S.I. No. 344/1992 - Returning Officers' Charges (12Th, 13Th and 14Th Amendments of the Constitution and General Election To Dáil Éireann) Regulations, 1992.

I, BERTIE AHERN, 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 25 (5) of the Electoral Act, 1923 (No. 12 of 1923), (as extended by section 23 (4) of the Electoral Act, 1963 (No. 19 of 1963) and by section 26 (2) of the Electoral (Amendment) (No. 2) Act, 1986 (No. 35 of 1986)), hereby make the following Regulations:

1. These Regulations may be cited as the Returning Officers' Charges (12th, 13th and 14th Amendments of the constitution and General Election to Dáil Éireann) Regulations, 1992.

2. In these Regulations—

"Dáil Election" means a General Election within the meaning of section 65 of the Electoral Act 1923 (No. 12 of 1923), as amended by section 9 (1) of the Electoral Act 1963 (No. 19 of 1963);

"the Referendums" means, the referendums on the proposals for the amendment of the Constitution contained in the Twelfth, Thirteenth and Fourteenth Amendments of the Constitution Bills, 1992;

"Dáil returning officer" means, a person who, pursuant to section 11 (1) of the Electoral Act 1963 (No. 19 of 1963), as amended by section 1 of the Electoral (Amendment) Act 1986 (No. 12 of 1986), is the returning officer for a Dáil Constituency;

"local returning officer" means, a person who, pursuant to section 6 of the Referendum Act 1942 (No. 8 of 1942) is the referendum returning officer for the constituency.

"accounts" means the accounts of a Dáil or local returning officer in respect of services and expenses which have been properly rendered or incurred by such officers for the purposes of or in connection with a referendum or general election;

"electors" means—

( a ) in relation to the ascertainment of the maximum sum payable to a local returning officer, the number of persons registered in the register of Presidential electors for the constituency in which such officer is the local returning officer;

( b ) in relation to the ascertainment of the maximum sum payable to a Dáil returning officer, the number of persons registered in the register of Dáil electors for the constituency in which such officer is the Dáil returning officer;

"constituency" means any constituency named in the Schedule to the Electoral (Amendment) Act, 1990 (No. 36 of 1990).

3. The scale of maximum charges for the purposes of—

( a ) section 25 of the Electoral Act 1923 (No. 12 of 1923) as extended by section 23 (4) of the Electoral Act 1963 (No. 19 of 1963) and by section 26 (2) of the Electoral Amendment (No. 2) Act, 1986 (No. 35 of 1986), and

( b ) section 12 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 by section 26 (2) of the Electoral (Amendment) (No. 2) Act, 1986 (No. 35 of 1986),

shall, as respects the Referendums and Dáil Election, be the scale set out in the Schedule to these Regulations.

4. The accounts shall be rendered to the Minister for Finance by being sent to the Accountant, Department of Finance, Accounts Branch, Setanta Centre, Nassau Street, Dublin 2, within a period of 26 weeks beginning on the 25th November 1992.

The accounts shall be accompanied by a declaration made and subscribed by the returning officer rendering them and every such declaration shall be in the following form:

"I hereby declare that, to the best of my knowledge and belief, the accounts which are rendered by me in respect of the services and expenses rendered or incurred by me and accompany this declaration are correct.

Signed,

5. In the case of disbursements which have already been settled, vouchers and receipts shall be submitted with the accounts and, in the case of charges which have not been settled, the relevant bills or other documents shall be submitted with the accounts,

6. The accounts shall classify and show the disbursements and other charges claimed, together with their totals, in the same manner as the charges allowable under these Regulations are classified in the scale of maximum charges set out in the Schedule to these Regulations.

7. In rendering the accounts due regard shall be had to any directions issued by the Minister for Finance to local and Dáil returning officers with reference to the particulars and information to be furnished in support of claims for payments out of the Central Fund.

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

9. The scale of maximum charges to be paid to local returning officers prescribed by the Referendum (Local Returning Officers' Charges) Regulations 1992 (S.I. 145 of 1992) shall not apply to any referendum held after June 1992.

