S.I. No. 128/1960 - Dáil Election and Local Election's (Returning Officer's Charges and Accounts) Regulations, 1960.


I, SÉAMAS Ó RIAIN, Minister for Finance, in exercise of the powers conferred on me by subsection (6), of section 11 of the Elections Act, 1960 (No. 14 of 1960), hereby make the following regulations :

1. These Regulations may be cited as the Dáil Election and Local Elections (Returning Officer's Charges and Accounts) Regulations, 1960.

2. In these Regulations " accounts " means the accounts of the 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 the Dáil election and the taking of the polls at the elections of members of the local authorities.

3. The scale of maximum charges for the purposes of section 11 of the Elections Act, 1960 , to be paid to the returning officer shall be the scale set forth in Part I of the Schedule to these Regulations and the said charges shall, to the extent provided for in Part II of the said Schedule, be apportioned in accordance with the said Part II.

4. The accounts shall be submitted within a period of eight weeks from the last day for receiving nominations at the Dáil election and shall be addressed and sent to the Secretary, Department of Finance, Upper Merrion Street, Dublin.

5. The accounts shall be accompanied by a declaration made and subscribed by the returning officer and the declaration shall be in the following form :

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

(Signed)

6. In the case of disbursements which have been already settled by the returning officer, 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 will show the items of expenditure and the total thereof under each of the various headings specified in the scale of maximum charges.

8. In submitting the accounts due regard shall be had to any directions issued by the Minister for Finance to the returning officer with reference to the particulars and information to be furnished in support of claims for payment out of the Central Fund.

SCHEDULE.

PART I.

SCALE OF MAXIMUM CHARGES.

£

s.

d.

(1) (a) In taking the polls :

(i) for such one presiding officer (and one only) as may be designated by the returning officer where the number of polling stations in a polling place exceeds four

5

0

0

(ii) for each other presiding officer :

(I) at a polling station to which 550 persons entitled to vote or fewer are assigned

3

0

0

(II) at a polling station to which more than 550 persons entitled to vote are assigned

4

4

0

(iii) for one poll clerk for each presiding officer

1

10

0

(iv) Where :

(I) the number of persons entitled to vote assigned to a polling station, being a station at which the poll is taken at the Dáil election and at one or more of the local elections, exceeds 250, or

(II) the number of polls to be taken at a polling station exceeds two,

a second poll clerk may be employed at a fee of £1 10s.

(v) for two additional presiding officers to act in an emergency in addition to those authorised for taking the polls :

(I) in the case of such an officer who is not required to act as presiding officer

1

15

0

(II) in the case of such an officer who is necessarily required to act as presiding officer, the appropriate fee under (1) (a) of this Scale.

(b) Where a presiding officer or poll clerk performs duties in respect of the Dáil election and the elections of members of more than one of the local authorities, the amount under (1) (a) of this Scale in respect of his services shall be increased by one half.

(c) Where a presiding officer or poll clerk performs duties in respect of the Dáil election and the election of members of one only of the local authorities, the amount under (1) (a) of this Scale shall be increased by one quarter, but in no case shall such amount, as increased, be less than £4 in respect of a presiding officer or be less than £2 in respect of a poll clerk.

(d) Where a presiding officer performs duties in respect of the Dáil election only and the case is not one falling under (1) (a) (i) of this Scale, the amount in respect of him shall be £4 instead of the amount appropriate under (1) (a) (ii) of this Scale.

£

s.

d.

(e) Where a poll clerk performs duties in respect of the Dáil election only, the amount in respect of him shall be £2 instead of the amount appropriate under (1) (a) (iii) of this Scale.

(2) For counting votes :

(a) (i) where the number of electors does not exceed 50,000

0

0

(ii) for each complete 1,000 electors in excess of 50,000

0

12

0

(b) the total amount under (2) (a) of this Scale may be increased by one-fifth if there is more than one count, as defined in paragraph (a) of Rule 12 of the Rules contained in the Third Schedule to the Electoral Act, 1923 (No. 12 of 1923), and by two-fifths if there are more than two counts, as so defined, but in relation to any such increase :

(i) where, under any of the Rules in the said Third Schedule, the returning officer transfers a surplus consisting only of original votes, the transfer shall be reckoned as two counts,

(ii) where, under any of those Rules, the returning officer excludes in one operation two or more lowest candidates, the exclusions shall only be reckoned as one count, and

(iii) where, under any of those Rules, the returning officer excludes a candidate the number of whose votes are less than one-third of the quota, the exclusion shall not reckon as a count,

and no operation shall be reckoned as a count unless an actual transfer of papers is required to be made and is made.

