,000 electors... ... ...	0.60
exceeding 150,000 electors... ... ...	0.18

4. For segregation of ballot papers, verification of ballot paper accounts and counting of referendum ballot papers.

	£
Up to 30,000 electors... ... ... ...	130.00
for each 1,000 electors over 30,000... ...	4.40

5. 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 any fraction thereof exceeding 50

	£
In case there is a referendum poll only ... ...	10.50
Subject to a minimum of ... ... ... ...	21.00
In any other case ... ... ... ...	13.12
Subject to a minimum of ... ... ... ...	26.24

Part IV

Services of the Bye-Election returning officer in the Bye-Election (whether contested or uncontested).

6. For conducting the Bye-Election and generally performing all the duties which the Bye-Election 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 ... ... ... ... ...		1.60
for the next additional 20,000 electors ... ... ...		0.98
exceeding 50,000 electors ... ... ... ...		0.75

		£
7.	For receiving nominations, withdrawals, making returns to writs and related matters	27.75
8.	For despatch and receipt of ballot papers of postal voters:
		£
	For every complete 100 postal voters or fraction thereof exceeding one-half...	10.50
	Subject to a minimum fee of ... ... ...	21.00
9.	(1) For all duties appertaining to the counting of the votes:
		£
	For the first 50,000 electors... ... ...	100.00
	For each complete 5,000 electors or fraction thereof exceeding one-half in excess of 50,000... ...	3.10

(2) In the event of a re-examination and recount under paragraph (1B) (inserted by section 39 of the Act of 1963) of Rule 10 of the Third Schedule to the Act of 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) the remuneration for the original count.

10. In case the Bye-Election is uncontested, one third of the appropriate fee mentioned in paragraph 6 plus the appropriate fee mentioned in paragraph 7 of this Scale.

Part V

Disbursement of Returning Officers (European Assembly Elections).

11. For clerical, legal and other expenses: Actual and necessary costs subject to a maximum of £160 plus £0.22p per 100 electors.

12. For counting of votes: £2.45 per 100 electors plus £400 for supervision and calculation.

Part VI

Disbursements of local returning officers.

13. Taking the Polls or Poll

(a) Presiding Officers

Each presiding officer-- to cover all expenses, other than travelling and subsistence allowances, authorised by this Scale:

	£
Where there is one poll ... ...	31.50
Where there are two polls ... ... ...	41.50
Where there are three polls ... ... ... ...	45.65

Where there are more than four polling stations in a polling place, the local returning officer may designate one, and only one, of the presiding officers to receive the following rates:

	£
Where there is one poll ... ... ...	39.00
Where there are two polls ... ... ...	51.45
Where there are three polls ... ... ...	56.45

A local returning officer may appoint one emergency presiding officer for each complete 60,000 European Assembly electors in his county, or, as may be appropriate, county borough (subject to a minimum of one emergency presiding officer for each such county or county borough) who may be paid a retaining fee of £16.50 to be increased to the full appropriate fee if he is necessarily employed as presiding officer.

(b)	Poll clerk	£
	Where the number of clerks equals the number of polls... ... ... ... ... ...	23.25
	Where the number of clerks is one less than the number of polls... ... ... ...	28.20
	Where the number of clerks is two less than the number of polls... ... ... ...	33.20

14. Remuneration of persons engaged in the despatch and receipt of postal ballot papers and despatch of polling cards in respect of the election and the referendum.

For each 100 postal voters or fraction thereof exceeding 50
		£
Where there is one poll only ... ... ...		10.50
subject to a minimum of ... ... ... ...		21.00
Where there are two polls ... ... ...		13.12
subject to a minimum of ... ... ... ...		26.24

15. Remuneration of persons engaged in the segregation of ballot papers, the verification of ballot paper accounts and counting of referendum ballot papers.

	£
Up to 30,000 electors... ... ... ...	1,000.00
For each additional 1,000 up to 100,000 electors	10.00
for each 1,000 electors in excess of 100,000...	15.00

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

16. Clerical, legal and other assistance employed by the local returning officer for the purposes of the election and 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... ...	3.75

Part VII

Disbursements of the Bye-Election returning officer

17. Counting the votes

		£
(1)	For the first 30,000 electors... ... ...	612.00
	For every complete 1,000 electors in excess of 30,000... ... ... ... ...	6.12

(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 Act of 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 the said Third Schedule, the Bye-Election 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, as amended by section 38 of the Act of 1963, be required to be made, and

(ii) is made.

(3) In the event of a re-examination and recount under paragraph (1B) (inserted by section 39 of the Act of 1963) of Rule 10 of the Third Schedule to the Act of 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) the remuneration for the original count.

18. Miscellaneous

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

	£
For every complete 100 electors or fraction thereof exceeding one-half... ...	0.45

Together with in respect of assistance as aforesaid employed by the Bye-Election returning officer, £152.00

(b) 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... ...	10.50
subject to a minimum of... ... ...	21.00

Part VIII

Miscellaneous Disbursements of returning officers (European Assembly Elections), local returning officers and the Bye-Election returning officer.

19. The assistance of a special legal assessor employed by a returning officer (European Assembly Elections), a local returning officer or the Bye-Election returning officer with the prior consent of the Minister for the Environment.		Such sums as may be authorised by the Minister for Finance.
20. Returning Officers' (European Assembly Elections), local returning officers' or the Bye-Election returning officer's travelling and subsistence expenses where necessary to make arrangements for the poll or otherwise in connection with the conduct of the elections and 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 costs 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 if necessarily absent from home on account of duty -- £4.95 for more than 5 hours, £12.12 for more than 10 hours, £33.56 for overnight.
21. (a)	Travelling and subsistence 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 railway service is not available, actual and necessary cost subject to the conditions and proviso mentioned in paragraph 20; subsistence allowance at the rate of £4.00 where detained on account of duty after 10.30 p.m.; or £5.65 where 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 £2.65 per day
(b)	Travelling and subsistence expenses of clerical or other assistance employed by a returning officer (European Assembly Elections) or the local returning officer in connection with the conduct of the elections and the referendum.

			in lieu of the above rates, £25.23 in respect of each absence from home overnight necessarily incurred in connection with the election.
22. Conveying of polling screens, ballot boxes, ballot papers, notices and related articles, in connection with the elections and the referendum.		Actual railway charges, or where rail service is not available, actual and necessary cost.
23. Printing and publishing notices, nomination papers, ballot papers and other documents in or about the elections and the referendum.		Cost as charged by the Stationery Office, or where printing is arranged for by the returning officer (European Assembly Elections) or the local returning officer or the Bye-Election returning officer, the acutal and necessary cost.
24. Use of any building or room for the purposes of the elections or the referendum.		Actual and necessary expenses arising.
25. 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.
26. Ballot boxes required to be purchase, hired or repaired; stamping instruments required to be purchased, hired, altered or repaired; stationery at polling stations.		Cost as charged by the Stationery Office or actual and necessary cost.
27. General stationery, postage, telegrams and telephone messages:		Actual and necessary cost

Part IX

Disbursements of returning officers (European Assembly Elections), local returning officers and the Bye-Election returning officer in Uncontested Elections.

28. 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 Parts V to VII inclusive 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 30th day of May 1984.

ALAN M. DUKES,

Minister for Finance.

EXPLANATORY NOTE

These Regulations set out the scale of maximum charges for Returning Officers (European Assembly Elections), local returning officers (Referendum) and the Bye-Election Returning Officer.

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Irish Statutory Instruments

S.I. No. 138/1984 -- Returning Officers' and Local Returning Officers' Charges Regulations, 1984.