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S.I. No. 359/1979 -- Returning Officers' Charges (Bye-Elections To Dáil Éireann) Order, 1979.

S.I. No. 359/1979 -- Returning Officers' Charges (Bye-Elections To Dáil Éireann) Order, 1979. 1979 359

S.I. No. 359/1979:

RETURNING OFFICERS' CHARGES (BYE-ELECTIONS TO DÁIL ÉIREANN) ORDER, 1979.

I, SEOIRSE Ó COLLA, Minister for Finance, in exercise of the powers conferred on me by 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), hereby order as follows:--

1. This Order may be cited as the Returning Officers' Charges (Bye-Elections to Dáil Eireann) Order, 1979.

2. The Interpretation Act, 1937 (No. 38 of 1937), applies to this Order.

3. The scale of maximum charges for the purposes of 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), shall, in the case of bye-elections, be the scale set out in the Schedule to this Order, but if two or more vacancies in the representation of any constituency in the Dáil are filled at one election, as provided for by section 12 (3) of the Electoral Act, 1963 , the scale of maximum charges applicable to that election shall be the scale for the time being in force in relation to general elections.

4. Nothing in this Order shall be taken as authorising more than one charge in respect of a particular disbursement.

5. The scale prescribed by the Returning Officers' Charges (Bye-Elections to Dáil Éireann) Order, 1975 ( S.I. No. 255 of 1975 ), shall not apply to any bye-election held after the making of this Order.

SCHEDULE.

SCALE OF MAXIMUM CHARGES.

Part I.

General.

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

2. In this Scale--

"constituency" means any constituency named in the Schedule to the Electoral (Amendment) Act, 1974 (No. 7 of 1974);

"electors" means, in relation to the ascertainment of the maximum sum payable to a returning officer, the number of persons registered in the register of Dáil electors for the constituency in respect of which he is the returning officer.

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

Part II.

Services of Returning Officers in Contested Bye-Elections.

4. 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 50,000 electors ..........................................................

exceeding 50,000 ............................................................ ...

0.65

0.50

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 this paragraph, be deemed to be a single constituency.

		£
5. For receiving nominations, withdrawals, making returns to writs and related matters		18.00
6. 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		7.00
Subject to a minimum fee of		14.00
7. (1) For all duties appertaining to the counting of the votes in a constituency:
For the first 50,000 electors		41.00
For each complete 5,000 electors, or fraction thereof exceeding one-half, in excess of 5,000		2.10

(2) In the event of a re-examination and recount 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 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 III.

Services of Returning Officers in Uncontested Elections.

8. One-third of the appropriate fee mentioned in paragraph 4 of this Scale.

9. The appropriate fee mentioned in paragraph 5 of this Scale.

Part IV.

Disbursements of Returning Officers in Contested Bye-Elections.

10. Taking the Poll			£
(1) Each presiding officer--to cover all expenses, other than travelling expenses and subsistence allowances, authorised in this Scale			20.00
Provided that where the number of polling stations in a polling place exceeds four, £25.00 may be paid in the case of such one (and one only) of them as may be designated by the returning officer.
(2) One poll clerk for each presiding officer			14.00
(3) A returning officer may appoint one emergency presiding officer in a constituency who may be paid a retaining fee of £10.00 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 presiding officers may be so appointed and paid.
11. Counting the Votes
(1) For the first 30,000 electors			400.00
For every complete 1,000 electors in excess of 30,000			4.00
(2) The total sum, ascertained in accordance with subparagraph (1) of this paragraph may, if there are two or more counts as (defined in Rule 12 (9) in the Third Schedule to the Electoral Act, 1923 ), be increased, in case the number of counts is two, by one-fifth and, in case their number is three or more, by two-fifths, provided that:
( a ) where, under Rule 7 (2) of that Schedule, the returning officer may in one operation exclude 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 Third Schedule to the Electoral Act, 1923 , be required to be made, and
(ii) is made.
(3) In the event of a re-examination and recount 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 sum as may be authorised by the Minister for Finance based on (a) the time spent thereon and (b) remuneration for the original count.
12. Miscellaneous
( a ) clerical, legal and other assistance employed by the 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 returning officer not otherwise authorised by this Scale.
			£
For every complete 100 electors or fraction thereof exceeding one-half			1.00
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 this subparagraph be deemed to be a single constituency.
Together with in respect of assistance as aforesaid employed by the returning officer, £100; provided that where a returning officer acts for more than one constituency, the additional sum payable in respect of each constituency after the first shall not exceed £50.
(b) Issue of polling cards. For every complete 100 electors or fraction thereof exceeding one-half			1.25
(c) 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
(d) remuneration of persons engaged in the despatch and receipt of postal ballot papers:
For every complete 100 postal voters, or fraction thereof exceeding one-half, on the register for the constituency Subject to a minimum of	7.00 14.00
(e) returning officers' travelling expenses where necessary to make arrangements for the poll or otherwise in connection with the conduct of the election	First-class railway expenses or, where rail service is not available, actual and necessary cost subject to a maximum of:
	Horse power of car
	Under 10	10 and under 12		Over 12
Rate per mile	£0.18	£0.204		£0.231
	and to such conditions as are prescribed down from time to time by the Minister for the Public Service:
	and subsistance in accordance with the following scale:
	£17.84 for absences from home overnight
	£6.70 for absences from home of 10 hours or more
	£2.70 for absences from home of 5 hours but not more than 10 hours.
(f) 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.	Standard-class railway expenses, or, where rail service is not available actual and necessary cost, with subsistence allowance at the rate of £2.00 a night if necessarily detained on account of duty after 10.30 p.m. and £4.00 a night if so detained after 12 midnight;
(g) travelling expenses of clerical or other assistance employed by the returning officer in connection with the conduct of the election.
(h) conveying of polling screens, ballot boxes, ballot papers and related articles in connection with the election.
(i) printing and providing ballot papers.	Cost as charged by the Stationery Office.
(j) printing and publishing notices, nomination papers and other documents required in and about the election.	Cost as charged by the Stationery Office or, where printing is arranged for by the returning officer, the actual and neccessary cost.
(k) use of any building or room for the purpose of the 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 neccessary cost.
(m) ballot boxes required to be purchased, hired or repaired.
(n) stamping instruments required to be purchased, hired, altered or repaired.
(o) stationery at polling stations.
(p) general stationery, postage, telegrams and telephone messages.	Actual and neccessary cost.
Part V. DISBURSEMENTS OF RETURNING OFFICERS IN UNCONTESTED ELECTIONS.
13. 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 IV 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.

GIVEN under my Official Seal, this 5th day of November, 1979.

SEOIRSE Ó COLLA,

Minister for Finance.

EXPLANATORY NOTE.

This Order sets out the scale of maximum charges for returning officers in respect of Bye-Elections to Dáil Éireann.