S.I. No. 172/1988:

WORKER PARTICIPATION (STATE ENTERPRISES) (PRELIMINARY POLL) REGULATIONS, 1988

WORKER PARTICIPATION (STATE ENTERPRISES) (PRELIMINARY POLL) REGULATIONS, 1988

I, BERTIE AHERN, Minister for Labour, in exercise of the powers conferred on me by section 9 of the Worker Participation (State Enterprises) Act, 1977 (No. 6 of 1977), and following consultations with the Minister for Tourism and Transport, the Minister for Energy, the Minister for Health, the Minister for Industry and Commerce, the Minister for Agriculture and Food and the Minister for Communications, and with each of the designated bodies specified in Parts I and II of the First Schedule (inserted by the Worker Participation (State Enterprises) Act, 1988 (No. 13 of 1988)) to the said Act of 1977, hereby make the following regulations:

1. These Regulations may be cited as the Worker Participation (State Enterprises) (Preliminary Poll) Regulations, 1988.

2. In these Regulations--

"the Principal Act" means the Worker Participation (State Enterprises) Act, 1977 (No. 6 of 1977);

"the Act of 1988" means the Worker Participation (State Enterprises) Act, 1988 (No. 13 of 1988);

"preliminary poll" means a preliminary poll within the meaning of section 13 (as amended by section 18 of the Act of 1988) of the Principal Act;

"postal ballot paper" means a ballot paper issued by a returning officer pursuant to the Postal Voting Regulations;

"postal voter" means a person who has made an application under the Postal Voting Regulations in relation to the relevant election and whose application has been allowed by the returning officer;

"the Postal Voting Regulations" means the Worker Participation (State Enterprises) (Postal Voting) Regulations, 1988;

"the Principal Regulations" means the Worker Participation (State Enterprises) (General) Regulations, 1988.

3. (1) At an election each body included in the list of bodies prepared under Regulation 3 of the Principal Regulations as regards the designated body to which the election relates may appoint agents to be present on its behalf at--

(a) the issue by virtue of these Regulations of ballot papers to postal voters,

(b) polling places used as regards the poll,

(c) the opening of the ballot boxes used in the preliminary poll, and

(d) the counting of votes.

(2) Subject to paragraph (4) of this Regulation, the number of agents who may be present, pursuant to paragraph (1) of this Regulation, may be determined by the returning officer provided that the same number shall be allowed on behalf of each body concerned.

(3) At an election each body described in paragraph (1) of this Regulation shall, not later than fourteen days before the day on which the issue of ballot papers to postal voters is to commence, give written notice to the returning officer of the name and address of the agent appointed by it to be present under this Regulation and the returning officer may refuse to allow to be so present any person whose name and address have not been so notified to him.

(4) Each body described in paragraph (1) of this Regulation, for the purpose of assisting in the detection of personation, may appoint only one agent for each polling place to be used in the poll.

(5) Anything required by these Regulations, or by the Principal Regulations or the Postal Voting Regulations as applied by these Regulations, to be done in the presence of agents shall not be invalidated by reason of any such agent or agents not being present at the time and place appointed for doing such thing.

4. In case the returning officer arranges for the taking of a preliminary poll, the list of electors may be inspected by an agent or other representative of a body described in Regulation 3 (1) of these Regulations at such times and place or places as are specified by the returning officer in the notice published pursuant to Regulation 8 of the Principal Regulations by the returning officer.

5. Where at an election the returning officer receives an application duly made under section 13 (as amended by section 18 of the Act of 1988) of the Principal Act, he shall as soon as may be give not less than seven days' notice, in such manner as he considers appropriate, of the day on which or the period of more than one but not more than 30 days during which, and the hours during which, the preliminary poll will be taken (which day or period the returning officer is by subsection (1) of the said section 13 required to appoint).

6. The ballot papers used to vote at a preliminatory poll shall be in the form set out in the Schedule to these Regulations.

7. (1) In case the majority of the votes at a preliminary poll is against proceeding further with the relevant election, the returning officer shall arrange for a copy of the notification given under subsection (5) of section 13 of the Principal Act to be sent as soon as may be to the chairman of the designated body to which the election relates.

(2) The returning officer shall cause to have the result of a preliminary poll announced by whatever means he considers appropriate and such announcement shall indicate separately the number of votes in favour of proceeding with the relevant election and the number of votes against so proceedin.

8. (1) At a preliminary poll a presiding officer may, and if required by an agent appointed pursuant to Regulation 3 of these Regulations who is present in the polling place shall, put to any person applying for a ballot paper at the time of his application, but not afterwards, the following questions or anyone or more of them:

(a) Are you the same person whose name appears as AB and in respect of whom the following particulars appear on the list now in force of persons entitled to vote at elections relating to ......................................................... (designated body to which the election relates)? (The whole entry from the said list is to be read aloud by the presiding officer);

(b) Have you already voted at this preliminary poll by postal ballot or otherwise?

