S.I. No. 189/1997:

HARBOURS ACT, 1996 (ELECTION OF EMPLOYEE DIRECTORS) (GENERAL) REGULATIONS, 1997.

HARBOURS ACT, 1996 (ELECTION OF EMPLOYEE DIRECTORS) (GENERAL) REGULATIONS, 1997.

I, SEÁN BARRETT, Minister for the Marine, in exercise of the powers conferred on me by section 3 (1) of the Harbours Act, 1996 (No. 11 of 1996), hereby make the following Regulations:

1. These Regulations may be cited as the Harbours Act, 1996 (Election of Employee Directors) (General) Regulations, 1997.

2. (1) In these Regulations--

"the Act" means the Harbours Act, 1996 (No. 11 of 1996);

"appropriate body" means a recognised trade union or staff association (within the meaning of the Act);

"election" means an election referred to in the Fifth Schedule to the Act;

"list of electors" has the meaning assigned to it by Regulation 15 of these Regulations;

"the Minister" means the Minister for the Marine;

"notice of election" has the meaning assigned to it by Regulation 6 of these Regulations;

"notice of poll", in relation to an election, means notice of the matters referred to in Regulation 16 of these Regulations;

"polling day" means the day referred to in Regulation 6 (b) of these Regulations;

"the Postal Voting Regulations" means the Harbours Act, 1996 (Election of Employee Directors) (Postal Voting) Regulations, 1997;

"relevant company" means a company referred to in paragraph (a) or (b) of section 30 (1) of the Act,

"stated day" means the day specified by the returning officer under paragraph 10 of the Fifth Schedule to the Act.

(2) Every reference to a particular officer shall be construed as including a reference to any person duly appointed to act on his or her behalf in accordance with these Regulations.

3. The returning officer for an election shall appoint a place to be his or her office for the purposes of the election.

4. (1) Each candidate at an election may appoint agents to be present on his or her behalf as regards the election--

(a) in polling places for the purposes of assisting the detection of personation; and

(b) at the counting of the votes.

(2) No candidate at an election may appoint more than one agent for each polling place.

(3) The number of agents who may be present at the counting of votes may be determined by the returning officer provided that the same number shall be allowed on behalf of each candidate at the election.

(4) Where at an election an agent is appointed under this Regulation, the candidate shall give to the returning officer notice in writing of the appointment and such notice shall be received by the returning officer not less than fourteen days before the polling day.

(5) Anything required by these Regulations to be done in the presence of agents shall not be invalidated by reason of any such agent or agents not being present at the time and place appointed for the doing of such thing.

5. Any notice required by the Act or these Regulations to be given by the returning officer may be given by means of any method which the returning officer thinks appropriate.

6. Where a nomination day has been fixed in accordance with paragraph 3 (1) of the Fifth Schedule to the Act, the returning officer at an election shall, not later than 10 weeks before the nomination day, give in such manner as he or she considers appropriate, notice of the election (in these Regulations referred to as "the notice of election") which notice shall state--

( a ) the stated day;

( b ) the day on which, if the election is adjourned for the taking of a poll, that poll is to take place;

( c ) the hours during which and the place or places at which the relevant list of electors may be inspected pursuant to Regulation 15 of these Regulations;

( d ) the times, manner in which and places at which nomination papers will be available;

( e ) the place or places and times at which the returning officer will attend on the nomination day to receive completed nomination papers;

( f ) the location of the office appointed under Regulation 3 of these Regulations;

( g ) the manner in which applications to vote by post should be made to the returning officer, should the election be adjourned for the taking of a poll, the period within which such an application shall be received by the returning officer (being a period that does not commence earlier than 63 days before the nomination day), and the circumstances in which such an application shall be allowed (and for this purpose the notice shall include a statement of the provisions contained in Regulation 3 (2) of the Postal Voting Regulations);

( h ) the times and places at which the application forms for postal ballot papers may be obtained; and

( i ) any other particulars which the returning officer considers appropriate.

7. (1) A person shall not be nominated at an election or have his or her proposed nomination, after it has been delivered to the returning officer, withdrawn without his or her consent.

(2) At an election, a person shall not be entitled to have his or her name entered on a ballot paper unless he or she has been duly nominated and his or her nomination has been ruled as being valid by the returning officer.

(3) Nomination papers used at an election shall be in the form contained, and include the particulars specified, in the First Schedule to these Regulations and a separate nomination paper shall be used as regards each candidate at the election.

8. The returning officer at an election may require persons proposed for nomination as candidates or persons purporting to represent an appropriate body which proposes or supports the nomination of a candidate to establish their identity to his or her satisfaction.

9. (1) Subject to Regulation 6 of these Regulations, the returning officer shall attend to receive completed nomination papers at the place or places and times specified in that behalf in the relevant notice of election.

(2) Every nomination paper shall be delivered to the returning officer in the manner and within the times specified by him or her in the relevant notice of election.

