S.I. No. 78/1964 - Electoral (Polling Schemes) Regulations, 1964.

S.I. No. 78 of 1964.

ELECTORAL (POLLING SCHEMES) REGULATIONS, 1964.

The Minister for Local Government in exercise of the powers conferred on him by section 22 of the Electoral Act, 1963 (No. 19 of 1963) hereby makes the following Regulations :—

1. These Regulations may be cited as the Electoral (Polling Schemes) Regulations, 1964.

2. In these Regulations—

" the Minister " means the Minister for Local Government ;

" the Act " means the Electoral Act, 1963 ;

" the authority " means the council of the county or the corporation of the county borough to which a scheme relates ;

" local authority " means the corporation of a borough, the council of an urban district and the commissioners of a town in a county to which a scheme relates ;

" local electoral area " means the area, or any of the areas (as may be appropriate) by reference to which a local election is held ;

" returning officer " means the returning officer for each Dáil constituency or part of a Dáil constituency comprised in a county or county borough to which a scheme relates ;

" scheme " means a scheme under section 22 of the act dividing a county or county borough into polling districts for the purposes of Dáil elections and elections of members of local authorities within the meaning of Part VI of the Act and appointing a polling place for each polling district ;

" town " means a town in which the Towns Improvement (Ireland) Act, 1854 is in operation.

3. A scheme shall—

(a) have a separate section for each Dáil constituency or part of a Dáil constituency to which it relates ;

(b) distinguish in each such section the part relating to each local electoral area or part of a local electoral area comprised therein ;

(c) divide a county or county borough into polling districts consisting as far as practicable, of one or more district electoral divisions or wards ;

(d) set forth—

(i) the name of every polling district constituted thereby ;

(ii) the district electoral divisions or wards of which every such polling district is composed or, where portion only of a district electoral division or ward is included in a polling district, the townlands or other areas included in such portion ;

(iii) the polling place appointed for each polling district.

4. (1) Before making a scheme, the authority shall prepare a draft of the scheme (hereinafter referred to as a "draft scheme") and shall send a copy thereof and a summary of any changes proposed to be effected thereby to each returning officer, to each local authority and to each member of Dáil Éireann for the constituency or constituencies to which the draft scheme relates with a statement that the authority will consider any proposals for alterations in the proposed scheme notified to the authority within five weeks from the day on which such copy is sent.

(2) Each returning officer, local authority and member of Dáil Éireann may notify the authority within five weeks from the day on which such copy is sent, of any alterations which he or they consider should be made in the proposed scheme.

(3) On the expiration of the said period, the authority shall consider any proposals for alterations in the scheme notified to them in accordance with paragraph (2) of this article and may then make the scheme in accordance with the draft scheme or with such amendments of the draft scheme as they consider proper.

5. Where a scheme has been made, the authority shall—

(a) forthwith give public notice in a newspaper or newspapers circulating in the county or county borough to which the scheme relates, and otherwise as they think fit, of the making of the scheme, of the deposit of copies of the scheme for inspection at a specified place or places with a statement that the Minister will consider representations in relation to the proposed scheme, made to him within a period not exceeding two weeks from the date of the publication of such notice ;

(b) keep copies of the scheme available for inspection during office hours for a period of two weeks from the date of publication of such notice at the place or places specified in the notice and in the case of a scheme for a county, there shall be at least one such place in each borough, urban district and town in the county ;

(c) furnish a copy of the scheme to any person making application therefor on payment of a fee of ten shillings ;

(d) send a copy of the scheme, free of charge, to each returning officer, to each local authority and to each member of Dáil Éireann for the constituency or constituencies to which the scheme relates.

6. As soon as may be after the expiration of the period of two weeks specified in paragraph (b) of article 5 of these Regulations, the authority shall forward to the Minister—

(a) a copy of the resolution making the scheme ;

(b) two copies of the scheme sealed with the seal of the authority ;

(c) a certificate that the requirements of articles 4 and 5 of these Regulations have been duly complied with in relation to the scheme ;

(d) copies of any proposals for alterations in the scheme notified in pursuance of paragraph (2) of article 4 of these Regulations and a statement of the authority's observations thereon ;

(e) a summary of any changes made by the scheme;

(f) a statement of the number of electors, according to the register of electors for the time being in force, in each polling district, and

(g) a statement of the date on which it is intended by the authority that the scheme shall come into operation.

7. Where a scheme has been confirmed by the Minister the authority shall—

(a) give public notice in such manner as they think fit of the confirmation of the scheme and of the date on which the scheme is to come into operation ;

(b) furnish a copy of the scheme, as confirmed, to the Minister, to each returning officer, to each local authority and to each member of Dáil Éireann for each constituency to which the scheme relates ;

(c) keep a copy of the scheme, as confirmed, available for inspection during office hours at the office of the authority ;

(d) in the case of a scheme for a county, forward a copy of the scheme to each local authority, and

(e) furnish a copy of the scheme as so confirmed to every person making application therefor on payment of a fee of ten shillings.

8. Each local authority to whom a copy of a scheme has been forwarded pursuant to paragraph (d) of article 7 of these Regulations shall keep a copy of the scheme available for inspection at the offices of the local authority.

GIVEN under the Official Seal of the Minister for Local Government this first day of April, 1964.

NEIL T. BLANEY,

Minister for Local Government.

EXPLANATORY NOTE.

These Regulations set out the procedure to be followed by county councils and county borough corporations in making schemes of polling districts and polling places for Dáil and local elections. The Regulations replace the polling Districts and Polling Places Rules, 1923 and 1925, and the Local Elections (Polling Districts and Polling Places) Rules, 1928.