S.I. No. 220/1943 - Electricity Supply Board (Appointment of Member of Tribunal) Regulations, 1943.


STATUTORY RULES AND ORDERS. 1943. No. 220.

ELECTRICITY SUPPLY BOARD (APPOINTMENT OF MEMBER OF TRIBUNAL) REGULATIONS, 1943.

WHEREAS it is enacted by section 9 of the Electricity Supply Board (Superannuation) Act, 1942 (No. 17 of 1942)—

(a) that as soon as conveniently may be after the passing of that Act, the Minister for Industry and Commerce shall cause a tribunal to be established for the purposes therein mentioned, and

(b) that one of the members of such tribunal shall be nominated and appointed by the persons for the time being in the employment of the Electricity Supply Board who are manual workers, and

(c) that if such member of the said tribunal is for any reason temporarily unable to act as such member, the said persons shall nominate and appoint another person to act temporarily in his place, and

(d) that the said Minister may, after consultation with such person or persons or organisation or organisations as appear to him to be representative of manual workers in the employment of the said Board, make regulations prescribing the manner in which the persons who are for the time being such manual workers shall nominate and appoint the said member of the said tribunal and a person to act temporarily in his place :

AND WHEREAS the Minister for Industry and Commerce has, before making these Regulations, consulted with such person or persons or organisation or organisations as appeared to him to be representative of manual workers in the employment of the Electricity Supply Board :

NOW, the Minister for Industry and Commerce, in exercise of the power conferred on him by section 9 of the Electricity Supply Board (Superannuation) Act, 1942 (No. 17 of 1942), and of every and any other power him in this behalf enabling, hereby makes the following Regulations, that is to say :—

1. These Regulations may be cited as the Electricity Supply Board (Appointment of Member of Tribunal) Regulations, 1943.

2. In these Regulations—

the expression " the Minister " means the Minister for Industry and Commerce,

the expression " the Board " means the Electricity Supply Board,

the word " election " means an election under these Regulations of either a member of the Tribunal to be nominated and appointed by the persons for the time being in the employment of the Board who are manual workers or a person to be similarly nominated and appointed to act temporarily in the place of any such member,

the expression " the returning officer " means the person appointed under these Regulations to be the returning officer at the election in relation to which the expression is used.

3. For the purposes of these Regulations it shall be deemed to be necessary to hold an election—

(a) as soon as conveniently may be after the making of these Regulations, for the purpose of electing the person to be the member of the Tribunal to be nominated and appointed by the persons for the time being in the employment of the Board who are manual workers, and

(b) whenever the office of such member of the Tribunal shall be vacant, to elect a person to be nominated and appointed to fill such vacancy, and

(c) whenever circumstances require that a person should be elected to be nominated and appointed to act temporarily as a member of the Tribunal in the place of a member nominated and appointed as aforesaid.

4.—(1) Whenever it shall be necessary to hold an election, the Board shall cause to be published in the Iris Oifigiuil a notice (in these Regulations referred to as an election notice) stating that such election will be held and appointing—

(a) the day and hour which shall be the last day and hour for receiving nominations in such election, and

(b) the day on which ballot papers are to be issued and posted to electors at such election, and

(c) the day and hour at which the poll at such election is to be closed, and

(d) the place at which nominations and ballot papers will be received by the returning officer and the place and the day and hour at which he will attend to rule on nominations, to issue ballot papers, and to count the votes.

(2) The last day for receiving nominations at an election shall not be less than twenty-one days before the close of the poll at such election, and the date of the close of the poll at an election shall be not less than sixty days after the publication in the Iris Oifigiuil of the election notice in respect of such election.

(3) Whenever the Board publishes in the Iris Oifigiuil an election notice they shall send a copy of such notice to the secretary of every trade union which has requested in writing to be furnished with such copy.

5.—(1) Whenever it shall be necessary to hold an election, the Board shall appoint a fit and proper person to be the returning officer at such election.

(2) The returning officer at an election shall be paid, as part of the expenses of holding such election, such fee as the Board shall direct.

