Local Elections

Table of Contents

LOCAL ELECTIONS (PETITIONS AND DISQUALIFICATIONS) ACT, 1974

AN ACT TO MAKE PROVISION IN RELATION TO LOCAL ELECTION PETITIONS, TO MAKE PROVISION IN RELATION TO MEMBERSHIP DISQUALIFICATIONS WITH REGARD TO LOCAL AUTHORITIES, TO ENABLE CERTAIN RESTRICTIONS ON HOLDING OFFICE UNDER OR BEING EMPLOYED BY A LOCAL AUTHORITY TO BE MODIFIED, TO REPEAL CERTAIN ENACTMENTS RELATING TO LOCAL ELECTIONS AND TO MAKE OTHER PROVISIONS CONNECTED WITH THE FOREGOING. [15th May, 1974]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1.—(1) In this Act—

“the Act of 1941” means the Local Government Act, 1941 ;

“the Act of 1963” means the Electoral Act, 1963 ;

“clerk” means the town clerk of the corporation of a county or other borough, the council of an urban district or the commissioners of a town;

“costs” includes charges and expenses;

“county”, except where the context otherwise requires, includes a county borough;

“electoral offences” means offences under any statute or statutory instrument relating to local elections;

“local authority” means the council of a county, the corporation of a county or other borough, the council of an urban district, or the commissioners of a town;

“local election” means an election held pursuant to section 81 of the S.I Act of 1963 or a new election within the meaning of Part IV of the Act of 1941;

“local electoral area” means the area or any of the areas (as may be appropriate) by reference to which a local election is held;

“member” includes a lord mayor, mayor, chairman, vice-chairman, alderman, councillor and a commissioner of a town;

“the Minister”, except where the context otherwise requires, means the Minister for Local Government;

“petition” means a petition presented under this Act;

“returning officer” means the secretary or clerk of a local authority and includes a person appointed by such secretary or clerk to act as a deputy returning officer for the election of members of such authority;

“secretary” means the secretary of a county council.

(2) Any reference in this Act to any other enactment shall, except so far as the context otherwise requires, be construed as a reference to that enactment as amended or applied by or under any other enactment (including this Act).

(3) Any reference in this Act to a meeting or member of a local authority shall, where the local authority in question is the corporation of a county or other borough, be construed as a reference to a meeting or member of the council established by law in respect of such county or other borough.

(4) Any reference in this Act to a particular officer shall be construed as including a reference to any person duly appointed either as deputy for such officer or to act in the place of such officer during his absence or incapacity or during a vacancy in his office.

Questioning of local election.

2.—(1) A local election may, and may only, be questioned by a petition to the Circuit Court.

(2) Where it appears to the Attorney General that a local election may have been affected by the commission of electoral offences, he may question the election pursuant to subsection (1) of this section.

Security for costs.

3.—(1) A petition, other than a petition presented by the Attorney General, shall not be accepted for lodgement with the court unless the petitioner lodges with the petition security for costs which may become payable by him.

(2) The security required to be given by subsection (1) of this section shall be an amount of three hundred pounds and shall be given either by recognisances entered into by any number of sureties satisfactory to the court not exceeding four or by a deposit of money, or partly in one way and partly in the other.

Presentation of petition.

4.—(1) A petition may be presented by any person who has reached the age of eighteen years and shall be presented by being lodged in the office of the county registrar for the county in which is situate the principal office of the local authority to which the petition relates.

(2) Subject to subsection (3) of this section, a petition shall not be presented save within the twenty-eight days next after the result of the election is declared.

(3) Subject to section 19 of this Act, where a petition alleges bribery and specifically alleges a payment or other consideration to have been made or to have passed after the result of the local election was declared, notwithstanding the fact that another petition relating to the same election may have been previously presented or tried, the petition may be presented within the twenty-eight days next after the day on which the said payment or consideration is alleged to have been made or to have passed.

(4) Where a petition has been lodged with the court, as soon as may be the petitioner shall give a copy of the petition—

(a) to any person to whose election the petition relates,

(b) to the Minister,

(d) except in the case of a petition presented by the Attorney General, to the Attorney General.

Grounds for petition.

5.—(1) Subject to section 82 (6) of the Act of 1963, a local election may be questioned on the grounds of want of qualification, obstruction of or interference with or other hindrance to the conduct of the election, or mistake or other irregularity which, if established, are likely to have affected the result of the election and without prejudice to the generality of the foregoing, any of the following grounds may be specified in a petition:

(a) a local election was affected by error or was not completed or was otherwise not conducted by the returning officer in accordance with law,

(b) a local election was affected by electoral offences,

(c) a person at a local election was, on the date of his nomination, not qualified for membership of the relevant local authority.

