S.I. No. 145/1992 -- Referendum (Local Returning Officers' Charges) Regulations, 1992.

S.I. No. 145/1992 -- Referendum (Local Returning Officers' Charges) Regulations, 1992. 1992 145

S.I. No. 145/1992:

REFERENDUM (LOCAL RETURNING OFFICERS' CHARGES) REGULATIONS, 1992.

I, BERTIE AHERN, Minister for Finance, in exercise of the powers conferred on me by section 12 (5) of the Referendum Act, 1942 (No. 8 of 1942), as extended by section 64 (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 make the following Regulations:

1. These Regulations may be cited as the Referendum (Local Returning Officers' Charges) Regulations, 1992.

2. In these Regulations--

"accounts" means the accounts of a local returning officer in respect of services and expenses which have been properly rendered or incurred by such officers for the purposes of or in connection with a referendum:

"electors" means, in relation to the ascertainment of the maximum sum payable to a local returning officer, the number of persons registered in the register of Presidential electors for the constituency in which such officer is the local returning officer;

"constituency" means any constituency named in the Schedule to the Electoral (Amendment) Act, 1983 (No. 36 of 1983).

3. The scale of maximum charges for the purposes of section 12 of the Referendum Act, 1942 (No. 8 of 1942), as extended by section 64 (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), to be paid to local returning officers shall be the scale set out in the Schedule to these Regulations.

4. The accounts shall be rendered to the Minister for Finance by being sent to the Accountant, Department of Finance, Accounts Branch, Setanta Centre, Nassau Street, Dublin 2, within the period of 26 weeks beginning on the day appointed pursuant to section 8 of the Referendum Act, 1942, to be that on which the poll on the referendum is to be taken.

The accounts shall be accompanied by a declaration made and subscribed by the local returning officer rendering them and every such declaration shall be in the following form:

"I hereby declare that, to the best of my knowledge and belief, the accounts which are rendered by me in respect of the services and expenses rendered or incurred by me and accompany this declaration are correct.

Signed, ".

5. In the case of disbursements which have already been settled, vouchers and receipts shall be submitted with the accounts and, in the case of charges which have not been settled, the relevant bills or other documents shall be submitted with the accounts.

6. The accounts shall classify and show the disbursements and other charges 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.

7. In rendering the accounts due regard shall be had to any directions issued by the Minister for Finance to local returning officers with reference to the particulars and information to be furnished in support of claims for payments out of the Central Fund.

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

9. The scale of maximum charges to be paid to local returning officers prescribed by the Referendum (Local Returning Officers' Charges) Order 1987 (S.I. 132 of 1987) shall not apply to any Referendum held after 1987.

SCHEDULE

SCALE OF MAXIMUM CHARGES

PART I

General

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

2. 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 Local Returning Officers

3. For performing all the duties which a local returning officer is required by law to perform in connection with the Referendum (other than the duties in connection with the matters specially provided for at paragraphs (4), (5), (6) and (7) below):

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

	£
Up to 100,000 electors	2.10
Exceeding 100,000 electors	1.26

provided that where a person performs duties of a local 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 the foregoing provision, be deemed to be a single constituency.

4. 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	16.00
Subject to a minimum fee of	48.00

5. For all duties appertaining to special voters:

For every complete 100 special voters, or fraction thereof

	£
exceeding one half, on the special voters list	£21.40
Subject to a minimum fee of	£53.00

	£
6. For all duties appertaining to the counting of the votes in a constituency	180.00

7. In the event of a re-examination and re-count of votes under Rule 26 of the First Schedule of the Referendum Act, 1942, 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.

(These fees cover any payments made to a deputy local returning officer for the discharge of any duties of a local returning officer which may be assigned to him.)

PART III

Disbursements of Local Returning Officers

8. 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)	54.00
For a shorter periods--per hour	9.00
	£
(2) (i) Each presiding officer -- to cover all expenses, other than travelling expenses and subsistence allowances, authorised in this Scale	48.00
(ii) One additional presiding officer appointed by the local returning officer for each polling place where the number of polling stations exceeds four	54.00

(3) One poll clerk for each presiding officer referred to at sub-paragraph 2 (i) of this paragraph

35.00

(4) A local returning officer may appoint one emergency presiding officer in a constituency who may be paid a retaining fee of £23.00 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.

9. Counting of Votes:

	£
Up to 50,000 electors	780.00
For each complete 1,000 electors in excess of 50,000	15.60

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

10. Miscellaneous.

( a ) (i) Clerical, legal and other assistance employed by the local returning officer for the purposes of 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	3.90

(ii) In respect of assistance, referred to in clause (i) of this subparagraph, employed by the local returning officer, £200.00 provided that where a local 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 £100.00.

(b) For the assistance of a special legal assessor employed by the local returning officer with the prior consent of the Minister for the Environment.

Such sum as may be authorised by the Minister for Finance.

	£
For every complete 100 such voters, or fraction thereof exceeding one-half, on the register for the constituency	16.00
Subject to a minimum of	42.00

(d) Local Returning Officers' travelling expenses and subsistence allowances where necessary to make arrangements for the poll or otherwise in connection with the conduct of the Referendum.	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 Finance; motor mileage allowances for a private car at the rate of 45p per mile (mileage and other travelling expenses shall ordinarily be calculated as though journeys commenced at the local 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 local returning officer's headquarters)	39.00
	For absences of 10 hours or more (but not payable for an absence at any place within 5 miles of home or the local returning officer's headquarters)	16.40
	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 local returning officer's headquarters)	6.80
(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. } } } (g) Travelling expenses and subsistence } allowances of clerical or other assistants } employed by the local returning officer in } connection with conduct of the referendum. }	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 Finance; motor mileage allowances for a private car at the rate of 45p per mile; subsistence allowances at the rate of £6.20 if necessarily detained on account of duty after 11.00 p.m. or £8.50 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 £6.20 per day.

	£
	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 local returning officer's headquarters	£35.00
(h) Conveying of polling screens, ballot boxes, ballot papers and related articles in connection with the referendum.	Actual railway charges, or, where rail service is not available, actual and necessary cost.
(i) Printing and providing ballot papers, printing and publishing notices and other documents required in and about the referendum.	Cost as charged by the Government Supplies Agency, or where printing is arranged for by the local returning officer, the actual and necessary cost.
(j) Conveying of documents or communications on behalf of the Local Returning Officer in connection with the referendum.	Actual and necessary costs arising.
(k) Use of any building or room for the purpose of the referendum.	Actual and necessary expenses arising.
(l) Fitting-up polling stations, including the provision of voting compartments and the hire of necessary furniture. (m) Ballot boxes required to be purchased, hired or repaired.	} } Cost as charged by the Office of Public Works, } or, if the work is done locally, actual and } necessary cost. }
(n) Stamping instruments required to be purchased, hired, altered or repaired. (o) Stationery at polling stations.	} } Cost as charged by the Government } Supplies Agency. }
(p) General stationery, post, telegrams and telephones.	Actual and necessary cost.

GIVEN under my Official Seal, this 12th day of June, 1992.

BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

This Order sets out the scale of maximum charges for local returning officers in respect of a referendum.

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S.I. No. 145/1992 -- Referendum (Local Returning Officers' Charges) Regulations, 1992.