6.—(1) Immediately upon the publication of an election notice in the Iris Oifigiuil, the Board shall cause to be prepared a roll (in these Regulations referred to as the electoral roll) of the persons who were manual workers in the employment of the Board on the date of the said publication of such election notice.

(2) Every electoral roll shall state the surname, and other names (or initials), and the address of every person named therein.

(3) The names in the electoral roll shall be arranged alphabetically in order of surnames, and, in the case of the identity of surnames, of other names (or initials) and shall be numbered consecutively, commencing with the number one.

(4) The Board shall cause a correct copy of the electoral roll in respect of an election to be signed by the secretary or other principal officer of the Board and to be delivered to the returning officer not less than seven days before the last day for receiving nominations at such election.

(5) Every person named in the electoral roll prepared in pursuance of this Regulation in respect of an election, and no other person, shall be entitled to vote at such election.

(6) The copy of an electoral roll delivered to the returning officer in pursuance of this Regulation shall be conclusive evidence of the contents of such electoral roll.

7.—(1) Every candidate at an election shall be nominated in writing on a nomination paper in Form No. 1 in the First Schedule hereto.

(2) Every nomination paper shall be signed by a proposer and two seconders, all of whom shall be persons entitled to vote at such election.

(3) Every nomination paper shall be delivered to the returning officer not later than twelve o'clock noon on the last day for receiving nominations.

(4) On the last day for receiving nominations the returning officer shall attend at the place named in that behalf in the election notice during the whole of the period from ten o'clock in the forenoon to twelve o'clock noon to receive nominations, and shall, at the beginning of such period, produce all nomination papers previously received by him and shall, during the remainder of such period, receive any other nomination papers tendered to him.

(5) All objections to a nomination paper shall be made to the returning officer at the place and during the period for receiving nominations mentioned in the foregoing paragraph, and every such objection shall be considered and ruled upon by the returning officer during or as soon as may be after the said period but not later than one o'clock in the afternoon on the last day for receiving nominations.

(6) The ruling of the returning officer on an objection to a nomination paper or on any other question arising in relation to the nomination of the candidates shall be final.

(7) Every candidate nominated by a nomination paper and his proposer and one or both of his seconders and no other persons (except assistants employed by the returning officer) shall be entitled to attend the proceedings during the receipt of and ruling upon the nomination papers.

(8) Every objection to a nomination paper shall be made by a person who is entitled to be present and is actually present at the proceedings during the receipt of the nomination papers, and by no other person.

8.—(1) A candidate may, before twelve o'clock noon on the last day for receiving nominations but not later, withdraw from his candidature by delivering a notice to that effect, signed by him, to the returning officer.

(2) If, after the adjournment of an election by the returning officer in order to take a poll, one of the candidates nominated dies before the day for the issue of ballot papers, the returning officer shall, upon being satisfied of the fact of such death, countermand the poll and thereupon all the proceedings with reference to the election shall be commenced afresh, and for that purpose the Board shall cause to be published in the Iris Oifigiuil a notice appointing a new day and hour to be the last day and hour for receiving nominations, a new day for the issue of ballot papers and a new day and hour for the close of the poll, but in such fresh election no fresh nomination shall be necessary in respect of any candidate who stood nominated at the time of the countermand of the poll.

9. If at one o'clock in the afternoon on the last day for receiving nominations only one candidate stands nominated—

(a) if the election is an election of a person to be nominated and appointed as a member of the Tribunal, the returning officer shall declare that one candidate to be nominated and appointed to be a member of the Tribunal ;

(b) if the election is an election of a person to be nominted and appointed to act temporarily as a member of the Tribunal, the returning officer shall declare that one candidate to be nominated and appointed to the panel of persons available to act temporarily as a member of the Tribunal in place of the member of the Tribunal nominated and appointed by the persons for the time in the employment of the Board who are manual workers ;

(c) in either case, the returning officer shall inform in writing the Minister and the Board of the result of the election.

10. If at one o'clock in the afternoon on the last day for receiving nominations more than one candidate stands nominated the returning officer shall adjourn the election in order to take a poll in accordance with these Regulations.