(2) Notwithstanding any other provision of this Act, a petition shall not be dismissed on account of an informality in its contents which does not materially affect its substance.

Particulars in petition.

6.—A petition shall specify—

(a) the local election to which it relates,

(b) the grounds on which it is based,

(d) the name and address of the petitioner and his solicitor or agent, if any,

and shall be signed by the petitioner.

Trial of petition.

7.—(1) A petition shall be tried by a Judge of the Circuit Court assigned for the time being to the circuit in which is situate the principal office of the local authority to which the petition relates and references in this Act to the court shall, save where the context otherwise requires, be construed as references to the Circuit Court.

(2) The following provisions shall have effect in relation to the trial of a petition:

(a) in fixing the date for and conducting the trial, the court shall deal with the matter as soon as is reasonably possible;

(b) the trial shall take place in the county in which is situate the principal office of the local authority to which the petition relates;

(c) notwithstanding the death of any person to whose election a petition relates, his resignation as a member of the relevant local authority or his otherwise ceasing to be such member, the trial shall be continued until its result is determined;

(d) the Attorney General may at any stage be represented at and take part in the trial as a party, whether of his own motion or at the request of the court;

(e) the returning officer for the relevant local election shall, at the request of the court, attend the trial and give such assistance as shall be requested of him by the court, but without prejudice to his being a party to the proceedings or being called as a witness by any such party.

(3) Any party to a petition may appeal on a question of law to the Supreme Court against a decision of the court on the petition and subject to the foregoing the decision shall be final and not appealable.

(4) A petition shall, for the purposes of section 22 of the Courts (Supplemental Provisions) Act, 1961 , be an action within the meaning of Part III of that Act.

Counting of votes afresh.

8.—(1) The court may, for the purposes of the trial of a petition, if it thinks fit, order—

(a) that all the votes cast at the election shall be counted afresh,

(b) that all the votes so cast in a particular electoral area shall be so counted, or

and where the court so orders, the provisions of the following subsections shall have effect.

(2) Votes to which an order under this section relates shall be counted afresh under the direction of the court and, subject to subsections (3) and (4) of this section and to such modifications (if any) as the court considers necessary, the provisions of any regulations made by the Minister under section 82 of the Act of 1963 relating to the counting of votes at a local election shall apply to such counting.

(3) Where votes are counted afresh pursuant to an order under this section, the court shall cause the following to be ignored:

(a) preferences recorded on ballot papers which are invalid by virtue of regulations made by the Minister pursuant to section 82 of the Act of 1963,

(b) preferences recorded on forged or counterfeited ballot papers, and

(c) preferences recorded for any person who, with respect to the relevant election, is found by the court not to have been qualified for membership of the local authority.

(4) The court shall have power to reverse any decision of a returning officer at the original count.

(5) The costs of giving effect to an order under this section shall be paid by the local authority concerned.

Withdrawal of petition.

9.—(1) A petition shall not be withdrawn without the leave of the court and in giving such leave the court shall be satisfied that the notice given by the petitioner pursuant to subsections (3) and (4) of this section was reasonable, and in addition to the foregoing, where a petition is presented by more than one petitioner the court, before giving such leave, shall be satisfied that all the petitioners agree to the withdrawal.

(2) Except in the case of a petition presented by the Attorney General, when applying for leave for the withdrawal of the petition, the petitioner shall submit to the court an affidavit stating:

(a) the reasons for the proposed withdrawal, and

(b) that, to the best of the petitioner’s knowledge and belief, neither an agreement nor an undertaking has been made or entered into in relation to the withdrawal of the petition in consideration of any payment or the cesser of membership of a local authority or for any substantial reason not stated in the affidavit.

(3) Notice of intention to apply for leave to withdraw a petition shall be given by the petitioner by the publication in at least two newspapers circulating in the local electoral area to which the petition relates of a notice to that effect and the notice shall also state the time and place at which the application will be heard and that any person may apply to the court to be substituted for the petitioner.

(4) Except in the case of a petition presented by the Attorney General, a copy of the affidavit mentioned in subsection (2) of this section together with notice of the time and place at which the application will be heard shall be given by the petitioner to the Attorney General who may be represented at, and if he thinks fit, oppose the application.

