S.I. No. 361/1981 - Elections To Regional Fisheries Boards Regulations, 1981.

I, TOM FITZPATRICK, Minister for Fisheries and Forestry, in exercise of the powers conferred on me by section 12 (3) of the Fisheries Act, 1980 (No. 1 of 1980), and the Fisheries (Transfer of Departmental Administration and Ministerial Functions) Order, 1977 ( S.I. No. 30 of 1977 ) (as adapted by the Fisheries (Alteration of Name of Department and Title of Minister) Order, 1978 ( S.I. No. 195 of 1978 )), hereby make the following regulations:

1. The Regulations may be cited as the Elections to Regional Fisheries Boards Regulations, 1981.

2. These Regulations shall come into operation on the 20th day of October, 1981.

3. In these Regulations:—

“the Act of 1980” means the Fisheries Act, 1980 (No. 1 of 1980);

“the Principal Act” means the Fisheries (Consolidation) Act, 1959 (No. 14 of 1959);

“regional board” means a regional fisheries board for an area as defined in Article 3(1) of the Fisheries Regions Order, 1980 ( S.I. No. 324 of 1980 );

“the Secretary” means the Secretary of the Department of Fisheries and Forestry.

4. The elections of members of regional boards shall be held on the third Tuesday in December (in these Regulations referred to as “the election date”) in each election year.

5. A person who is the rated occupier of a fishery shall be entitled to vote at an election of members of the regional board within whose fisheries region the fishery is situate for a candidate of that class, if, but only if, he has paid the fishery rate in respect thereof for the fishery year immediately preceding the fishery year in which the election takes place.

6. (1) The Chief Officer of a regional board shall be the returning officer for the purposes of these Regulations.

(2) If the office of Chief Officer is vacant or if, for any reason, the Chier Officer is unable to act as the returning officer, a person appointed by the appropriate regional board shall be the returning officer for the purpose of these Regulations.

7. (1) The returning officer shall cause a notice to be published in one or more of the newspapers circulating in the fisheries region of the appropriate regional board—

(a) inviting nominations of candidates for election as members of that regional board and stating the time and the latest day in the month of November fixed by these Regulations for the receipt of nominations and the place where nomination forms may be obtained,

(b) stating that a ballot paper shall be sent to each elector at least ten days before the election date, and

(c) specifying the election date and the latest time on that date for the receipt of completed ballot papers.

(2) The nomination form shall be in the form set out in the First Schedule to these Regulations.

(3) Each nomination form shall be signed by each person making the nomination and by the nominee.

(4) Each completed nomination form shall be delivered by hand or sent by prepaid registered post to the returning officer at the office of the appropriate regional board so as to reach him not later than 12.00 noon on the third Wednesday in November of each election year.

8. (1) A person who is a member of a class of candidate specified in column (2) of the Second Schedule to these Regulations at any reference number shall be entitled to be nominated as a candidate of one class, and one class only, at an election to which these Regulations apply.

(2) An agent duly appointed under section 328 of the Principal Act by a person who is the rated occupier of a fishery and who has, as regards the fishery, for the time being complied with the requirements regarding payment of fishery rates contained in these Regulations, may be nominated as a candidate or may nominate a candidate at a regional board election in accordance with these Regulations.

(3) The class of candidate specified in column (2) of the Second Schedule to these Regulations at any reference number shall be nominated by the class of electorate specified at the same reference number in column (2) of the Second Schedule to the Fisheries Regions Order, 1980.

(4) (a) Subject to subparagraph (b) of this paragraph, a person nominated as a candidate for election shall be nominated by at least five persons who are entitled to vote in the class of electorate to which the nomination relates, and a candidate for election may be one of the five persons who nominate him for that election.

(b) A person nominated as a candidate for election as a class of candidate specified in column (2) of the Second Schedule to these Regulations at reference number 5 shall be nominated by at least one person who is entitled to vote in the class of electorate to which the nomination relates, and a candidate for election may nominate himself.

