S.I. No. 128/1989 - The European Parliament Election, Dáil Election and Údarás na Gaeltachta Election Regulations, 1989

The Minister for the Environment, in exercise of the powers conferred on him by section 91 of the Electoral Act, 1963 (No. 19 of 1963), as amended by section 21 of the European Assembly Elections Act, 1977 (No. 30 of 1977), and section 2 of the Electoral (Amendment) Act, 1989 (No. 8 of 1989) for the purposes of giving effect to the said section 91 in relation to the polls to be taken at the European Parliament election, the Dáil election and the Údarás election hereby makes the following Regulations:—

1 Citation

1. These Regulations may be cited as the European Parliament Election, Dáil Election and Údarás na Gaeltachta Election Regulations, 1989.

2 Interpretation

2. (1) In these Regulations—

"the Act of 1923" means the Electoral Act, 1923 (No. 12 of 1923);

"the Act of 1963" means the Electoral Act, 1963 ;

"the Act of 1977" means the European Assembly Elections Act, 1977 ;

"the Act of 1979" means the Údarás na Gaeltachta Act, 1979 (No. 5 of 1979);

"the Act of 1984" means the European Assembly Elections Act, 1984 (No. 6 of 1984);

"the Act of 1986" means the Electoral (Amendment) Act, 1986 (No. 12 of 1986);

"the No. 2 Act of 1986" means the Electoral (Amendment) (No. 2) Act, 1986 (No. 35 of 1986);

"the 1979 Regulations" means the Údarás na Gaeltachta Elections Regulations, 1979 ( S.I. No. 355 of 1979 );

"Dáil constituency" means a constituency specified in the Electoral (Amendment) Act, 1983 (No. 36 of 1983);

"Dáil election" means the general election for members of the Dáil to be held as a consequence of the proclamation issued on the 25th day of May, 1989 dissolving Dáil Éireann, the poll at which is to be taken on the 15th day of June, 1989;

"Dáil returning officer" means the person who, pursuant to section 11 of the Act of 1963, as amended by section 1 of the Act of 1986, is the returning officer for a Dáil constituency;

"Dáil ballot paper" means a ballot paper used for the purpose of the Dáil election;

"European ballot paper" means a ballot paper used for the purpose of the European Parliament election;

"European Parliament constituency" means a constituency or any of the constituencies specified in the Second Schedule to the Act of 1977;

"European Parliament election" means the election of representatives to the Parliament of the European Community the poll at which is to be taken on the 15th day of June, 1989;

"European Parliament election rules" means the First Schedule to the Act of 1977 as amended by the Act of 1984 and the No. 2 Act of 1986;

"the Minister" means the Minister for the Environment;

"Údarás ballot paper" means a ballot paper used for the purpose of an Údarás election;

"Údarás constituency" means a constituency or any of the constituencies specified in section 29 of the Act of 1979;

"Údarás election" means an election of members to Údarás na Gaeltachta under Part IV of the Act of 1979 the poll at which is to be taken on the 15th day of June, 1989;

"Údarás returning officer" means a person appointed pursuant to section 32 of the Act of 1979 to be returning officer for the purposes of the said Act.

(2) ( a ) References in these Regulations to a Dáil returning officer, shall, where appropriate, be construed as including references to a deputy returning officer or to an assistant returning officer or to an acting returning officer.

( b ) References in these Regulations to an Údarás returning officer shall, where appropriate, be construed as including references to a deputy returning officer appointed by an Údarás returning officer.

3 Effect of Regulations

3. These Regulations shall have effect in relation to the European Parliament election, the Dáil election and the Údarás election.

4 Returning officers

4. (1) For the purpose of the provisions referred to in the Table to this article the returning officer at an Údarás election in the part of an Údarás constituency situated in a Dáil constituency shall be the person who is by virtue of section 11 of the Act of 1963 (as amended by section 2 of the Act of 1986) the Dáil returning officer for the said Dáil constituency and the powers and functions of the returning officer under the said provisions shall be exercised and performed by the said Dáil returning officer and references in the said provisions to the returning officer shall be construed as references to the Dáil returning officer.

(2) The powers and functions of the returning officer in relation to an Údarás election in an Údarás constituency (other than those referred to in the Table to this article) shall, subject to the provisions of subsection (2) of section 32 of the Act of 1979, be exercised and performed by the Údarás returning officer for that constituency.

TABLE

( a ) Section 32 (1) of the Act of 1979 (insofar as it relates to the taking of the poll otherwise than by postal voting).

( b ) The following provisions of the 1979 Regulations, that is to say, Regulation 12 (6), 26 (1) (insofar as it relates to the taking of the poll otherwise than by postal voting), 30, 32, 36, 37, 38, 41, 42, 51 (1), 51 (2), 52 (1), 52 (2), 52 (3), 53, 60 (1) and 60 (2).

(3) Notwithstanding sub-articles (1) and (2) of this article, the Údarás returning officer shall be entitled to be admitted to any polling station where a poll at an election for which he is returning officer is being taken.

