S.I. No. 142/1938 - Returning Officers' (Borough and County Constituencies) Bye-Election Charges Order, 1938.

STATUTORY RULES AND ORDERS. 1938. No. 142.

RETURNING OFFICERS' (BOROUGH AND COUNTY CONSTITUENCIES) BYE-ELECTION CHARGES ORDER, 1938.

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 purpose of or in connection with the election:

AND WHEREAS it is inter alia enacted by sub-section (5) of the said section 25 of the said Electoral Act, 1923 , that the Minister for Finance shall prescribe a scale of maximum charges for the purposes of the said section 25 and may revise the scale as and when he thinks fit:

AND WHEREAS a scale of maximum charges for returning officers at a bye-election of a member or members to Dáil Eireann was, for the purposes of the said section 25 of the said Electoral Act, 1923 , prescribed by the Minister for Finance on the 24th day of August, 1927, in pursuance of the powers in that behalf conferred on the said Minister by the said sub-section (5) of the said section 25 of the said Electoral Act, 1923 :

AND WHEREAS it is expedient that the said scale of maximum charges so prescribed as aforesaid 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) Bye-Election Charges Order, 1938.

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

3. The scale of maximum charges for returning officers at a bye-election of a member or members to Dáil Eireann prescribed for the purposes of section 25 of the Electoral Act, 1923 (No. 12 of 1923), by the Minister for Finance on the 24th day of August, 1927, is hereby revoked.

4. The scale of maximum charges for the purposes of section 25 of the Electoral Act, 1923 (No. 12 of 1923), to be paid to returning officers for borough constituencies and county constituencies respectively in respect of the conduct of a bye-election shall be the scale set forth in the Schedule hereto.

SCHEDULE.

SCALE OF MAXIMUM CHARGES.

In this scale unless the context otherwise requires—

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

the expression "borough constituency" means any constituency named in Part I of the said Schedule, and

the expression "county constituency" means any constituency named in Part II of the said Schedule.

The returning officer shall be entitled in respect of the conduct of a bye-election of a member or members to Dáil Eireann for a borough constituency or a county constituency to his reasonable charges, not exceeding the sums set forth in the scale of Returning Officers' Charges made on the 17th day of June, 1937, provided that the charges for disbursement are in no case to exceed the sums actually and necessarily paid or payable, and that the fees and charges shall not exceed the sums hereinafter set forth in lieu of the sums set forth in A 1 (1), A 1 (2), A 1 (4), and B (2) respectively of Part II of the aforesaid scale of the 17th day of June, 1937, viz.:—

(i) To the returning officer or the assistant returning officer for conducting the bye-election and generally performing all the duties which a returning officer is required by law to perform:—

As respects a borough constituency—

For each complete 100 of the electors for the constituency—

The provision under A 1 (1) in the Returning Officers' Borough and County Constituencies) Charges Order, 1937, that the borough constituences of North-East Dublin, North-West Dublin and South Dublin shall be deemed to be a single borough constituency shall not apply for the purposes of the foregoing provision of this scale.

(ii) To the returning Officer for receiving nominations, withdrawals, making returns to writs, etc.:—

(iii) To the returning officer for all duties appertaining to the counting of the votes in a constituency:—

The total sum payable to a returning officer in pursuance of the provision of the foregoing sub-paragraph (iv) for and in respect of the counting of votes may be increased by one-fifth if there is more than one count, and by two-fifths if there are more than two counts (as defined in Rule 12 (9) in the Third Schedule to the Electoral Act, 1923 ).

For the purposes of this scale where under any of the rules in the last-mentioned Schedule the returning officer—

(a) transfers a surplus consisting only of original votes such transfer shall be reckoned as two counts; or

(b) excludes in one operation two or more lowest candidates such exclusions shall only be reckoned as one count; or

(c) excludes a candidate the number of whose votes are less than one-third of the quota such exclusion shall not reckon as a count.

No operation shall be reckoned as a "Count" unless an actual transfer of papers is required to be made and is made.

Given under the Official Seal of the Minister for

Finance, this 24th day of May, in the year

one thousand nine hundred and thirty-eight.

(Signed) J. J. McELLIGOTT,

Secretary,

Department of Finance.