S.I. No. 132/1989 -- Returning Officers' and Local Returning Officers' Charges Order, 1989.

S.I. No. 132/1989 -- Returning Officers' and Local Returning Officers' Charges Order, 1989. 1989 132

S.I. No. 132/1989:

RETURNING OFFICERS' AND LOCAL RETURNING OFFICERS' CHARGES ORDER, 1989.

I, ALBERT REYNOLDS, Minister for Finance, in exercise of the powers conferred on me by section 25(5) (as extended by section 23 (4) of the Electoral Act, 1963 (No. 19 of 1963)) of the Electoral Act, 1923 (No. 12 of 1923), and section 91 (as amended by section 21(1) of the European Assembly Elections Act, 1977 (No. 30 of 1977) and section 2 of the Electoral (Amendment) Act 1989 (No. 8 of 1989)) of the Electoral Act, 1963 , and section 14 (6) of the European Assembly Elections Act 1977 , and by section 26 (2) of the Electoral (Amendment) (No. 2) Act 1986 (No. 35 of 1986), hereby order as follows:

1. This Order may be cited as the Returning Officers' and Local Returning Officers' Charges Order, 1989.

2. In this Order:--

"the Act of 1923" means the Electoral Act, 1923 (No. 12 of 1923);

"the Act of 1963" means the Electoral Act, 1963 (No. 19 of 1963);

"the Act of 1977" means the European Assembly Elections Act, 1977 (No. 3 of 1977);

"the Act of 1984" means the European Assembly Elections Act, 1984 (No. 6 of 1984);

"the Act of 1986" means the Electoral (Amendment) Act, 1986 (No. 12 of 1986);

"the Act of 1989" means the Electoral (Amendment) Act, 1989 (No. 8 of 1989);

"a European Election" means an election of representatives to the Parliament of the European Community in accordance with the European Assembly Elections Acts 1977 to 1986 the poll at which is to be taken on the 15th day of June 1989;

"a Dail Election" means a General Election within the meaning of section 65 (as amended by section 9(1) of the Act of 1963) of the Act of 1923 the poll at which is to be taken on the 15th day of June, 1989;

"a Dail returning officer" means the person who, pursuant to section 11(1) of the Act of 1963, as amended by section 1 of the Act of 1986, is the returning officer for a Dail constituency;

"local returning officer" means a Dail returning officer acting in pursuance of Article 14(1) of the European Parliament Election, Dail Election and Udaras an Gaeltachta Election Regulations, 1989, ( S.I. No. 128 of 1989 ) as a local returning officer for the European Election in a Dáil constituency;

"returning officer" means a person who is appointed under section 14(1) of the Act of 1977 to be a returning officer for the purposes of a European Election;

"an Udaras Election" means an election, under Part IV of the Udaras na Gaeltachta Act 1979 (No. 5 of 1979), of members of Udaras na Gaeltachta the poll at which is to be taken on the 15th day of June 1989.

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

4. The scale of maximum charges for the purposes of--

(a) section 25 (as extended by section 23(4) of the Act of 1963) of the Act of 1923, and section 14(6) of the Act of 1977 except insofar as the said sections 25 and 14(6) relate to a poll,

(b) section 91 (as amended by section 21(1) of the Act of 1977 and section 2 of the Act of 1989) of the Act of 1963, insofar as the said section 91 relates to the polls described in paragraphs (b), (bb) and (cc) of subsection (1) thereof,

shall, as respects the Dail election, and the European Election, be the scale set out in the Schedule to this Order.

5. (1) Accounts of a Dáil returning officer or, as may be appropriate, a returning officer, or 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 Dáil Election, or a European Election, shall be rendered by such officer to the Minister for Finance by being sent to the Accountant, Department of Finance, Accounts Branch, Kildare Street, Dublin 2, within the period of 26 weeks beginning on the 15th day of June, 1989, 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 are rendered by me in respect of the services and expenses rendered or incurred by me and accompany this declaration are correct.

Signed ".

(2) In the case of disbursements in respect of claims for payments in connection with the elections aforesaid which have been settled by a Dáil returning officer, a returning officer or a local returning officer, vouchers and receipts shall be submitted to the Minister for Finance with the accounts referred to in paragraph 5 (1) of this Order and in the case of such claims which have not been so settled, the relevant bills or other documents shall be submitted to the Minister for Finance with the said accounts.