11.—(1) At every election the ballot of each voter shall consist of a paper (in these Regulations referred to as a ballot paper) containing a list of the candidates described by their names, addresses, and descriptions as stated in their respective nomination papers and arranged alphabetically in the order of their surnames and, in the case of the identity of surnames, of their other names.

(2) The surname of each candidate shall be printed on the ballot papers in large characters and their other names and their addresses and descriptions shall be printed in small characters.

(3) Every ballot paper shall be in form No. 2 in the First Schedule hereto.

12.—(1) On the day appointed for the issue of ballot papers at an election the returning officer at such election shall send a ballot paper by post to each person whose name is on the electoral roll.

(2) The returning officer at an election in sending out, receiving, and otherwise dealing with the ballot papers at such election shall observe the rules contained in the Second Schedule to these Regulations.

13.—(1) Every person entitled to vote at an election shall be entitled to vote at that election in the following and no other manner, that is to say, by marking the ballot paper sent to him in pursuance of these Regulations, and returning that ballot paper by prepaid post to the returning officer in the covering envelope provided for that purpose.

(2) An elector in giving his vote at an election must place on his ballot paper the figure 1 opposite the name of the candidate for whom he votes and may in addition place on his ballot paper the figures 2 and 3, or 2, 3, and 4, and so on opposite the names of other candidates in the order of his preference.

(3) Any ballot paper—

(a) on which the figure 1 standing alone is not placed at all or is not so placed as to indicate a first preference for some candidate, or

(b) on which the figure 1 standing alone indicating a first preference is set opposite the name of more than one candidate, or

(c) on which the figure 1 standing alone indicating a first preference and some other number is set opposite the name of the same candidate, or

(d) on which anything is written or marked by which the voter can be identified, shall be invalid and not counted.

14.—(1) As soon as conveniently may be after the close of the poll at an election the returning officer at such election shall ascertain the result of the election in accordance with these Regulations and in particular the rules contained in the Second and Third Schedules to these Regulations.

(2) The decision of the returning officer as to any question arising at an election on the ballot papers, or the envelopes containing the same or any other matter in relation to the issue, receipt, or counting of the votes shall be final.

15.—(1) The returning officer and every one of his assistants concerned in the issue, receipt, or counting of ballot papers at an election and every candidate and nominee of such candidate present at such issue, receipt, or counting shall maintain and aid in maintaining the secrecy of the voting at such election and shall not, before the completion of the election, communicate, except for some purpose authorised by law, any information as to whether any elector has or has not voted at such election, and shall not at any time communicate to any person any information obtained at or in connection with such issue, receipt, or counting as to the candidate for whom any elector has or has not voted or as to the number on any covering envelope received by the returning officer.

(2) No person shall interfere with or attempt to interfere with the receipt, marking, or return of his ballot paper by any elector at an election.

(3) No person shall directly or indirectly induce any elector at an election to display his ballot paper after he shall have marked the same so as to make known to such person or to any other person the name of any candidate for whom he has marked his vote on such ballot paper.

16. As soon as the counting of the votes is completed—

(a) the returning officer shall prepare and sign a certificate setting out the names of the candidates (arranged in the order in which their names appear in the list to be prepared in accordance with Rule 7 of the Third Schedule to these Regulations) and stating, in respect of each candidate the total number of votes received by him, every transfer of votes made under these Regulations and the total number of votes credited to each candidate at the end of the count at which each such transfer took place ;

(b) if the election is an election of a person to be nominated and appointed to be a member of the Tribunal, the returning officer shall declare the candidate whose name appears first in such certificate to be nominated and appointed to be a member of the Tribunal, and shall declare the other candidates to be nominated and appointed, in the order in which their names appear in such certificate, to the panel of persons available to act temporarily as a member of the Tribunal during the inability of the said elected candidate to act as a member of the Tribunal ;

(c) if the election is an election of a person to be nominated and appointed to act temporarily as a member of the Tribunal, the returning officer shall declare the candidates to be nominated and appointed, in the order in which their names appear in such certificate, to the panel of persons available to act temporarily as a member of the Tribunal during the inability of the appointed member of the Tribunal to act as such member ;

(d) the returning officer shall send a copy of such certificate to the Minister and a copy thereof to the Board.