(5) A person shall not be eligible for election as a member of a regional board unless (in addition to satisfying the qualification for an elected member of such board specified in section 14 of the Act of 1980) he has been duly nominated in accordance with these Regulations.

9. (1) A candidate at any election may, at any time before the latest time for receipt of nominations, withdraw his candidature by furnishing notice to that effect to the returning officer signed by the candidate in the presence of a witness who shall sign it and who shall be a clergyman, a Peace Commissioner, or a member of the Garda Síochána not below the rank of sergeant.

(2) If a returning officer, before the date of issue of the ballot papers, receives notice that a candidate who has been validly nominated has died, such candidate shall be deemed never to have been nominated.

(3) If, before the close of the ballot, the returning officer receives notice of the death of a candidate, any votes cast for that candidate shall be disallowed.

10. (1) The returning officer shall scrutinise each nomination form and shall accept those which appear to him to be valid and reject as invalid those which do not comply with the requirements of these Regulations and his decision shall be final.

(2) If, in respect of any class of candidate, the number of valid nominations is equal to or less than the number of elected members to be elected by that class of electorate, the person or persons nominated shall be deemed to be elected.

(3) If, in respect of any class of candidate, the number of valid nominations exceeds the number of elected members to be elected by that class of electorate, the returning officer shall arrange for the holding of an election by the class of electorate to which the nominations relate.

11. (1) For the purpose of an election, the returning officer shall send by prepaid registered post to each elector, at least ten days before the election date, a ballot paper in the form specified in the Third Schedule to these Regulations and sealed with the seal of the regional board concerned, a form of declaration of identity in the form specified in the Fourth Schedule to these Regulations, and two envelopes, one marked “Ballot Paper Envelope” and “Class of Electorate:___________”, and the other a larger envelope (hereinafter referred to as “the outer envelope”) bearing the name and address of the returning officer and capable of containing the ballot paper envelope and the form of declaration of identity.

(2) Each ballot paper shall contain, listed under the class for which they have been nominated, the names of the candidates who have been validly nominated together with their addresses and the names shall be arranged in alphabetical order of surnames and, where surnames are the same, of their other names.

(3) The form of declaration of identity shall be completed by the voter in the presence of a witness who shall be either a clergyman, a Peace Commissioner or a member of the Garda Síochána not below the rank of sergeant.

12. (a) Each voter shall insert the completed ballot paper issued to him in the ballot paper envelope, shall seal the envelope and shall write on the outside of it under the heading provided the class of electorate under which he has voted and shall then place it in the outer envelope, together with the duly completed form of declaration of identity issued to him.

(b) He shall then seal the outer envelope and have it delivered by hand or sent by prepaid post to the returning officer at the office of the appropriate regional board so as to reach him not later than 6.00 pm on the election date.

13. (1) The returning officer shall, as soon as possible after the expiry of the time for the receipt by him of the completed ballot papers, open each outer envelope and, if he is satisfied that it contains a duly completed form of declaration of identity, and that the class of electorate is stated on the outside of the ballot paper envelope, and that the person named in the declaration is entitled to vote in the class of electorate specified on the outside of the ballot paper envelope, he shall place the ballot paper envelope in a receptacle provided for the purpose and retain separately the forms of declaration of identity accepted by him as duly completed.

(2) If the returning officer is not satisfied that the form of declaration of identity has been duly completed, he shall endorse it “vote rejected” and attach thereto the ballot paper envelope unopened or, if there is no ballot paper envelope, the ballot paper.

(3) Where there is no form of declaration of identity with the ballot paper envelope, the returning officer shall open the ballot paper envelope and, if it contains the form of declaration of identity, he shall deal with the declaration and the ballot paper envelope (as if unopened) as provided in paragraph (1) or (2) of this Article, whichever is appropriate.

(4) Where the class of electorate is not stated by the voter on the outside of the ballot paper envelope the returning officer shall write this information on the ballot paper envelope by reference to the relevant form of declaration of identity. He shall then deal with the declaration and the ballot paper envelope as provided in paragraph (1) or (2) of this Article, whichever is appropriate.

