S.I. No. 47/1978 - Worker Participation (State Enterprises) (General) Regulations, 1978.

S.I. No. 47 of 1978.

WORKER PARTICIPATION (STATE ENTERPRISES) (GENERAL) REGULATIONS, 1978.

I, GENE FITZGERALD, Minister for Labour,in exercise of the powers conferred on me by sections 9 and 27 of the Worker Participation (State Enterprises) Act, 1977 (No. 6 of 1977), and following consultation with the Taoiseach, the Minister for Finance, the Minister for Industry, Commerce and Energy and the Minister for Tourism and Transport and with each of the bodies specified in the Schedule to the said Act hereby make the following regulations:—

1 Citation.

1. These Regulations may be cited as the Worker Participation (State Enterprises) (General) Regulations, 1978.

2 Interpretation.

2. (1) In these Regulations—

"the Act" means the Worker Participation (State Enterprises) Act, 1977 (No. 6 of 1977);

"list of electors" has the meaning assigned to it by Regulation 17;

"notice of election" has the meaning assigned to it by Regulation 8;

"notice of poll" means, in relation to an election, the notice given by the returning officer in pursuance of section 12(4) of the Act;

"polling day" means in relation to an election—

( a ) in case at the election a polling day is fixed pursuant to section 12 of the Act, that day, and

( b ) in case at the election a polling period is so fixed, the day appointed for the purposes of paragraph (b) of section 12(3) of the Act;

"the Postal Voting Regulations" means the Worker Participation (State Enterprises) (Postal Voting) Regulations, 1978;

"qualified body" means a qualified body for the purposes of section 11 of the Act;

"special regulations" means regulations under the Act which apply—

( a ) to elections which relate to a particular designated body or to particular such bodies specified in the regulations, or

( b ) to a particular election or to particular elections so specified.

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

3 Returning officer to prepare list of bodies recognised for collective bargaining negotiotions.

3. A returning officer shall prepare and maintain a list of trade unions or other bodies in relation to which he is satisfied that the body is recognised for the purposes of collective bargaining negotiations by the relevant designated body.

4 Election Office.

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

5 Officers not to act as agents, etc.

5. (1) The returning officer or any person duly authorised by him to act in any way on his behalf at an election shall not be a candidate or an agent of a candidate at the election or promote the candidature of any candidate at the election.

(2) The returning officer shall not authorise to act in any way on his behalf at an election a person who to his knowledge is or has been the agent of a candidate at the election or who to his knowledge has at the election promoted the candidature of a candidate.

6 General provisions as to agents.

6. (1) Each candidate at an election may appoint agents to be present his behalf as regards the election—

( a ) in polling places for the purpose of assisting in 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 doing such thing.

7 Publication of notices.

7. 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.

8 Notice of election.

8. The returning officer at an election shall, not later than seventy days before the nomination day, give, in such manner as he 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 hours during which and the place or places at which the relevant list of electors may be inspected pursuant to section 10(5) of the Act or Regulation 17 of these Regulations;

( c ) the times, manner in which and places at which nomination papers are available;

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

( e ) the location of the office appointed under Regulation 4 of these Regulations;

( f ) the manner in which and time within which applications to vote by post should be made to the returning officer, should the election be adjourned for the taking of a poll, and the circumstances in which the applications will be allowed;

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

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

9 Nomination of candidates.

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

(2) At an election a person shall not be entitled to have his name entered on a ballot paper unless he has been duly nominated and his 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.

10 Establishment of identity.

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

11 Times for receiving completed nominations.

11. (1) Subject to Regulation 8 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 in the notice of election.

(3) At an election a person proposed for nomination and one person representing the qualified 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.

12 Ruling on the validity of nomination papers.

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

(2) The returning officer may object to the description of a candidate in a nomination paper if, in his opinion, the description is incorrect, insufficient to identify a candidate or unnecessarily long. Where the returning officer so objects he shall allow the candidate or a person who he is satisfied is authorised to represent a qualified 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 thinks fit, after consultation with the candidate, and with such representative if present, or he may rule that the nomination is invalid as not being properly made out.

