S.I. No. 145/1937 - Plebiscite (Returning Officers' Charges) Order, 1937.


STATUTORY RULES AND ORDERS. 1937. No. 145.

PLEBISCITE (RETURNING OFFICERS' CHARGES) ORDER, 1937.

WHEREAS it is enacted by sub-section (1) of section 11 of the Plebiscite (Draft Constitution) Act, 1937 (No. 16 of 1937). that every returning officer for a constituency shall be entitled to his reasonable charges, not exceeding the sums specified in the appropriate scale of maximum charges framed under that section, in respect of services and expenses of the several kinds mentioned in the said scale which have been properly rendered or incurred by him for the purposes of or in connection with the plebiscite, and it is enacted by sub-section (5) of the said section 11 that the Minister for Finance shall prescribe for the purposes of that section a scale of maximum charges by returning officers for constituencies:

NOW, the Minister for Finance, in exercise of the powers conferred on him by sub-section (5) of section 11 of the Plebiscite (Draft Constitution) Act, 1937 (No. 16 of 1937), and of every and any other power him in this behalf enabling, hereby orders as follows:—

1. This Order may be cited as the Plebiscite (Returning Officers' Charges) Order, 1937.

2. The Interpretation Act, 1923 (No. 46 of 1923), applies to the interpretation of this Order in like manner as it applies to the interpretation of an Act of the Oireachtas.

3. The scale of maximum charges for the purposes of section 11 of the Plebiscite (Draft Constitution) Act, 1937 (No. 16 of 1937). to be paid to returning officers for constituencies shall be the scale set forth in the Schedule to this Order.

SCHEDULE.

SCALE OF MAXIMUM CHARGES.

PART I.

1. In this Scale, unless the context otherwise requires:—

(a) The expression " the plebiscite " means the plebiscite to be taken in pursuance of the Plebiscite (Draft Constitution) Act, 1937 (No. 16 of 1937);

(b) The expression " the general election " means the general election of members of Dáil Eireann concurrently with which the plebiscite is taken;

(c) The expression " constituency " means any constituency named in the Eighth Schedule to the Electoral Act, 1923 (No. 12 of 1923). as amended by the Electoral (Revision of Constituencies) Act, 1935 (No. 5 of 1935);

(d) The expression " borough constituency " means any constituency named in Part I of the said Schedule;

(e) The expression " county constituency " means any constituency named in Part II of the said Schedule;

(f) For the purpose of ascertaining the maximum fee or expense payable pursuant to an Article of this Scale the term " Electors " means the number of registered Dáil Electors on the Register of Electors for that portion of the constituency in respect of which the Returning Officer or Assistant Returning Officer discharges the duties mentioned in such Article.

2. Part II A of this Scale shall not apply in the case of a County Registrar who is a Returning Officer or an Assistant Returning Officer.

PART II.

A.—FOR SERVICES OF RETURNING OFFICER.

1. Where the poll at the general election is contested.

The fees payable to the Returning Officer or the Assistant Returning Officer under this head for conducting the general election, under the scale for the time being in force, shall be deemed to cover his fees for conducting the plebiscite, save that the additional fees set out hereunder may be paid:—

(a) To the Returning Officer 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 ... ... ... ...

£1

10

0

Subject to a minimum fee of ... ...

£1

10

0

(b) To the Returning Officer for all duties appertaining to the counting of the votes in a constituency and certifying the result to the Plebiscite Returning Officer ... ...

£10

0

0

2. Where the poll at the general election is not contested:

(a) To the Returning Officer or the Assistant Returning Officer for conducting the plebiscite, a sum equal to two-thirds of the sum payable for the services of a returning officer or an assistant returning officer for conducting a contested election at the general election, under the scale for the time being in force, excluding (i) fees for receiving nominations, withdrawals, making returns to writs, etc., (ii) fees in respect of ballot papers of postal voters and (iii) fees in respect of the counting of votes.

(b) To the Returning Officer 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 ... ... ... ...

£1

10

0

Subject to a minimum fee of ... ...

£1

10

0

(c) To the Returning Officer for all duties appertaining to the counting of the votes in a constituency and certifying the result to the Plebiscite Returing Officer:—

For the first 50,000 electors ... ...

£10

0

0

For each complete 5,000 electors in excess of 50,000 electors ... ... ...

10

0

B.—DISBURSEMENTS OF RETURNING OFFICER.

1. Where the poll at the general election is contested.

(1) Taking the Poll.

The allowances for disbursements in respect of Presiding Officers and Poll Clerks authorised under this head in the scale for the time being in force in respect of the general election shall be deemed to cover allowances for disbursements in respect of the plebiscite, save that a further allowance of £1 10s. Od. may be paid in respect of an additional Poll Clerk at a Polling Station to which more than 250 electors are assigned.

