S.I. No. 127/1992 - Fisheries (Amendment) Act, 1991 (Fisheries Co-Operative Societies) Rules, 1992.

1. Please insert "X" in one of the boxes on the ballot paper.

2. Place the completed ballot paper in the appropriate ballot paper envelope and seal it.

3. Place the ballot paper envelope, together with documentation relating to the election of the Management Committee in the outer envelope referred to at A. 5 above addressed to the returning officer.

4. Completed ballot papers should reach the returning officer not later than the latest time for receipt of completed ballot papers in respect of elections to the Management Committee. The votes on ballot papers received after that time will not be counted.

ANNEX C.

(Title of Co-Operative Society).

ANNUAL SHARE CERTIFICATE.

Year

Certificate No.

Fee payable: £

Name (Block Capitals) ............................................................ ............................................................ ...............

Home Address (Block Capitals)

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

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

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

Name of Corporate Member (if applicable) ............................................................ ........................................

Electoral Category (for future voting purposes)

Trout

or Coarse Fish

(please tick appropriate box)

Received with thanks ............................................................ .................................................. (authorised agent)

Date ............................................

(Title of Co-Operative Society).

3 DAY SHARE CERTIFICATE.

Amount £

Certificate No. ............................................................ ........

Name (Block Capitals) ............................................................ ............................................................ ...............

Home Address (Block Capitals) ............................................................ ..........................................................

Received with thanks ............................................................ ........................................... (authorised agent)

Date .............................................

Period commences on date of issue.

(Title of Co-Operative Society).

21 DAY SHARE CERTIFICATE.

Amount £

Certificate No. ............................................................ ............

Name (Block Capitals) ............................................................ ............................................................ ...............

Home Address (Block Capitals) ............................................................ ..........................................................

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

Received with thanks ............................................................ .......................................... (authorised agent)

Date ............................................................ .........

Period commences on date of issue.

GIVEN under my Official Seal, this 18th day of May, 1992.

MICHAEL WOODS,

Minister for the Marine.

EXPLANATORY NOTE.

These rules constitute the rules for the regulation of each of the fisheries co-operative societies established by the Minister under

Section 4

of the

Fisheries (Amendment) Act 1991

.

5. The latest time for receipt of completed ballot papers shall be the same time as that specified for ballot papers relating to the election of the Management Committee.

6. The returning officer shall notify the Management Committee of the result of the ballot.

7. The Committee shall notify the Minister and the Committee of the members' decision.

(Title of Co-operative Society).

BALLOT PAPER.

SHARE CERTIFICATE REQUIREMENT.

Please read the Instructions on Ballots relating to Share Certificates set out below before marking this ballot paper.

Persons other than those categories of persons listed beneath wishing to fish with rod and line for trout and coarse fish in the area covered by this Society should be required to hold a current share certificate issued by this Society or by another Society established under the

Fisheries (Amendment) Act 1991

.

I agree ............................................................ ............................................................ ................. ( )

I disagree............................................................ ............................................................ ............. ( )

Categories of Exempted Persons,

(

a

) Persons under the age of 18 years or of the age of 66 years or over.

(

b

) Unemployed persons in receipt of social welfare assistance.

(

c

) Persons in receipt of an invalidity pension.

Instructions.

8. (1) The returning officer shall open all unopened ballot paper envelopes other than those to which paragraph 7 (2) refers, scrutinise all ballot papers other than rejected or disallowed ballot papers, compare the category of electorate written on the outside of the ballot paper envelope with the category or candidate for which the vote is cast so as to ensure that they coincide with each other and endorse the 1 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 Rules have not been complied with and disallow the vote marked on it.

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

9. (1) The returning officer shall ascertain the number of valid votes given to each candidate and the candidate, not exceeding the number of candidates to be elected by each category 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 category of electorate that is greater than the number of candidates to be elected by that category or remaining to be elected by that category of electorate, the returning officer shall determine the result of the ballot between them by lot.

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

11. (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 category 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 officer of the Department of the Marine, a copy of the statement and upon the receipt shall be deemed to be completed and the returning officer shall notify the Chief Officer of the Regional Board accordingly.

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

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

FORM I

(Title of Co-operative Society)

Nomination of a person to be a candidate for election as a member of the Management Committee

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

PART 1

The person(s) named below, being members of the same category 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 Management Committee

Full name of candidate

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

Address of candidate

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

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

Category of candidate

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

Signature of

nominator

Address of nominator

Category of

electorate of nominator

Share certificate

No(s)+

Date of signature

1.

2.

3.

4.

5.

* See (ii) under Instructions to Nominators

+ See (iv) under Instructions to Nominators

PART II

CONSENT OF THE CANDIDATE

I, ............................................................ .., being the person nominated for election as a member of the Management Committee as described in Part I of this form hereby consent to the said nomination.