(3) When the returning officer has ruled on the validity of a nomination under Section 11(4) of the Act, he shall put a note of his decision on the nomination paper and shall sign the note. If he rules that the paper is invalid, he shall include in such note a statement of the reasons for his decision.

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

13 Publication of nominations.

13. (1) The returning officer shall, after he has ruled on the nomination papers, cause a notice to be displayed outside his office stating the names and descriptions of the persons validly nominated at an election and the names of the qualified 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 considers appropriate the list of candidates validly nominated at an election.

14 Withdrawal or death of candidate.

14. (1) A candidate at an election may withdraw his candidature by a notice of withdrawal signed by him and delivered in person by him, or by a representative of the relevant qualified body duly authorised by him 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 candidature but that neither the candidate nor a duly authorised representative of the relevant qualified 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 to the returning officer.

(3) Where, after the receipt of nominations at an election, the returning officer becomes aware that a candidate standing nominated has died, he shall, in such manner as he 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.

15 Publication of withdrawal.

15. A returning officer shall as soon as may be after delivery to him of a notice of withdrawal under Regulation 14 of these Regulations give notice of the withdrawal by whatever means he considers appropriate.

16 Support of nomination of candidates by qualified bodies.

16. (1) A notice under Section 11(5) of the Act by a qualified 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 directive contained in regulation 19(2) of these Regulations.

17 List of electors.

17. (1) The returning officer shall prepare and maintain a list of persons entitled to vote at the relevant election (which list is in these Regulations referred to as the "list of electors".)

(2) The returning officer may require an officer of the designated body to provide such information as the returning officer may reasonably require to enable him to comply with the requirement of paragraph (1) of this Regulation 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 employment, the requirement shall be complied with.

(3) 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.

(4) Subject to paragraph (5) of this Regulation, the names on the list of electors shall be arranged alphabetically in order of surnames, of other names or initials and shall be numbered consecutively.

(5) Subject to the agreement of—

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

( b ) in case in relation to a designated body there are for the time being more than two listed 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 elections.

(6) 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 to apply to have his name entered on the list of electors in accordance with the Act.

(7) A list of electors may be inspected pursuant to section 10(5) of the Act, 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 8 of these Regulations by the returning officer in the notice of election.

(8) In this Regulation "listed bodies" means trade unions or other bodies appearing in the list referred to in Regulation 3 of these Regulations.

18 Notice of poll.

18. Where the returning officer adjourns an election for the taking of a poll, he shall, as soon as practicable, and in such manner as he 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 considers appropriate.

19 Ballot papers.

19. (1) The ballot of every person who is entitled to vote at an election shall consist of a paper (in these Regulations called a "ballot paper") and such papers shall be in the form set out 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 other name as appearing on his nomination paper, and the name or initials of any qualified body which nominated him as so appearing shall be printed in smaller characters and, if it be the case, the name or initials of any qualified body which supports his 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 descriptions 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 paper 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.

20 Ballot boxes.

20. 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.

21 Polling Places.

21. (1) Subject to the provisions of any special regulations, 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 considers relevant.

(2) The returning officer shall give notice by such means as he 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 considers appropriate and so arranged that, in the returning officer's opinion, the privacy of voters is assured;

( b ) such furniture as he considers necessary;

( c ) a sufficient number of ballot boxes;

( d ) such number of ballot papers as he considers necessary;

( 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 considers necessary to enable voters to mark their ballot papers;

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

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

22 Appointment of presiding officers and poll clerks.

22. (1) At an election the returning officer shall appoint a presiding officer to preside at each polling place and may also appoint a poll clerk to assist each presiding officer.

(2) Any appointment under this Regulation 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.

(3) 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 a qualified body, permit the candidate or person so authorised to inspect the list of persons to whom he has offered, or proposes to offer, appointments as presiding officers or poll clerks.

(4) Subject to any direction of the returning officer, a presiding officer may do, by a clerk appointed under these Regulations to assist him, anything which he is required or authorised to do by these Regulations.

(5) 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 had been appointed a presiding officer.