(3) The accounts referred to in paragraph 5(1) of this Order shall classify and show the disbursements and other charge claimed, together with their totals, in the same manner as the charges allowable under this Order are classified in the scale of maximum charges set out in the Schedule to this Order.

(4) In rendering the accounts referred to in paragraph 5 (1) of this Order, the Dáil returning officer, a returning officer or a local returning officer shall, in addition to complying with the foregoing provisions of this paragraph, have regard to any directions which for the time being stand issued by the Minister for Finance to Dáil returning officers, returning officers or local returning officers with reference to the particulars and information to be furnished in support of claims for payments out of the Central Fund.

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

7. The scale prescribed by the Returning Officers' and Local Returning Officers' Charges Regulations 1984 ( S.I. No. 138 of 1984 ) and the Returning Officers' Charges (General Elections to Dáil Éireann) Order 1987 ( S.I. No. 21 of 1987 ), shall not apply to any European Election, General Election (within the meaning of section 65 (as amended by section 9 of the Act 1963) of the Act of 1923), or Bye-Election (within the meaning aforesaid) held after the making of this Order.

SCHEDULE

SCALE OF MAXIMUM CHARGES

PART I

General

1. (1) In this Schedule--

"electors" means--

(a) in relation to the ascertainment of the maximum sum payable to a returning officer in respect of a constituency (being a constituency specified in the Second Schedule to the Act of 1977), the number of persons registered in the register of European Parliament electors for the constituency;

(b) in relation to the ascertainment of the maximum sum payable to a local returning officer, the number of persons registered in the register of European Parliament electors for the Dáil constituency (being a Dáil constituency specified in the Schedule to the Electoral (Amendment) Act, 1983 (No. 36 of 1983)) in respect of which the officer is the Dáil returning officer, and

(c) in relation to the ascertainment of the maximum sum payable to a Dáil returning officer in respect of a Dáil constituency, the number of persons registered in the register of Dáil electors for the constituency.

(2) Reference in this Schedule to a Dáil returning officer or a local returning officer shall (where appropriate) be construed as including references to an assistant, deputy or acting Dáil returning officer or local returning officer.

PART II

Services of returning officers in contested and uncontested European Elections.

2 (1) For conducting a European Election and counting the votes and generally performing all the duties which a returning officer is required by law to perform:

	£
In the case of a contested election ...................................	2,800
In the case of an uncontested election ..............................	480

(2) In the event of a re-examination and re-count under Rule 65 of the First Schedule of the Act of 1977, there shall be paid in respect thereof such sum as may be authorised by the Minister for Finance having regard to

(a) the time spent thereon and

(b) the remuneration for the original count.

PART III

Services of local returning officers in contested and uncontested European Elections.

3. For conducting a European Election 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, 5 and 6 of this Scale) in any Dáil constituency in which there is a contested European Election:

fee per 100 electors

	£
Up to 30,000 electors ....................................................	1.90
30,000 -- 50,000 electors ...............................................	1.15
Exceeding 50,000 electors ..............................................	0.90

Provided that where a person performs duties of a Dáil returning officer for more than one constituency, or for portions or 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 segregation of ballot papers and verfication of ballot paper accounts:

	£
Up to 30,000 electors ....................................................	93.00
For each 1,000 electors over 30,000 ................................	2.62

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

	£
For every complete 100 postal voters or any fraction thereof exceeding one-half on the register ...................................	15.00
Subject to a minimum fee of ..........................................	40.00

6. For all duties appertaining to special voters:

For every complete 100 special voters, or fraction thereof exceeding one half, on the special voters list:

	£
In case there is one poll only ........................................	19.30
Subject to a minimum fee of ..........................................	50.00
In any other case ............................................................	25.00
Subject to a minimum fee of ..........................................	65.00

PART IV

Services of Dáil returning officers in a Dáil Election (whether contested or uncontested)

7. For conducting a Dáil Election and generally performing all the duties which a Dáil 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 30,000 electors ...........................................................	2.12
For the next additional 20,000 electors .............................	1.22
Exceeding 50,000 electors ...................................................	0.95

Provided that where a person performs duties of a Dáil 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 porvisions of this paragraph, be deemed to be a single constituency.

