S.I. No. 21/1947 - Electricity Supply Board (Appointment of Member of Tribunal) Regulations, 1947.

STATUTORY RULES AND ORDERS. 1947. No. 21.

ELECTRICITY SUPPLY BOARD (APPOINTMENT OF MEMBER OF TRIBUNAL) REGULATIONS, 1947.

I, SEÁN F. LEMASS, Minister for Industry and Commerce, in exercise of the power conferred on me by section 9 of the Electricity Supply Board (Superannuation) Act, 1942 (No. 17 of 1942), hereby make the following Regulations :

1 Short title.

1. These Regulations may be cited as the Electricity Supply Board (Appointment of Member of Tribunal) Regulations, 1947.

2 Principal Regulations.

2. (1) In these Regulations the expression " the Principal Regulations " means the Electricity Supply Board (Appointment of Member of Tribunal) Regulations, 1943 ( S. R. & O. No. 220 of 1943 ).

(2) These Regulations shall be construed as one with the Principal Regulations.

3 Additional circumstances in which election is to be held.

3. Apart from the circumstances mentioned in Article 3 of the Principal Regulations, it shall also be necessary to hold an election whenever the office of the member of the Tribunal nominated and appointed by the persons for the time being in the employment of the Board who are manual workers is about to become vacant, to elect a person to be nominated and appointed to fill such vacancy.

4 Form of nomination paper.

4. The form of nomination paper set out in the First Schedule hereto is hereby substituted for form No. 1 in the First Schedule to the Principal Regulations.

5 Conduct of election.

5. The additional rules which follow shall be observed in the conduct of an election.

6 Official mark on ballot paper.

6. (1) Each ballot paper shall at the time of issue be marked on both sides with an official mark either stamped or perforated.

(2) A ballot paper which does not bear the official mark shall be invalid and not counted at the election.

7 Issue of ballot papers : additional rule.

7. The returning officer, in issuing a ballot paper to an elector, shall mark the elector's number on the electoral roll, or cause it to be marked, upon a form of declaration of identity and place the form in the outer envelope, addressed to the elector, together with the covering envelope and the ballot paper.

8 Form of declaration of identity.

8. A declaration of identity shall be in the form set out in the Second Schedule hereto.

9 Power to re-address voting papers.

9. Where an outer envelope containing a ballot paper and the other necessary papers is returned to the returning officer as not having been delivered to an elector, the returning officer may, if he is satisfied as to the elector's correct address, re-address the envelope accordingly.

10 Counting of votes : additional rules

10. (1) When the returning officer has opened a covering envelope for the purpose of counting the votes he shall do the following additional things :

(a) examine the declaration of identity therein and compare the number on the declaration with the number on the covering envelope ;

(b) If the numbers do not agree or if he is not satisfied that the declaration has been duly completed and made, he shall endorse the declaration " vote rejected " and attach to it the covering envelope and ballot paper ;

(c) he shall endorse " rejected " any ballot paper which is not accompanied by a declaration of identity and any declaration of identity which is not accompanied by a ballot paper.

11 Objections to rejection of declaration of identity.

11. The returning officer shall show any declaration of identity which he proposes to reject on the ground that it has not been properly completed and made to the candidates and nominees present and, if an objection is made by any of them to his decision, he shall add to the endorsement the words " rejection objected to ".

12 Keeping of rejected declarations of identity.

12. The returning officer shall keep all rejected declarations of identity and attached documents separate from other documents.

13 Returning officer's certificate.

13. The returning officer's certificate of the result of the poll shall be prepared and signed in duplicate, and the returning officer shall send one duplicate to the Minister and the other to the Board and not copies as directed by Article 16 of the Principal Regulations.

14 Date on which appointment of member and panel of substitutes takes effect.

14. If the election is necessary owing to the fact that a vacancy is about to occur, the declarations of nomination and appointment, to be made by the returning officer under paragraph (b) of Article 16 of the Principal Regulations, shall take effect when the vacancy occurs, or on the date of the declarations, whichever is the later.

FIRST SCHEDULE.

I.

FORM OF NOMINATION PAPER.

To ............................................................ ............................................................ ..............................................

Returning officer at the election of a person to be nominated and appointed to be a member of the Tribunal (or to be a person to act temporarily in the place of a member of the Tribunal), established (or, to be established) under the Electricity Supply Board (Superannuation) Act, 1942 .

We—

(a) ............................................................ ............................................................ .................. proposer,

of............................................................ ............................................................ ................

(b) ............................................................ ............................................................ .................. seconder,

of ............................................................ ............................................................ ................

(c) ............................................................ ............................................................ .................. seconder,

of............................................................ ............................................................ ............................

hereby nominate............................................................ ............................................................ .........................

of............................................................ ............................................................ ...................................................

to be a candidate at the above-mentioned election.

(Signed) ............................................................ ............... proposer,

............................................................ ............... seconder,

............................................................ ............... seconder.

Note.—The full name (placing the surname Last), address, and description of the candidate and of the proposer and each of the seconders must be stated in this Form. This Form must be signed by the proposer and by each of the seconders and must, when completed, be delivered to.................................... Returning Officer, at............................................................ ....so as to reach him not later than the.........day of...................................., 19........., at 12 o'clock noon. It may be tendered to him personally or be sent to him by pre-paid post.

SECOND SCHEDULE.

FORM OF DECLARATION OF IDENTITY.

Front.

Covering Envelope...............

Declaration of Identity.

I hereby declare that I am the person to whom the ballot paper, covering envelope numbered as above (addressed to the Returning Officer) and outer envelope in which they were enclosed (all of which I now produce) were sent.

Voter's Signature............................................................ ...............

The above-named, who is personally known to me, has produced the ballot paper, and the envelopes above referred to, and has signed the above declaration in my presence.

Witness's Signature ............................................................ ............

Address ............................................................ ...........................

............................................................ ...........................

Date ............................................................ ............................

See instructions on the back of this form.

Back.

INSTRUCTIONS TO THE VOTER.

1. Before marking the accompanying ballot paper the voter must produce

(i) the ballot paper ;

(ii) the covering envelope addressed to the Returning Officer showing the number thereon ;

(iii) this paper, and

(iv) the outer envelope in which he has received these papers,

to some person to whom the voter is known, who will witness the declaration of identity (see other side).

2. The voter must sign the declaration of identity in the presence of the witness.

3. In order to vote, the voter must place the figure 1 in the space on the left-hand side of the ballot paper opposite the name of the candidate for whom he votes, that is to say, the candidate he likes best. He may also place the figure 2 in the space on the left-hand side of the ballot paper opposite to the name of the candidate he likes second best, and may place the figure 3 similarly opposite to the name of the candidate he likes third best, and so on. If the voter does not place the figure 1 on his ballot paper or places the figure 1 opposite to more than one name, or places the figure 1 and some other figure opposite to the same name or places any mark on the paper by which he may afterwards be identified his ballot paper will be void and will not be counted. The ballot paper must not be marked with a cross. The voter should not allow any person to see how he has voted.

4. Immediately after voting, the voter should place the marked ballot paper and this paper in the covering envelope addressed to the returning officer, close the envelope and post it.

GIVEN under my Official Seal, this 30th day of January, 1947.

(Signed) SEAN F. LEMASS.