(3) At an election, a person proposed for nomination and one person representing the appropriate body or bodies proposing the nomination or, in case more than one such body proposed the nomination, one person representing each such body shall be entitled to attend while the validity of nominations at the election is being ruled on by the returning officer and no other person shall be entitled so to attend except with the permission of the returning officer.

10. (1) At an election, the returning officer shall number the nomination papers in the order in which they are received by him or her and he or she shall rule on the validity of such papers in the order in which he or she received them.

(2) The returning officer may object to the description of a candidate in a nomination paper if, in his or her opinion, the description is incorrect, insufficient to identify a candidate or unnecessarily long. Where the returning officer so objects he or she shall allow the candidate or a person who he or she is satisfied is authorised to represent an appropriate body which proposed the nomination to amend or delete the description and, if it is not so amended to the returning officer's satisfaction, the returning officer may amend or delete it, as he or she thinks fit, after consultation with the candidate, and with such representative if present, or he or she may rule that the nomination is invalid as not being properly made out.

(3) Where the returning officer has ruled on the validity of a nomination under paragraph 11 (4) of the Fifth Schedule to the Act, he or she shall put a note of his or her decision on the nomination paper and shall sign the note. If he or she rules that the paper is invalid, he or she shall include in such note a statement of the reasons for his or her decision.

(4) As soon as practicable after ruling on the validity of a nomination paper, the returning officer may give notice of his or her ruling in such manner as he or she considers appropriate.

11. (1) The returning officer shall, after he or she has ruled on the nomination papers, cause a notice to be displayed outside his or her office staling the names and descriptions of the persons validly nominated at an election and the names of the appropriate bodies by which the persons nominated as candidates were proposed.

(2) In addition to complying with paragraph (1) of this Regulation, the returning officer may also bring to the attention of persons entitled to vote at an election by such means as he or she considers appropriate the list of candidates validly nominated at an election.

12. (1) A candidate at an election may withdraw his or her candidature by a notice of withdrawal signed by him or her and delivered in person by him or her, or by a representative of the relevant appropriate body duly authorised by him or her in that behalf, to the returning officer not later than the hour of 12.00 noon on the day next following the day for receiving nominations at the election.

(2) Where the returning officer is satisfied that a candidate at an election wishes to withdraw his or her candidature but that neither the candidate nor a duly authorised representative of the relevant appropriate body is able to attend in person in accordance with paragraph (1) of this Regulation, withdrawal of the candidature may be effected by delivering to the returning officer, not later than the hour specified in the said paragraph (1), the notice of withdrawal signed by the candidate and by the person by whom the notice is to be delivered.

(3) Where, after the receipt of nominations at an election, the returning officer becomes aware that a candidate standing nominated has died, he or she shall, in such manner as he or she considers appropriate, immediately give notice to that effect, and, in case a notice is given under this Regulation, the relevant candidature shall be deemed to have been withdrawn, and where the election has been adjourned for the taking of a poll, the candidate's name shall, if circumstances permit, be removed from the ballot paper.

13. A returning officer shall as soon as may be after delivery to him or her of a notice of withdrawal under Regulation 12 of these Regulations give notice of the withdrawal by whatever means he or she considers appropriate.

14. (1) A notice by an appropriate body shall be given to the returning officer concerned not later than five days after the day on which the ruling on the validity of nominations is completed by such returning officer and such notice shall be in the form set out in the Second Schedule to these Regulations.

(2) In case a notice mentioned in paragraph (1) of this Regulation is delivered to a returning officer, the fact of the relevant support shall be indicated on the relevant ballot papers in accordance with the direction contained in Regulation 17 (2) of these Regulations.

15. (1) The returning officer may require an officer of the relevant company to provide such information as the returning officer may reasonably require to enable him or her to comply with the requirement of paragraph 13 of the Fifth Schedule to the Act as respects the preparation and maintenance of a list of eligible voters (hereafter in these Regulations referred to as the "list of electors") and in case a requirement is made under this paragraph and the information sought relates to matters with which the officer of whom the requirement is made is concerned in the course of his or her employment, the requirements shall be complied with.

(2) The list of electors shall comprise the names of all persons entitled to vote at the election to which the list relates and such other particulars (if any) relating to them as the returning officer considers appropriate.

(3) Subject to paragraph (4) of this Regulation, the names on the list of electors shall be arranged alphabetically in order of surnames, or other names or initials and shall be numbered consecutively.

(4) Subject to the agreement of--

( a ) in case in relation to a relevant company there are for the time being not more than two appropriate bodies, such body or bodies,

( b ) in case in relation to a relevant company there are for the time being more than two appropriate bodies, a majority of those bodies,

the list of electors may be arranged in such manner, including a list of postal voters, as the returning officer considers will facilitate the identification of persons entitled to vote in the relevant election.