(5) (a) The returning officer shall compare the class of electorate as shown on the form of declaration of identity with the class of electorate written by the voter on the outside of the ballot paper envelope so as to ensure that they are the same.

(b) If they are not the same, the returning officer shall then open the ballot paper envelope and if the class of candidate for whom the vote is cast as shown on the ballot paper coincides with the class of electorate shown on the form of declaration of identity, he shall endorse the outside of the ballot paper envelope accordingly and then deal with the declaration and the ballot paper envelope (as if unopened) as provided in paragraph (1) or (2) of this Article, whichever is appropriate.

(c) If the class of candidate for whom the vote is cast as shown on the ballot paper does not coincide with the class of electorate shown on the form of declaration of identity, the returning officer shall endorse the ballot paper “vote rejected” and attach thereto the form of declaration of identity and the ballot paper envelope.

(6) The returning officer shall endorse “rejected” on every declaration of identity which is not accompanied by a ballot paper and on every ballot paper which is not accompanied by a declaration of identity.

(7) Where the outer envelope contains a ballot paper and a declaration of identity, the ballot paper shall not be rejected solely on the ground that it was not inserted in the ballot paper envelope.

(8) The returning officer shall keep in separate bundles all rejected ballot papers and relevant declarations of identity and ballot paper envelopes and shall keep them separate from other documents.

(9) (a) The returning officer shall open all unopened ballot paper envelopes other than those to which paragraph (2) of this Article refers, scrutinise all ballot papers other than rejected or disallowed ballot papers, compare the class of electorate written on the outside of the ballot paper envelope with the class of candidate for which the vote is cast so as to ensure that they coincide with each other and endorse the ballot paper “vote rejected” on any ballot paper where they do not so coincide, declare invalid any ballot paper in respect of which the requirements of these Regulations have not been complied with and disallow the vote marked on it.

(b) If an elector votes for more than one candidate the returning officer shall endorse the ballot paper “vote rejected”.

14. (1) The returning officer shall ascertain the number of valid votes given to each candidate and the candidates, not exceeding the number of candidates to be elected by each class of electorate, who obtain the greatest number of valid votes shall be deemed to be elected.

(2) If an equal number of votes has been given for a number of candidates in any one class of electorate that is greater than the number of candidates to be elected by that class or remaining to be elected by that class of electorate, the returning officer shall determine the result of the ballot between them by lot.

15. The returning officer may, at the request of a candidate, permit him to be present at the opening and counting of the ballot papers.

16. (1) As soon as may be after the completion of the counting of the votes the returning officer shall prepare and sign a statement indicating the number of valid votes cast for each candidate, his address and class and, where the result of the ballot was required to be determined by lot, the result of the determination.

(2) The returning officer shall send by prepaid registered post to the Secretary or have delivered by hand at the office of the Department of Fisheries and Forestry, Dublin 2, a copy of the statement and upon the receipt thereof, the elections for the purpose of Article 4 of these Regulations shall be deemed to be completed.

(3) The returning officer shall also send to each candidate elected a certificate of his election.

17. Nomination forms, ballot papers and declarations of identity used under these Regulations shall be retained by the returning officer for the period of six months after the election date and then destroyed by him.

18. Every question arising at, or in relation to, an election shall be decided by the returning officer and his decision thereon shall be final.

19. (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 £200.

FIRST SCHEDULE

NOMINATION OF A PERSON TO BE A CANDIDATE FOR AN ELECTION AS A MEMBER OF THE                           ^(a) REGIONAL FISHERIES BOARD

BEFORE COMPLETING THIS FORM THE INSTRUCTIONS AT THE FOOT OF THE FORM SHOULD BE READ BY THE NOMINATOR(S) AND THE CANDIDATE.