10. The scale of maximum charges to be paid to Dáil returning officers prescribed by the Returning Officers' and Local Returning Officers' Charges Order 1987 ( S.I. No. 132 of 1989 ) shall not apply to any Dáil Election held after 1989.

SCHEDULE.

SCALE OF MAXIMUM CHARGES.

PART I.

General.

1. References in this Scale to returning officers include, where appropriate, references to deputy and acting local returning officers and Deputy and acting Dáil returning officers.

2. No payment shall be made for any of the services referred to in Parts II, III and IV of this Scale to more than one person in respect of the same constituency or portion of a constituency.

PART II.

Services of Dáil Returning Officers in contested elections.

3. For conducting the election and generally performing all the duties which a returning officer is required by law to perform (other than duties in connection with the matters specifically provided for in the subsequent paragraphs of this Part):

For every complete 100 electors or fraction thereof exceeding one-half:

	£
Up to 100,000 electors............................................................ ........................................	2.32
Exceeding 100,000 electors............................................................ ...............................	1.35

provided that where a person performs 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 those duties shall, for the purposes of the foregoing provisions of this paragraph, be deemed to be a single constituency.

4. For receiving nominations, withdrawals, making returns to writs and related matters:

	£
For each member to be returned in respect of the constituency	25.50

5. For despatch and receipt of ballot papers of postal voters:

	£
For every complete 100 postal voters, or fraction thereof exceeding one half, on the special voters list............................................................ ..................................	16.00
Subject of a minimum fee of............................................................ .............................	48.00

6. For segregation of ballot papers and verification of ballot paper accounts:

Up to 30,000 electors............................................................ ...........................................	100.00
For each 1,000 electors over 30,000............................................................ .................	2.90

7. (1) For all duties appertaining to the counting of the votes in a constituency:

For the first 50,000 electors............................................................ ..................................	275.00
For each complete 1,000 electors, or fraction thereof exceeding one-half, in excess of 50,000............................................................ ...................................................	2.32

(2) In the event of a re-examination and re-count under paragraph (1B) (inserted by section 39 of the Electoral Act, 1963 ) of Rule 10 of the Third schedule to the Electoral Act, 1923 , there shall be paid in respect thereof such sums as may be authorised by the Minister for Finance based on (a) the time spent thereon and (b) remuneration for the original count.

8. For all duties appertaining to Special Voters;

	£
For every complete 100 special voters or fraction thereof exceeding one half, on the special voters list............................................................ ....................................	21.40
Subject to a minimum fee of............................................................ ..............................	53.00

PART III.

Services of Dáil Returning Officers in uncontested elections.

9. One-third of the appropriate fee mentioned in paragraph 3 of this Scale.

10. The appropriate fee mentioned in paragraph 4 of this Scale.

PART IV.

Services of Local Returning Officers (for the referendums).

11. For performing all the duties which a local returning officer is required by law to perform in connection with the Referendums (other than the duties in connection with the matters specially provided for at paragraphs (12), (13), (14) and (15) below):

For every complete 100 of the electors or fraction thereof exceeding one-half:—

	£
Up to 100,000 electors............................................................ .....................................	2.10
Exceeding 100,000 electors............................................................ ..............................	1.26

provided that where a person performs duties of 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 performs those duties shall, for the purpose of the foregoing provision, be deemed to be a single constituency.

12. 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............................................................ ...................................................	16.00
Subject to a minimum fee of............................................................ ...........................	48.00

13. For all duties appertaining to special voters:

	£
For every complete 100 special voters, or fraction thereof exceeding one half, on the special voters list............................................................ .................................	21.40
Subject to a minimum fee of............................................................ ...........................	53.00
14. For all duties appertaining to the counting of the votes in a constituency............................................................ ......................	440.00

15. In the event of a re-examination and re-count of votes under Rule 26 of the First Schedule of the Referendum Act, 1942, there shall be paid in respect thereof such sums 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.)

PART V.

Disbursements of Dáil Returning Officers in contested elections.

