S.I. No. 190/1997:

HARBOURS ACT, 1996 (ELECTION OF EMPLOYEE DIRECTORS) (POSTAL VOTING) REGULATIONS, 1997.

HARBOURS ACT, 1996 (ELECTION OF EMPLOYEE DIRECTORS) (POSTAL VOTING) REGULATIONS, 1997.

I, SEÁN BARRETT, Minister for the Marine, in exercise of the powers conferred on me by section 3 (1) of the Harbours Act, 1996 (No. 11 of 1996), hereby make the following Regulations:

1. These Regulations may be cited as the Harbours Act, 1996 (Election of Employee Directors) (Postal Voting) Regulations, 1997.

2. In these Regulations- "the Act" means the Harbours Act, 1996 (No. 11 of 1996);

"election" means an election referred to in the Fifth Schedule to the Act;

"list of postal voters" has the meaning assigned to it by Regulation 7 of these Regulations;

"postal ballot box" means a ballot box provided under Regulation 11 of these Regulations for the reception of covering envelopes returned by postal voters;

"postal ballot paper" means a ballot paper issued pursuant to Regulation 10 of these Regulations;

"postal voter" means a person to whom a ballot paper is issued under these Regulations;

"the Principal Regulations" means the Harbours Act, 1996 (Election of Employee Directors) (General) Regulations, 1997;

"relevant company" means a company referred to in paragraph (a) or (b) of section 30 (1) of the Act.

3. (1) A person whose name is on a list of electors referred to in Regulation 15 (1) of the Principal Regulations shall be entitled to apply under this Regulation to vote by post at an election relating to the relevant company to which the list relates.

(2) On an application being made in that behalf by a person entitled to vote at an election (other than a person to whom a ballot paper has been issued under paragraph (3) of this Regulation), the returning officer may issue a ballot paper by post to the person if, but only if, he or she is of the opinion that by reason of--

( a ) the circumstances of the person's occupation, service or employment,

( b ) holidays,

( c ) illness or physical disability,

( d ) the person being employed by a returning officer in connection with an election, or

( e ) such other circumstances as the returning officer considers adequate

the person would be unable to, or could only with inconvenience or difficulty, vote at a polling place at the election.

(3) Where the returning officer decides that it might not be feasible to facilitate persons entitled to vote at an election by the provision of a polling place, he or she shall allow each of those persons to cast his or her vote by post and, unless a ballot paper has already been issued by him or her under paragraph (2) of this Regulation, shall for that purpose issue to any such person a ballot paper by post.

4. The following provisions shall apply in relation to an application to vote by post at an election:

( a ) the application shall be in the form set out in the Schedule to these Regulations,

( b ) the application shall be completed and certified in accordance with the instructions printed thereon,

( c ) the application shall be delivered or sent by post to the returning officer so as to be received by him or her within the period specified in that behalf in the notice given under Regulation 6 of the Principal Regulations, and

( d ) the application may not be withdrawn after it has been received by the returning officer.

5. At an election, the returning officer shall, not later than seventy days before the nomination day, arrange for the provision of an adequate supply of application forms for use in applications under these Regulations and such an application form shall be supplied free of charge by the returning officer to any person applying therefor.

6. (1) Where at an election an application under these Regulations is duly received by a returning officer, he or she shall determine the application as soon as may be.

(2) Where at an election an application is made under these Regulations and the returning officer is satisfied that an applicant is entitled to vote at the election and that the application is properly completed and certified, he or she shall allow the application and cause it to be marked accordingly.

(3) Where at an election an application is made under these Regulations and the returning officer is not satisfied that an applicant is entitled to vote at the election or that the application is properly completed and certified, he or she shall refuse the application and cause it to be marked accordingly.

(4) Where a returning officer refuses an application under these Regulations, he or she shall notify the applicant accordingly and the notice shall include a statement of the reasons for his or her refusal.

(5) Where an application to vote by post is received by the returning officer after the time specified in that behalf in the notice given under Regulation 6 of the Principal Regulations, the application shall be disregarded and the applicant shall be notified by the returning officer accordingly.

(6) The returning officer at an election may, as he or she considers appropriate either accept or refuse to accept a written statement by an applicant of the reason for his or her being unable, or being able only with inconvenience or difficulty, to vote at a polling place at the election.

(7) For the purpose of this Regulation, a person's name shall be deemed to be on a list of electors if the said list includes a name which, in the opinion of the returning officer, was intended to be the person's name.

7. (1) In conjunction with the list of electors prepared by the returning officer under Regulation 15 of the Principal Regulations, the returning officer shall prepare a list (in these Regulations referred to as the "list of postal voters") containing the name of each person from whom an application to vote by post has been received and allowed by him or her and the address to which each such person's ballot paper is to be sent, and the list shall also include the names of those persons, together with such address, who, by virtue of Regulation 3 (3) of these Regulations, may vote by post, and in case the relevant company to which the election relates is composed of administrative units such as divisions, departments, offices or sections, or other units by whatever name called, the list shall also include in relation to each person's name thereon a reference to the unit to which the person concerned is assigned.

(2) As soon as the list of postal voters has been prepared, the returning officer shall make a copy thereof available for inspection at the office appointed under Regulation 3 of the Principal Regulations and at such times as he or she considers appropriate.

8. Before the polling day, the returning officer may, if he or she thinks it necessary, arrange that copies of the list of electors, or the parts thereof, required by Regulation 19 (3) (e) of the Principal Regulations to be provided at a polling place shall be marked to denote the names of the electors on such list whose names are also on the list of postal voters.