17.—(1) Whenever a person is required to act temporarily as a member of the Tribunal in the place of the member thereof who was nominated and appointed by the persons for the time being in the employment of the Board who are manual workers, such person shall be selected by the Chairman of the Tribunal from the panel of persons available to act temporarily as such member of the Tribunal.

(2) The person selected by the Chairman of the Tribunal in pursuance of this Regulation shall be the highest person on the said panel who is able and willing to act.

18. No election of a candidate at an election shall be declared void by reason only of a non-compliance with the rules contained in the Second or the Third Schedule to these Regulations or any mistake in the use of the forms prescribed by these Regulations, if it appears to the Tribunal having cognizance of the question that the election was conducted in accordance with the principles laid down in the body of these Regulations and that such non-compliance or mistake did not affect the result of the election.

FIRST SCHEDULE.

1.

FORM OF NOMINATION PAPER.

To............................................................ ..........,

Returning officer at the election of a person to be nominated and appointed to be a member of the Tribunal (or to be a person to act temporarily in the place of a member of the Tribunal), established (or, to be established) under the Electricity Supply Board (Superannuation) Act, 1942 .

We—

(a)............................................................ ..................., proposer,

of............................................................ ........,

(b)............................................................ ..................., seconder,

of............................................................ .......,

(c)............................................................ ..................., seconder,

of............................................................ .......,

hereby nominate ............................................................ ..................................................

of ............................................................ ............................................................ .........,

to be a candidate at the above-mentioned election.

(Signed) .................................................. proposer,

................................................. seconder,

................................................. seconder.

NOTE.—The full name (placing the surname LAST), address, and description of the candidate and of the proposer and each of the seconders must be stated in this Form. This Form must be signed by the proposer and by each of the seconders and must, when completed, be sent by pre-paid post to............................................., Returning Officer, at........................., so as to reach him not later than the...............day of...................., 19.....

2.

FORM OF BALLOT PAPER.

FORM OF FRONT OF BALLOT PAPER.

Mark order of preference in space below.

Names of Candidates.

DOYLE, James, of 10 Pearse Road, Blackrock, Fitter.

LYNCH, John, of 23 Connolly Square, Dundrum, Electrician.

O'BRIEN, Patrick, of 36 Seaview Drive, Dublin, Printer.

O'CONNOR, Colm, of 3 St. Patrick's Square, Dublin, Clerk.

THOMAS, Henry, of 1 Grattan Square, Terenure, Engineer.

FORM OF BACK OF BALLOT PAPER.

ELECTRICITY SUPPLY BOARD (SUPERANNUATION) ACT, 1942 .

Election of a person to be nominated and appointed to be a member of the Tribunal (or to be a person to act temporarily in the place of a member of the Tribunal).

FORM OF DECLARATION OF SECRECY.

ELECTRICITY SUPPLY BOARD (SUPERANNUATION) ACT, 1942 .

Election of a person to be nominated and appointed to be a member of the Tribunal (or to be a person to act temporarily in the place of a member of the Tribunal).

I hereby declare that I will maintain and aid in maintaining the secrecy of the voting at the above-mentioned election, and that I will not, during the conduct of the election, communicate, except for some purpose authorised by law, to any person not present by authority at the proceedings, any information obtained by me at such proceedings relating to the said election.

Dated this..........day of.................., 19.....

(Signed)................................

Returning Officer,

or Assistant to the Returning Officer,

or Candidate

or Nominee of ............................................................ ...,.

a candidate.

SECOND SCHEDULE.

Issue of ballot papers.

1. On the day for the issue of ballot papers, the returning officer shall issue in the manner directed in the following rules a ballot paper to every elector registered in the electoral roll.

Attendance of candidates.

2. Every candidate and one person nominated by him (in these Regulations referred to as a " nominee ") shall be entitled to attend at the issue of the ballot papers and the returning officer shall on the request of any such candidate or nominee inform him of the time and place at which such issue of ballot papers will be made.