16. Remuneration of persons engaged in the segregation of ballot papers and the verification of ballot paper accounts:

	£
Up to 50,000 electors............................................................ .........................................	1,000.00
For each additional 1,000 electors thereafter............................................................ .	10.00

17. Counting of Votes:

(1) For every complete 100 electors or fraction thereof exceeding one-half:

	£
(i) where the number of candidates nominated and not withdrawn exceeds by one or two the number of candidates to be elected............................	3.25
(ii) where that number exceeds by three, four or five the number of candidates to be elected............................	3.40
(iii) where that number exceeds by six or more the number of candidates to be elected............................................................ ....................................	3.50

(2) The total sum payable, as ascertained in accordance with the foregoing sub paragraph, may be increased by one-twentieth in respect of each count (as defined in Rule 12 (9) of the Third Schedule to the Electoral Act, 1923 ) beyond seven, provided that:

( a ) where, under Rule 7 (2) of that Schedule, the returning officer in one operation excludes two or more lowest candidates, those exclusions, although carried out separately, shall be regarded as one count only, and

( b ) no operation shall be regarded as a count unless an actual transfer of papers—

(i) either is required to be made or would, but for Rule 6 (5) (a) of the said Third Schedule be required to be made, and

(ii) is made.

(3) The total sum ascertained in accordance with sub-paragraphs (1) and (2) of this paragraph, with an additional sum of £60.00 for supervision and £30.00 for calculations and transfer work, shall be divided at the discretion of the returning officer between all competent persons appointed to assist him in counting the votes.

(4) In the event of a re-examination and re-count under paragraph (IB) inserted by section 30 of the Electoral Act, 1963 ) of Rule 10 of the Third Schedule to the Electoral Act, 1923 , 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.

PART VI.

Disbursements of Dáil Returning Officers in uncontested elections.

18. The Whole Election.

(a) Preliminary work undertaken in anticipation of a contest, including clerical, legal and other assistance.	Actual and necessary cost subject to the limits set out in Part V of this Scale.
(b) The assistance of a special legal assessor employed by the returning officer with the prior consent of the Minister for the environment.	Such sum as may be authorised by the Minister for Finance.

PART VII.

Disbursements of Local Returning Officers.

19. Counting of Votes in each referendum:

	£
Up to 50,000 electors............................................................ .......................................	780.00
For each complete 1,000 electors in excess of 50,000 ............................................	15.60

(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).

PART VIII.

Disbursements of Dáil and Local Returning Officers (General).0

20. Taking the Polls at the General Election and Referendums:

(1) Each special presiding officer — to cover all expenses, other than travelling expenses and subsistence allowances, authorised in this Scale:

	£
For a full-day (minimum 6 hours)	86.00
For a shorter periods—per hour	14.33

(2) (i) Each presiding officer — to cover all expenses, other than travelling expenses and subsistence allowances, authorised in this Scale ............................................................ ...............................	77.00
(ii) One additional presiding officer appointed by the local returning officer for each polling place where the number of polling stations exceeds four .........................................................	86.00

(3) Poll Clerks — for all expenses, other than travelling expenses and subsistence allowances authorised in this Scale:

Where the number of Clerks equals the number of polls ........................................................	35.00
Where the number of Clerks is one less than the number of polls ........................................	42.00
Where the number of Clerks is two less than the number of polls ........................................	48.50
Where the number of clerks is three less than the number of polls ......................................	56.00

(4) A local returning officer may appoint one emergency presiding officer in a constituency who may be paid a retaining fee of £25.30 to be increased to the full appropriate fee if he is necessarily employed as a presiding officer, and in the case of a constituency not situate in one county only, if it consists of parts situate in two counties, two emergency presiding officers may be so appointed and paid and if it consists of parts situate in three counties, three emergency officers may be so appointed and paid.

21. Miscellaneous.

( a ) (i) Clerical, legal and other assistance employed by the returning officer for the purposes of the Referendums and the General Election —excluding any services for which payment is otherwise authorised by this Scale - and for all expenses of the returning officer not otherwise authorised by this Scale:

for every complete 100 electors, or fraction thereof exceeding one-half.................

5.10

provided that where a person performs 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 those duties shall, for the purpose of this clause, be deemed to be a single constituency.