My share certificate number is: ...........................................................

My share certificate number in respect of other years since the last Management Committee elections were as follows

Year

No.

Year

No.

Year

No.

Year

No.

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

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

to reach him not later than 12.00 noon on

............................................................ .................................................(a)

(a)

Insert latest date for the receipt of completed nomination forms.

INSTRUCTIONS TO NOMINATOR(S)

(i)

Class of Candidate

Insert under this heading on the form the category to which the candidate is nominated, i.e. trout or coarse fish.

(ii)

Nominator(s)

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 category of the electorate as the person he is nominating.

(iii)

Category of electorate of nominator

Each nominator should insert under this heading on the form the category of the electorate to which he belongs.

(iv)

Share Certificate No(s)

Each nominator should insert under this heading

(

a

) his/her share certificate number for the current year;

(

b

) other than in the first election share certificate numbers in the other years since the previous election.

INSTRUCTIONS TO CANDIDATE

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

(ii) The candidate must insert his share certificate number in the space(s) provided in Part II of this form. Current share certificate number only is required in respect of first election to Management Committee.

FORM 2

(Title of Co-operative Society)

Ballot for election as members of the Management Committee.

BEFORE MARKING THIS BALLOT PAPER THE INSTRUCTIONS ON TABLE 4 ATTACHED SHOULD BE READ.

Name of Candidate

Address of Candidate

Category of

Candidate (b)

Voter's Mark

(

b

) Insert class of candidate, that is: trout or coarse fish

FORM 3.

(Title of Co-operative Society).

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 category of electorate as the candidate for whom I have voted.

Signature of voter:............................................................ ............................................................ .....................

Address of voter: ............................................................ ............................................................ ......................

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

Category of electorate under which vote is cast: ............................................................ ....................

Signed in the presence of

Signature of witness:............................................................ ............................................................ ..................

Address:............................................................ ............................................................ .....................................

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

Description: ............................................................ ............................................................ ................................

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

INSTRUCTIONS FOR COMPLETING THE ABOVE FORM.

13. (1) The Committee shall meet at such times as the members of the Committee shall think fit.

(2) Each meeting of the Committee shall be held at such place as the Committee shall appoint.

(3) A Committee meeting shall at any time be called by the Secretary at the written request of the Chairman or of three members of the Committee by giving at least seven days' clear notice to the members of the Committee.

(4) The Committee may determine the quorum necessary for the transaction of business but a quorum shall not consist of less than 3 members.

(5) A Committee meeting may adjourn for such time and to such place as the members of the Committee present may determine.

(6) At a meeting of the committee the Chairman shall, if present, preside, but if the Chairman is not present at a meeting or if the office of Chairman is vacant, then the members of the Committee present at the meeting shall choose one of their number to be chairman of the meeting.

(7) Subject to the provisions of these Rules every question at a meeting of the Committee shall be determined by a majority of votes given and in case of an equality of votes the Chairman shall have a second or casting vote.

(8) The Committee shall cause minutes to be duly entered by the Secretary, in books provided for the purpose

(

a

) of the names of the Members of the Committee present at each meeting of the Committee and of any sub-committee,

(

b

) of meetings of the Committee and sub-committees having regard in particular to decisions relating to—

(i) applications for corporate members,

(ii) development projects to be undertaken,

(iii) appointment of persons or bodies to undertake work or provide services to the Society.

(9) Subject to having a quorum, the Committee may act notwithstanding a vacancy among its members.

(10) Subject to the provisions of these Rules, the Committee may regulate its own procedure and business.

Secretary.

14. (1) There shall be a Secretary of the Society who shall be appointed by the Committee.

(2) A member of the Committee may be appointed as Secretary.

(3) The Secretary's appointment may only be terminated by the Committee.

(4) The Secretary shall be responsible for maintaining the Register, shall conduct all the correspondence of the Society and the Committee, attend and keep records of all meetings of the Society and Committee and ensure that all notices required by these Rules and the Act of 1991 are duly issued.

(5) The Secretary may be assigned such other powers and duties as are determined by the Committee.

(6) The Secretary shall be paid such amounts as may be agreed with the Committee.

Auditors.

15. (1) The first auditor or auditors shall be appointed by the trustees and subsequent auditors shall be appointed by the Committee at its first meeting in each year in each case from a list of public auditors approved by the Minister for Industry and Commerce. An outgoing auditor shall be eligible for re-appointment.

(2) Subject to the foregoing provisions the appointment of auditors and the regulation of their duties shall be in accordance with

section 163

and

164

of the

Companies Act 1963

, with necessary adaptations, and for that purpose a reference to the directors shall be construed as a reference to the Committee.

Finance and Disbursement of Funds.

16. (1) The Society shall establish and maintain a development fund (hereinafter referred to as the Fund) and all moneys received by the Society shall be paid into the Fund.