5 Assistant and deputy returning officer:

5. (1) Section 11 (2) of the Act of 1963 as amended by section 1 of the Act of 1986 (which relates to appointment of assistant returning officers) shall apply to the European Parliament election in a Dáil constituency in the same manner as it applies to the Dáil election.

(2) It shall be lawful for a Dáil returning officer to appoint a deputy returning officer for the discharge of all or any particular part of his duties in connection with the Dáil election, the European Parliament election and the Údarás election and where such appointment includes an appointment to receive nomination papers or to count votes at the Dáil election, the appointment shall be subject to the consent of the Minister.

6 Mutual assistance

6. It shall be the duty of every person upon whom any function is conferred by or under the Electoral Acts, 1923 to 1989, the European Assembly Elections Acts, 1977 to 1986, the Act of 1979, the 1979 Regulations or these Regulations and of every person appointed or employed ( otherwise than by a candidate) for any purpose related to an election to which these Regulations apply, to furnish such information and render such other assistance to any other such person as that other person requires for the purposes of an election.

7 Polling districts and places

7. (1) Subject to sub-article (2) of this article, each or part of an Údarás constituency situated in a Dáil constituency shall be deemed to be divided into the same polling districts as the area contained in the said Údarás constituency or the said part of such constituency is for the time being divided for the purposes of a Dáil election, and the places which are for the time being appointed as polling places in each such polling district for the purpose of a Dáil election shall be the polling places for the purposes of taking the poll at the Údarás election.

(2) The Dáil returning officer may make such modifications to a polling district or a polling place referred to in sub-article (1) of this article as he considers necessary having regard to the convenience of electors and the preservation of the secrecy of the ballot.

(3) Regulation 5 of the 1979 Regulations shall not apply in relation to the Údarás election.

8 Death of candidate

8. (1) Where in the circumstances referred to in Rule 20 (as amended by section 7 of the Act of 1984) of the European Parliament election rules, the poll at the European Parliament election in a European Parliament constituency is not taken or completed on the polling day appointed under section 6 of the Act of 1977, these Regulations shall not apply in relation to the fresh European Parliament election to be held under the said Rule 20.

(2) Where in the circumstances referred to in section 32 of the Act of 1963, the poll at the Dáil election is not taken or completed on the polling day appointed under section 24 of the Act of 1963, these Regulations shall not apply in relation to the fresh election to be held under the said section 32.

(3) Where in the circumstances referred to in Regulation 27 of the 1979 Regulations, the poll at the Údarás election in an Údarás constituency is not taken or completed on the polling day appointed under Regulation 6 of the said Regulations, these Regulations shall not apply in relation to the fresh election to be held under the said Regulation 27.

9 Polling cards

9. Where a polling card is sent to an elector under section 23 of the Act of 1963 a polling card shall not be sent to that elector under Rule 28 of the European Parliament election rules.

10 Polling on islands

10. (1) Section 34 of the Act of 1963 which provides for advance polling on islands because of stress of weather or transport difficulties shall not apply in relation to the Dáil election.

(2) Regulation 39 (1) of the 1979 Regulations which provides for advance polling on islands because of stress of weather or transport difficulties shall not apply in relation to the Údarás election.

(3) Rule 33 of the European Parliament election rules as modified by article 15 of these Regulations shall apply in relation to the Dáil election in the same manner as the said Rule applies to the European Parliament election.

11 Special voting.

11. Where both the Dáil election and the European Parliament election are contested in a Dáil constituency the same person shall be appointed as special presiding officer for the Dáil election and the European Parliament election for the purpose of sections 9, 11 and 12 of the No. 2 Act of 1986, and the functions of the said special presiding officer under that Act shall be performed by him at the same time in respect of the Dáil election and the European Parliament election.

12 Provisions relating to taking of poll.

12. The following provisions shall have effect in relation to the taking of the polls in a polling station at the Dáil election and the European Parliament election, and in relation to the taking of the polls in a polling station at the Dáil election, the European Parliament election and the Údarás election:

( a ) The same person shall be appointed to be the presiding officer at each poll;

( b ) The same copy of the register of electors shall be used for the poll at the Dáil election and the European Parliament election and such copy of the register shall be marked to indicate the poll or polls in respect of which a ballot paper is delivered to each elector;

( c ) The Údarás returning officer shall supply to the Dáil returning officer for a Dáil constituency in which any part of an Údarás constituency is situated such number of copies of the electors list published in pursuance of Regulation 7 of the 1979 Regulations as such Dáil returning officer shall require for the purpose of his functions under these regulations.

( d ) The following questions shall be substituted for those set out in Rule 47 (1) (b) of the European Parliament election rules, in section 26 (2) (b) of the Act of 1963 and in Regulation 46 of the 1979 Regulations:

(i) Are you the same person as the person whose name appears as AB on the register of electors now in force for the constituency of ......................?

(ii) Have you already voted at this election?

