Electoral (Polling Schemes) Regulations 2005
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Electoral (Polling Schemes) Regulations 2005.
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paragraphs: In these Regulations—
“the Minister” means the Minister for the Environment Heritage and Local Government;
“the Act” means the Electoral Act 1992 , as amended by the Electoral (Amendment) Act 2001 ;
“the authority” means the council of the city or county to which a scheme relates;
“local authority” means the council of a borough or town in a county to which a scheme relates;
“local electoral area” means the area or any of the areas (as may be appropriate) by reference to which a local election is held;
“returning officer” means the returning officer for each DÃ¡il constituency or part of a DÃ¡il constituency comprised in a city or county to which a scheme relates;
“scheme” means a scheme under section 28 of the Act dividing a city or county into polling districts for the purposes of DÃ¡il elections and local elections within the meaning of Part 4 of the Local Government Act 2001 and appointing a polling place for each polling district.
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paragraphs: A scheme shall—
(a) have a separate section for each DÃ¡il constituency or part of a DÃ¡il constituency to which it relates;
(b) distinguish in each such section the part relating to each local electoral area or part of a local electoral area comprised therein;
(c) divide a city or county into polling districts consisting as far as practicable, of one or more electoral divisions;
(d) set out—
(i) the name of every polling district constituted thereby;
(ii) the electoral divisions of which every such polling district is composed or, where portion only of an electoral division is included in a polling district, the townlands or other areas included in such portion;
(iii) the polling place appointed for each polling district.
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paragraphs: (1) Before making a scheme, the authority shall prepare a draft of the scheme (hereinafter referred to as a “draft scheme”) and shall—
(a) send a copy thereof and a summary of any changes proposed to be effected thereby to each returning officer, local authority and member of DÃ¡il Ãireann for the constituency or constituencies to which the draft scheme relates, together with a statement that the authority will consider any proposals for alterations in the draft scheme notified to it within five weeks from the day on which such copy is sent; and
(b) give public notice in a newspaper circulating in the city or county to which the draft scheme relates and otherwise as they think fit, of the preparation of the draft scheme and of the deposit of copies of the draft scheme for inspection during office hours at a specified place or places (and copies of the draft scheme shall be so deposited for a period of five weeks from the date of publication of the notice), together with a statement that the authority will consider representations in relation to the draft scheme made to them within five weeks from the date of the publication of such notice.
(2) Where a draft scheme relates to a county, the public notice referred to in sub-article (1)(b) of this article shall specify at least one place in each borough or town in the county where copies of the draft scheme may be inspected in accordance with the said sub-article (1)(b).
(3) The authority shall furnish a copy of the draft scheme to any person making application therefor on payment of a fee not exceeding the reasonable cost of copying.
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paragraphs: (1) On the expiration of the five week periods specified in article 4(1) of these Regulations, the authority shall consider any proposals for alterations notified to them or any representations made to them in accordance with articles 4(1)(a) and 4(1)(b) and may then make the scheme in accordance with the draft scheme or with such amendments of the draft scheme as they consider proper.
(2) A scheme made by the authority shall come into operation on the day specified in the scheme.
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paragraphs: Where a scheme has been made, the authority shall—
(a) give public notice in such manner as they think fit of the making of the scheme and of the date on which the scheme is to come into operation;
(b) furnish a copy of the scheme to the Minister and to each returning officer, local authority and member of DÃ¡il Ãireann for each constituency to which the scheme relates;
(c) keep a copy of the scheme available for inspection during office hours at the office of the authority;
(d) in the case of a scheme for a county, forward a copy of the scheme to each local authority; and
(e) furnish a copy of the scheme to every person making application therefor on payment of a fee not exceeding the reasonable cost of copying.
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paragraphs: Each local authority to whom a copy of a scheme has been forwarded pursuant to paragraph (d) of article 6 of these Regulations shall keep a copy of the scheme available for inspection at the offices of the local authority.
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paragraphs: The Electoral (Polling Schemes) Regulations, 1964 ( S.I. No. 78 of 1964 ) are hereby revoked.
GIVEN under the Official Seal of the Minister for the Environment, Heritage and Local Government this 24th day of February 2005.
DICK ROCHE,
Minister for the Environment, Heritage and Local Government.
EXPLANATORY NOTE.
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
These Regulations set out the procedure to be followed by city and county councils in making schemes of polling districts and polling places for the purpose of holding elections and referendums. The Regulations revoke the Electoral (Polling Schemes) Regulations 1964 following the repeal of the statutory requirements for councils to submit such schemes to the Minister for confirmation.