(2) In the allocation of money, which must be for fisheries development work of public benefit, particular regard shall be had to the following

(

a

) the degree to which the benefits of the expenditure in terms of an enhanced fishery will ensure for the public benefit and, in particular, for visiting anglers from outside the area of the Society or outside the State, so as to benefit the economy of the Society area generally;

(

b

) expenditure of a capital nature or other nature which will have a continuing benefit beyond the period in which the expenditure is incurred;

(

c

) studies, surveys and other considerations which could form the basis for development plans.

(3) The disbursement of moneys by the Society may take the form of—

(

a

) payments to a public authority for services rendered, or work to be undertaken by the public authority, which meets the objectives of the Society;

(

b

) payments agreed, between the Society and the Regional Board to be made to the board for its assistance under Section 12 of the Act in enforcing section 9 of the Act;

(

c

) grants of not more than 50 per cent towards the cost of works undertaken by bodies such as angling clubs, tourist and other enterprises where the works meet the objects of the Society in cases where no other grants are made available from public funds;

(

d

) payments for works undertaken directly on behalf of the Society;

(

e

) expenses incurred in the establishment, promotion and operation of the Society.

The Society shall ensure that services and works are carried out on the most cost efficient basis.

(4) In deciding on its general policy in relation to disbursement, the Society shall have regard to the development programmes and plans of the regional board and ensure that they do not duplicate work to be carried out by the Regional Board, Central Board or other public authority.

(5) The Society shall be excluded from entering into any commitments or making grants or any payments which are conditioned on, or linked with, specific contributions to be made to the Society.

(6) The Society shall ensure that any services or works which it undertakes or financially supports meet any applicable legal requirements under the Fisheries Acts or any other legislation. These Rules do not in any way exempt the Society from such requirements.

(7) The Society shall ensure that it is fully insured to cover all services and works undertaken on its behalf and that it is indemnified against all claims for loss or injury which occur after their completion.

(8) The Society shall not borrow by way of overdraft or other means.

(9) If in the event of the Society being dissolved, any money remains after the satisfaction of all its debts and liabilities such money shall not be paid to or distributed among the members of the Society, but shall be given or transferred to some body (or bodies) having objects analogous to the objects of the Society the rules of which prohibit the distribution of its funds amongst its members to an extent at least as great as is imposed on the Society or by virtue of these Rules. Every such body shall be determined by the Minister on or before the dissolution.

Accounts.

17. (1) The Committee shall cause proper books of account to be kept with respect to all sums of money received and expended by the Society and the matters to which such expenditure and receipts relate, all sales or purchases of commodities by the Society and the assets and liabilities of the Society.

(2) The Committee shall cause to be prepared an income and expenditure account, a balance sheet and a report to the 31st day of December each year, and shall furnish a copy of such account, balance sheet and report, and the auditors' report thereon to the Minister.

(3) A copy of these accounts shall be made available to members of the Society on request. The Committee may ask members to furnish pre-paid envelopes in respect of postal requests.

Annual Report.

18. The Committee shall prepare as soon as may be after the commencement of each year a report in such form as may be specified by the Minister on its proceedings for the previous year and shall furnish copies of such report to the Minister and to the Board.

Notices.

19. (1) All notices required for any reason whatsoever to be given to members shall, unless served on them in person, be delivered by posting to the last address registered for such member with the Committee and in the event of a member not having registered any address then a notice posted up in the office of the Society shall after forty-eight hours from the time of such posting up be deemed to have been duly served on such member.

(2) All notices shall be signed by, or have printed at foot thereof, the name of the Secretary or other authorised person appointed by the Committee.

(3) All notices once posted in a proper manner to members shall be deemed to be well served on the day after posting and in determining the number of days' notice to be allowed in any case the day of service is to be included unless specifically excluded.

Corporate Membership.

20. (1) An angling club or any other body may apply to become a corporate member of the Society in accordance with the provisions of the Act of 1991.

(2) An application from an angling club must include the following

(

a

) a list of paid-up members duly verified by the Chairman and the Treasurer or Secretary of the club;

(

b

) a list of projects and activities undertaken by the club including any work of public benefit;

(

c

) details of vouched expenses incurred by the club in respect of outlay for public benefit;

(

d

) a statement signed by the Chairman and the Treasurer or Secretary of the club indicating the contribution which the club is prepared to make to the Society, the names and addresses of the persons it wishes to nominate and whether it wishes its nominated members to be classified in the Register as "trout angling" or "coarse fish angling" for voting purposes;

The Committee shall satisfy itself as to the bona fides of the club.

(3) Corporate membership may be granted for one year only.

(4) Angling clubs when first applying for corporate membership may provide details of activities in relation to the previous three years.