(5) Where an election is to be held, the returning officer shall, not less than two weeks after the day which, as regards the election, is the stated day, certify the list of electors as being correct. Nothing in this paragraph shall be construed as restricting the right of a person, apart from these Regulations, to apply to have his or her name entered on the list of electors.

(6) A list of electors may be inspected by any person entitled to vote at the election to which the list relates, or by a candidate at an election to which the list relates or by an agent of such a candidate at such times and place or places as shall be specified pursuant to Regulation 6 of these Regulations by the returning officer in the notice of election.

16. Where the returning officer adjourns an election for the taking of a poll, he or she shall, as soon as practicable, and in such manner as he or she considers appropriate, give notice of the following:

( a ) the manner in which, and the persons by whom ballot papers may be issued or received;

( b ) the place and times for the counting of votes; and

( c ) any other particulars which he or she considers appropriate.

17. (1) The ballot of every person who is entitled to vote at an election shall consist of a paper (in these Regulations referred to as a "ballot paper") and such a paper shall be in the form set out on in the Third Schedule to these Regulations.

(2) Ballot papers shall be prepared in accordance with the following directions:

( a ) each ballot paper shall contain the names and descriptions of the candidates standing nominated, as shown in their respective nomination papers. The names shall be arranged alphabetically in the order of the surnames, or if there are two or more candidates bearing the same surname, in the alphabetical order of their other names or if their surnames and other names are the same, in such order as shall be determined by lot by the returning officer;

( b ) the surname of each candidate shall be printed in large characters and his or her other name as appearing on his or her nomination paper, and the name or initials of any appropriate body which nominated him or her as so appearing shall be printed in smaller characters and, if it be the case, the name or initials of any appropriate body which supports his or her nomination;

( c ) where the surnames of two or more candidates at an election are the same, there shall also be printed in large characters on the ballot papers the other names of such candidates and so much of the description of such candidates appearing in their respective nomination papers as will, in the opinion of the returning officer, distinguish such candidates;

( d ) the list of candidates shall be arranged either in one continuous column or in two or more columns in such manner (without departing from the alphabetical order) as, in the opinion of the returning officer, is most convenient;

( e ) the ballot papers shall be numbered consecutively on the back and the back of the counterfoil attached to each ballot paper shall bear the same number. The numbers on the ballot papers shall be printed in the smallest characters compatible with legibility and shall be printed on or about the centre of the paper;

(f) nothing apart from things permitted by this Regulation shall appear on the ballot papers.

18. Every ballot box used at an election shall be constructed so that it can be securely locked and so that while it is so locked ballot papers can be inserted therein but cannot be extracted and the lock and the aperture for the insertion of ballot papers can be sealed.

19. (1) The number of polling places at an election shall be determined by the returning officer having regard to the hours of attendance and location of persons entitled to vote and such other considerations as he or she considers relevant.

(2) The returning officer shall give notice by such means as he or she considers appropriate of the location of each polling place at an election, a description of electors allotted to vote at each such place and the hours during which polling at such place will take place.

(3) The returning officer shall provide at each polling place--

( a ) such number of compartments in which those entitled to vote can mark their ballot papers as he or she considers appropriate and so arranged that, in the returning officer's opinion, the privacy of voters is assured;

( b ) such furniture as he or she considers appropriate;

( c ) a sufficient number of ballot boxes;

( d ) a sufficient number of ballot papers;

( e ) copies of the list of electors or such part thereof as contains the names of the electors allotted to vote at the polling place;

( f ) such materials as he or she considers necessary to enable voters to mark their ballot papers;

( g ) such other documents, forms, stationery and other materials as he or she considers necessary.

(4) The returning officer shall keep a record of the ballot papers provided by him or her at each polling place.

20. (1) Any appointment of a presiding officer or polling clerk under paragraph 2 (4) of the Fifth Schedule to the Act may be revoked at any time by the returning officer by whom it was made, and where the appointment revoked is that of a presiding officer, the returning officer concerned shall forthwith appoint a fresh presiding officer to preside at the relevant polling place.

(2) As soon as possible after the notice of poll has been given, the returning officer shall, on a request being made in that behalf by a candidate at an election or by a person authorised by a body which as regards the election is an appropriate body, permit the candidate or persons so authorised to inspect the list of persons to whom he or she has offered, or proposes to offer, appointments as presiding officers or poll clerks.

(3) Subject to any direction of the returning officer, a presiding officer may do, by a polling clerk appointed under paragraph 2 (4) of the Fifth Schedule to the Act, anything which he or she is required or authorised to do by these Regulations.

(4) The returning officer may perform all or any of the functions of a presiding officer and while so doing shall be subject to the provisions of these Regulations in like manner as if he or she has been appointed a presiding officer.