Persons present at issue of ballot papers.

3. No person shall be present at the issue of ballot papers save the returning officer and his assistants, such of the candidates and their nominees as choose to attend, and such other persons (if any) as the returning officer may permit to be so present.

Method of issuing ballot papers

4. The returning officer shall issue each ballot paper by doing or causing to be done the following things in the following order, that is to say :—

(a) the number, name, and address as stated in the electoral roll of the elector to whom the ballot paper is to be issued shall be called out ;

(b) a mark shall be placed on a copy of the electoral roll opposite the elector's number thereon to denote that a ballot paper has been issued to such elector but without disclosing the identity of such ballot paper ;

(c) the said ballot paper shall be placed in an envelope (hereinafter referred to as the covering envelope) addressed to the returning officer ;

(d) the elector's number in the electoral roll shall be marked on the covering envelope ;

(e) the said covering envelope containing the said ballot paper shall be placed in an envelope (hereinafter referred to as the outer envelope) addressed to the elector at his address as stated in the electoral roll ;

(f) the outer envelope shall be effectually closed ;

(g) when the foregoing provisions of this rule have been complied with in respect of all the ballot papers to be issued, all the said closed outer envelopes shall be collected, counted, and posted.

Posting of ballot papers.

5. The returning officer shall post the said closed outer envelopes by delivering such envelopes to the nearest head post office, or such other office as may be arranged with the head postmaster, and the postmaster at such office shall stamp with the post office date stamp a form of receipt to be presented by the returning officer stating the number of envelopes so delivered, and shall immediately forward such envelopes by post for delivery to the persons to whom they are addressed.

Preservation of electoral roll.

6. The returning officer, as soon as practicable after the completion of the issue of the ballot papers and in the presence of the candidates and their nominees in attendance, shall enclose in an envelope (hereinafter referred to as the electoral roll envelope) sealed with his own seal and sealed by such of the candidates or nominees as desire to affix their seals, the marked copy of the electoral roll.

The ballot box.

7. The returning officer shall provide a ballot box for the reception of the covering envelopes when returned by the voters, and on the completion of the issue of the ballot papers the returning officer shall show such ballot box open and empty to the candidates and nominees (if any) present, and shall seal such ballot box with his seal and shall make provision for the safe custody of such ballot box.

Disposal of covering envelopes on receipt.

8. The returning officer shall forthwith place unopened in the ballot box every covering envelope received by him before the close of the poll and shall seal up unopened in a separate package all covering envelopes received by him after the close of the poll and shall also seal up unopened in a separate package all outer envelopes returned to him as undelivered.

Notice of counting of votes.

9. Not less than three days before the close of the poll the returning officer shall send by post every candidate notice in writing of the time and place at which he will open the ballot box and count the votes.

Opening of the ballot box.

10. As soon as conveniently may be after the close of the poll the returning officer shall open the ballot box and count the votes.

Persons present at counting of votes.

11. No person shall be present at the opening of the ballot box or the counting of the votes save the returning officer and his assistants, such of the candidates and their nominees as choose to attend, and such other persons (if any) as the returning officer may permit to be present.

Procedure on opening of the ballot box.

12. When the ballot box has been opened the returning officer shall do the following things, that is to say :—

(a) take all the covering envelopes out of the ballot box and count and note the number thereof ;

(b) open the electoral roll envelope, remove therefrom the electoral roll, and compare the number on each such covering envelope with the corresponding number in the electoral roll ;

(c) if the returning officer finds in respect of any such covering envelope that there is a mark opposite to the said corresponding number in the electoral roll to denote that a ballot paper was issued to the elector bearing that number, he shall open such covering envelope and place the ballot paper (if any) contained therein in a separate receptacle provided by him for ballot papers, but if there is no such mark opposite to such corresponding number on the electoral roll he shall endorse such covering envelope " rejected " and place it unopened in a separate receptacle provided by him for such unopened envelopes.

Preservation of rejected covering envelopes.

