S.I. No. 257/1990 - Presidential Elections (Local Returning Officers' Charges and Accounts) Regulations, 1990.

S.I. No. 257 of 1990.

PRESIDENTIAL ELECTIONS (LOCAL RETURNING OFFICERS' CHARGES AND ACCOUNTS) REGULATIONS, 1990.

I, ALBERT REYNOLDS, Minister for Finance, in exercise of the powers conferred on me by section 21 (5) of the Presidential Elections Act, 1937 (No. 32 of 1937), as extended by section 44 (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 Presidential Elections (Local Returning Officers' Charges and Accounts) Regulations, 1990.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations.

3. 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 officer for the purposes of or in connection with a presidential election;

"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 respect of which such officer is the local returning officer.

4. The scale of maximum charges for the purposes of section 21 of the Presidential Elections Act, 1937 (No. 32 of 1937), as extended by section 44 of the Electoral Act, 1963 (No. 19 of 1963), and by section 26 of the Electoral (Amendment) (No. 2) Act, 1986 (No. 35 of 1986), to be paid to local returning officers shall be the scale set forth in the Schedule to these Regulations.

5. 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 6 (1) (a) of the Presidential Elections Act, 1937 , to be the last day on which the presidential returning officer may receive nominations for the election.

6. 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, ".

7. In the case of disbursements which have been already 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.

8. 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.

9. 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.

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

11. The scale of maximum charges to be paid to local returning officers prescribed by the Presidential Elections (Local Returning Officers' Charges and Accounts) Regulations, 1984 ( S.I. No. 64 of 1984 ), shall not apply to any presidential election held after 1984.

12. The Presidential Elections (Local Returning Officers' Charges and Accounts) Regulations, 1977 ( S.I. No. 45 of 1977 ), and the Presidential Elections (Local Returning Officers' Charges and Accounts) Regulations, 1984 ( S.I. No. 64 of 1984 ) are hereby revoked.

SCHEDULE

SCALE OF MAXIMUM CHARGES

PART I

General

(A) References in this scale to local returning officers include, where appropriate, references to deputy and acting local returning officers.

(B) No payment shall be made for any of the services referred to in Parts II and III of this Schedule to more than one person in respect of the same constituency or portion of a constituency.

PART II

Contested Presidential Elections

(A) Fees of Local Returning Officers

(1) For performing all the duties which a local returning officer is required by law to perform in connection with a presidential election (other than duties in connection with the matters specially provided for at paragraphs (2), (3), (4) and (5) below)—


For every complete 100 of the electors or fraction thereof exceeding one-half:—	£
up to 30,000 electors ... ... ... ...	2.00
30,000 to 50,000 electors ... ... ... ...	1.20
exceeding 50,000 electors ... ... ... ...	0.95

Provided that where a person is 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 that person is local returning officer shall, for the purposes of the foregoing provisions of this paragraph, be deemed to be a single constituency.

(2) For despatch and receipt of ballot papers of postal voters:—


For every 100 postal voters or fraction thereof exceeding one-half on the register for the	£
constituency ... ... ... ... ... ...	15.00
subject to a minimum fee of ... ... ... ...	45.00

(3) For all duties appertaining to special voters:—


For every complete 100 special voters, or fraction	£
thereof exceeding one-half, on the special voters list	20.25
subject to a minimum fee of	50.00

(4) For all duties appertaining to the counting of the votes in the constituency:—

	£
Up to 50,000 electors ... ... ... ...	150.00
For each complete 5,000 electors or fraction thereof exceeding one half, in excess of 50,000 electors	5.00

(5) In the event of a recount of votes under Rule 28 (3) of the First Schedule to the Presidential Elections Act, 1937 , there shall be paid in respect thereof such sum as may be authorised by the Minister for Finance based on (a) the time spent thereon and (b) the 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 that deputy local returning officer).

