S.I. No. 104/1972 - Referendum (Local Returning Officers' Charges and Accounts) Regulations, 1972.


S.I. No. 104 of 1972.

REFERENDUM (LOCAL RETURNING OFFICERS' CHARGES AND ACCOUNTS) REGULATIONS, 1972.

I, SEOIRSE Ó COLLA, Minister for Finance, in exercise of the powers conferred on me by section 12 (5) of the Referendum Act, 1942 (No. 8 of 1942) (as extended by section 64 (4) of the Electoral Act, 1963 (No. 19 of 1963) ), hereby make the following regulations:

1. These Regulations may be cited as the Referendum (Local Returning Officers' Charges and Accounts) Regulations, 1972.

2. In these Regulations—

"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 Dáil electors for the constituency in respect of which he is the local returning officer;

"accounts" means the accounts of a local returning officer in respect of services and expenses which have been properly rendered or incurred by him for the purposes of or in connection with a referendum.

3. The scale of maximum charges for the purposes of section 12 of the Referendum Act, 1942, as extended by section 64 of the Electoral Act, 1963 , and, in the case of the referendum in relation to the Third Amendment of the Constitution Bill, 1971, section 5 of the Electoral (Amendment) Act, 1972 (No. 4 of 1972) shall be the scale set out in the Schedule to these Regulations.

4. The accounts shall be rendered to the Minister for Finance within a period of six weeks from polling day by being addressed and sent to the Secretary, Department of Finance, 72/76 St. Stephen's Green, Dublin 2.

5. 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 declare that the accounts rendered by me in respect of my services and disbursements are correct to the best of my knowledge and belief.

(Signed)

6. 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 shall be submitted with the accounts.

7. The accounts shall be prepared in such form as shows the items of expenditure and the total thereof under each of the various headings specified in the appropriate scale of maximum charges.

8. 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 payment out of the Central Fund.

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

10. The scale of maximum charges to be paid to local returning officers prescribed by the Referendum (Local Returning Officers' Charges and Accounts) Regulations 1968 ( S.I. No. 195 of 1968 ), shall not apply to any referendum the poll at which is taken after the making of these Regulations.

SCHEDULE.

(A)—FEES TO LOCAL RETURNING OFFICER WHO IS NOT A COUNTY REGISTRAR.

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

For every complete 100 of the electors—

£

up to 150,000 electors .. .. .. .. .. ..

0·30

exceeding 150,000 electors .. .. .. .. .. ..

0·10

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 he 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 and for despatch of polling cards to postal voters:—

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

3·00

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

5·00

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

Up to 50,000 electors .. .. .. .. .. .. ..

17·50

For each complete 5,000 electors or fraction thereof exceeding one half over 50,000 .. .. .. .. .. .. ..

0·87

(4) In the event of a recount of votes under Rule 26 of the First Schedule to the Referendum Act, 1942, 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.

(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 him).

(B)—DISBURSEMENTS OF LOCAL RETURNING OFFICER.

(1) Taking the poll.

(a) each presiding officer—to cover all expenses, other than travelling expenses and subsistence allowances, authorised in this scale .. .. .. .. .. ..

7·50

Provided that where the number of polling stations in a polling place exceeds four, £8·50 may be paid in the case of such one (and one only) of the presiding officers as may be designated by the local returning officer.

A local returning officer may appoint one emergency presiding officer in a constituency who may be paid a retaining fee of £4·20 to be increased to the full appropriate fee if he is necessarily employed as a presiding officer, and in the case of a constituency not situate in one county only, 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 presiding officers may be so appointed and paid.

(b) one poll clerk for each presiding officer .. .. ..

4·90

(2) Counting the Votes.

Up to 30,000 electors .. .. .. .. .. ..

126·00

For each complete 1,000 electors over 30,000 .. .. ..

1·40

(The total sum shall be divided at the discretion of the local returning officer between all competent persons appointed to assist him in counting the votes).

(3) Miscellaneous.

(a) clerical, legal and other assistance employed by the local returning officer for the purposes of the referendum— excluding any services for which payment is otherwise authorised by this scale—and for all expenses of the local returning officer (including, in particular, expenses incurred in complying with section 64 of the Electoral Act, 1963 (No. 19 of 1963), and with section 5 of the Electoral (Amendment) Act, 1972 (No. 4 of 1972) ) not so authorised—

For every complete 100 electors or fraction thereof exceeding one-half in the constituency—

Up to 20,000 electors .. .. .. .. ..

0·73

Exceeding 20,000 electors but not exceeding 150,000 electors .. .. .. .. .. .. ..

0·69

Exceeding 150,000 electors .. .. .. ..

0·63

Provided that where a person performs the duties of a returning officer for more than one constituency, or for portions of more than one constituency, all the constituencies or portions of constituencies for which he performs those duties shall, for the purposes of this sub-paragraph, be deemed to be a single constituency;

together with, in respect of assistance as aforesaid employed by the local returning officer, £50; 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 £35.

(b) for the assistance of a special legal assessor employed by the local returning officer with the prior consent of the Minister for Local Government.

Such sum as may be authorised by the Minister for Finance.

(c) 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 for the constituency .. .. .. .. .. ..

3·00

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

5·00

(d) local returning officer's or deputy local returning officer's travelling expenses where necessary to make arrangements for the poll or otherwise in connection with the conduct of the referendum.

First-class railway expenses, or, where rail service is not available, actual and necessary cost, with subsistence allowance at the rate of £2·25 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 constituency).

(e) 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.

(f) travelling expenses of clerical or other assistants employed by the local returning officer in connection with the conduct of the referendum.

/images/si104y72p0009a.gif

Standard-class railway expenses, or, where rail service is not available, actual and necessary cost, with subsistence allowance at the rate of £0·75 a night if necessarily detained on account of duty after 10.30 p.m., and £1·05 a night 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 duty more than seven hours, subsistence allowance at the rate of £0·54 a day.

(g) conveying of polling screens, ballot boxes, ballot papers, etc., in connection with the referendum.

Actual railway charges, or, where rail service is not available, actual and necessary cost

(h) printing and publishing notices, etc., required in and about the referendum.

Cost as charged by the Stationery Office, or where printing is arranged for by the local returning officer, the actual and necessary cost.

(i) use of any building or room for the purposes of the referendum.

Actual and necessary expenses arising.

(j) fitting up polling stations including the provision of voting compartments and the hire of necessary furniture

(k) ballot boxes required to be purchased, hired or repaired.

/images/si104y72p0009b.gif

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

(l) stamping instruments required to be purchased, hired, altered, or repaired.

(m) stationery at polling stations.

/images/si104y72p0011.gif

Cost as charged by the Stationery Office.

(n) general stationery, postage, telegrams and telephone messages.

Actual and necessary cost.

(4) In the event of a recount of votes under Rule 26 of the First Schedule to the Referendum Act, 1942, 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.

GIVEN under my Official Seal, this 17th day of April, 1972.

SEOIRSE Ó COLLA,

Minister for Finance.

EXPLANATORY NOTE.

This order sets out the scale of maximum charges for local returning officers in respect of a referendum.