(5) Where the petition has been presented by more than one petitioner, the affidavit mentioned in subsection (2) of this section shall, unless the court otherwise directs, be made by all the petitioners.

(6) The withdrawal of a petition pursuant to this section shall not affect the liability of any person (or of his estate) for the payment of costs previously incurred.

Penalty for corrupt withdrawal of petition.

10.—A person who makes any agreement or enters into any undertaking in relation to the withdrawal of a petition in consideration of any payment or the cesser of membership of a local authority or for any substantial reason not stated in the affidavit referred to in section 9 (2) of this Act shall be guilty of an offence and shall, on conviction on indictment, be liable to imprisonment for any term not exceeding three months or to a fine not exceeding three hundred pounds or, at the discretion of the court by whom he is convicted, to both such fine and such imprisonment.

Substitution of new petitioner following withdrawal.

11.—(1) On the hearing of an application for leave to withdraw a petition, any person may apply to the court to be substituted as a petitioner, and the court may, if it thinks fit, substitute him accordingly.

(2) In case the court substitutes a petitioner under subsection (1) of this section and is of opinion that the application for leave to withdraw the petition was the result of any agreement or undertaking the making of which or the entering into which is declared by section 10 of this Act to be an offence, the court may direct that the security for costs given by the original petitioner shall remain as security for the costs that may be incurred by the substituted petitioner and that, to the extent of the sum named in the security, the original petitioner and his sureties, if any, shall be liable to pay the costs of the substituted petitioner.

Substituted petitioners.

12.—(1) Subject to section 11 (2) of this Act, a substituted petitioner shall, as nearly as may be, stand in the same position and be subject to the same liabilities as the original petitioner.

(2) In case the court substitutes a petitioner under section 11 of this Act and does not make a direction under subsection (2) of that section, or in case the court substitutes a petitioner under section 13 of this Act, the security required by section 3 of this Act in the case of a new petition, and subject to the like conditions, shall be given by the substituted petitioner, and in case such security is not so given no further proceedings shall be had on the petition and the petition shall abate, but the abatement shall not affect the liability of any person (or of his estate) for the payment of costs previously incurred.

Abatement of petition.

13.—(1) A petition shall be abated by the death of a sole petitioner or of the survivor of several petitioners.

(2) The abatement of a petition by virtue of subsection (1) of this section shall not affect the liability of the petitioner or any other person (or of his estate) for the payment of costs previously incurred.

(3) At any time within the fourteen days next after the day of any such abatement, any person may apply to the court to be substituted as a petitioner and the court may, if it thinks fit, substitute him accordingly, and in case the court makes an order under this section the petition shall thereupon be revived.

Matters relating to final order on trial of petition.

14.—(1) At the trial of a petition which the court does not dismiss, the court shall determine the matter at issue in the petition and shall in its order determining the petition include either—

(a) a declaration of the correct result of the local election, or

(b) if it considers that it is unable to determine the correct result of the election, a declaration that the whole of the election or a specified part of the election was void together with a statement of its reasons for making the declaration.

(2) The court shall have power to make such amendments in the return of persons elected made to a local authority by a returning officer as it considers necessary in consequence of its decision on a petition.

(3) A copy of the order determining the petition shall be given forthwith by the court to each of the following, namely, any person to whose election the order relates, the Minister, the secretary or clerk of the relevant local authority and the Attorney General.

Effect of certain declarations by court.

15.—(1) Where the order of the court relating to a petition declares that a person was not duly elected as a member of a local authority or was not qualified for membership of a local authority or that the whole or part of a local election was void, the person to whom the declaration relates, or any person elected at such void election or void part of an election (as the case may be) shall cease to be a member of the local authority on (but not before) the day next following the day on which a copy of the order of the court given pursuant to section 14 of this Act is received by the secretary or clerk of the local authority and, subject to section 16 of this Act and subsection (2) of this section, a vacancy shall exist accordingly.

(2) Where an order mentioned in subsection (1) of this section declares that, in the place of any person declared by the order not to have been duly elected or not to have been qualified for membership of a local authority, a specified other person was ascertained to have been elected, that other person shall stand elected as a member of the local authority on (but not before) the day next following the day on which a copy of the order is received as aforesaid by the secretary or clerk of the local authority.

(3) Subject to section 16 of this Act, where an order of the court determining a petition does not contain a declaration described in subsection (2) of this section, the vacancies occurring as a result of the order in the membership of the local authority concerned shall be treated and filled as casual vacancies.