(5) A presiding officer shall keep order at his or her polling place, shall regulate the number of persons to be admitted at a time and shall exclude from the polling place all persons other than the persons authorised by Regulation 22 of these Regulations to be present in the polling place.

21. Immediately before the commencement of the poll, the presiding officer at each polling place shall show each ballot box in his or her charge to such persons as are present so that they may see that it is empty and shall then lock the box and seal it in such manner as will prevent it being opened without breaking the seal, and shall place it in his or her view for the receipt of ballot papers, and keep it so locked, sealed and in view during the poll.

22. (1) No person shall be admitted to a polling place at an election other than--

( a ) the returning officer;

( b ) the presiding officer and poll clerk (if any) for the polling place;

( c ) the candidates' agents duly appointed for the polling place;

( d ) persons admitted for the purposes of voting at the polling place;

( e ) such other persons as the presiding officer may authorise to be present.

(2) Subject to Regulation 23 of these Regulations, a person shall not be admitted to vote at any polling place other than that to which he or she is allotted,

23. Where a person entitled to vote at an election is employed at the election by the returning officer during the election and if in the opinion of the returning officer the circumstances of his or her employment prevent him or her from voting either by post as provided for in the Postal Voting Regulations or at the polling place to which he or she is allotted, the returning officer may certify that he or she is of that opinion and authorise the person to vote at any other polling place and the person may vote accordingly. In case under this Regulation a returning officer authorises a person to vote at a polling place other than that to which he or she is allotted, the person when voting at such place shall surrender the certificate to the presiding officer who shall not deliver to the person a ballot paper until such surrender is made.

24. (1) Subject to Regulation 23 of these Regulations, the presiding officer shall deliver a ballot paper to a person entitled to vote at the election (other than a person whose name is on the relevant list of postal voters within the meaning of the Postal Voting Regulations) who applies therefor and declares his or her name and such other form of identification as the presiding officer considers appropriate.

(2) Immediately before a ballot paper is delivered under this Regulation a mark shall be placed in the list of electors against the number of the person receiving the ballot paper to denote that a ballot paper has been issued to that person but without showing the number of the ballot paper so issued.

(3) A person on receiving a ballot paper under this Regulation shall go alone into one of the compartments in the polling place and there shall secretly record his or her vote on the ballot paper and fold the ballot paper so that his or her vote is concealed. He or she shall then return to the presiding officer's table and put the folded paper into the ballot box. He or she shall vote without undue delay and shall leave the polling place as soon as he or she has put his or her ballot paper into the ballot box.

25. At an election, a voter who has inadvertently spoilt his or her ballot paper may, on returning it to the presiding officer, be given another ballot paper. The presiding officer shall immediately mark "Spoilt" on the spoilt ballot paper and on the counterfoil thereof. He or she shall retain the spoilt ballot paper and counterfoil and deal with them in accordance with Regulation 27 of these Regulations.

26. (1) At an election, a presiding officer may, and if required by a candidate or candidate's agent present in the polling station shall, put to any person applying for a ballot paper at the time of his or her application, but not afterwards, the following questions or any one or more of them:

( a ) Are you the same person whose name appears as AB and in respect of whom the following particulars appear on the list now in force of persons entitled to vote at elections relating to ..................... (relevant company to which the election relates)? (The whole entry from the said list is to be read aloud by the presiding officer);

( b ) Have you already voted at this election by postal ballot or otherwise?

( c ) Have you reached the age of 18 years and had you at least

(i) one year's continuous service with (relevant company to which the election relates) on ................ (date of stated day)?, or

(ii) a continuous period of not less than 13 weeks service with (relevant company to which the election relates) on ................... (date of stated day) and are you normally expected to work not less than 8 hours a week for (relevant company to which the election relates)?

and unless such of those questions as are put to the person are answered, in the case of the first and third of those questions in the affirmative, and, in the case of the second of them, in the negative, a ballot paper shall not be delivered to him or her.

(2) A presiding officer may, and if required by any candidate or candidate's agent present in the polling place shall, administer to any person applying for a ballot paper at the time of his or her application, but not afterwards, an oath or (in the case of any person who objects to taking an oath on the ground that he or she has no religious belief or that taking an oath is contrary to his or her religious belief) an affirmation in the following form:

"I swear by Almighty God (or -- do solemnly, sincerely and truly declare and affirm -- as may be appropriate) that I am the person registered as AB in the list now in force of persons entitled to vote at elections relating to ......................... (relevant company to which the election relates) and that I have not already voted at this election, that I have attained the age of 18 years and have had at least one year's continuous service with (such relevant company) [or -- have had a continuous period of not less than 13 weeks service with (such relevant company] and that I am normally expected to work not less than 8 hours a week for (such relevant company) -- as may be appropriate] on ..................... (date of stated day)",

and if such person refuses to take such an oath or make such an affirmation a ballot paper shall not be delivered to him or her.

