S.I. No. 189/1981:

RETURNING OFFICERS' AND LOCAL RETURNING OFFICERS' CHARGES (EUROPEAN ASSEMBLY AND LOCAL ELECTIONS, BYE-ELECTIONS TO DÁIL ÉIREANN AND REFERENDUM) ORDER, 1981.

RETURNING OFFICERS' AND LOCAL RETURNING OFFICERS' CHARGES (EUROPEAN ASSEMBLY AND LOCAL ELECTIONS, BYE-ELECTIONS TO DÁIL ÉIREANN AND REFERENDUM) ORDER, 1981.

I, GENE FITZGERALD, 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), section 91 of the Electoral Act, 1963 , as amended by section 21 (1) of the European Assembly Elections Act, 1977 (No. 30 of 1977), and section 12 (5) of the Referendum Act, 1942 (No. 8 of 1942), as extended by section 64 (4) of the Electoral Act, 1963 , hereby order as follows:

1. This Order may be cited as the Returning Officers' and Local Returning Officers' Charges (European Assembly and Local Elections, Bye-Elections to Dáil Éireann and Referendum) Order, 1981.

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

3. (1) The First Schedule to the Returning Officers' Charges (European Assembly and Local Elections) Order, 1979 ( S.I. No. 163 of 1979 ), is hereby amended by--

( a ) the substitution in paragraph 2 of "£1,400" for "£750";

( b ) the substitution of the following for paragraph 3;

"3 For conducting the elections and generally performing all the duties which a local returning officer is required by law to perform (other than duties in connection with the matters specifically provided for in paragraphs 4 and 5):

( a ) in any county or county borough in which there is a contested election for the Assembly only:

( b ) in any county or county borough in which there is, in addition to a contested election for the Assembly, a contested local election:

and

( c ) the substitution in paragraph 4 of "£78" for "£53",

and the said paragraphs 2 and 4, as so amended, are set out in paragraphs 1 and 2, respectively, of the Table to this Article.

(2) This Article shall be deemed to have come into operation on the 7th day of May, 1979.

TABLE

1. For conducting the election and counting the votes and generally performing all the duties which a returning officer is required by law to perform:

2. For segregation of ballot papers and verification of Assembly election and local election ballot accounts and matters connected thereto:

4. (1) The Schedule to the Referendum (Local Returning Officers' Charges) Regulations, 1979 ( S.I. No. 209 of 1979 ), is hereby amended by the insertion of the following subparagraph in paragraph A after sub-paragraph (4):

"(5) In addition to being entitled to fees calculated in accordance with sub-paragraphs (1) and (3) of this paragraph, a local returning officer shall be entitled to £150".

(2) This Article shall be deemed to have come into operation on the 15th day of June, 1979.

5. (1) The Schedule to the Returning Officers' Charges (Bye-Elections to Dáil Éireann) Order, 1979 ( S.I. No. 359 of 1979 ), is hereby amended by--

( a ) the substitution in paragraph 4, for the rates specified therein, of the following rates:

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

and

( b ) the substitution in paragraph 7(1) of "£66.00" for "£41.00",

and the said paragraphs 4 and 7 (1), as so amended, are set out in paragraphs 1 and 2, respectively, of the Table to this Article.

(2) This Article shall be deemed to have come into operation on the 5th day of November, 1979.

TABLE

1. 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):

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 paragraph, be deemed to be a single constituency.

2. For all duties appertaining to the counting of the votes in a constituency:

6. (1) The Schedule to the Returning Officers' Charges (Bye-Elections to Dáil Éireann) Order, 1980 ( S.I. No. 337 of 1980 ), is hereby amended by the insertion in Part II of the following paragraph after paragraph 7:

"7.A. In addition to being entitled to fees calculated in accordance with paragraph 4 and 7 (1), a Returning Officer shall be entitled to £150".

(2) This Article shall be deemed to have come into operation on the 3rd day of November, 1980.

7. Notwithstanding anything hereinbefore contained, monies to which entitlement arises from by virtue of Article 3 (2), 4 (2), 5 (2) or 6 (2) of this Order shall not become payable until the accounts of a returning officer in respect of services and expenses which have been rendered or incurred by him for the purposes of or in connection with a referendum or election to which the provisions of this Order apply have been rendered to the Minister for Finance.

GIVEN under my Official Seal, this 20th day of May, 1981.

GENE FITZGERALD,

Minister for Finance.

EXPLANATORY NOTE.

This Order sets out revised maximum charges for certain duties performed by returning officers or local returning officers, as the case may be, in connection with the elections and referendum referred to in the Order.