S.I. No. 143/1937 - Returning Officers' (Borough and County Constituencies) Charges Order, 1937.

STATUTORY RULES AND ORDERS. 1937. No. 143.

RETURNING OFFICERS' (BOROUGH AND COUNTY CONSTITUENCIES) CHARGES ORDER, 1937.

WHEREAS it is enacted by sub-section (1) of section 25 of the Electoral Act, 1923 (No. 12 of 1923), that the returning officer at a Dáil election shall be entitled to his reasonable charges not exceeding the sums specified in the scale of maximum charges framed under that section in respect of services and expenses of the several kinds mentioned in the said scale which have been properly rendered or incurred by him for the purposes of or in connection with the election, and it is enacted by sub-section (5) of the said section 25 that the Minister for Finance shall prescribe a scale of maximum charges for the purposes of that section, and may revise the scale as and when he thinks fit.

AND WHEREAS in pursuance of the powers conferred by the said sub-section (5) of section 25 of the Electoral Act, 1923 , a scale of maximum charges for returning officers for borough constituencies and county constituencies respectively for the purposes of the said section was prescribed by the Minister for Finance on the 17th day of May, 1927.

AND WHEREAS it is expedient that the said scale of maximum charges so prescribed should be revised,

NOW, the Minister for Finance, in exercise of the powers conferred on him by sub-section (5) of section 25 of the Electoral Act, 1923 (No. 12 of 1923), and of every and any other power him in that behalf enabling hereby orders as follows:—

1. This order may be cited for all purposes as the Returning Officers' (Borough and County Constituencies) Charges Order, 1937.

2. The Interpretation Act, 1889, applies to the interpretation of this order in like manner as it applies to the interpretation of an Act of the Oireachtas passed before the 1st day of January, 1924.

3. The scale of maximum charges for returning officers for borough constituencies and county constituencies respectively prescribed by the Minister for Finance on the 17th day of May, 1927, under section 25 of the Electoral Act, 1923 , is hereby revoked.

4. The scale of maximum charges for the purposes of section 25 of the Electoral Act, 1923 , to be paid to returning officers for borough constituencies and county constituencies respectively shall be the scale set forth in the Schedule hereto.

Given under the Official Seal of the Minister for

Finance this seventeenth day of June, in the

year one thousand nine hundred and thirty-

seven.

(Signed) J. J. McELLIGOTT,

Secretary,

Department of Finance.

SCHEDULE.

SCALE OF MAXIMUM CHARGES.

PART I.

1. In this Scale, unless the context otherwise requires:—

(a) The expression "constituency" means any constituency named in the Eighth Schedule to the Electoral Act, 1923 , as amended by the Electoral (Revision of Constituencies) Act, 1935 ;

(b) The expression "borough constituency" means any constituency named in Part I of the said Schedule;

(d) For the purpose of ascertaining the maximum fee or expense payable pursuant to an Article of this Scale the term "Electors" means the number of registered Dáil Electors on the Register of Electors for that portion of the constituency in respect of which the Returning Officer or Assistant Returning Officer discharges the duties mentioned in such Article.

2. This scale shall only apply to a General Election to Dáil Eireann.

3. Part II A of this scale shall not apply in the case of a County Registrar who is a Returning Officer or an Assistant Returning Officer.

PART II.

A.—FOR SERVICES OF RETURNING OFFICER.

1. In a Contested Election.

(1) To the Returning Officer or the Assistant Returning Officer 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 specially provided for at paragraphs (2), (3) and (4) below).

As respects a county constituency—
For every complete 100 of the electors for the constituency	£	s.	d.
up to 20,000 electors ... ... ... ...	0	5	0
exceeding 20,000 electors but not exceeding 50,000 electors ... ... ... ...	0	4	0
exceeding 50,000 electors ... ... ...	0	3	0
As respects a borough constituency—
For every complete 100 of the electors for the constituency
up to 100,000 electors ... ... ... ...	0	4	0
exceeding 100,000 electors but not exceeding 200,000 electors ... ... ... ...	0	2	0
exceeding 200,000 electors ... ... ...	0	1	0
Provided that the borough constituencies of North-East Dublin, North-West Dublin and South Dublin shall for the purposes of the foregoing provisions of this Part of this scale be deemed to be a single borough constituency.
(2) To the Returning Officer for receiving nominations, withdrawals, making returns to writs, etc.:—
For each member to be returned in respect of the Constituency ... ... ... ...	£	s.	d.
Constituency	3	3	0
Subject to a minimum fee of ... ... ... ...	9	9	0
(3) To the Returning Officer for despatch and receipt of ballot papers of postal voters:—
For every complete 100 postal voters or fraction thereof exceeding one-half on the register ...	£ 1	s. 10	d. 0
Subject to a minimum fee of ... ... ...	1	10	0
(4) To the Returning Officer for all duties appertaining to the counting of the votes in a constituency:—
	£	s.	d.
For the first 50,000 electors ... ... ... ...	25	0	0
For each complete 1,000 electors in excess of 50,000	0	5	0
Provided that the same Officer shall not be paid in respect of the counting of the votes of more than one constituency.
2. In an Uncontested Election.
(1) To the Returning Officer or the Assistant Returning Officer one-third of the appropriate fee mentioned at paragraph 1 (1) above.
(2) To the Returning Officer the appropriate fee mentioned at paragraph 1 (2) above.
NOTE.—The foregoing payments for the services of a Returning Officer in an Election, whether contested or uncontested, shall include any payments made to a Deputy Returning Officer for the discharge of any duties of a Returning Officer which may be assigned to him.
B.—DISBURSEMENTS OF RETURNING OFFICER.
Contested Elections.
(1) Taking the Poll
(a) Each Presiding Officer to include all expenses, other than travelling expenses and subsistence allowances authorised by this Scale ...	£ 3	s. 0	d. 0
(b) One Poll Clerk for each Presiding Officer ...	1	10	0
(c) An additional Clerk at a Polling Station to which more than 600 Dáil electors are assigned ... ... ... ... ...	1	10	0
(d) To provide for emergencies, each Returning Officer may appoint one Presiding Officer in addition to those authorised for the taking of the Poll, provided that in the case where a constituency comprises two or more portions, as mentioned in Part II (d) of this Scale, two such additional Presiding Officers may be appointed. Such Presiding Officer may be paid a retaining fee of £1 15s.,which may be increased to £3 as provided under (B) (1) (a) of the Scale if he is necessarily employed as a Presiding Officer at an Election.
(2) Counting the Votes.
For each complete 100 Electors—
i. Where the number of candidates nominated and not withdrawn exceeds by one or two the number of candidates to be elected ... ...	0	3	10
ii. Where such number exceeds by three, four or five the number of candidates to be elected	0	4	4
iii. Where such number exceeds by six or more the number of candidates to be elected ...	0	4	10
The total sum payable, as ascertained in accordance with the foregoing Scale, may be increased by one-twentieth in respect of each "count" beyond seven (as defined in Rule 12 (9) in the Third Schedule to the Electoral Act, 1923 ), provided that:—
Where, under Rule 7 (2) in that Schedule, the Returning Officer may in one operation exclude two or more lowest candidates, such exclusions, although carried out separately, shall only be regarded as one count in ascertaining the number of "counts" for the purposes of this Order; and
No operation shall be regarded as a "count" unless an actual transfer of papers is required to be made and is made.
The total sum ascertained in accordance with this scale, with an additional sum of £5 for supervision and £2 10s. for calculations and transfer work, shall be divided at the discretion of the Returning Officer between all competent persons appointed to assist him in counting the votes.