Part I

^*

The person(s) named below, being members of the same class of the electorate as that of the proposed candidate, hereby nominate the following person to be a candidate at the election of members of the Regional Fisheries Board named:

(a) Insert name of Board

Part II

CONSENT OF THE CANDIDATE

I, ..............................., being the person nominated for election as a member of The ............................... Regional Fisheries Board as described in Part I of this form hereby consent to the said nomination.

My type of fishing licence and its ^* number/the location and/or name of my rated ^* fishery/my ^* registration (that is, as trout angler or coarse fish angler or sea angler) is:  _____________________________________________________________

_______________________________________________________________________________________________

Signature: .................................         Date: .................

_______________________________________________________________________________________________

IMPORTANT: Parts I and II of this form must be completed in full. When so completed the form should be delivered by hand or sent by prepaid registered post to:

The Returning Officer

The .....................................(a) Regional Fisheries Board

............................................(b)

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

to reach him not later than 12.00 noon on ________________________________________________(c)

_______________________________________________________________________________________________

INSTRUCTIONS TO NOMINATOR(S)

(i)Class of Candidate: Insert under this heading on the form the class to which the candidate is nominated, that is:—

1. holder of a salmon rod licence,

2. holder of a salmon drift net licence,

3. holder of a salmon fishing licence other than the holder of a salmon rod licence or the holder of a salmon drift net licence,

4. holder of an eel fishing licence,

5. rated occupier of a fishery,

6. person registered as a trout angler in the Register of Trout, Coarse Fish and Sea Anglers,

7. person registered as a coarse fish angler in the Register of Trout, Coarse Fish and Sea Anglers,

8. person registered as a sea angler in the Register of Trout, Coarse Fish and Sea Anglers, or

9. holder of an oyster fishing licence.

The licences referred to at nos. 1 to 4 and at no. 9 must have been issued by the Regional Fisheries Board specified in Part I of this form during the year in which the election is held.

The rated occupier of a fishery referred to at no. 5 must relate to a fishery situated within the fisheries region of the Regional Fisheries Board specified in Part I of this form in respect of which fishery he has paid the fishery rate for the fishery year immediately preceding the year in which the election takes place.

The Register of Trout, Coarse Fish and Sea Anglers referred to at nos. 6 to 8 must be the register maintained by the Regional Fisheries Board specified in Part I of this form.

(ii) Nominator(s): Except in the case of a candidate who is a rated occupier of a fishery each candidate must be nominated by at least five nominators one of whom may be the candidate. Each of these nominators must be a member of the same class of the electorate as the person he is nominating. In the case of a rated occupier of a fishery or his agent duly appointed under Section 328 of the Fisheries (Consolidation) Act, 1959 only one nominator is required who may be the candidate.

(iii) Class of electorate of nominator: Each nominator should insert under this heading on the form the class of the electorate to which he belongs.

INSTRUCTIONS TO CANDIDATE

(i) A person is entitled to be nominated as a candidate of ONE class and ONE class only, at a Regional Fisheries Board election. The candidate and his nominators must be members of the same class. If a candidate is eligible for nomination for more than one class, he must decide the class to which he wishes to be nominated.

(ii) The candidate must insert in the spaces provided in Part II of this form the name of the Regional Fisheries Board concerned, the number and type of his fishing licence or details of his registration (i.e. whether as a trout angler or a coarse fish angler or a sea angler) in the Register of Trout, Coarse Fish and Sea Anglers, as appropriate, of the class of candidate of which he is nominated. If the candidate is nominated as the rated occupier of a fishery, he should state the location and/or name of that fishery.

SECOND SCHEDULE

THIRD SCHEDULE

THE                  ^(a) REGIONAL FISHERIES BOARD BALLOT PAPER

Ballot for election as members of the above-named Board

BEFORE MARKING THIS BALLOT PAPER THE INSTRUCTIONS ON THE BACK OF THE ACCOMPANYING FORM OF DECLARATION OF IDENTITY SHOULD BE READ.