(ii) In respect of assistance, referred to in clause (i) of this sub-paragraph, employed by the returning officer, £200.00 provided that where a returning officer acts for more than one constituency, the sum payable under this clause in respect of each constituency after the first shall not exceed £100.00.

( b ) For the assistance of a special legal assessor employed by the local or Dáil returning Officer with the prior consent of the Minister for the Environment.

Such sum as may be authorised by the Minister for Finance.

( c ) Remuneration of persons engaged in the despatch and receipt of ballot papers of postal and special voters for the Referendums and Dáil Election:

	£
For every complete 100 such voters, or fraction thereof exceeding one-half, on the register for the constituency ............................................................ .........	32.00
Subject to a minimum of ............................................................ .....................	84.00

( d ) Dáil and Local Returning Officer's travelling expenses and subsistence allowances where necessary to make arrangements for the poll or otherwise in connection with the conduct of the Referendums or Dáil Elections.

The rates and conditions normally applicable to travelling expenses and subsistence allowances of County Registrars.

( e ) Special presiding officers' travelling expenses and subsistence allowances for the performance of duties under the electoral (Amendment) (No. 2) Act, 1986 —

Public transport expenses or, where public transport is not suitable, actual and necessary cost, subject to the conditions (if any) as may stand specified from time to time by the Minister for Finance; motor mmi-league allowances for a private car at the rate of 45p per mile (mileage and other travelling expenses shall ordinarily be calculated as though journeys commenced at the local returning officer's headquarters); subsistence allowances for necessary absences on account of duty as follows:

For overnight absences (covering a period up to 24 hours, but ordinarily not payable for an absence at any place within 15 miles of home or the local returning officer's headquarters............£39.00

For absences of 10 hours or more (but not payable for an absence at any place within 5 miles of home or the local returning officer's headquarters).........................£16.40

For absences of 5 hours but less than 10 hours (but not payable for an absence at any place within 5 miles of home or local returning officer's headquarters)..............£6.80

( f ) Travelling expenses and subsistence allowances 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.	Public transport expenses or, where public transport is not suitable, actual, and necessary cost, subject to the conditions if any, as may stand specified from time to time by the Minister for Finance: motor mileage allowances for a private car at the rate of 45p per mile:
( g ) Travelling expenses and subsistence allowances of clerical or other assistants employed by the returning officer in connection with conduct of the referendums and Dáil election.	Subsistence allowances at the rate of £6.20 if necessarily detailed on account of duty after 10.00 p.m. or £8.50 if so detailed after 12 midnight, together with, in the case of persons employed more than 15 miles from home who are necessarily detailed on account of duty for more than 5 hours, subsistence allowance at the rate of £6.20 per day.
	For overnight absences (covering a period up to 24 hours, but ordinarily not payable for an absence at any place within 15 miles of home or the local returning officer's headquarters. ..............................................£35.00
( h ) Conveying of polling screens, ballot boxes, ballot papers and related articles in connection with the referendums and Dáil election.	Actual railway charges, or, where rail service is not available, actual and necessary cost.
( i ) Printing and providing ballot papers, printing and publishing notices and other documents required in and about the referendums and Dáil election.	Cost as charged by the Government Supplies Agency, or where printing is arranged for by the local returning officer, the actual and necessary cost.
( j ) Conveying of documents or communications on behalf of the returning officer is connection with the referendums and Dáil election.	Actual and necessary costs arising.
( k ) Use of any building or room for the purpose of the referendums and Dáil election.	Actual and necessary expenses arising.
(l) Fitting-up polling stations, including the provision of voting compartments and the hire of necessary furniture		Cost as charged by the Office of Public Works, or, if the work is done locally, actual and necessary cost.
( m ) Ballot boxes required to be purchased, hired or repaired.
( n ) Stamping instruments required to be purchased, hired, altered or repaired.		Cost as charged by the Government Supplies Agency.
( o ) Stationery at polling stations.
( p ) General stationery, post, telegrams and telephones.		Actual and necessary cost.

GIVEN under my Official Seal, this 18th day of November, 1992.

BERTIE AHERN,

Minister for Finance.

EXPLANATORY NOTE.

This Order sets out the scale of maximum charges for local returning officers in respect of a Referendum.