13. When all the covering envelopes have been dealt with under the preceding rule the returning officer shall seal up the receptacle containing the unopened covering envelopes marked " rejected " as aforesaid.

Counting of the votes.

14. When the returning officer has complied with the foregoing rules he shall mix together thoroughly the ballot papers contained in the said separate receptacle and shall then take the said ballot papers out of the said separate receptacle, count and note the number thereof and then count, in accordance with the rules contained in the Third Schedule to these Regulations, the votes recorded on the said ballot papers.

Rejection of invalid ballot papers.

15. The returning officer shall endorse " rejected " on any ballot paper which he rejects as invalid and, if an objection be made to his decision rejecting the ballot paper by any person present at the time of such rejection who is a candidate or nominne, the returning officer shall add to the said endorsement " rejection objected to. "

Continuity of proceedings under this Schedule.

16. The returning officer shall so far as practicable proceed continuously with the proceedings under the Schedule subsequent to the opening of the ballot box and with the counting of the votes but may at any time suspend such proceedings or counting for refreshment, night-time or other reasons appearing to him to be sufficient for such period as he thinks proper, and whenever he does so suspend such proceedings or such counting he shall take all proper precautions for the security of the ballot papers, envelopes, votes, and other documents relating to the election.

Declaration of secrecy.

17. The returning officer and every of his assistants taking part in any of the proceedings under this Schedule or the counting of the votes and every candidate and nominee attending any of the said proceedings or the said counting shall, before so taking part or so attending, sign an undertaking in the form annexed to these Rules to preserve the secrecy of the voting.

Preservation of ballot papers.

18. Upon the completion of the counting of the votes the returning officer shall seal up in separate packets the counted ballot papers and the ballot papers rejected as invalid.

Retention of documents by the returning officer.

19. The returning officer shall retain for six months from the close of the poll the several sealed packets of the marked copy of the electoral roll, the covering envelopes received after the close of the poll, the outer envelopes returned as undelivered, the rejected ballot papers, the counted ballot papers, and the invalid ballot papers, and shall at the end of the said period of six months destroy all the said sealed packets unless a Court of competent jurisdiction shall have otherwise ordered.

Endorsement of packets by the returning officer.

20. Whenever the returning officer is required by this Schedule to seal up any documents in a separate packet he shall endorse on such packet a statement of the number and character of such documents and the election to which they relate.

THIRD SCHEDULE.

COUNTING OF THE VOTES.

1.—(1) After the ballot papers have been mixed in accordance with the Rules contained in the Second Schedule to these Regulations, the returning officer shall, rejecting any that are invalid, cause the ballot papers to be arranged in parcels according to the first preferences recorded for each candidate.

(2) The returning officer shall then count the number of papers in each parcel, and credit each candidate with a number of votes equal to the number of valid papers on which a first preference has been recorded for such candidate, and he shall ascertain the full total number of all valid papers.

2. The returning officer shall then divide the full total number of all valid papers by the number two. The result increased by one, any fractional remainder being disregarded, shall be the number of votes sufficient to secure the return of a candidate. This number is herein called the " quota. "

3. If at the end of any count the number of votes credited to a candidate is equal to or greater than the quota, that shall be deemed to be elected.

4.—(1) If at the end of any count the number of votes credited to a candidate is greater than the quota, the surplus shall be transferred in accordance with the provisions of this Rule to the continuing candidate or candidates indicated on the ballot papers in the parcel or sub-parcel of the elected candidate, according to the next available preferences recorded thereon.

(2) (a) If the votes credited to the elected candidate consist of original votes only, the returning officer shall examine all the papers in the parcel of the elected candidate whose surplus is to be transferred, and shall arrange the transferable papers in sub-parcels according to the next available preferences recorded thereon.

(b) If the votes credited to the elected candidate consist of original and transferred votes, or of transferred votes only, the returning officer shall examine the papers contained in the sub-parcel last received by the elected candidate, and shall arrange the transferable papers therein in further sub-parcels according to the next available preferences recorded thereon.