(3) Save as is provided by these Regulations, no question, oath, affirmation or objection shall be put to any person at the poll at an election as to the right of that person to vote.

27. (1) At the time fixed for the close of the poll at an election, the presiding officer shall take steps to ensure that no further persons are admitted to the polling place to vote but any person in the place at that time shall, subject to the provisions of these Regulations, be entitled to receive a ballot paper and to vote.

(2) As soon as practicable after the close of the poll, the presiding officer shall seal each ballot box in his or her charge so that no further ballot papers can be inserted therein and shall attach the key thereto and seal up, in separate packets--

( a ) the unused and spoilt ballot papers, placed together;

( b ) the marked copies of the list of electors;

( c ) the counterfoils of the ballot papers;

( d ) a ballot paper account made out by him or her;

( e ) any certificate given by the returning officer under Regulation 23 of these Regulations authorising persons to vote at the polling place;

( f ) the unused stationery and other documents and materials relating to the election;

and shall deliver all such ballot boxes and packets to the returning officer in such manner as the returning officer may stipulate.

(3) The returning officer shall make adequate arrangements for the safe custody of the ballot boxes and of all documents connected with the poll.

28. At an election, the returning officer shall appoint a place at which he or she will count the votes and shall, at the place so appointed, provide suitable accommodation and all furniture and equipment necessary for counting the votes in accordance with these Regulations.

29. (1) Not less than two days before the polling day the returning officer shall give notice by whatever method he or she considers appropriate of the time referred to in Regulation 30 (1) of these Regulations, and the place appointed under Regulation 28 of these Regulations, at which he or she will begin to count the votes and of the number of candidates' agents who may be present at the counting of the votes.

(2) At an election, no person, other than a candidate, the returning officer, any presiding officer or polling clerk appointed by the returning officer or a candidate's agent duly appointed under these Regulations may be present, except with the permission of the returning officer, at the counting of the votes.

(3) The returning officer shall give such candidates' agents as are present all such reasonable facilities for observing the proceedings at the counting of the votes (including in particular facilities for satisfying themselves that the ballot papers are correctly sorted) and all such information with respect thereto as he or she can give them consistent with the orderly conduct of the proceedings.

30. (1) At the hour of 9,00 a.m. on the day next following the day on which the return of all ballot papers issued at an election to the returning officer is completed and at the place appointed under Regulation 28 of these Regulations, the returning officer shall, in the presence of the candidates' agents, open the ballot boxes, including ballot boxes provided under Regulation 14 (1) of the Postal Voting Regulations, and extract the ballot papers therefrom.

(2) The ballot papers extracted by the returning officer from each ballot box shall be counted and their total number shall be compared with the number shown in the appropriate ballot paper account. The returning officer shall prepare a statement showing the result of this comparison in respect of all the ballot boxes; he or she shall, on request, allow any candidate or candidate's agent present to copy the statement.

(3) The returning officer shall then mix together the whole of the ballot papers and shall forthwith proceed to count the votes in accordance with the Rules contained in the Fourth Schedule to these Regulations.

31. The returning officer shall, as far as practicable, at an election proceed with the counting of the votes allowing time only for refreshment, excluding such hours as he or she, after consultation with the candidates, shall decide. During the time which may be so excluded the returning officer shall place the ballot boxes and documents relating to the election under his or her seal and shall take due precautions for the security of the said boxes and documents.

32. (1) The returning officer shall cause the ballot papers to be scrutinised for the purpose of discovering any papers liable to be rejected as invalid and shall, in accordance with the Rules contained in the Fourth Schedule to these Regulations, ascertain and record the number of votes given to each candidate at an election.

(2) The returning officer, while counting and recording the number of ballot papers, shall cause the said papers to be kept face upwards and due precautions to be taken to prevent any person from seeing the numbers printed on the backs of the said papers.

(3) In counting the votes the returning officer shall credit the candidates at an election with votes in accordance with the Rules contained in the Fourth Schedule to these Regulations.

33. (1) When pursuant to paragraph 6 of the Fifth Schedule to the Act the returning officer informs the Minister of the names of any candidate or candidates elected at an election, he or she shall at the same time send a copy of the notification to the relevant company to which the election relates.

(2) ( a ) When the result of an election has been ascertained, the returning officer shall, as soon as may be, cause to be prepared a statement in the form set out in the Fifth Schedule to these Regulations.

( b ) The returning officer shall cause the result of an election to be announced by whatever means he or she considers appropriate and such announcement shall indicate the order in which each candidate at the election stood at the completion of the counting of the votes and such other information as the returning officer considers appropriate.

(3) The returning officer shall, as soon as may be, cause a copy of the statement prepared in pursuance of paragraph (2) (a) of this Regulation to be sent to the Minister and to the relevant company to which the election relates.

34. On the completion of the counting of the votes at an election, the returning officer shall arrange to have all documents relating to the election retained for one year at the expiration of which they shall be destroyed in an appropriate manner.