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

	£
For each member to be returned in respect of the constituency	23.30
Subject to a minimum fee of ..........................................	70.00

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

	£
For every complete 100 postal voters or fraction thereof exceeding one-half ...................................................	15.00
Subject to a minimum fee of .........................................	40.00

10. (1) For all duties appertaining to the counting of the votes:

	£
For the first 50,000 electors ............................................	250.00
For each complete 1,000 electors, or fraction there of exceeding one-half, in excess of 50,000 ..........................................	2.12

(2) In the event of a complete re-examination and re-count under Rule 10 as amended by section 39 of the Electoral Act, 1963 ) of the Third Schedule to the Act of 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) the remuneration for the original count.

11. In case a Dáil Election is uncontested, one third of the appropriate fee mentioned in paragraph 7 of this Part together with the appropriate fee mentioned in paragraph 8 of this Part.

PART V

Services of local returning officers in Udaras Elections

12. For all duties devolving on a local returning officer in respect of an Udaras Election:

	£
For every 100 electors ...................................................	1.05
Subject to a minimum of ...............................................	55.00

PART VI

Disbursements of returning officers

13. For clerical, legal and other expenses:

Actual and necessary costs subject to a maximum of £191.00 plus £0.26 per 100 electors.

14. Counting of Votes

Per 100 electors

	£
Where the count takes place wholly or partly on a Sunday ....	3.92
Where the count takes place on a day or days other than Sunday: ............................................................ .........	2.91

Together with £480 for supervision and calculation.

In the event of a re-examination and re-count under Rule 65 of the First Schedule to the Act of 1977, 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) the remuneration for the original count.

PART VII

Disbursements of local returning officers in contested elections

15. Taking the Polls or Poll:

(1) Each special presiding officer -- for all expenses, other than travelling expenses and subsistence allowances authorised by this Order:

Where there is one poll:--

	£
For a full-day (minimum 6 hours) ....................................	50.00
For shorter periods -- per hour ......................................	8.30

Where there are two polls:--

For a full day (minimum 6 hours) ....................................	65.50
For shorter periods -- per hour ......................................	10.90

(2) (i) Each presiding officer -- for all expenses, other than travelling expenses and subsistence allowance, authorised by this Order:

	£
Where there is one poll ..........................................	44.50
Where there are two polls .............................................	58.30
Where there are three polls ...........................................	64.10

(ii) One additional presiding officer appointed by the local returning officer for each polling place where the number of polling stations exceeds four -- for all expenses, other than travelling expenses and subsistence allowances, authorised by this Order:

	£
Where there is one poll only ..........................................	50.00
Where there are two polls .............................................	65.50
Where there are three polls ...........................................	72.00

(3) Poll Clerks -- for all expenses, other than travelling expenses and subsistence allowances, authorised by this Order:

	£
Where the number of clerks equals the number ..................	32.00
Where the number of clerks is one less than the number of polls ............................................................ .............	38.70 /CE>
Where the number of clerks is two less than the number of polls ............................................................ .............	45.60

(4) A local returning officer may appoint one emergency presiding officer in a Dail constituency who may be paid a retaining fee of £22 which may be increased to the full appropriate fee if the officer so appointed is necessarily employed as a presiding officer and, in the case of a constituency situated in two counties or in a county and a county borough, two emergency presiding officers may be so appointed and paid.

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

	£
Up to 50,000 electors ....................................................	710.00
For each additional 1,000 electors thereafter .........................	7.10

17. Remuneration of persons engaged in the despatch and receipt of ballot papers of postal voters:

For every complete 100 postal voters or fraction

thereof exceeding one-half .......................................................

15.00

Subject to a minimum fee of ..........................................

40.00

18. For all duties appertaining to special voters:

For every complete 100 special voters, or fraction thereof exceeding one half, on the special voters list

	£
In case there is one poll only. .......................................	19.30
Subject to a minimum fee of ..........................................	50.00
In any other case ............................................................	25.00
Subject to a minimum fee of ..........................................	65.00

PART VIII

Disbursements of Dáil returning officers

19. Counting of votes

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

	£
(a) where the number of candidates nominated and not withdrawn exceeds by one or two the number of candidates to be elected	2.95
(c) where that number exceeds by six or more the number of candidates to be elected	3.20

(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 Act of 1923) beyond seven, provided that:

(a) where, under Rule 7 (2) of that Schedule, the Dáil 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 £54.00 for supervision and £27.00 for calculations and transfer work, shall be divided at the discretion of the Dáil returning officer between all competent persons appointed to assist him in counting the votes.

