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S.I. No. 155/1969 -- Dairy Produce Marketing Act, 1961 (Nominations and Ballots) (Amendment) Regulations, 1969.

S.I. No. 155/1969 -- Dairy Produce Marketing Act, 1961 (Nominations and Ballots) (Amendment) Regulations, 1969. 1969 155

S.I. No. 155/1969:

DAIRY PRODUCE MARKETING ACT, 1961 (NOMINATIONS AND BALLOTS) (AMENDMENT) REGULATIONS, 1969.

DAIRY PRODUCE MARKETING ACT, 1961 (NOMINATIONS AND BALLOTS) (AMENDMENT) REGULATIONS, 1969.

I, NEIL T. BLANEY, Minister for Agriculture and Fisheries, in exercise of the powers conferred on me by section 12 of the Dairy Produce Marketing Act, 1961 (No. 1 of 1961), as adapted by the Agriculture (Alteration of Name of Department and Title of Minister) Order, 1965 ( S.I. No. 146 of 1965 ), hereby make the following regulations :

Short title, construction, and collective citation.

1. (1) These Regulations may be cited as the Dairy Produce Marketing Act, 1961 (Nominations and Ballots) (Amendment) Regulations, 1969.

(2) The Principal Regulations and these Regulations shall be construed together as one and may be cited together as the Dairy Produce Marketing Act, 1961 (Nominations and Ballots) Regulations, 1961 and 1969.

Principal Regulations.

2. In these Regulations " the Principal Regulations " means the Dairy Produce Marketing Act, 1961 (Nominations and Ballots) Regulations, 1961 ( S.I. No. 49 of 1961 ).

Poll in the case of ballot under section 10 of the Act.

3. (1) A ballot under section 10 of the Act shall be in the form of a poll taken in accordance with the provisions of the First Schedule to these Regulations.

(2) The returning officer shall appoint a polling day and shall fix the hours for the opening and closing of the poll on that day.

Amendment of Regulation 5 of Principal Regulations.

4. Regulation 5 of the Principal Regulations is hereby amended by the substitution in paragraph (3) of " and its subsidiaries " for " the Condensed Milk Company of Ireland (1928) Limited and the Newmarket Dairy Company (1932), Limited ".

Amendment of Regulation 13 of Principal Regulations.

5. Regulation 13 of the Principal Regulations is hereby amended by the insertion in paragraph (1) of " , shall be signed by the chairman or secretary of the society and by the proposer and seconder of the resolution embodying the society's vote " before " and shall be scaled ".

Amendment of Regulation 14 of Principal Regulations.

6. Regulation 14 of the Principal Regulations is hereby amended 'by the insertion of " in relation to a ballot under section 9 of the Act " before " shall ".

Amendment of Regulation 15 of Principal Regulations.

7. Regulation 15 of the Principal Regulations is hereby amended by the insertion in paragraph (1) of " in relation to a ballot under section 9 of the Act," before " on " and of " registered " before " post ".

Amendment of Regulation 16 of Principal Regulations.

8. Regulation 16 of the Principal Regulations is hereby amended by the insertion in paragraph (2) of " by a society " before " duly completed to the returning officer ".

Amendment of Regulation 17 of Principal Regulations.

9. Regulation 17 of the Principal Regulations is hereby amended as follows :

(a) in paragraph (2) " and either hand the envelope personally to the returning officer or have it transmitted to him by prepaid registered post " shall be substituted for " to have affixed thereto the appropriate postage stamp and to have the envelope placed in the post ",

(b) in paragraph (3) " in the case of a ballot under section 9 of the Act " shall be inserted before " the latest time and day ".

Amendment of Regulation 18 of Principal Regulations.

10. Regulation 18 of the Principal Regulations is hereby amended as follows :

(a) in paragraph (1), " in relation to a ballot under section 9 of the Act or after all ballot boxes have been received by the returning officer in the case of a ballot under section 10 of the Act (whichever last occurs) " shall be added at the end of the paragraph,

(b) in paragraph (2) " (where requisite) " shall be inserted before " has not been duly made ",

(c) the following paragraphs shall be added to the Regulation :

" (6) Not less than ten days before the day on which the votes cast are being counted by the returning officer, the returning officer shall send by post to every candidate at his address, as stated in the nomination paper, notice in writing of the day on which and the time and place at which the scrutiny of the ballot papers and declarations of identity and the counting of votes will take place.