(5) Applications from angling clubs for a year subsequent to their first year of corporate membership should be accompanied by details outlining the clubs' activities during the previous year.

(6) Applications from angling clubs for corporate membership shall be submitted so as to reach the Society not later than the 1st day of December immediately preceding the year for which membership is sought.

(7) Applications from angling clubs for corporate membership for the year 1992 shall be submitted so as to reach the Society not later than a date determined by the Minister.

(8) The number of members who may be nominated by an angling club which has been granted corporate membership shall be determined by dividing the contribution being paid by the prescribed fee payable in respect of an annual share certificate subject to the following

(

a

) clubs shall contribute in cash a sum not less than ten times the fee for an annual share certificate;

(

b

) clubs may be given credit for an amount not exceeding 50 per cent of the vouched costs incurred by them on fisheries development work of public benefit;

(

c

) the amount for which credit is given shall not exceed the cash contribution made or to be made by the club.

(9) Share certificates in the names of the persons nominated by any angling club shall be issued by the Society to the persons in question on receipt of the agreed contribution from the club.

(10) A body other than an angling club seeking to become a corporate member shall indicate the contribution it wishes to make the Society, the name and address of the person it wishes to nominate for membership and whether it wishes the nominated person to be classified in the Register as "trout angling" or "coarse fish angling" for voting purposes.

(11) The minimum contribution payable by a body other than an angling club in respect of corporate membership shall be the fee for an annual share certificate.

(12) The Society shall issue a share certificate in the name of the nominated person to the body in question on receipt of its contribution for corporate membership.

Issue of Share Certificates.

21. (1) Where a person applies to the Society for the issue to him of a share certificate of a specified category and such person tenders the amount of the fee for the time being fixed for that category of share certificate then the Society or agent shall issue such share certificate to that person.

(2) A share certificate shall be in such one of the forms set out in Annex C to these rules as is appropriate.

(3) The Committee shall keep at the headquarters of the Society registers of each category of share certificate.

(4) A person purchasing an annual share certificate shall indicate at the time of purchase whether he wishes to be registered as a trout or coarse fish angler for voting purposes.

(5) (

a

) The Committee may authorise designated persons to issue share certificates on behalf of the Society on such conditions, including payment of commission, as the Committee may determine.

The Society shall notify other societies established under the Act of 1991 of the designated persons. Any person designated by any other such society whose name has been notified to the Society by such other society shall be authorised to act on behalf of the Society as if designated by it under this Rule.

(

b

) The manner of issue (the "system") shall be such as to maximise the net income of the Society and to ensure that the share certificates are issued on as wide a basis as possible so that all anglers, both local and visiting, have reasonable access to them through, inter alia, public outlets and that such outlets are widely known.

(

c

) The Society shall provide such details of its system as may be requested from time to time by the Minister.

(6) The Committee shall maintain a proper accounting procedure to record all moneys received on foot of the sale of share certificates and satisfactory records of all share certificates despatched to the designated persons authorised to issue them.

(7) Each designated person shall, at intervals agreed with the Committee but in any event not less than once every three months, furnish returns of all sales by that person of share certificates including all the details which are contained in each share certificate.

(8) The Committee shall take all steps necessary to ensure safe custody of all forms of share certificates in their possession.

Ballot on Requirement to Possess a Current Share Certificate.

22. (1) The Society shall, in accordance with the provisions of the Act of 1991, ballot its members at the same time as the first election to elect the Committee on whether it shall, be a requirement to possess a current share certificate to fish for trout and coarse fish in waters in the area. To be eligible to vote in this ballot a person must have complied with the requirement as set out in section 11 (4) (

b

) of the Act of 1991 not later than the 1st day of October in the election year.

(2) To be eligible to vote on a subsequent ballot under Section 11 (7) of the Act of 1991 a person must have complied with the requirements as set out in Section II (5) of the Act of 1991 not later than the 1st day of October in the election year.

(3) Ballots on this issue shall be conducted in accordance with the procedures as set out in Annex B to these Rules.

Amendments to Rules.

23. (1) These Rules may only be altered by the Minister with the consent of the Society or by the Society with the consent of the Minister.

(2) The Committee shall furnish the Minister with such information as he may request in this regard.

Copies of Rules.

24. A copy of these rules may be made available on payment of the sum of 50p.

ANNEX A.

ELECTIONS TO MANAGEMENT COMMITTEE.

S.I. No. 127 of 1992.

FISHERIES (AMENDMENT) ACT, 1991 (FISHERIES CO-OPERATIVE SOCIETIES) RULES, 1992.

I, MICHAEL WOODS, Minister for the Marine, in exercise of the powers conferred on me by

section 5

of the

Fisheries (Amendment) Act, 1991

(No. 26 of 1991), hereby make the following rules for the regulation of fisheries co-operative societies established under section 4 of that Act