(4) In the event of a complete re-examination and re-count undr Rule 10 (as amended by section 39 of the Act of 1963) of the Third Schedule to the Act of 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.

20. Miscellaneous

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

For every complete 100 electors, or fraction thereof

exceeding one-half:

	£
Where there is one poll only .....................	3.57
Where there are two polls ........................	4.65

Provided that where a person performs duties of a Dáil 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 subparagraph employed by the Dáil returning officer ......................................

£182.00

Provided that where a Dáil 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 £91.00.

(b) Remuneration of persons engaged in the despatch and receipt of ballot papers of postal voters:

	£
For every complete 100 such voters, or fraction thereof exceeding one-half, on the register for the constituency .................	15.00
Subject to a minimum of ...............................................	40.00

PART IX

Miscellaneous disbursements of returning officers, local returning officers and Dáil returning officers.

21. (a) The assistance of a special legal assessor employed by a returning officer, a local returning officer or the Dáil returning officer, with the prior consent of the Minister for the Environment.		Such sums as may be authorised by the Minister for Finance.
(b) Returning officers' local returning officers' or Dáil returning officers' travelling expenses and subsistencef allowances where necessary to make arrangements for the poll or otherwise in connection with the conduct of the elections.		The rates and conditions normally applicable to travelling expenses and subsistence allowances of County Registrars.
(c) 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 such 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 40p per mile (mileage and other travelling expenses shall ordinarily be calculated as though journeys commenced at the returning officer's, local returning officers or Dail 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 returning officer's, local returning officer's or Dail returning officer's headquarters..........................................................£34.00
		For absences of 10 hours or more (but not payable for an absence at any place within 5 miles of home or the returning officer's or local returning officer's, or Dáil returning officer's headquarters) ........£14.50
		For absences of 5 hours but less than 10 horus but less than 10 hours (but not payable for an absence at any place within 5 miles of home or the returning officer's, local returning officer's or Dáil returning officer's headquarters) .......................£6.00
(d) 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 such 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 40p per mile; subsistence allowances at the rate of £5.50 if necessarily detained on account of duty after 10.30 p.m., or £7.50 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 account of duty for more than 5 hours, subsistence allowance at the rate of £5.50 per day.
(e) Travelling expenses and subsistence allowance of clerical or other assistance employed by the returning officer, localo returning officer or Dáil returning officer in connection with the conduct of the election.
		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 returning officer's, local returning officer's or Dáil returning officer's headquarters .............. £30.00
(f) Conveying of polling screens, ballot boxes, ballot papers and related articles in connection with the election.		Actual railway charges, or, where rail service is not available, actual and necessary cost.
(g) Printing and providing ballot papers, printing and publishing notices, nomination papers and other documents required in and about the election.		Cost as charged by the Government Supplies Agency, or, where printing is arranged by the returning officer, the local returning officer, or the Dáil returning officer, the actual and necessary cost.
(h) Use of any building or room for the purpose of the election.		Actual and necessary expenses and cost arising.
(i) 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.
(j) Ballot boxes required to be purchased, hired or repaired.
(k) Stamping instruments required to be purchased, hired, altered or repaired.		Cost as charged by the Government Supplies Agency
(l) Stationary at polling stations.
(m) General stationary, postage, telegrams and telephones.		Actual and necessary cost.

PART X

Disbursements of returning officers, local returning officers and Dáil returning officers in uncontested elections.

22. The Whole Election

(a) Prelimminary work undertaken in anticipation of a contested election, including clerical, legal and other assistance.	Actual and necessary cost subject to the limits set out in Parts VI to IX 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 3rd day of June, 1989.

ALBERT REYNOLDS,

Minister for Finance.

EXPLANATORY NOTE

This Order sets out the scale of maximum charges for returning officers and local returning officers in respect of the European Parliament Elections and for returning officers in respect of the General Election to Dáil Éireann.

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Irish Statutory Instruments

S.I. No. 132/1989 -- Returning Officers' and Local Returning Officers' Charges Order, 1989.