(6) A presiding officer shall keep order at his 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 24 of these Regulations to be present in the polling place.

23 Opening of poll.

23. Immediately before the commencement of the poll the presiding officer at each polling place shall show each ballot box in his 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 its being opened without breaking the seal, and shall place it in his view for the receipt of ballot papers, and keep it so locked, sealed and in view during the poll.

24 Admission to polling place.

24. (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 25 of these Regulations, a person shall not be admitted to vote at any polling place other than that to which he is allotted.

25 Voting by certain persons employed by the returning officer.

25. 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 employment prevent him from voting either by post as provided for by the Postal Voting Regulations or at the polling place to which he is allotted, the returning officer may certify that he 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 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.

26 Procedure for voting.

26. (1) Subject to Regulation 25 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 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 vote on the ballot paper and fold the paper so that his vote is concealed. He shall then return to the presiding officer's table and put the folded paper into the ballot box. He shall vote without undue delay and shall leave the polling place as soon as he has put his ballot paper into the ballot box.

27 Spoilt ballot papers.

27. At an election a voter who has inadvertently spoilt his 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 shall retain the spoilt ballot paper and counterfoil and deal with them in accordance with Regulation 29 of these Regulations.

28 Questions and oath to voters at election.

28. (1) At an election a presiding officer may, and if required by a candidate or candidate's agent present in the polling place shall, put to any person applying for a ballot paper at the time of his 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       (designated body 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 one year's continuous service with (designated body to which the election relates) on       (date of stated day)? 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.

(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 application, but not afterwards, an oath or (in the case of any person who objects to taking an oath on the ground that he has no religious belief or that taking an oath is contrary to his 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           (designated body to which the election relates) and that I have not already voted at this election, and that I have attained the age of 18 years and have had at least one year's continuous service with            (such designated body) 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.

(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.

29 Close of poll.

29. (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 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;

( e ) any certificates given by the returning officer under Regulation 25 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.

30 Place for the counting of votes.

30. At an election the returning officer shall appoint a place at which he 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.

31 Attendance at the counting of votes.

31. (1) Not less than two days before the polling day the returning officer shall give notice by whatever method he considers appropriate of the time and place at which he 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's assistants and clerks 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 can give them consistent with the orderly conduct of the proceedings.

32 Preliminary proceedings.

32. (1) Subject to the provisions of any special regulations, 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 30 of these Regulations, the returning officer shall, in the presence of the candidates' agents, open the ballot boxes including ballot boxes provided under Regulation 15(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 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.

33 Times for the counting of votes.

33. The returning officer shall, as far as is practicable, at an election proceed with the counting of the votes allowing time only for refreshment, excluding such hours as he, 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 seal and shall take due precautions for the security of the said boxes and documents.

34 Conduct of the counting of votes.

34. (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.

35 Return of persons elected.

35. (1) When pursuant to section 12(5)(b) of the Act the returning officer informs the appropriate Minister of the names of any candidates elected at an election he shall at the same time send a copy of the notification to the designated body 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 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 person who is the appropriate Minister and to the designated body to which the election relates.

36 Retention and disposal of documents.

36. 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 disposed of in such manner as the Minister shall direct.

37 Costs of election etc.

37. (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 Chairman of the designated body to which the election relates and to the appropriate Minister.

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

(3) Any person who claims to be entitled by virtue of section 27 of the Act to the payment of moneys shall present an account to the Chairman of the designated body 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 designated body concerned may refer the account to a judge of the Circuit Court having jurisdiction in the place where the body's principal or registered office is situate for the taxation of the account and such judge shall tax such account and determine the amount payable thereunder.

Regulation 9

FIRST SCHEDULE

WORKER PARTICIPATION (STATE ENTERPRISES) ACT, 1977

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).

Designated Body 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/a qualified 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 designated body:

Signature of Candidate: ............................................................ ............................................................ .

Date: ............................................................ ..............

Part 2. I/We believe that the above mentioned-candidate is not disqualified for election.

Signature ............................................................ ............................................................ ..................

Name or initials of qualified body by whom authorised to sign nomination paper ............................................................ ............................................................ .................................

