British and Irish Legal Information Institute

Freely Available British and Irish Public Legal Information

[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback]

Irish Statutory Instruments

You are here: BAILII >> Databases >> Irish Statutory Instruments >> Referendum (Local Returning Officers' Charges) Regulations, S.I. No. 175/1986
URL: http://www.bailii.org/ie/legis/num_reg/1986/0175.html

[New search] [Help]

S.I. No. 175/1986 -- Referendum (Local Returning Officers' Charges) Regulations, 1986.

S.I. No. 175/1986 -- Referendum (Local Returning Officers' Charges) Regulations, 1986. 1986 175

S.I. No. 175/1986:

REFERENDUM (LOCAL RETURNING OFFICERS' CHARGES) REGULATIONS, 1986.

I, JOHN BRUTON, 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)), hereby make the following Regulations:

1. These Regulations may be cited as the Referendum (Local Returning Officers' Charges) Regulations, 1986.

2. In these Regulations--

"accounts" means the accounts of a local returning office in respect of services and expenses which have properly rendered or incurred by him for the purposes of or in connection with a Referendum;

"constituency" means any constituency named in the Schedule to the Electoral Amendment Act, 1980 (No. 17 of 1980);

"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.

3. The scale of maximum charges for--

(a) the purposes of 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

(b) in the case of the Referendum in relation to the Tenth Amendment of the Constitution Bill, 1986, the purposes of section 1 of the Referendum (Amendment) Act, 1986,

shall be the scale set out in the Schedule to these Regulations.

4. (1) 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 shall be submitted by such officer to the Minister for Finance by being sent to the Secretary, Department of Finance, Accounts Branch, Earl Court, Adelaide Road, Dublin 2, within the period of twenty-six weeks beginning on the day appointed, pursuant to section 8 of the Referendum Act, 1942 to be that on which the poll at the Referendum is to be taken, and such accounts shall be accompanied by a declaration in writing signed by such officer and in the following form:

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

Signed,"

(2) In the case of disbursements in respect of claims for payment which have been settled by the local returning officer, vouchers and receipts shall be submitted with the accounts referred to in paragraph (1) of this Regulation and, in the case of claims which have not been so settled, the relevant bills or other documents shall be submitted with the said accounts.

(3) The accounts referred to in paragraph (1) of this Regulation 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.

(4) In submitting the accounts referred to in paragraph (1) of this Regulation the local returning officer shall, in addition to complying with the foregoing provisions of this Regulation, have regard to any directions which for the time being stand 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 payments out of the Central Fund.

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

6. The scale prescribed in the Referendum (Local Returning Officers' Changes) Regulations, 1983 ( S.I. No. 243 of 1983 ), shall not apply to any Referendum held after the making of these Regulations.

SCHEDULE

SCALE OF MAXIMUM CHARGES

PART I

FEE TO LOCAL RETURNING OFFICER

(1) For performing all the duties which a local returning officer is required by law to perform in connection with the Referendum (other than the duties in connection with the matters specially provided for at paragraphs (2), (3) and (4) below):

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

	£
up to 30,000 electors ... ... ... ... ... ...	1.70
exceeding 30,000 but not exceeding 50,000 electors ... ...	1.04
exceeding 50,000 electors ... ... ... ... ...	0.80

provided that where a person is 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 is local returning officer shall, for the purposes of the foregoing provisions of this paragraph, be deemed to be a single constituency.

(2) For despatch and receipt of ballot papers of postal voters and for despatch of polling cards to postal voters:

	£
for every complete 100 postal voters, or fraction thereof exceeding one-half, on the register ... ... ... ... ...	11.00
Subject to a minimum fee of ... ... ... ... ...	22.00

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

	£
for the first 50,000 electors ... ... ... ... ...	105.00
for each complete 5,000 electors or fraction thereof exceeding one half, in excess of 50,000 ... ... ... ... ...	3.35

(4) In the event of a recount of votes under Rule 26 of the First Schedule to the Referendum Act, 1942, 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.

(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 II

DISBURSEMENTS OF LOCAL RETURNING OFFICERS

(5) Taking the poll	£
(a) each presiding officer--to cover all expenses, other than travelling expenses and subsistence allowances authorised in this scale ... ... ... ... ...	34.70

provided that where the number of polling stations in a polling place exceeds four, £43.00 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.

(b) A local returning officer may appoint one emergency presiding officer in a constituency who may be paid a retaining fee of £17.00 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 two emergency presiding officers may be so appointed and paid.

	£
(c) One poll clerk for each presiding officer ... ...	22.00

(6) Counting of Votes
Up to 50,000 electors ... ... ... ... ... ...	646.00
for each complete 1,000 electors in excess of 50,000 ... ...	6.46

(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).

(7) Miscellaneous

(a) Clerical, legal and other assistance employed by the local returning officer for the purposes of the Referendum--excluding any services for which payment is otherwise authorised by this scale--and for all expenses of the local returning officer not otherwise authorised by this scale:

	£
for every complete 100 electors of fraction thereof exceeding one-half ... ... ... ... ...	3.10

provided that where a person performs the 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 these duties shall, for the purposes of this sub-paragraph be deemed to be a single constituency.

Together with, in respect of assistance as aforesaid employed by the local returning officer, £160 provided that where a local returning officer acts for more than one constituency, the additional sum payable in respect of each constituency after the fist shall not exceed £80.

(b) For the assistance of a special legal assessor employed by the local 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 postal voters' ballot papers and 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		11.00
subject to a minimum of ... ... ... ...		22.00
(d) Local returning officers' 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 subject to such conditions (if any) as may stand specified for the time being by the Minister for the Public Service and subject also to the proviso that an allowance under these Regualtions in respect of any such cost shall not exceed the amount which would be payable under the Civil Service mileage rates which are for the time being in force were the allowance to be calculated at those rates, subsistence allowance at the rate of £14.10 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).
(e) 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 subject to the conditions and proviso mentioned in subparagraph (d) of this paragraph; subsistence allowance at the rate of £4.50 a night if necessarily detained on account of duty after 10.30 p.m., or £6.35 a night if so detained after 12 midnight; together with, in the case of persons employed more than 15 miles from home who are necessarily detained on duty more than five hours, subsistence allowance at the rate of £2.95 per day.
(f) Travelling expenses of clerical or other assistance employed by the returning officer in connection with the conduct of the Referendum.
(g) Conveying of polling screens, ballot boxes, ballot papers, etc., in connection with the Referendum.	Actual railway charges, or where rail service is not available, actual and necessary cost.
(h) Printing and publishing notices, etc., required in and about the Referendum.	Cost is charged by the Stationery Office, or where printing is arranged for by the local returning officer, the actual and necessary cost.
(i) Use of any building or room for the purposes of the Referendum.	Actual and necessary expenses arising.
(j) 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.
(k) Ballot boxes required to be purchased, hired or repaired.
(l) Stamping instruments required to be purchased, hired altered or repaired.	Cost as charged by the Stationery Office.
(m) Stationery at polling stations.
(n) General stationery, postage, telegrams and telephone messages.	Actual and necessary cost.

GIVEN under my Official Seal, this 3rd day of June, 1986.

JOHN BRUTON,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations set out the scale of maximum charges for local returning officers in respect of a referendum.