35. (1) The returning officer shall as soon as may be present a duly authenticated account of the costs and expenses of an election to the Chairperson of the relevant company to which the election relates and to the Minister.

(2) The returning officer shall be reimbursed by the relevant company to which an election relates for any costs and expenses duly incurred by him or her or on his or her behalf in the conduct of an election.

(3) Any person who claims to be entitled by virtue of paragraph 9 of the Fifth Schedule to the Act to the payment of moneys shall present an account to the Chairperson of the relevant company concerned not later than three months after the day on which the result of the relevant election is declared by the returning officer.

(4) When there is a dispute regarding an account presented under this Regulation, the relevant company concerned may apply to the Circuit Court to have the said account taxed and the Court shall, accordingly, tax the account and determine the amount payable thereunder.

(5) An application to the Circuit Court under paragraph (4) of this Regulation shall be made to the Judge of the Circuit Court for the Circuit in which the registered office of the relevant company concerned is situated.

Regulation 7

FIRST SCHEDULE

HARBOURS ACT, 1996 .

Harbours Act, 1996 (Election of Employee Directors) (General) Regulations, 1997.

NOMINATION PAPER.

(Note: Part 1 and Part 2 to be completed in respect of candidate. Part 3 and Part 4 to be completed by returning officer).

Relevant company to which election relates ............................................................ ............

PART 1

To the Returning Officer:--

I/We, the undersigned, being authorised to sign nomination forms at elections under the above-mentioned Act on behalf of the/an appropriate body referred to at Part 2 below, propose for nomination as a candidate at the election under the said Act being held in .............................. in relation to the above-mentioned relevant company:

PART 2

PART 3

(Note: For completion by Returning Officer).

PART 4

Regulation 14

SECOND SCHEDULE

HARBOURS ACT, 1996 .

Harbours Act, 1996 (Election of Employee Directors) (General) Regulations, 1997.

NOTIFICATION INDICATING SUPPORT OF NOMINATION OF CANDIDATE

Regulation 17

THIRD SCHEDULE

HARBOURS ACT, 1996 .

Harbours Act, 1996 (Election of Employee Directors) (General) Regulations, 1997.

BALLOT PAPER.

_________________________________________________________________________________

Regulations 30 and 32

FOURTH SCHEDULE

RULES FOR COUNTING VOTES.

Definitions

1. In these Rules:--

"continuing candidate" means any candidate not deemed to be elected and not excluded;

"count" means:

( a ) all the operations involved in the counting of the first preferences recorded for candidates: or

( b ) all the operations involved in the transfer of the surplus of an elected candidate: or

( c ) all the operations involved in the transfer of the votes of an excluded candidate;

"deemed to be elected" means deemed to be elected for the purposes of the counting of the votes but without prejudice to the declaration of the result of the poll;

"determine by lot" means determine in accordance with the following directions, namely, the names of the candidates concerned having been written on similar slips of paper, and the slips having been folded so as to prevent identification and mixed and drawn at random, the candidate or candidates shall in cases of exclusion be excluded in the order in which their names are drawn, and in cases of surpluses, the surpluses shall be transferred in the order in which the names are drawn;

"mark" means a figure, a word or a mark such as "X";

"non-transferable paper" means a ballot paper on which no second or subsequent preference is recorded for a continuing candidate, provided that a paper shall be deemed to have become a non-transferable paper whenever--

( a ) the names of two or more candidates (whether continuing candidates or not) are marked with marks which, in the opinion of the returning officer, indicate the same order of preference and are next in order of preference, or

( b ) the name of the candidate next in order of preference (whether a continuing candidate or not) is marked with a mark which, in the opinion of the returning officer, does not follow consecutively after some other mark on the ballot paper, or with two or more marks, or

( c ) it is void for uncertainty;

"original vote", in regard to any candidate, means a vote derived from a ballot paper on which a first preference is recorded for that candidate;

"preference" shall be interpreted as follows:

( a ) "first preference" means any mark which, in the opinion of the returning officer, clearly indicates a first preference; "second preference" means any mark which, in the opinion of the returning officer, clearly indicates a second preference standing in succession to a first preference; "third preference" means any mark which, in the opinion of the returning officer, clearly indicates a third preference standing in succession to a second preference: and so on;

( b ) "next available preference" means a preference which, in the opinion of the returning officer, is a second or subsequent preference recorded in consecutive order for a continuing candidate, the preferences next in order on the ballot paper for candidates already deemed to be elected or excluded being ignored;

"surplus" means the number of votes by which the total number of the votes, original and transferred, credited to any candidate, exceeds the quota;

"transferable paper" means a ballot paper on which, following a first preference, a second or subsequent preference is recorded in consecutive numerical order for a continuing candidate;

"transferred vote", in regard to any candidate, means a vote derived from a ballot paper on which a second or subsequent preference is recorded for that candidate.