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

Signature ............................................................ ............................................................ ...................

Name or initials of qualified body by whom authorised to sign nomination paper

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

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

Signature ............................................................ ............................................................ ...................

Name or initials of qualified body by whom authorised to sign nomination paper

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

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

(Note: Name or initials of qualified bodies must correspond with those in column (4) above. The back of this form may also be used for signatures).

Part 3. (Note: For completion by returning officer)   No. ...................................................

 (to be inserted by returning officer)

I rule that this nomination paper is valid/invalid because ............................................................ ......

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

Signature: ............................................................ ............................................................ .............

Returning Officer

Date: ............................................................ ............................................................ ....................

Part 4. (To be detached and handed or delivered to candidate, after completion by returning officer)

I have ruled that nomination paper No ............... of ....................... (insert name of candidate) for election under the Worker Participation (State Enterprises) Act, 1977 , being held in ......................... in relation to ............... (state designated body to which election relates) is valid/invalid because .........................

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

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

Signature: ............................................................ ............................................................ .................

Returning Officer

Date: ............................................................ ............................................................ ........................

Regulation 16

SECOND SCHEDULE

WORKER PARTICIPATION (STATE ENTERPRISES) ACT, 1977

NOTIFICATION INDICATING SUPPORT OF NOMINATION OF CANDIDATE

Designated body to which election relates ............................................................ ....................................................

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 qualified body mentioned at paragraph 3 below wish to notify you that the said qualified body, with the agreement of the body/bodies referred to in column (4) of paragraph 2 below, supports the nomination of the under-mentioned candidate at the election under the said Act being held in ........................................in relation to the above-mentioned designated body.

3. Signature ............................................................ ............................................................ ....

Name or initials of qualified body supporting nomination .........................................................

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

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

4. (To be detached and handed or delivered to the representative of the qualified body mentioned at paragraph 3 above after completion by the returning officer).

I have received a notification that the............................................................ ........................... (insert name of qualified body) supports the nomination of ....................................................... (insert candidate's name) at the election under the Worker Participation (State Enterprises) Act, 1977 , being held in ......................................... in relation to ............................................................ ............ (state designated body to which election relates).

Signature: ............................................................ ............................................................ .............

Returning Officer.

Date: ............................................................ ............................................................ ....................

Regulation 19

THIRD SCHEDULE

WORKER PARTICIPATION (STATE ENTERPRISES) ACT, 1977

BALLOT PAPER

Designated Body to which election relates: ............................................................ ..............................

Instructions

1. Write 1. beside the name of the candidate of your first choice, 2. beside your second choice and so on.

2. Fold the paper to conceal your vote and put it in the ballot box.

(Back of Paper)

Counterfoil

No............................... No...............................

Regulations 32 and 34

FOURTH SCHEDULE

RULES FOR COUNTING VOTES

Definitions.

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 purpose of the counting of the votes but without prejudice to the declaration of the 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 excluding 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 papers.

2.—(1) Any ballot paper:—

( a ) on which the figure 1 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 1 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 article is not to be counted. The returning officer shall prepare a statement showing the number of ballot papers rejected by him under each of the sub-paragraphs (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 32 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 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, that 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 34(3) of these Regulations, shall be described as non-transferable papers not effective and the remaining non-transferable papers, also arranged as 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 candidate.

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 34(3) of these Regulations, shall be described as non-transferable papers not effective.

(2) Where the total of the votes of the two or more lowest candidates together with any surplus 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.

(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, that 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 any error discovered in the recount. The returning officer may also at his 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 discretion papers in any case in which he 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 his 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.

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.

Decisions of returning officer.

11.—The decision of the returning officer, whether expressed or implied by his 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 35

FIFTH SCHEDULE

WORKER PARTICIPATION (STATE ENTERPRISES) ACT, 1977

RESULT OF ELECTION

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

GIVEN under my Official Seal, this 27th day of February, 1978.

GENE FITZGERALD,

Minister for Labour.

EXPLANATORY NOTE

These regulations deal with the conduct of elections held under the Worker Participation (State Enterprises) Act, 1977 .