S.I. No. 190/1964 - Elections of Conservators of Fisheries Regulations, 1964.

S.I. No. 190 of 1964.

ELECTIONS OF CONSERVATORS OF FISHERIES REGULATIONS, 1964.

I, BRIAN Ó LUINEACHÁIN, Parliamentary Secretary to the Minister for Lands, in exercise of the powers conferred on me by subsection (5) of section 27 (as amended by section 6 of the Fisheries (Amendment) Act, 1962 (No. 31 of 1962)) of the Fisheries (Consolidation) Act, 1959 (No. 14 of 1959), and the Fisheries (Delegation of Ministerial Functions) Orders, 1961 and 1963, hereby make the following regulations :

1. These Regulations may be cited as the Elections of Conservators of Fisheries Regulations, 1964.

2. In these Regulations—

" the Acts " means the Fisheries Acts, 1959 to 1964 ;

" elector " means, in relation to an electoral division in any election year, a person entitled to vote in the election of conservators to be held in that year for that electoral division and " electorate " shall be construed accordingly ;

" the Minister " means the Minister for Lands.

3. (1) In an election year any elector in an electoral division may nominate a person or persons (including himself) as a candidate for election as a conservator at the election of conservators in that year for that division, but shall not nominate a number of candidates that is greater than the number of conservators that may be elected by the electorate of that electoral division and, if the number of candidates nominated by the elector is greater than the number of conservators that may be elected, the nominations shall be void.

(2) A nomination in any election year shall be effected by sending a nomination paper duly completed which has been signed by—

(a) the person making the nomination in the presence of a witness,

(b) the witness, and

by prepaid registered post to the clerk of the board of conservators of whose fishery district the electoral division forms part so as to reach him, or handing it to him, on or before the latest date fixed by the board for the receipt of nominations for election as conservators in respect of that electoral division in that election year.

(3) A nomination paper shall be in the form contained in the First Schedule to these Regulations or in a form to the like effect.

(4) A person shall not be eligible for election as a conservator unless (in addition to satisfying the requirements of section 25 of the Fisheries (Consolidation) Act, 1959 (No. 14 of 1959)) he has been duly nominated in accordance with the provisions of these Regulations.

4. A board of conservators shall, in relation to each electoral divison of its fishery district, fix in each election year—

(a) a date which shall be the latest date for the receipt of nominations for election as conservators by the electorate of that electoral division in that election year (being a date which shall be not less than 14 days after the date on which a notice under Regulation 5 of these Regulations, is published by the board), and

(b) a date in the month of October which shall be the latest date for the receipt of completed voting papers (being a date which shall be not less than 10 days after the date on which the issuing of the voting papers is completed).

5. A board of conservators shall in each election year notify its electorate by means of a notice or notices published in a newspaper circulating in its fishery district—

(a) that an election of conservators for each electoral division of its fishery district is being held in that year,

(b) that forms on which nominations for election to the board of conservators may be made may be obtained from the clerk of the board,

(c) of the latest date for the receipt of the nominations aforesaid, the latest date for the return of completed voting papers and the name and address of the clerk aforesaid.

6. Where, as respects any electoral division, the number of nominations for election to the board of conservators for the fishery district of which the division forms part exceeds the number of conservators to be elected—

(a) the clerk of the board of conservators shall send to each elector a voting paper (which shall be in the form contained in the Second Schedule to these Regulations or in a form to the like effect) containing a list, in alphabetical order of the surnames, and, in the case of identity of surnames, of the other names, of the candidates duly nominated in accordance with these Regulations,

(b) an elector wishing to vote shall do so by inserting on the voting paper against the name of every candidate for whom he intends to vote the number of votes (not exceeding in the whole the number of votes to which he is entitled) that he intends to give the candidate,

(c) an elector may give all his votes to one candidate or distribute them among such of the candidates (not exceeding the number to be elected) as he thinks fit,

(d) if an elector votes for more candidates than the number to be elected or inserts against the name of a candidate a number of votes exceeding the number to which the elector is entitled or inserts against the names of candidates numbers of votes which together exceed the number to which the elector is entitled, the voting paper of the elector shall be void and shall not be counted,

(e) voting papers, when completed, shall be returned by prepaid post or handed to the clerk aforesaid so as to reach him on or before the latest date for the return of completed voting papers,

(f) not later than four days after the latest date for the return of completed voting papers the clerk aforesaid shall, in the presence of two witnesses, ascertain the number of valid votes given for each candidate and the candidates, not exceeding the number to be elected, who obtain the greatest number of valid votes shall be deemed to be elected,