(2) Counting the Votes.

For each complete 100 electors ... ...

3s.

10d.

(3) Miscellaneous.

The allowances for disbursements in respect of miscellaneous expenses authorised under this head in the scale for the time being in force in respect of the general election shall be deemed to cover allowances for disbursements in respect of the plebiscite save that an allowance for the remuneration of persons engaged in the despatch and receipt of postal voters' ballot papers may be paid as follows:—

For every complete 100 postal voters or fraction thereof exceeding one-half on the register ...

£1

10

0

Subject to a minimum fee of... ... ...

£1

10

0

2. Where the poll at the general election is not contested.

(1) Taking the Poll.

(a) Each Presiding Officer to include all expenses other than travelling expenses and sub-sistence allowances authorised by this scale

£3

0

0

(b) One Poll Clerk for each Presiding Officer ...

£1

10

0

(c) An additional Clerk at a Polling Station to which more than 600 Dáil electors are assigned ... ... ... ... ...

£1

10

0

(d) To provide for emergencies, each Returning Officer may appoint one Presiding Officer in addition to those authorised for the taking of the Poll, provided that in the case where a constituency comprises two or more portions, as mentioned in Part I. 1 (f) of this scale, two such additional Presiding Officers may be appointed. Such Presiding Officer may be paid a retaining fee of £1 15s. which may be increased to £3, as provided under B.2 (1)(a) of this scale, if he is necessarily employed as a Presiding Officer at the plebiscite.

(2) Counting the Votes.

For each complete 100 electors ... ... ...

3s.

10d

(3) Miscellaneous.

(a) Clerical, legal and other assistance employed by the Returning Officer or Deputy or Assistant Returning Officer for the purposes of the plebiscite, 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 in the whole constituency or portion thereof;

In a county constituency... ...

3s.

6d.

In a borough constituency... ...

3s.

0d.

Together with one sum of £30 in respect of assistance as aforesaid employed by the Returning Officer; 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 £20.

(b) For the remuneration of persons engaged in the despatch and receipt of postal voters' ballot papers—

For every complete 100 postal voters or fraction thereof exceeding one-half on the register

£1

10

0

Subject to a minimum fee of... ...

£1

10

0

(c) Returning Officers' or Deputy or Assistant Returning Officers' travelling expenses where necessary to make arrangements for the poll, or otherwise in connection with the conduct of the plebiscite.

First-class railway expenses, or where railway service is not available, actual and necessary cost, with subsistence allowance at the rate of 16s. 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 whole Constituency or the portion thereof as described above.

(d) 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.

Third-class railway expenses, or, where railway service is not available, actual and necessary cost with subsistence allowance at the rate of 6s. 6d. per night if necessarily detained on account of duty after 10.30 p.m., and 11s. 6d. per night if after 12 midnight.

(e) Travelling expenses of clerical or other assistants employed by the Returning Officer or Deputy or Assistant Returning Officer where necessary to make arrangements in connection with the conduct of the plebiscite.

Third-class railway expenses, or, where railway service is not available, actual and necessary cost with subsistence allowance at the rate of 6s. 6d. per night if necessarily detained on account of duty after 10.30 p.m. and 11s. 6d. per night if after 12 midnight.

(f) For the conveyance of polling screens, ballot boxes, ballot papers, etc., in connection with the plebiscite.

Actual railway charge, or where railway service is not available, actual and necessary cost.

(g) For printing and providing ballot papers.

As charged by Stationery Office.

(h) For printing and providing notices and other documents required in and about the plebiscite, and costs of publishing same.

As charged by Stationery Office, or where such printing is necessarily arranged for by the Returning Officer, actual necessary cost.

(i) For expenses attending the use, or hire when necessary, of any building or room for the purposes of the plebiscite.

Actual and necessary cost.

(j) For fitting up a polling station, including the provision and fitting up of voting compartments and the hire of the necessary furniture where this is not otherwise obtainable.

As charged by the Office of Public Works, or, if the work is done locally, actual and necessary cost.

(k) For every ballot box required to be purchased, hired, or repaired.

As charged by the Office of Public Works, or, if the work is done locally, actual and necessary cost.

(l) For every stamping instrument required to be purchased, hired, altered or repaired.

As charged by the Stationery Office.

(m) For stationery at each Polling Station.

As charged by the Stationery Office.

(n) For copies of the Register, not exceeding five, for each constituency.

Actual cost.

(o) For general stationery, postage and telegrams, and telephone messages.

Actual and necessary cost.

Given under the Official Seal of the Minister for

Finance, this seventeenth day of June, 1937.

(Signed) J. J. McELLIGOTT,

Secretary,

Department of Finance.