S.I. No. 209/1979 - Referendum (Local Returning Officers' Charges) Regulations, 1979.


S.I. No. 209 of 1979.

REFERENDUM (LOCAL RETURNING OFFICERS' CHARGES) REGULATIONS, 1979.

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), and section 91 (5) of the said Electoral Act, 1963 ) hereby make the following regulations:

1. These Regulations may be cited as the Referendum (Local Returning Officers' Charges) Regulations, 1979.

2. 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 him for the purposes of or in connection with a referendum:

"constituency" means a constituency for the purpose of taking the poll at a referendum referred to in section 17 of the Referendum (Amendment) Act, 1979 ;

"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.

3. The scale of maximum charges for—

( a ) the purposes of section 12 of the Referendum Act, 1942, as extended by section 64 of the Electoral Act, 1963 ,

( b ) the purposes of section 91 of the said Electoral Act, 1963 , and

( c ) in the case of the referenda in relation to the Sixth Amendment of the Constitution (Adoption) Bill, 1978, and the Seventh Amendment of the Constitution (Election of Members of Seanad Eireann by Institutions of Higher Education) Bill, 1979, the purposes of section 1 of the Referendum (Amendment) Act, 1979 ,

shall be the scale set out in the Schedule to this Order.

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

SCHEDULE

(A) FEES TO LOCAL RETURNING OFFICER

(1) For performing all the duties which a local returning officer is required by law to perform in connection with the referenda specified in 3 (c) of those Regulations (other than the 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 ... ... ... ...

0.76

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

0.30

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 ... ... ...

7.00

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

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

60.00

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

3.00

(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 ... ... ...

£

25.00

Provided that where the number of polling stations in a polling place exceeds four, £31 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.

( b ) A local returning officer may appoint one emergency presiding officer in a constituency who may be paid a retaining fee of £10.00 to be increased to the full appropriate fee if he is necessarily employed as a presiding officer.

( c ) Each poll clerk

Where there are two poll clerks ... ...

14.00

Where there is one poll clerk ... ... ...

17.00

(2) Counting of Votes

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

600.00

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

6.60

(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 referenda—excluding any services for which payment is otherwise authorised by this scale—and for all expenses of the local returning officer.

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

0.65

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 these 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, £100 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 £70.

( b ) expenses incurred in complying with section 64 of the Electoral Act, 1963

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

1.25

( c ) 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.

( d ) 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 ...

7.00

( e ) 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 referenda.

First-class railway expenses or, where rail service is not available, mileage rates in accordance with DPS Circular 32/78.

Subsistence

For absences from home

for more than 5 hours ... ... ... ... ...

2.30

for more than 10 hours ... ... ... ...

5.60

overnight ... ... ... ... ... ... ...

14.80

( f ) 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.

Standard class railway fare, or, where rail services are not available, actual and necessary cost in the case of persons employed more than 15 miles from home.

Subsistence allowance at £1.50 where detained after 10.30 p.m. or £2.10 where detained after midnight.

( g ) travelling expenses of clerical or other assistance employed by the local returning officer or deputy local returning officer in connection with the conduct of the referenda. Standard class railway fare or actual and necessary cost.

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

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

( i ) printing and publishing notices, etc., required in and about the referenda.

Cost as charged by the Stationery Office, 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 purposes of the referenda.

Actual and necessary expenses arising.

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

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

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

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

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Cost as charged by the Stationery Office.

( n ) stationery at polling stations.

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

(4) In the event of a recount of votes under Rule 26 of the First Schedule of 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 15th day of June, 1979.

SEOIRSE Ó COLLA.

Minister for Finance.

EXPLANATORY NOTE.

These regulations set out the scale of maximum charges for local returning officers in respect of two referenda held on the same day.