(g) if an equal number of votes has been given for a number of candidates that is greater than the number to be elected or remaining to be elected by that electorate, the clerk aforesaid shall, in the presence of two witnesses, determine by lot which of such candidates is or are elected, and the candidate or candidates so determined shall be deemed to be duly elected,

(h) if the number of persons nominated for election is equal to or less than the number of persons to be elected by that electorate, the persons nominated shall be deemed to be elected and it shall not be necessary to issue voting papers,

(i) the clerk aforesaid shall, as soon as may be after ascertaining the number of votes given to each candidate at the election—

(I) send to each person elected a certificate of his election, and

(II) send to the Minister a return showing the name and address of each conservator elected.

7. The clerk of a board of conservators shall retain and preserve for not less than six months after the latest date for the return of completed voting papers at an election the voting papers used at the election and the nomination papers relating to the election.

8.—(1) The manner in which an elector votes at an election shall not be disclosed by a person other than the elector.

(2) A person who contravenes this Regulation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding ten pounds.

9. If any difficulty arises with respect to an election of conservators for an electoral division, being a difficulty for which provision is not made in the Acts or in these Regulations, the board of conservators of whose fishery district the electoral division forms part may, with the consent of the Minister, take such steps, not inconsistent with the Acts or these Regulations, as appear to it to be necessary or expedient for resolving the difficulty.

10. A board of conservators may, with the consent of the Minister, appoint a person or persons to act in all matters relating to an election of conservators to the board in the place of the clerk of the board and for that purpose to perform the functions, exercise the powers and carry out the duties of the clerk of the board in relation to those matters and references in these Regulations to the clerk of a board of conservators shall be construed as including a reference to a person or persons appointed under this Regulation.

11. The Elections of Conservators of Fisheries Regulations, 1940 ( S. R. & O. No. 240 of 1940 ), are hereby revoked.

12. Section 27 of the Fisheries (Consolidation) Act, 1959 (No. 14 of 1959), shall, to the extent that it is inconsistent with the provisions of these Regulations, be deemed to be amended by these Regulations and shall be construed accordingly.

FIRST SCHEDULE.

FISHERIES ACTS, 1959 to 1964.

ELECTIONS OF CONSERVATORS OF FISHERIES REGULATIONS, 1964

No. or District.

Electoral Division ............................................................ ............................................................ ..........

Number of conservators to be elected............................................................ ....................................

NOMINATION PAPER.

I............................................................ ....................of............................................................ ................................... being the holder of a*............................................................ Licence ; Licence Number.................

the rated occupier of a fishery situate at............................................................ .............................................. in the above-mentioned electoral division hereby nominate

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

for election.

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

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

Occupation ............................................................ ................. Date ............................................................ ...........

I hereby signify my willingness to act, if elected, as member of the...............................Board of Conservators.

Signature	Date
............................................................ ........................	............................................................ .........................
............................................................ ........................	............................................................ .........................
............................................................ ........................	............................................................ .........................
............................................................ ........................	............................................................ .........................
............................................................ ........................	............................................................ .........................
............................................................ ........................	............................................................ .........................

N.B.—The Nomination Paper shall be void if the number of candidates nominated is greater than the number of conservators that may be elected.

The nomination paper should be completed and returned to

so as to reach him not later than

*State fishing engine.

Serial No.

SECOND SCHEDULE.

FISHERIES ACTS, 1959 to 1964.

ELECTIONS OF CONSERVATORS OF FISHERIES REGULATIONS, 1964.

No. or District.

Electoral Division ............................................................ ............................................................ ..........

Number of conservators to be elected............................................................ ...................................

VOTING PAPER

Names and Addresses of Candidates	Number of votes cast for each candidate

N.B.—The electoral should mark in the right-hand column against the name of every candidates for whom he intends to vote the number of votes that he intends to give the candidate.

The Voting Paper shall be Void if the elector records more votes than he is entitled to, or votes for more candidates than there are conservators to be elected.

The voting paper should be completed and returned to....................................................... so as to reach him not later than the.................. day of..............................

GIVEN under my hand this 27th day of July, 1964.

BRIAN Ó LUINEACHÁIN,

Parliamentary Secretary to the Minister for Lands.

EXPLANATORY NOTE.

These Regulations provide for postal nominations and postal voting for elections to boards of conservators.