S.I. No. 352/1986 - Elections To Regional Fisheries Boards (Amendment) Regulations, 1986.


S.I. No. 352 of 1986.

ELECTIONS TO REGIONAL FISHERIES BOARDS (AMENDMENT) REGULATIONS, 1986.

I, LIAM KAVANAGH, Minister for Tourism, Fisheries and Forestry, in exercise of the powers conferred on me by section 12 (3) of the Fisheries Act, 1980 (No. 1 of 1980), and the Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order, 1977 ( S.I. No. 30 of 1977 ) (as adapted by the Fisheries and Forestry (Alteration of Name of Department and Title of Minister) Order, 1986 ( S.I. No. 40 of 1986 )), hereby make the following Regulations:

1. These Regulations may be cited as the Elections to Regional Fisheries Boards (Amendment) Regulations, 1986.

2. These Regulations shall come into operation on the 31st day of October, 1986.

3. The Elections to Regional Fisheries Boards Regulations, 1981 (S.I. No. 361 of 1981), are hereby amended by the substitution for subparagraph (a) of paragraph 4 of Article 8 of the following subparagraph—

"( a ) Subject to subparagraph (b) of this paragraph, a person nominated as a candidate for election shall be nominated by at least 5 persons who are entitled to vote in the class of electorate to which the nomination relates, and a candidate for election may be one of the five persons who nominate him for that election: provided, however that where the number of persons who are entitled to vote in the class of electorate to which the nomination relates is less than five, then, a person nominated as a candidate for election shall be nominated by that lesser number and a candidate for election may be one of the persons who nominate him or a candidate for election may nominate himself where such a number of persons so entitled to vote is one.".

4. The First Schedule to the Elections to Regional Fisheries Boards Regulations, 1981, is hereby amended by the substitution for paragraph (ii) of the Instructions to Nominator(s) set out in Part II of that Schedule of the following paragraph:

"(ii) Nominator(s): Except in the case of a candidate who is a rated occupier of a fishery each candidate must be nominated by at least five nominators one of whom may be the candidate or, in a case where the number of nominators is less than five, by that number of nominators one of whom may be the candidate; provided also that where the number of persons who are so entitled to vote is one that person may nominate himself. Each of these nominators must be a member of the same class of the electorate as the person he is nominating. In the case of a rated occupier of a fishery or his agent duly appointed under Section 328 of the Fisheries (Consolidation) Act, 1959 only one nominator is required who may be the candidate.".

5. The Elections to Regional Fisheries Boards Regulations, 1981, are hereby amended by the substitution for the "Form of Declaration of Identity" in the Fourth Schedule thereto of the following Form of Declaration of Identity:—

"FORM OF DECLARATION OF IDENTITY

I hereby declare that I am the voter to whom this Ballot of Paper has been issued and that I am a person of the same class of electorate as the candidate for whom I have voted.

Name of voter:

............................................................ ...............

(Block Capitals)

Address of Voter:

............................................................ ................

(Block Capitals)

Class of Electorate under which vote is cast:

............................................................ ................

(Block Capitals)

Signature of Voter:

............................................................ ................

Signed in the presence of:

............................................................ ................

Name of witness:

............................................................ ................

(Block Capitals)

Address of Witness

............................................................ ................

(Block Capitals)

Description:

............................................................ ................

(Block Capitals)

Signature of witness:

............................................................ ................"

6. The Fourth Schedule to the elections to Regional Fisheries Boards Regulations, 1981, is hereby amended by the insertion in paragraph 5 of the instructions to the voter in that Schedule of the following words "For the avoidance of doubt, postage must be paid by the voter when a vote is sent by post.".

GIVEN under my Official Seal, this 31st day of October, 1986.

LIAM KAVANAGH,

Minister for Tourism, Fisheries and Forestry.

EXPLANATORY NOTE.

These Regulations amend the Elections to Regional Fisheries Boards Regulations, 1981 (S.I. No. 361 of 1981) by providing that where the number of persons who are entitled to vote in a class of electorate is less than five, a person may be nominated as a candidate for election in that class by that lesser number. These Regulations also make some minor amendments in the First and Fourth Schedules of the 1981 Elections Regulations.