(iii) Had you reached the age of eighteen years on the 15th day of April, 1989? and (in the case only of a person who applies for a European Parliament election ballot paper).

(iv) Are you either or both of the following—

(A) a citizen of Ireland,

(B) a national of a Member State of the European Community other than Ireland?;

( e ) The following oath (or affirmation) shall be substituted for the oath (or affirmation) set out in:

(i) Rule 47 (1) (c) of the European Parliament election rules,

(ii) section 26 (2) (c) of the Act of 1963; and

(iii) Regulation 46 of the 1979 Regulations:

"I swear by Almighty God (or — do solemnly, sincerely and truly declare and affirm — as the case may be) that I am the same person as the person whose name appears as AB on the register of electors now in force for the constituency of ................ and that I have not already voted at this election and that I had attained the age of eighteen years on 15th April, 1989 and (in the case only of a person who applies for a European election ballot paper) that I am a citizen of Ireland (or — a national of a Member State of the European Community other than Ireland — or — both a citizen of Ireland and a national of a Member State of the European Community other than Ireland — as the case may be)"

13 Arrangements in relation to ballot boxes.

13. (1) The Dáil returning officer shall give written notice to each candidate at the Dáil election, the European Parliament election, and where appropriate, to each candidate at the Údarás election of the time and place at which he will open the ballot boxes and of the number of agents each candidate may appoint to attend at the opening.

(2) The Dáil returning officer shall give the agents appointed under this article whose appointments have been notified to him reasonable facilities for overseeing the proceedings and all information with respect thereto which he can give them consistent with the orderly conduct of the proceedings and the performance of his functions.

(3) The Dáil returning officer shall specify the hour of 9 a.m. on the day next following the polling day as the day and time at which he will open the ballot boxes pursuant to Rule 51A of the European Parliament election rules (inserted by section 7(f) of the Act of 1984) and at the place appointed by him under the said Rule 51A he shall carry out the procedures referred to in the following sub-articles of this article.

(4) In the case of a contested Údarás election the Dáil returning officer shall in relation to ballot boxes relating to the part of the Údarás constituency situate in the Dáil constituency;

( a ) extract the Údarás ballot papers therefrom and deal with them in accordance with Regulation 60 (2) of the 1979 Regulations, and

( b ) deliver the Údarás ballot papers to the Údarás returning officer together with the statement referred to in Regulation 60(2)(b) of the 1979 Regulations and the relevant ballot paper accounts, making adequate arrangements for the safety and safe custody of the ballot papers and other documents in the course of such delivery,

( c ) also deliver to the Údarás returning officer the packets received by him from the several presiding officers under paragraphs (a), (b), (c) and (e) of Regulation 53 (2) of the 1979 Regulations.

(5) In the case of a contested European Parliament election the Dáil returning officer shall extract the European ballot papers from the ballot boxes and deal with them in accordance with Rule 51A (3) of the European Parliament election rules (inserted by section 7(f) of the Act of 1984).

(6) In either of the cases referred to in sub-articles (4) and (5) of this article, deal with the Dáil ballot papers in accordance with the Fifth Schedule to the Act of 1923 (as amended by the Act of 1963 and the Electoral (Amendment) Act, 1972 (No. 4 of 1972)) and the Third Schedule to that Act (as amended by the Act of 1963).

14 Modification of European Assembly Elections Acts.

14. (1) The European Assembly Elections Act, 1977 to 1986, shall have effect as if—

( a ) the Dáil returning officer for a Dáil constituency were the local returning officer for the purposes of the said Acts in the Dáil constituency;

( b ) every reference in the said Acts ( other than the Second Schedule to the Act of 1977) to a county or county borough were a reference to a Dáil constituency, and

( c ) every reference in the said Acts to a local returning officer were a reference to the Dáil returning officer acting as local returning officer for the purposes of the said Acts in the Dáil constituency.

15 Modification of Act of 1977.

15. The Act of 1977 shall have effect as if in the First Schedule—

( a ) "the place appointed under Rule 51A at or before the hour of 9 a.m. on the day next following the polling day" were substituted for "the place for the counting of the votes at or before the time appointed for the commencement of the count" in Rule 33(b);

( b ) "hour of 9 a.m. on the day next following the polling day" were substituted for "time fixed by the Minister, under section 6 of this Act, for the commencement of the count" in Rule 48(3); and

( c ) Rule 32 were deleted.

16 Modification of 1979 Regulations.

16. The 1979 Regulations shall have effect as if, in Regulation 60(3) "on the day next following polling day, and at the time appointed by him" were inserted after "the returning officer shall", and the word "then" were deleted.

GIVEN under the Official Seal of the Minister for the Environment this 30th

day of May, 1989.

PADRAIG FLYNN,

Minister for the Environment.

EXPLANATORY NOTE.

These regulations make certain provisions in relation to the European Parliament elections the Dáil election and the Údarás na Gaeltachta election in order to facilitate the taking of the polls on the same day.