Invalid ballot paper

2. (1) Any ballot paper--

( a ) on which the figure I standing alone is not placed at all or is not so placed as to indicate a first preference for some candidate, or

( b ) on which the figure I standing alone indicating a first preference is set opposite the name of more than one candidate, or

( c ) on which anything is written or marked by which the voter can be identified,

shall be invalid and not counted, but the ballot paper shall not be invalid by reason only of carrying the words "one", "two", "three" (and so on) or any other mark which, in the opinion of the returning officer, clearly indicates a preference or preferences.

(2) The returning officer shall endorse "Rejected" on any ballot paper which under this Rule is not to be counted. The returning officer shall prepare a statement showing the number of ballot papers rejected by him or her under each of the subparagraphs (a), (b), and (c) of the preceding paragraph and shall, on request, allow any candidate or agent of a candidate to copy such statement.

First count

3. (1) After the ballot papers have been mixed in accordance with Regulation 30 of these Regulations, the returning officer shall, rejecting any that are invalid, arrange them in parcels according to the first preferences recorded for each candidate.

(2) The returning officer shall then count the number of papers in each parcel and credit each candidate with a number of votes equal to the number of valid papers on which a first preference has been recorded for such candidate and he or she shall ascertain the number of all valid papers.

The quota

4. (1) The returning officer shall then divide the number of all valid papers by a number exceeding by one the number of members to be elected. The result increased by one, any fractional remainder being disregarded, shall be the number of votes sufficient to secure the election of a candidate. This number is referred to in these Rules as "the quota".

(2) Where at the end of any count the number of votes credited to a candidate is equal to or greater than the quota, the candidate shall be deemed to be elected.

Transfer of surplus

5. (1) Where at the end of any count the number of votes credited to a candidate is greater than the quota, the surplus shall be transferred in accordance with this Rule to the continuing candidate or candidates indicated on the ballot papers in the parcel or sub-parcel of the candidate deemed to be elected according to the next available preferences recorded thereon.

(2) Where the votes credited to a candidate deemed to be elected whose surplus is to be transferred consist of original votes only, the returning officer shall examine all the papers in the parcel of that candidate and shall arrange the transferable papers in sub-parcels according to the next available preferences recorded thereon.

(3) Where the votes credited to a candidate deemed to be elected whose surplus is to be transferred consist of original and transferred votes, or of transferred votes only, the returning officer shall examine the papers contained in the sub-parcel last received by that candidate and shall arrange the transferable papers therein in further sub-parcels according to the next available preferences recorded thereon.

(4) In either of the cases referred to in paragraphs (2) and (3) of this Rule the returning officer shall make a separate sub-parcel of the non-transferable papers and shall ascertain the number of papers in each sub-parcel of transferable papers and in the sub-parcel of non-transferable papers.

(5) If the surplus is equal to or greater than the total number of papers in the sub-parcels of transferable papers, the returning officer shall transfer each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voters' next available preference. Where, however, the surplus is greater than such total number, a sub-parcel shall be made of a number of non-transferable papers equal to the difference between such total number and the surplus and the papers in such sub-parcel shall be set aside and not further taken into account and, for the purposes of Regulation 32 (3) of these Regulations, shall be described as non-transferable papers not effective and the remaining non-transferable papers, also arranged in a sub-parcel, shall be placed with the papers of the candidate deemed to be elected.

(6) Where the surplus is less than the total number of transferable papers, the returning officer shall transfer from each sub-parcel of transferable papers to the continuing candidate indicated thereon as the voters' next available preference that number of papers which bears the same proportion to the number of papers in the sub-parcel as the surplus bears to the total number of transferable papers. The number of papers to be transferred from each sub-parcel shall be ascertained by multiplying the number of papers in the sub-parcel by the surplus and dividing the result by the total number of transferable papers. A note shall be made of the fractions, if any, in each quotient ascertained in respect of each candidate. If, owing to the existence of such fractions, the number of papers to be transferred is less than the surplus, so many of these fractions taken in the order of their magnitude (beginning with the largest) as are necessary to make the total number of papers to be transferred equal to the surplus shall be reckoned as of the value of unity and the remaining fractions shall be ignored. Where two or more fractions are of equal magnitude, that fraction shall be deemed to be the largest which arises from the largest sub-parcel, and if such sub-parcels are equal in size, the returning officer shall determine by lot which fraction shall be deemed to be the largest.

(7) The papers to be transferred from each sub-parcel shall be those last filed in the sub-parcel, and each paper so transferred shall be marked to indicate the number of the count at which the transfer took place.

(8) The returning officer need not necessarily transfer the surplus of a candidate deemed to be elected when that surplus, together with any other surplus not transferred, is less than both--

( a ) the difference between the quota and the number of votes credited to the highest continuing candidate, and

( b ) the difference between the numbers of the votes credited to the two lowest continuing candidates.

