REFERENDUM ACT 1994
Expenses of local returning officers.
16.—(1) The F10[Minister for Public Expenditure and Reform] shall prepare a scale of maximum charges for local returning officers and every local returning officer F10[shall, upon the request of the Minister for Public Expenditure and Reform, be paid by the Minister for Finance] out of the Central Fund or the growing produce thereof the officer's reasonable charges, in respect of services and expenses in relation to a referendum, not exceeding the maximum charges specified in the scale prepared under this section and applying for the time being.
F11[(1A) F10[Upon the request of the Minister for Public Expenditure and Reform, the Minister for Finance shall], in respect of services and expenses which are not covered by the foregoing subsection, recoup to (or, where appropriate, pay on behalf of) every local returning officer out of the Central Fund or the growing produce thereof the officer's reasonable charges in relation to every referendum in respect of which he or she is the local returning officer. For the avoidance of doubt, the expenses which may be recouped under this subsection shall include expenses incurred by a local returning officer in being represented at and meeting any damages and costs in legal proceedings (except where the court is satisfied that such officer has been grossly negligent in the discharge of the duties of the office). For the purposes of this subsection "legal proceedings" shall not include the trial of petitions presented in accordance with the provisions of section 42.]
(2) For the purpose of the payment of such charges, an account of them shall be submitted by a local returning officer to the Minister for Finance and the Minister for Finance may issue to local returning officers directions as to the time when and the manner and form in which the account shall be so submitted.
F12[(3) On the request of a local returning officer for an advance on account of the officer's charges the Minister for Finance may, F10[with the consent of the Minister for Public Expenditure and Reform and after consultation with the Minister], (irrespective of whether the scale of charges referred to in subsection (1) has been prepared or not), on such terms as the Minister for Finance thinks fit, make such an advance.]
(4) The Minister for Finance may, before payment of a local returning officer's charges under this section, apply to a judge of the Circuit Court having jurisdiction in any part of the constituency concerned for the taxation of the account submitted by the local returning officer and the judge shall tax the account and determine the amount payable there under.
(5) The taxation under this section of the account of a local returning officer shall, if the judge so decides on the application of the officer, include the determination of any claim made against the officer in respect of any matter charged for in the account.
Annotations
Amendments:
F10
Substituted (6.07.2011) by Ministers and Secretaries (Amendment) Act 2011 (10/2011), s. 75(d), (e), (f), S.I. No. 401 of 2011.
F11
Inserted (1.06.1997) by (25/1997), s. 77(c), S.I. No. 233 of 1997.
F12
Substituted (1.11.2001) by Electoral (Amendment) Act 2001 (38/2001), s. 55(c), S.I. No. 497 of 2001.
Modifications (not altering text):
C11
Functions transferred and references to “Minister for Finance” in subss. (2), (4) construed (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3, 5 and sch. 1 part 2, in effect as per art. 1(2).
2. (1) The administration and business in connection with the performance of any functions transferred by this Order are transferred to the Department of Public Expenditure and Reform.
(2) References to the Department of Finance contained in any Act or instrument made thereunder and relating to the administration and business transferred by paragraph (1) shall, on and after the commencement of this Order, be construed as references to the Department of Public Expenditure and Reform.
3. The functions conferred on the Minister for Finance by or under the provisions of—
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
...
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
..
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
|
Number and Year |
Short Title |
Provision |
|
(1) |
(2) |
(3) |
|
... |
... |
... |
|
No. 12 of 1994 |
Referendum Act 1994 |
Sections 14(5), 16(2), 16(4), 54(2) and 54(5) |
|
... |
... |
... |
The history of the Minister for Finance concerned with the Referendum Act 1994 can be traced as follows:
• Functions transferred and references to Minister for Finance construed as Minister of Public Expenditure and Reform (05.08.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), arts. 2, 3 and sch, in effect as per art. 1(2);
• Name of Minister for the Public Expenditure and Reform changed to Public Expenditure, National Development Plan Delivery and Reform (01.02.2023) by Public Expenditure and Reform (Alteration of Name of Department and Title of Minister) Order 2023 (S.I. No. 19 of 2023), in effect as per art. 1(2);
• Name of Minister for the Public Expenditure, National Development Plan Delivery and Reform changed to Public Expenditure, Infrastructure, Public Service Reform and Digitalisation (05.06.2025) by Public Expenditure, National Development Plan Delivery and Reform (Alteration of Name of Department and Title of Minister) Order 2025 (S.I. No. 243 of 2025), in effect as per art. 1(2).