(3) For miscellaneous matters :

(a) for clerical, legal and other assistance employed by the returning officer or deputy or assistant returning officer for the purposes of the Dáil election and the local elections, excluding any services for which payment is otherwise authorised by this Scale, and for all expenses (including, in particular expenses incurred in complying with section 4 of the Electoral (Amendment) Act, 1946 ) not otherwise authorised by this Scale :

For every complete 100 persons entitled to vote at the Dáil election or fraction thereof exceeding one-half

0

7

6

Together with one sum of £30 in respect of assistance as aforesaid so employed.

(b) For the 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

1

10

0

(c) Returning Officer's or Deputy or Assistant Returning Officer's travelling expenses where necessary to make arrangements for the polls, or otherwise in connection with the conduct of

First-class railway expenses, or where railway service is not available, actual and necessary cost, with subsistence allowance

the Dáil election or the local elections.

at the rate of 21s. 6d. if necessarily absent from home on account of duty.

Mileage expenses shall be calculated as though journeys were taken from the County Courthouse at Kilkenny or Carlow where appropriate.

(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.

Third-class railway expenses, or, where railway service is not available, actual and necessary cost with (except in the case of a presiding officer to whom £5 is payable under (1) (a) (i) of this Scale) subsistence allowance at the rate of 6s. 6d. per night if necessarily detained on account of duty after 10.30 p.m., and 11s. 6d. per night if after 12 midnight.

(e) Travelling expenses of clerical or other assistants employed by the Returning Officer or Deputy or Assistant Returning Officer where necessary to make arrangements for the polls or otherwise in connection with the conduct of the Dáil election or the local elections.

Third-class railway expenses, or, where railway service is not available, actual and necessary cost with subsistence allowance at the rate of 6s. 6d. per night if necessarily detained on account of duty after 10.30 p.m., and 11s. 6d. per night if after 12 midnight.

(f) For the conveyance or polling screens, ballot boxes, ballot papers, etc., in connection with the Dáil election or the local elections.

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

(g) For printing and providing ballot papers.

As charged by Stationery Office.

(h) For printing and providing notices, nomination forms, and other documents required in and about the election or poll, and costs or publishing same.

As charged by Stationery Office, or, where such printing is necessarily arranged for by the Returning Officer, actual necessary cost.

(i) For expenses attending the use, of hire when necessary, of any building or room for the purposes of the Dáil election or the local elections.

Actual and necessary cost.

(j) For fitting up a polling station, including the provision and fitting up of voting compartments, and the hire of the necessary furniture where this is not otherwise obtainable.

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

(k) For every ballot box required to be purchased, hired, or repaired.

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

(l) For every stamping instrument required to be purchased, hired, altered or repaired.

As charged by the Stationery Office.

(m) For stationery at each Polling Station.

As charged by the Stationery Office.

(n) For copies of the appropriate registers of electors, not exceeding five.

Actual cost.

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

Actual and necessary cost.

PART II.

APPORTIONMENT OF EXPENSES.

All sums paid by the returning officer to presiding officers and poll clerks, all sums paid in accordance with (3)(d), (3)(f), (3)(i), (3)(j), (3)(m), (3)(n) of the Scale set forth in Part I of this Schedule and all sums paid in respect of the taking of the polls in accordance with (3)(a), (3)(c), (3)(e), and (3)(h) of the said Scale shall be aggregated and :

(a) where they relate to the Dáil election and to an election of members of the council of a county or the corporation of a county borough, one-half of the aggregate shall be repaid to the Minister for Finance by the council or corporation,

(b) where they relate to the Dáil election and to an election of members of the corporation of a borough not a county borough, the council of an urban district or the commissioners of a town, one-half of the aggregate shall be repaid to that Minister by the corporation, council or town commissioners (as the case may be),

(c) where they related to the Dáil election and to elections of members of the council of a county and members of the corporation of a borough not a county borough, the council of an urban district or the commissioners of a town, one-third of the aggregate shall be repaid to that Minister by the council of a county and one-third by the corporation, council of an urban district or commissioners (as the case may be), and

(d) where they relate solely to an election of members of the corporation of a county borough, the entire aggregate shall be repaid to that Minister by the corporation.

GIVEN under my Official Seal, this 20th day of June, 1960.

SÉAMAS Ó RIAIN,

Minister for Finance.

EXPLANATORY NOTE.

This order sets out the scale of maximum charges in respect of the Bye-Election to be held in June, 1960 in the constitutency of Carlow-Kilkenny and the taking of the polls at the local elections in the counties of Kilkenny, Carlow and the county borough of Waterford.