(9) Where at any time there are two or more surpluses, the greater or greatest of such surpluses shall first be transferred and the remaining surplus or surpluses shall then be transferred and, where appropriate, in the order of their descending magnitude.

(10) Where two or more candidates have each an equal surplus, the surplus which arose at the earliest count shall first be transferred, but if the surpluses arose at the same count, the returning officer shall determine by lot which of those surpluses shall be first transferred.

Exclusion of candidates

6. (1) If at any time no candidate has a surplus (or when under the preceding Rule an existing surplus need not be and is not transferred), and one or more vacancies remain unfilled, the returning officer shall exclude the candidate credited with the lowest number of votes and shall examine all the papers of that candidate, and shall arrange the transferable papers in sub-parcels according to the next available preferences recorded thereon for continuing candidates, and shall transfer each sub-parcel to the candidate for whom that preference is recorded, and shall make a separate sub-parcel of the non-transferable papers. The non-transferable papers shall be set aside and not further taken into account and, for the purposes of Regulation 32 (3) of these Regulations, shall be described as non-transferable papers not effective.

(2) When the total of the votes of the two or more lowest candidates together with any surpluses not transferred is less than the number of votes credited to the next highest candidate, the returning officer may in one operation exclude such two or more lowest candidates.

(3) If, when a candidate has to be excluded under this Rule two or more candidates have each the same number of votes and are lowest, regard shall be had to the number of original votes credited to each of those candidates, and the candidate with the smallest number of original votes shall be excluded and where the numbers of the original votes are equal, the returning officer shall determine by lot which shall be excluded.

Transfer of votes

7. (1) Where a transfer of votes is made under Rule 5 or 6 of these Rules, each sub-parcel of papers transferred shall be placed on top of the parcel, if any, of papers of the candidate to whom the transfer is made, and that candidate shall be credited with a number of votes equal to the number of papers transferred to him or her.

(2) If after any transfer, a candidate has a surplus, that surplus shall be dealt with in accordance with and subject to the provisions of Rule 5 of these Rules before any other candidate is excluded.

Filling of last vacancies

8. (1) When the number of continuing candidates is equal to the number of vacancies remaining unfilled, the continuing candidates shall thereupon be deemed to be elected.

(2) When only one vacancy remains unfilled, and the votes of some one continuing candidate exceed the total of all the votes of the other continuing candidates together with any surplus not transferred, the candidate shall thereupon be deemed to be elected.

Recount

9. (1) Any candidate or agent may, at the conclusion of any count, request the returning officer to re-examine and recount all or any of the papers dealt with during that count, and the returning officer shall forthwith re-examine and recount such papers accordingly without making any alterations in the arrangement of the papers in the various parcels, save where such alterations may be necessary in consequence of an error discovered in the recount. The returning officer may also at his or her discretion recount papers either once or more often in any case in which he is not satisfied as to the accuracy of any count; but nothing herein shall make it obligatory on the returning officer to recount the same parcel of papers more than once.

(2) The power under the foregoing paragraph of a returning officer to recount at his or her discretion papers in any case in which he or she is not satisfied as to the accuracy of any count shall extend to papers dealt with at an earlier count than the immediately preceding one.

(3) As respects each candidate, one request (and not more) may be made by him or her or his or her agent for a complete re-examination and recount of all parcels of ballot papers, and the returning officer shall forthwith re-examine and recount the parcels of ballot papers accordingly. In the re-examination and recount, the number or order of ballot papers in any parcel shall not be disturbed. Nothing in the foregoing provisions of this Rule shall make it obligatory on the returning officer to re-examine or recount the same parcel of papers more than once, but if an error is discovered which is, in the opinion of the returning officer, a significant error likely to affect the result of the election, the returning officer shall count all the papers afresh from the point at which the error occurred.

(4) Where an error is discovered, the returning officer shall, where necessary, amend any results previously announced by him or her.

Declaration of the result of the poll

10. On the completion of the counting of the votes the returning officer shall determine and declare the result of the poll and the candidates deemed to be elected shall thereupon stand elected.

Decision of returning officer

11. The decision of the returning officer, whether expressed or implied by his or her acts, on any question which arises in relation to the exclusion of any candidate under Rule 6 of these Rules or to any ballot paper or transfer of votes shall be final.

Regulation 33

FIFTH SCHEDULE

HARBOURS ACT, 1996 .

Harbours Act, 1996 (Election of Employee Directors) (General) Regulations, 1997.

RESULT OF ELECTION.

Note: If there are more counts than four, particulars of the transfers and the result of each count should be given and this form amended accordingly.

GIVEN under my Official Seal, this 7th day of May, 1997.

SEÁN BARRETT,

Minister for the Marine.

EXPLANATORY NOTE.

These Regulations deal with the conduct of elections held under the Harbours Act, 1996 .