(3) Miscellaneous.

(a) Clerical, legal and other assistance employed by the Returning Officer or Deputy or Assistant Returning Officer for the purposes of an election, excluding any services for which payment is otherwise authorised by this Scale, and for all expenses of the Returning Officer not otherwise authorised by this Scale—

For every complete 100 electors or fraction thereof exceeding one-half in the whole constituency or portion thereof;	£	s.	d.
In a county constituency ... ... ...	0	3	6
In a borough constituency ... ... ...	0	3	0
Together with one sum of £30 in respect of assistance as aforesaid employed by the Returning Officer; provided that where a Returning Officer acts for more than one constituency the additional sum payable in respect of each constituency after the first shall not exceed
In the case of a contested election ... ...	20	0	0
In the case of an uncontested election ... ...	10	0	0
(b) For the remuneration of persons engaged in the despatch and receipt of postal voters' ballot papers—
For every complete 100 postal voters or fraction thereof exceeding one-half on the register ...	1	10	0

(c) Returning Officers' or Deputy or Assistant Returning Officers' travelling expenses where necessary to make arrangements for the poll, or otherwise in connection with the conduct of the election.	First-class railway expenses, or where railway service is not available, actual and necessary cost, with subsistence allowance at the rate of 16s. 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 whole Constituency, or the portion thereof as described above.
(d) Traveling 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.	Third-class railway expenses, or, where railway service is not available, actual and necessary cost with subsistence allowance at the rate of 6s. 6d. per night if necessarily detained on account of duty after 10.30 p.m., and 11s. 6d. per night if after 12 midnight.
(e) Travelling expenses of clerical or other assistants employed by the Returning Officer or Deputy or Assistant Returning Officer where necessary to make arrangements for the poll or otherwise in connection with the conduct of the election.	Third-class railway expenses, or, where railway service is not available, actual and necessary cost with subsistence allowance at the rate of 6s. 6d. per night if necessarily detained on account of duty after 10.30 p.m., and 11s. 6d. per night if after 12 midnight.
(f) For the conveyance of polling screens, ballot boxes, ballot papers, etc., in connection with the election.	Actual railway charges, or, where railway service is not available, actual and necessary cost.
(g) For printing and providing ballot papers.	As charged by Stationery Office.

(h) For printing and providing notices, nomination forms, and other documents required in and about the election or poll, and costs of publishing same.	As charged by Stationery Office, or, where such printing is necessarily arranged for by the Returning Officer, actual necessary cost.
(i) For expenses attending the use, or hire when necessary, of any building or room for the purposes of the election.	Actual and necessary cost.
(j) For fitting up a polling station, including the provision and fitting up of voting compartments, and the hire of the necessary furniture where this is not otherwise obtainable.	As charged by the Office of Public Works, or, if the work is done locally, actual and necessary cost.
(k) For every ballot box required to be purchased, hired, or repaired.	As charged by the Office of Public Works, or, if the work is done locally, actual and necessary cost.
(l) For every stamping instrument required to be purchased, hired, altered or repaired.	As charged by the Stationery Office.
(m) For stationery at each Polling Station.	As charged by the Stationery Office.
(n) For copies of the Register, not exceeding five, for each constituency.	Actual cost.
(o) For general stationery, postage and telegrams, and telephone messages.	Actual and necessary cost.

Uncontested Elections.

(5) The whole Election.
(a) For preliminary work undertaken in anticipation of a contest, including clerical and other assistance.	Actual and necessary cost within the above Scale.
(b) For any necessary legal assistance prior to and on the day of nomination.	A fee not exceeding £10 10s.