1. holder of a salmon rod licence,

2. holder of a salmon drift net licence,

3. holder of a salmon fishing licence other than the holder of a salmon rod licence or the holder of a salmon drift net licence,

4. holder of an eel fishing licence,

5. rated occupier of a fishery,

6. person registered as a trout angler in the Register of Trout, Coarse Fish and Sea Anglers,

7. person registered as a coarse fish angler in the Register of Trout, Coarse Fish and Sea Anglers,

8. person registered as a sea angler in the Register of Trout, Coarse Fish and Sea Anglers, or

9. holder of an oyster fishing licence.

FOURTH SCHEDULE

THE                  ^(a) REGIONAL FISHERIES BOARD

Form of Declaration of Identity

I hereby declare that I am the voter to whom this Ballot Paper has been issued and that I am a person of the same class of electorate as the candidate for whom I have voted.

INSTRUCTIONS FOR COMPLETING THE ABOVE FORM

1. All the information requested on the form must be given. Failure to complete the form fully may invalidate the vote.

2. The voter must sign the form in the presence of a witness who must be a clergyman, a Peace Commissioner or member of the Garda Síochána not below the rank of sergeant. The witness must also sign the form and state thereon his address and description.

3. Class of electorate: The voter must state in the space provided on the form the class of electorate concerned. If a voter belongs to more than one class of electorate he must decide under which class his vote is cast, that is:—

(1) holder of a salmon rod licence,

(2) holder of a salmon drift net licence,

(3) holder of a salmon fishing licence other than the holder of a salmon rod licence or the holder of a salmon drift net licence,

(4) holder of an eel fishing licence,

(5) rated occupier of a fishery,

(6) person registered as a trout angler in the Register of Trout, Coarse Fish and Sea Anglers,

(7) person registered as a coarse fish angler in the Register of Trout, Coarse Fish and Sea Anglers,

(8) person registered as a sea angler in the Register of Trout, Coarse Fish and Sea Anglers, or

(9) holder of an oyster fishing licence.

(to be printed on the back of the Fourth Schedule)

INSTRUCTIONS TO THE VOTER

1. A voter may vote for ONE candidate only.

2. Further to 1, the ONE and ONLY candidate for whom the voter decides to vote must be a class of candidate which is THE SAME as the class of electorate to which the voter belongs and which is designated by the voter on the Form of Declaration of Identity accompanying the Ballot Paper.

3. Mark the Ballot Paper in the space provided in the column headed “Voter's Mark” with the mark “X” opposite the name of the ONE and ONLY candidate for whom the voter wishes to vote.

4. The identity of the voter must be declared on the Form of Declaration of Identity accompanying the Ballot Paper.

5. When the vote has been marked on the Ballot Paper and the Form of Declaration of Identity has been completed, place the Ballot Paper in the Ballot Paper Envelope and seal it. Then write on the outside of the Ballot Paper Envelope the class of electorate under which the vote is cast. Then place the Ballot Paper Envelope, together with the Form of Declaration of Identity, in the outer envelope addressed to the Returning Officer and have it delivered to him by hand or by prepaid post so as to reach him not later than 6.00 p.m. on the day of December 19

The votes on Ballot Papers received after that time will not be counted.

Votes on Ballot Papers which are not accompanied by the duly completed Form of Declaration of Identity will not be counted.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The main purpose of these regulations is to—

(a) specify the day (the third Tuesday in December) in each election year (1981 and every fifth successive year thereafter) on which the elections of members of regional fisheries boards shall be held,

(b) make provision for the nomination of different classes of candidates for election as members of regional fisheries boards and for the election of such candidates by different classes of electors, and

(c) provide for postal nominations and for postal voting at elections of members of regional fisheries boards.

^(a) Insert name of Board

^* See (ii) under Instructions to Nominators.

^* Delete whichever is inappropriate.

^* Delete whichever is inappropriate.

^* Delete whichever is inappropriate.

^(a) Insert name of Board

^(b) Insert address of Board

^(c) Insert latest date for the receipt of completed nomination forms.

^(a) Insert name of Board

^(b) Insert class of candidate, that is:

^(a) Insert name of Board