S.I. No. 81/1959 - Referendum and Presidential Elections (Local Returning Officers' Charges and Accounts) Regulations, 1959.


S.I. No. 81 of 1959.

REFERENDUM AND PRESIDENTIAL ELECTIONS (LOCAL RETURNING OFFICERS' CHARGES AND ACCOUNTS) REGULATIONS, 1959.

I, SÉAMAS Ó RIAIN, Minister for Finance, in exercise of the powers conferred on me by subsection (5) of section 12 of the Referendum Act, 1942 (No. 8 of 1942), as extended by section 4 of the Referendum (Amendment) Act, 1946 (No. 30 of 1946), and section 5 of the Referendum (Amendment) Act, 1959 (No. 5 of 1959), and subsection (5) of section 21 of the Presidential Elections Act, 1937 (No. 32 of 1937), as extended by section 4 of the Presidential Elections (Amendment) Act, 1946 (No. 29 of 1946), hereby make the following regulations :—

1. These Regulations may be cited as the Referendum and Presidential Elections (Local Returning Officers' Charges and Accounts) Regulations, 1959.

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 or a presidential election.

3. The scale of maximum charges for the purposes of section 12 of the Referendum Act, 1942, as extended by section 4 of the Referendum (Amendment) Act, 1946 , and, in the case of the referendum in relation to the Third Amendment of the Constitution Bill, 1958, section 5 of the Referendum (Amendment) Act, 1959 , to be paid to local returning officers shall be the scale set forth in the First Schedule to these Regulations.

4. In the case of a presidential election the poll at which is taken on the day on which the poll at a referendum is taken, the scale of maximum charges for the purposes of section 21 of the Presidential Elections Act, 1937 , as extended by section 4 of the Presidential Elections (Amendment) Act, 1946 , to be paid to local returning officers shall be the scale set forth in the Second Schedule to these Regulations.

5. The accounts shall be rendered to the Minister for Finance within a period of six weeks from the polling day by being addressed and sent to the Secretary, Department of Finance, Upper Merrion Street, Dublin.

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 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) ...........................................

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 shall be submitted with the accounts.

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

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 payment 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.

FIRST 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) and (3) below) :—

As respects a borough constituency—

For every complete 100 of the electors—

£

s.

d.

up to 75,000 electors

2

9

exceeding 75,000 electors

1

3

Provided that where a person is a local returning officer for more than one borough constituency, all the borough 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 borough constituency.

As respects any other constituency—

For every complete 100 of the electors—

3

0

(2) For despatch and receipt of ballot papers of postal voters and, in the case of the referendum in relation to the Third Amendment of the Constitution Bill, 1958, for despatch of polling cards to postal voters :—

£

s.

d.

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

1

10

0

subject to a minimum of

1

10

0

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

10

0

0

(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.

£

s.

d.

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

4

0

0

Provided that where the number of polling stations in a polling place exceeds four, £5 0s. 0d. 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 £1 15s. 0d. to be increased to the full appropriate fee if he is necessarily employed as a presiding officer and in the case of a county constituency, part of which is situate in one county and part in another, two emergency presiding officers may be so appointed and paid.

(b) one poll clerk for each presiding officer

2

0

0

(2) Counting the votes.

Up to 50,000 electors

42

0

0

For each complete 1,000 electors over 50,000

12

0

(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 election—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 4 of the Referendum (Amendment) Act, 1946 (No. 30 of 1946), and, in the case of the referendum in relation to the Third Amendment of the Constitution Bill, 1958, section 5 of the Referendum (Amendment) Act, 1959 (No. 5 of 1959) not so authorised—

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

in a borough constituency

7

0

elsewhere

7

6

together with, in respect of assistance as aforesaid employed by the local returning officer, an additional sum of £30 : 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 £20,

(b) remuneration of persons engaged in the despatch and receipt of postal voters' ballot papers and, in the case of the referendum in relation to the Third Amendment of the Constitution Bill, 1958, in the despatch of polling cards to postal voters—

for every complete 100 postal voters or fraction thereof exceeding one-half on the register for the constituency

1

10

0

(c) 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 21s. 6d. a night if necessarily absent from home on account of duty (mileage expenses shall be calculated as though journeys were taken from the county court-house of the constituency).

(d) 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.

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Second-class railway expenses, or, where rail service is not available, actual and necessary cost, with subsistence allowance at the rate of 6s. 6d. a night if necessarily detained on account of duty after 10.30 p.m., and 11s. 6d. a night if so detained after 12 midnight. Subsistence allowance shall not be payable under subparagraph (d) to a presiding officer whose fee for taking the poll is £5.

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

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

(g) 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.

(h) use of any building or room for the purposes of the referendum,

Actual and necessary expenses arising.

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

/images/si081y59p0015.jpg

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

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

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

Cost as charged by the Stationery Office.

(l) stationery at polling stations,

Cost as charged by the Stationery Office.

(m) copies of the register, not exceeding five for each constituency,

Actual cost.

(n) general stationery, Postage, Telegrams and Telephone messages.

Actual and necessary cost.

SECOND 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 Presidential Election (other than duties in connection with matters specially provided for at paragraphs (2) and (8) below) :—

As a respect of a borough constituency—

For every complete 100 of the electors—

£

s.

d.

up to 75,000 electors

1

3

exceeding 75,000 electors

9

Provided that where a person is a local returning officer for more than one borough constituency, all the borough 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 borough constituency.

As respects any other constituency—

For every complete 100 of the electors—

1

3

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

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

1

10

0

subject to a minimum of

1

10

0

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

10

0

0

(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.

£

s.

d.

(a) each presiding officer where the number of electors assigned to a polling station exceeds 500

1

0

0

(b) an additional Poll Clerk for each presiding officer if necessarily employed

2

0

0

(2) Counting the votes.

Up to 50,000 electors

42

0

0

For each complete 1,000 electors over 50,000

12

0

(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 presidential election—

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

4

0

(b) 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

1

10

0

(c) 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 presidential election,

First-class railway expenses, or, where rail service is not available, actual and necessary cost, with subsistence allowance at the rate of 21s. 6d. 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).

(d) 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.

/images/si081y59p0015.jpg

Second-class railway expenses, or, where rail service is not available, actual and necessary cost, with subsistence allowance at the rate of 6s. 6d. a night if necessarily detained on account of duty after 10.30 p.m., and 11s. 6d. a night if so detained after 12 midnight. Subsistence allowance shall not be payable under subparagraph (d) to a presiding officer whose fee for taking the poll at the referendum is £5.

(e) travelling expenses of clerical or other assistants employed by the local returning officer or deputy local returning officer in connection with the conduct of the presidential election.

(f) conveying of polling screens, ballot boxes, ballot papers, etc., in connection with the presidential election,

(g) printing and publishing notices, etc., required in and about the presidential election,

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

(h) use of any building or room for the purposes of the presidential election,

Actual and necessary expenses arising.

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

/images/si081y59p0015.jpg

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

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

(k) stationery at polling stations,

Cost as charged by the Stationery Office.

(l) copies of the register, not exceeding five for each constituency,

Actual cost.

(m) general stationery, Postage, Telegrams and Telephone messages.

Actual and necessary cost.

GIVEN under my Official Seal, this 15th day of May, 1959.

SEÁMAS Ó RIAIN,

Minister for Finance.

EXPLANATORY NOTE.

This order sets out the scale of maximum charges for local returning officers in respect of a referendum and a presidential election the poll at which is taken on the same day on which the poll at a referendum is taken.