(c) In either of the cases referred to in paragraphs (a) and (b) of this sub-section the returning officer shall make a separate sub-parcel of the non-transferable papers, and shall ascertain the number of papers in each sub-parcel of transferable papers, and in the sub-parcel of non-transferable papers.

(3) If the surplus is equal to or greater than the total number of papers in the sub-parcels of transferable papers, the returning officer shall transfer each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voters' next available preference ;

Provided that where the surplus is greater than such total number a sub-parcel shall be made of a number of non-transferable papers equal to the difference between the said total number and the surplus and the papers in such sub-parcel shall be set aside and not further taken into account and the remaining non-transferable papers also arranged as a sub-parcel shall be placed with the papers of the candidate deemed to be elected.

(4) (a) If the surplus is less than the total number of transferable papers, the returning officer shall transfer from each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voters' next available preference that number of papers which bears the same proportion to the number of papers in the sub-parcel as the surplus bears to the total number of transferable papers.

(b) The number of papers to be transferred from each sub-parcel shall be ascertained by multiplying the number of papers in the sub-parcel by the surplus and dividing the result by the total number of transferable papers. A note shall be made of the fractions, if any, in each quotient ascertained in respect of each candidate.

(c) If, owing to the existence of such fractions, the number of papers to be transferred is less than the surplus, so many of these fractions taken in the order of their magnitude, beginning with the largest, as are necessary to make the total number of papers to be transferred equal to the surplus, shall be reckoned as of the value of unity, and the remaining fractions shall be ignored.

If two or more fractions are of equal magnitude, that fraction shall be deemed to be the largest which arises from the largest sub-parcel, and if such sub-parcels are equal in size, preference shall be given to the candidate who obtained the largest number of original votes. Where the numbers of such original votes are equal regard shall be had to the total number of votes credited to such candidates, at the first count at which they had an unequal number of votes, and the fraction credited to the candidate with the greatest number of votes at that count shall be deemed to be the largest. Where the number of votes credited to such candidates were equal at all counts the returning officer shall determine by lot which fraction shall be deemed to be the largest.

(d) The particular papers to be transferred from each sub-parcel shall be those last filed in the sub-parcel, and each paper so transferred shall be marked stamped or perforated so as to indicate the number of the count at which the transfer took place.

(5) The returning officer need not necessarily transfer the surplus of the elected candidate when that surplus is less than the difference between the numbers of the votes credited to the two lowest continuing candidates.

5.—(1) If at any time no candidate has a surplus, and the vacancy remains unfilled, the returning officer shall exclude the candidate credited with the lowest number of votes, and shall examine all the papers of that candidate, and shall arrange the transferable papers in sub-parcels according to the next available preferences recorded thereon for continuing candidates, and shall transfer each sub-parcel to the candidate for whom that preference is recorded, and shall make a separate sub-parcel of the non-transferable papers. The non-transferable papers shall be set aside as finally dealt with.

(2) If the total of the votes of the two or more lowest candidates is less than the number of votes credited to the next highest candidate, the returning officer may in one operation exclude those candidates and transfer their votes in accordance with paragraph (1) of this Rule.

(3) If, when a candidate has to be excluded under this Rule, two or more candidates have each the same number of votes and are lowest, regard shall be had to the number of original votes credited to each of those candidates, and the candidate with the smallestnumber of original votes shall be excluded, and where the numbers of the original votes are equal, regard shall be had to the total numbers of votes credited to those candidates at the first count at which they had an unequal number of votes, and the candidate with the lowest number of votes at that count shall be excluded and, where the numbers of votes credited to those candidates were equal at all counts, the returning officer shall determine by lot which shall be excluded.

6. Whenever any transfer is made under any of the preceding Rules, each sub-parcel of papers transferred shall be placed on top of the parcel, if any, of papers of the candidate to whom the transfer is made, and that candidate shall be credited with a number of votes equal to the number of papers transferred to him.

7.—(1) When the surplus (if any) of the elected candidate has been dealt with in accordance with the preceding Rules a list shall be prepared of all the candidates, placing them in the order in which they then stand, or, in the case of candidates who have been eliminated, in the order in which they stood immediately prior to being eliminated.

