Electoral (Admendment) Act, 1947

Returning officers and assistant returning officers.

7.—(1) The returning officer for a constituency specified in the First Schedule to this Act shall be—

(a) in case the whole of the constituency is situate in a county or county borough for which there is a sheriff—the sheriff,

(b) in case the whole of the constituency is situate in a county for which there is an undersheriff—the undersheriff,

(c) in case part of the constituency is situate in a county borough and part in a county and there is a sheriff or undersheriff for the county borough and a sheriff or undersheriff for the county—either the sheriff or undersheriff for the county borough or the sheriff or undersheriff for the county as the Minister by order appoints from time to time,

(d) in any other case—the county registrar or, where part of the constituency has one county registrar and part another county registrar, such one of the county registrars as the Minister by order appoints from time to time.

(2) Notwithstanding subsection (1) of this section, the returning officer for the borough constituencies of Dublin South (East) and Dublin South (West) specified in the First Schedule to this Act shall, so long as the undersheriff at the passing of this Act for the county of Dublin continues to hold that office, be such undersheriff.

(3) A county registrar, sheriff or undersheriff for a county who is the returning officer for a constituency part of which is situate in such county and the other part of which is situate in another county or a county borough, or a county registrar, sheriff or undersheriff for a county borough who is the returning officer for a constituency part of which is situate in such county borough and the other part in a county, may appoint the appropriate officer, and shall appoint him if he so requires, to be assistant returning officer for such other part of the constituency.

In this subsection, the expression “the appropriate officer” means—

(a) in case there is a sheriff or undersheriff for such other part of the constituency—that sheriff or undersheriff,

(b) in any other case—the county registrar for such other part of the constituency.

(4) The duties of an assistant returning officer shall be the performance, in the part of a constituency for which he was appointed, of such of the duties of the returning officer for the constituency as that officer is not required by law to perform in person, but if any doubt arises as to the duties of an assistant returning officer, the doubt shall be determined by the Minister.