(7) The following (and no other) persons may be present at the scrutiny and counting of the votes, namely, the returning officer and his assistants and the candidates."

Amendment of Schedule to Principal Regulations.

11. (1) The Schedule to the Principal Regulations is hereby amended as specified in the subsequent paragraphs of this Regulation.

(2) (a) In paragraph 7 of Form No. 1 " by the Dairy Disposal Company Ltd. or by its subsidiaries " shall be substituted for " the Dairy Disposal Company Ltd., the Condensed Milk Company of Ireland (1928), Ltd., or the Newmarket Dairy Company (1932), Ltd.".

(b) In paragraph 10 of Form No. 1, for from " Ballot papers will be issued " to the end of the paragraph there shall be substituted; " In the case of a ballot under section 9 of the Act, ballot papers will be issued by the returning officer by post on the ---------- to the societies entitled to vote and completed ballot papers must be either handed personally or returned by prepaid registered post to the returning officer. The poll will close at 12 o'clock midday on the ----------------. In the case of a ballot under section 10 of the Act, voting will be by personal ballot at polling stations. Every eligible voter will be notified by post of the day and hours of polling and of the location of the polling station in good time before polling day."

(3) (a) In Form No. 2, for the heading :

" Proposal of a person for nomination as a member of the Board."

there shall be substituted :

" Proposal of a person for nomination as a member of the Board by societies situate in:

COUNTY CLARE, CORK, KERRY, KILKENNY, LAOIGHIS, LIMERICK, TIPPERARY, WATERFORD or WEXFORD."

(b) In Form No. 2, for the tabular statement there shall be substituted the tabular statement set out in the Second Schedule to these Regulations.

(4) (a) In Form No. 3, for the heading :

" Proposal of a person for nomination as a member of the Board."

there shall be substituted :

" Proposal of a person for nomination as a member of the Board by registered societies situate in :

ANY COUNTY OTHER THAN COUNTY CLARE, CORK, KERRY, KILKENNY, LAOIGHIS, LIMERICK, TIPPERARY, WATERFORD or WEXFORD."

(b) In Form No. 3, for the tabular statement there shall be substituted the tabular statement set out in the Second Schedule to these Regulations.

(5) (a) In Form No. 4, for the heading :

" Proposal of a person for nomination as a member of the Board."

there shall be substituted :

" Proposal of a person for nomination as a member of the Board by registered societies situate :

ANYWHERE IN THE STATE."

(b) In Form No. 4, for the tabular statement there shall be substituted the tabular statement set out in the Second Schedule to these Regulations.

(6) In Form No. 5, " or its subsidiaries " shall be substituted for the Condensed Milk Company of Ireland (1928), Ltd., or the Newmarket Dairy Company (1932), Ltd." in the first paragraph of the Instructions to be inserted on the back of the Form.

(7) In Form No. 6, for :

" Signature and description of Witness to above signature :

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

Description ............................................................ ............................................"

there shall be substituted :

" Signature and occupation of Witness to above signature :

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

Occupation ............................................................ ..............................................

Date ............................................................ ................................................"

(8) In Form No. 7, " either hand it personally to the returning officer, or have it transmitted to him by PREPAID REGISTERED " shall be substituted for " return it to him by PREPAID ".

(9) For Form No. 8 there shall be substituted the Form set out in the Third Schedule to these Regulations.

(10) In Form No. 9, for paragraphs 3 and 4 of the Instructions to the voter there shall be substituted :

" 3. Immediately after voting, fold the ballot paper to conceal your vote and put the ballot paper in the ballot box."

Revocations

12. (1) The Dairy Produce Marketing Act, 1961 (Nominations and Ballots) (Amendment) Regulations, 1961 ( S.I. No. 73 of 1961 ), are hereby revoked.

(2) The following portions of the Principal Regulations are hereby revoked :

(a) paragraph (2) of Regulation 13,

(b) the words " or person " in paragraph (1) and in paragraph (2) of Regulation 15,

(c) the words " or person to whom " and " or person " in paragraph (1) of Regulation 16,

(d) paragraph (1) of Regulation 17,

(e) Form 10 in the Schedule.

FIRST SCHEDULE.