(B) Disbursements of Local Returning Officers

(1) Taking the Poll
( a ) 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) ... ...	51.00
for shorter periods— per hour ...	8.50

( b ) (i) each presiding officer— to cover all expenses other than travelling expenses and subsistence	£
allowances authorised in this scale ...	45.50
(ii) one additional presiding officer appointed by the local returning officer for each polling place where the number of polling stations exceeds four	£ 51.00
( c ) A local returning officer may appoint one emergency presiding officer in a constituency who may be paid a retaining fee of £22.00 to be increased to the full appropriate fee if the officer so appointed is necessarily employed as a presiding officer, and in the case of a constituency, 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 presidency officers may be so appointed and paid.
( d ) one poll clerk for each presiding officer referred to at subparagraph (b) (i) of this paragraph ... ...	£ 33.00
(2) Counting the Votes
Up to 50,000 electors ... ... ... ...	740.00
for each complete 1,000 electors in excess of50,000 electors ... ... ... ... ... ...	7.40
(The totalsum shall be divided at the discretion of the local returning officer between all competent persons appointed to assist the local returning officer in counting the votes).
(3) Miscellaneous
( a ) (i) clerical, legal and other assistance employed by the local returning officer for the purpose of the election (excluding any services for which payment is otherwise authorised in this scale) — and for all expenses of the local returning officer not so authorised:—

For every complete 100 electors or fraction thereof	£
exceeding one-half ... ... ... ...	3.70

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 that person performs those duties shall, for the purposes of this clause, be deemed to be a single constituency.

In respect of assistance, referred to in clause (i) of this subparagraph, employed by the local returning officer, £190.00, provided that where a local returning officer acts for more than one constituency, the additional sum payable in respect of each constituency after the first shall not exceed £95.00.

( 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.
( c ) remuneration of persons engaged in the despatch and receipt of postal and special voters' ballot papers:—
For every complete 100 such voters, or fraction thereof exceeding one-half on the register for the constituency... ... ...	£ ... ... ... ... 15.00
subject to a minimum fee of	... ... ... ... 40.00
( d ) local returning officer's or deputy local returning officer's travelling expenses and subsistence allowances where necessary to make arrangements for the poll or otherwise in connection with the conduct of the election.	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 such 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 43p 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 ... ... £36.00.
	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) ... ... £15.15.
	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 the local returning officer's headquarters) ... ... £6.30.
( 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.	Public transport expenses, or, where public transport is not suitable, actual and necessary cost, subject to such conditions (if any) as may stand specified from time to time by the Minister for Finance;
( g ) travelling expenses and subsistence allowances of clerical or other assistants employed by the local returning officer or deputy local returning officer in connection with the conduct of the election.	motor mileage allowances for a private car at the rate of 43p per mile;
subsistence allowances at the rate of £5.75 if necessarily detained on account of duty after 10.30 p.m., or £7.85 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 £5.75 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 ... ... £32.00.
( h ) conveying of polling screens ballot boxes, ballot papers etc., in connection with the election.	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 election.	Cost charged by the Government Supplies Agency or where printing is arranged for by the local returning officer, the actual and necessary cost.
( j) use of any building or room for the purpose of the election .	Actual and necessary expenses arising.
( k ) fitting-up polling stations, including the provision of voting compartments and the hire of necessary furniture.		Cost as charged by the Office of Public Works, or, if the work is done locally actual and necessary cost.
( l ) ballot boxes required to be purchased, hired or repaired.
( m ) stamping instruments to be purchased, hired, altered or repaired.		Cost as charged by the Government Supplies Agency.
( n ) stationery at polling stations.
( o ) general stationery, postage, telegram and telephone messages.	Actual and necessary cost.

(4) In the event of a recount of votes under Rule 28 (3) of the First Schedule of the Presidential Elections Act, 1937 , there shall be paid in respect thereof such sum as may be authorised by the Minister for Finance based on (a) the time spent thereon and (b) remuneration for the original count.

PART III

Uncontested Elections

(A) Fees to Local Returning Officers

The fee for performing all the duties which a local returning officer is required by law to perform in connection with an uncontested presidential election shall be an amount equal to one quarter of the amount which would be payable to the local returning officer under paragraph (1) of Part II (a) of this Schedule if the election were a contested election.

(B) Disbursements of Local Returning Officers

The disbursements of local returning officers in connection with an uncontested presidential election, being disbursements made in relation to preliminary work undertaken in anticipation of a contest (including clerical, legal or other assistance), shall be the actual and necessary cost and be subject to the limits specified in Part II (B) of this Schedule.

GIVEN under my Official Seal, this 2nd day of November, 1990.

ALBERT REYNOLDS,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations prescribe the scale of maximum charges for local returning officers in respect of a presidential election for the purpose of payment of such charges.