(c) Have you reached the age of 18 years and had you at least one year's continuous service with (designated body to which the election relates) on .......................................................... (date of stated day)?

and unless such of those questions as are put to the person are answered, in the case of the first and third of those questions in the affirmative and, in the case of the second of them, in the negative, a ballot paper shall not be delivered to him.

(2) A presiding officer may at a preliminary poll administer to any person applying for a ballot paper at the time of his application, but not afterwards, an oath or (in the case of any person who objects to taking an oath on the grounds that he has no religious belief or that taking an oath is contrary to his religious belief) an affirmation in the following form:

"I swear by Almighty God (or -- do solemnly, sincerely and truly declare and affirm -- as may be appropriate) that I am the person registered as AB in the list now in force of persons entitled to vote at elections relating to ............................................................ ................... (designated body to which the election relates) and that I have not already voted at this preliminary poll, and that I have attained the age of 18 years and have had at least one year's continuous service with .................................................. (such designated body) on............................................................ ..................... (date of stated day)",

and if such person refuses to take such an oath or make such an affirmation a ballot paper shall not be delivered to him.

(3) Save as is provided by this Regulation no question, oath, affirmation or objection shall be put to any person at the preliminary poll as to the right of that person to vote.

9. (1) At the hour of 9.00 a.m. on the day next following the day on which the return of all ballot papers issued at a preliminary poll to the returning officer is completed and at the place appointed under Regulation 30 of the Principal Regulations, as applied by Regulation 10 of these Regulations, the returning officer shall, in the presence of the agents (if any), appointed pursuant to Regulation 3 of these Regulations, open the ballot boxes including ballot boxes provided under Regulation 15 (1) of the Postal Voting Regulations and extract the ballot papers therefrom.

(2) The ballot papers extracted by the returning officer from each ballot box shall be counted and their total number shall be compared with the number shown in the appropriate ballot paper account. The returning officer shall prepare a statement showing the result of this comparison in respect of all the ballot boxes; he shall, on request, allow any person present who is an agent referred to in paragraph (1) of this Regulation to copy the statement.

(3) The returning officer shall then mix together the whole of the ballot papers and shall forthwith proceed to count the votes.

10. (1) (a) The following Regulations of the Principal Regulations shall with the modification mentioned in sub-paragraph (b) of this Regulation and any other necessary modifications apply to the conduct of a preliminary poll, namely Regulations 2, 4, 7, 20, 21, 22 (other than paragraph (3)), 23, 24, 25, 26, 27, 29, 30, 31, 36 and 37.

(b) The modification referred to in sub-paragraph (a) of this paragraph is that the Regulations mentioned in that sub-paragraph shall be construed and shall have effect as if each of the references therein to a candidate's agent were a reference to an agent appointed pursuant to Regulation 3 of these Regulations.

(2) Regulation 33 of the Principal Regulations shall apply in relation to the conduct of a preliminary poll as if for "after consultation with the candidates", there were substituted, "after consultation with the agents appointed pursuant to Regulation 3 of the Worker Participation (State Enterprises) (Preliminary Poll) Regulations, 1988".

(3) Regulation 34 (other than paragraph (3)) of the Principal Regulations shall apply in relation to the conduct of a preliminary poll except that paragraph (1) thereof shall so apply as if the words "and shall in accordance with the Rules contained in the Fourth Schedule to these Regulations ascertain and record the number of votes given to each candidate" were deleted.

11. (a) The Postal Voting Regulations, other than Regulation 10, shall, with the modification mentioned in paragraph (b) of this Regulation and any other necessary modifications, apply to the conduct of a preliminary poll.

(b) The modification referred to in paragraph (a) of this Regulation is that the Postal Voting Regulations shall be construed and have effect as if each of the references therein to a candidate's agent were a reference to an agent appointed pursuant to Regulation 3 of these Regulations.

12. The Worker Participation (State Enterprises) (Preliminary Poll) Regulations, 1978 ( S.I. No. 46 of 1978 ), are hereby revoked.

SCHEDULE

Regulation 6

Worker Participation (State Enterprises) Acts, 1977 and 1988

Preliminary Poll

Form of Ballot Paper

Name of Designated Body to which preliminary poll relates ............................................................ ............

Instructions:

1. Please write either "Yes" or "No" (but not both words) in the space in column (2) above in answer to the question in column (1);

2. Then fold the ballot paper to conceal your vote and put it in the ballot box.

GIVEN under my Official Seal, this 13th day of July, 1988.

BERTIE AHERN,

Minister for Labour.

EXPLANATORY NOTE.

These Regulations deal with the conduct of elections held under the Worker Participation (State Enterprises) Acts, 1977 and 1988.