1. For the purposes of this Schedule " the electoral roll " means the particulars delivered pursuant to Regulation 5 (3) of the Principal Regulations.

2. (1) The returning officer shall provide a sufficient number of polling stations for the accommodation of the voters and shall, for the purposes of taking the poll, allocate the polling stations amongst the voters.

(2) The returning officer shall, not less than twelve clear days prior to the day of the poll, send by post to each voter whose name appears on the electoral roll, notice of the location of the polling station allocated to him and of the appointed day and hours fixed for polling.

3. (1) The returning officer shall appoint a presiding officer to preside at each polling station and may, if he thinks fit, appoint a clerk or clerks to assist each presiding officer.

(2) Each polling station shall be furnished with a sufficient number of compartments in which voters can mark their ballot papers screened from observation, and the returning officer shall provide such ballot boxes, ballot papers and other materials as are in his opinion necessary for the satisfactory conduct of the poll.

4. (1) A presiding officer at a polling station shall deliver a ballot paper to a voter who applies therefor provided that the voter declares his name and address to be that entered in the electoral roll and provided that he produces a notice mentioned in paragraph 2 (2) stating that the polling station has been allocated to him, or otherwise satisfies the presiding officer as to his identity.

(2) Immediately before a ballot paper is so delivered--

(a) the number and name of the voter as stated in the electoral roll shall be called out,

(b) the number of the voter shall be marked on the counterfoil of the ballot paper,

(c) the ballot paper shall be marked with an official mark, and

(d) a mark shall be placed on the electoral roll opposite the voter's number thereon to denote that a ballot paper has been delivered to the voter but without showing the number on the back of the ballot paper.

5. If a voter to whom a ballot paper is delivered under paragraph 4 (1) inadvertently spoils his ballot paper, the presiding officer, on being satisfied as to the inadvertence, may deliver a further ballot paper to the voter. The presiding officer shall mark, on the counterfoil of the further ballot paper, the number on the back of the spoiled ballot paper together with the word " duplicate ".

6. A voter in giving his vote must secretly place on the ballot paper the mark " X " opposite the name of the candidate for whom he votes.

7. (1) At the time fixed for the close of the poll the presiding officer shall take steps to ensure that no further voters are admitted to the polling station, but any voter on the premises shall, subject to the provisions of the Act and the regulations made thereunder, 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 may be inserted therein, shall attach its key thereto and shall seal up in separate packets--

(a) the unused and spoiled ballot papers placed together,

(b) the counterfoils of the ballot papers, and shall deliver the ballot boxes and the separate packets to the returning officer.

SECOND SCHEDULE

Name and address of proposing society

Signature and description of each person authenticating the seal

Date of resolution where the rules of the society require this to be shown in conjunction with the seal

Date of sealing

Seal of Society

1.

2.

3.

4.

5.

6.

THIRD SCHEDULE

FORM NO. 8

AN BORD BAINNE

Number..........................

Form of declaration of identity of a society casting a vote

The Society named below hereby declares that it is the society whose vote is marked on this Ballot Paper and that it is the registered proprietor of a creamery or a cream-separating station situate in the area specified in the Ballot Paper.

Name of Society ............................................................ ...........................

Address of Society............................................................ .......................

Signature and description of each person authenticating the seal

Date of resolution where the rules of the society require this to be shown in conjunction with the seal

Date of sealing

Seal of the Society

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

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

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

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

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

Delete as appropriate.

Signature of

Chairman/Secretary

of the Society............................................................ ................................................

Signature of proposer

of the resolution

embodying the Society's vote............................................................ ....................

Description............................................................ ....................................................

Signature of seconder

of the resolution

embodying the society's vote............................................................ ....................

Description............................................................ ....................................................

GIVEN under my Official Seal, this 1st day of August, 1969.

NEIL T. BLANEY,

Minister for Agriculture and Fisheries.

EXPLANATORY NOTE.

These Regulations provide for certain amendments of the principal regulations which set out the procedure to be followed and the forms to be used in connection with (a) the proposing of persons for nomination as members of An Bord Bainne and (b) the holding of ballots where more than one person is proposed for nomination under any of the provisions of sections 9 and 10 of the Dairy Produce Marketing Act, 1961 .



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URL: http://www.bailii.org/ie/legis/num_reg/1969/0155.html