(2) If two or more candidates are credited with an equal number of votes as the result of the distribution of the surplus (if any) of the elected candidate, regard shall be had to the number of original votes credited to each of those candidates, and the said candidates shall be placed in the list in relation to each other in the order of the number of original votes received by each and, where the numbers of original votes are equal, regard shall be had to the total numbers of votes credited to those candidates at the first count at which they had an unequal number of votes, and the said candidates shall be placed in the list in relation to each other in the order of the number of votes credited to each at such count and, where the numbers of votes credited to those candidates were equal at all counts, the returning officer shall determine by lot the order in which their names shall appear in relation to each other in the said list.

8.—(1) Any candidate or his nominee may, at the conclusion of any count, request the returning officer to re-examine and recount all or any of the papers dealt with during that count, and the returning officer shall forthwith re-examine and recount accordingly the papers indicated without making any alterations in the arrangement of the papers in the various parcels, save where such alterations may be necessary in consequence of any error discovered in the recount. The returning officer may also at his discretion recoun papers either once or more often in any case in which he is not satisfied as to the accuracy of any count : Provided that nothing herein shall make it obligatory on the returning officer to recount the same parcel of papers more than once.

(2) On any such recount, each paper shall take the same course as at the original counting of the votes.

9. If any question shall arise in relation to the exclusion of any candidate under Rule 5 or to any transfer of votes, the decision of the returning officer, whether expressed or implied by his acts, shall be final.

10. In these Rules—

(1) The expression " continuing candidate " means any candidate not deemed to be elected and not excluded.

(2) The expression " first preference " means the figure " 1 " standing alone ; the expression " second preference " means the figure " 2 " standing alone in succession to the figure " 1 " and the expression " third preference " means the figure " 3 " standing alone in succession to the figures " 1 " and " 2 " set opposite the name of any candidate, and so on.

(3) The expression " next available preference " means a second or subsequent preference recorded in consecutive numerical order for a continuing candidate, the preference next in order on the ballot paper for candidates already deemed to be elected or excluded being ignored.

(4) The expression " transferable paper " means a ballot paper on which, following a first preference, a second or subsequent preference is recorded in consecutive numerical order for a continuing candidate.

(5) The expression " non-transferable paper " means a ballot paper on which no second or subsequent preference is recorded for a continuing candidate.

Provided that a paper shall be deemed to have become a non-transferable paper whenever—

(a) the names of two or more candidates (whether continuing or not) are marked with the same number and are next in order of preference ; or

(b) the name of the candidate next in order of preference (whether continuing or not) is marked—

(i) by a number not following consecutively after some other number on the ballot paper; or

(ii) by two or more numbers; or

(c) it is void for uncertainty.

(6) The expression " original vote " in regard to any candidate means a vote derived from a ballot paper on which a first preference is recorded for that candidate.

(7) The expression " transferred vote " in regard to any candidate, means a vote derived from a ballot paper on which a second or subsequent preference is recorded for that candidate.

(8) The expression " surplus " means the number of votes by which the total number of votes, original and transferred credited to any candidate, exceeds the quota.

(9) The expression " count " means—

(a) all the operations involved in the counting of the first preferences recorded for candidates ; or

(b) all the operations involved in the transfer of the surplus of the elected candidate ; or

(c) all the operations involved in the transfer of the votes of an excluded candidate.

(10) The expression " deemed to be elected " means deemed to be elected for the purpose of counting of the votes, but without prejudice to the declaration of the poll.

(11) The expression " determine by lot " means determine in accordance with the following direction :—The names of the candidates concerned having been written on similar slips of paper, and the slips having been folded so as to prevent identification and mixed and drawn at random, the candidate or candidates shall, in cases of exclusion be excluded in the order in which their names are drawn, and, in the case of preparation of a list of candidates, be placed in the list in the order in which their names are drawn.

GIVEN under the Official Seal of the Minister for Industry and Commerce this 3rd day of June, 1943.

(Signed) SEAN F. LEMASS,