S.I. No. 21/1987 -- Returning Officers' Charges (General Elections To Dáil Éireann) Order, 1987.

S.I. No. 21/1987 -- Returning Officers' Charges (General Elections To Dáil Éireann) Order, 1987. 1987 21

S.I. No. 21/1987:

RETURNING OFFICERS' CHARGES (GENERAL ELECTIONS TO DÁIL ÉIREANN) ORDER, 1987.

I, JOHN BRUTON, 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) 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 Returning Officers' Charges (General Elections to Dáil Éireann) Order, 1987.

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) and by section 26 (2) of the Electoral (Amendment) (No. 2) Act, 1986 (No. 35 of 1986), 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 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 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 (General Elections to Dáil Éireann) Order, 1982 ( S.I. No. 324 of 1982 ), shall not apply to any general election held after the making of this Order.

SCHEDULE

Scale of Maximum Charges

PART I

General

1. Reference 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, 1983 (No. 36 of 1983):

"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	2.00
exceeding 30,000 electors but not exceeding 50,000 electors	1.15
exceeding 50,000 electors	0.90

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.

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

	£
For each member to be returned in respect of the constituency	22.00
subject to a minimum fee of	66.00

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

12.00

Subject to a minimum fee of

24.00

7. 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

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

	£
For the first 50,000 electors	200.00
For each complete 1,000 electors, or fraction thereof exceeding one-half, in excess of 50,000	2.00

(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.

PART III

Services of Returning Officers in Uncontested Elections

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

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

PART IV

Disbursements of Returning Officers in Contested Elections.

11. 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)		45.00
For shorter periods--per hour		7.50
(2) (i)	Each presiding officer-- to cover all expenses, other than travelling expenses and subsistence allowances, authorised in this Scale	40.00
(ii)	One additional presiding officer appointed by the returning officer for each polling place where the number of polling stations exceeds four	45.00
(3)	One poll clerk for each presiding officer referred to at sub-paragraph 2(i) of this paragraph	27.00
(4)	A returning officer may appoint one emergency presiding officer in a constituency who may be paid a retaining fee of £20.00 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 appointed and paid if it consists of parts situate in three counties, three emergency officers may be so appointed and paid.

12. 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	2.75
(ii) where that number exceeds by three, four or five the number of candidates to be elected	2.90
(iii) where that number exceeds by six or more the number of candidates to be elected	3.00

(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 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 £50.00 for supervision and £25.00 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.

13. 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

3.50

Exceeding 20,000 electors

2.80

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, £170.00, 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 £85.00.

(b) For 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 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) Returning officers' travelling expenses and subsistence allowances where necessary to make arrangements for the poll or otherwise in connection with the conduct of the election.	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 the Public Service; 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 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 returning officer's headquarters)	31.00
	For absences of 10 hours or more (but not payable for an absence at any place within 5 miles of home or the returning officer's headquarters)	13.50
	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 returning officer's headquarters)	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.	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 the Public Service; 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.
(g) Travelling expenses and subsistence allowances of clerical or other assistants employed by the returning officer in connection with the conduct of the election.
(h) 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.
(i) Printing and providing ballot papers, 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.
(n) Stationery at polling stations.
(o) General stationery, postage, telegrams and telephone.	Actual and necessary cost.

PART V

Disbursements of Returning Officers in Uncontested Elections

14. 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 21st day of January, 1987.

JOHN BRUTON,

Minister for Finance.

EXPLANATORY NOTE.

This Order sets out the scale of maximum charges for returning officers in respect of a General Election to Dáil Éireann.

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Irish Statutory Instruments

S.I. No. 21/1987 -- Returning Officers' Charges (General Elections To Dáil Éireann) Order, 1987.