9. (1) Each candidate at an election may appoint agents to be present on his or her behalf--

( a ) at the issue of ballot papers to postal voters; and

( b ) at the opening of the postal ballot boxes.

(2) Each candidate at an election shall, not later than fourteen days prior to the appropriate day, give written notice to the returning officer of the name and address of any agent appointed by the candidate under this Regulation, and the returning officer may refuse to admit to the place where such ballot papers are to be issued or the postal boxes are to be opened any such agent whose name and address have not been notified to him or her in accordance with this paragraph.

(3) In this Regulation "the appropriate day" means--

( a ) In relation to an agent appointed by a candidate to be present at the issue of ballot papers to postal voters, the day on which the issue of such ballot papers is to be commenced;

( b ) in relation to an agent so appointed to be present at the opening of the postal ballot boxes, the day on which such ballot boxes are to be opened.

10. (1) Every person whose name is on the list of postal voters shall be entitled to vote at the poll at an election concerning the relevant company concerned by sending his or her ballot paper by post to the returning officer, and shall not be entitled to vote in any other manner.

(2) As soon as practicable after adjournment of an election for the purpose of taking a poll, the returning officer shall send by post to every person whose name is on the relevant list of postal voters a ballot paper.

(3) At the issue pursuant to these Regulations of a ballot paper, the number, name and description of the person as stated in the relevant list of postal voters shall be called out and a mark shall be placed in a copy of the said list against the name of the person to denote that a ballot paper has been issued to him or her, but without identifying the ballot paper.

(4) The returning officer shall place in an envelope addressed to a postal voter--

( a ) the ballot paper;

( b ) an envelope (in these Regulations referred to as a "covering envelope") addressed to the returning officer; and

( c ) a smaller envelope marked "Ballot Paper Envelope",

and shall effectually close the envelope addressed to the postal voter.

(5) Where an envelope issued to a postal voter in accordance with this Regulation is returned to the returning officer before the polling day as not having been delivered to the postal voter concerned, the returning officer may readdress the envelope and send it by post to that voter.

(6) Where postal ballot papers are to be issued at an election, the returning officer shall give at least twenty-four hours notice of the time and place at which he or she will issue such papers.

(7) At an election, no person other than a candidate, the returning officer's assistants or clerks, or a candidate's agent duly appointed under these Regulations may be present, except with the permission of the returning officer, at the issue by the returning officer of postal ballot papers.

11. (1) At an election, the returning officer shall provide a ballot box for the reception of covering envelopes returned by postal voters. He or she shall show each such ballot box open and empty to such candidates' agents as are present at the time of the issue of the postal ballot papers and shall then close and seal it. The returning officer shall make provision for the safe custody of every such box.

(2) A returning officer, on receipt by him or her of a covering envelope, shall immediately place it unopened in the ballot box provided by him or her in accordance with this Regulation.

12. At an election, postal ballot papers shall be counted in accordance with the provisions of the Principal Regulations.

13. Any thing required by these Regulations to be done in the presence of a candidate's agents shall not be invalidated by reason of any such agent or agents not being present at the time and place appointed for the doing of such thing.

14. (1) Immediately before the opening of postal ballot boxes at an election, a separate ballot box shall be provided by the returning officer for the purpose of paragraph (4) of this Regulation and the box shall be shown open and empty to such candidates' agents as are present and shall then be closed and sealed by the returning officer.

(2) After the requirement of paragraph (1) of this Regulation has been complied with, postal ballot boxes shall be opened by the returning officer at an election at the same time as the other ballot boxes are opened at the election pursuant to Regulation 30 (1) of the Principal Regulations.

(3) Where a postal ballot box has been opened, the returning officer shall extract the covering envelopes therefrom and count and note the number of covering envelopes so extracted.

(4) Subject to paragraph (5) of this Regulation, the returning officer shall open each covering envelope separately, extract the ballot paper envelope therefrom, open and extract the ballot paper from the ballot paper envelope and place the ballot paper in the ballot box provided in accordance with paragraph (1) of this Regulation. In the event of a ballot paper envelope not containing a ballot paper, a suitable note should be made for counting purposes.

(5) Where, after the close of the poll at an election, the returning officer receives any covering envelopes or any envelopes addressed to postal voters returned undelivered, he or she shall not open them but shall put them aside in a separate packet along with such covering envelopes, if any, which did not contain ballot paper envelopes, and such items shall be disregarded for counting purposes.

(6) The returning officer shall endorse on each such packet mentioned in paragraph (5) of this Regulation a description of its contents.

15. At an election, every postal ballot paper which is duly received by the returning officer or by any other person authorised by him or her in that behalf pursuant to these Regulations shall be treated in the same manner as a ballot paper placed in a ballot box in the ordinary way at the election and, where appropriate, shall be counted in accordance with the provisions in that regard contained in the Principal Regulations.

Regulation 4.

SCHEDULE

HARBOURS ACT, 1996 .

Harbours Act, 1996 (Election of Employee Directors) (Postal Voting) Regulations, 1997.

FORM OF APPLICATION FOR POSTAL VOTING FACILITIES.

GIVEN under my Official Seal, this 7th day of May, 1997.

SEÁN BARRETT,

Minister for the Marine.

EXPLANATORY NOTE.

These Regulations deal with the conduct of employee director elections held under the Harbours Act, 1996 .