(4) As soon as practicable after a copy of an order is given to him pursuant to section 14 of this Act, the secretary or clerk shall give notice to each member of the local authority of the terms of the order.

(5) Where a person has been returned as a member of a local authority and, subsequent to being so returned, the person sits, votes or otherwise participates as a member in the business of the authority or purports to do anything by virtue of membership of the authority and is also declared by the court not to have been duly elected to serve as a member of the authority or not to have been qualified for membership of the authority, for the avoidance of doubt it is hereby declared that anything done by the person while so participating and anything purporting to have been so done, either on or before the day on which a copy of the said order is received as aforesaid by the secretary or clerk of the local authority shall, notwithstanding the order, be valid and effectual.

(6) Where an order under this section disqualifies a person from membership of a local authority, he shall cease to be a member of any other body to which he had been appointed to represent that local authority.

Matters consequential on petition.

16.—Where as a result of the determination by a court of a petition an election is declared void or the number of persons validly elected to membership of a local authority is less than the quorum required for meetings of the authority, the following provisions shall apply:

(a) the election to which the petition relates shall be deemed not to have been held and the persons elected at such election shall be deemed not to have come into office,

(b) every act done after the completion of such election and on or before the day on which a copy of the order determining the petition is received by the secretary or clerk of the local authority which was done by the persons or any one or more of the persons declared elected at such election and which purported to be an act of the local authority shall be as valid and effectual as if all the persons declared elected at such election had been validly elected and qualified to act as members of the local authority,

(c) every such act which was done by an individual person declared elected at such election and subsequently elected to the office of chairman, vice-chairman, lord mayor or mayor of the local authority and which purported to be an act done by virtue of the said office shall be as valid and effectual as if all the persons declared elected at such election had been validly elected and qualified to act as members of the local authority and the individual person had been validly elected to the said office, and

(d) subject to the foregoing provisions of this section, Part IV of the Act of 1941 shall have effect in relation to the local authority as if the members thereof had, immediately after coming into office, been removed from office under that Part or, if such election was a new election within the meaning of that Part, as if such members had again been so removed from office under that Part.

New election in certain cases.

17.—Where as a result of a court order the number of persons validly elected in an electoral area is less than a majority of such members the election shall be deemed not to have taken place and a new election shall take place in that electoral area under Part IV of the Local Government Act, 1941 .

No action to be taken in certain circumstances to fill vacancy in local authority.

18.—Except by an election of all the members of a local authority, no action shall be taken to fill a vacancy in the membership of a local authority caused by the death or cesser of such membership of a person who has died or resigned or otherwise ceased to be such member while the trial of a petition relating to him is pending or proceeding.

Validity of local election.

19.—Where a local election is not questioned by a petition within the period of twelve months beginning on the day on which the result is declared, as on and from the expiration of that period the election shall not be questioned on any grounds and the election shall be deemed to be valid for all purposes.

Witnesses.

20.—(1) The court shall be entitled of its own volition, at any time during the trial of a petition, to direct that a particular person shall be brought before the court and shall give evidence at the trial, and where the court so directs the costs of bringing the person before the court (including any moneys payable to him as witness’s expenses) shall be regarded as part of the costs of the petition.

(2) Subject to subsection (3) of this section, a person who is called as a witness at the trial of a petition shall not be excused from answering any question relating to any offence at or connected with the relevant local election on the ground that the answer thereto may incriminate or tend to incriminate him or on grounds of privilege; provided that—

(a) a witness who satisfies the court that he has answered truly all the questions which he is required by the court to answer shall be entitled to receive from the court a certificate stating that the witness has so answered, and

(b) an answer by a witness who has received such a certificate to a question put at the trial of a petition shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be in any proceeding, civil or criminal, admissible in evidence against him.

(3) A person shall not at the trial of a petition be required to indicate how or for whom he voted.

(4) Nothing in this section shall be construed as affecting the right of any party to a petition to call any person as a witness.

Costs of petition.

21.—(1) All costs, other than the costs of counting votes afresh under section 8 of this Act, of and incidental to a petition shall be in the discretion of the court which shall have power to order such costs or any part of such costs of any party to the petition to be paid by any other such party, and, where the costs or any part of the costs of any such party are so ordered to be paid by the petitioner, the court shall, where necessary, make provisions for the payment of those costs, to the extent of the amount named in the security given by the petitioner, out of or by means of such security.

(2) Without prejudice to subsection (1) of this section, where on the trial of a petition, it appears to the court that any person or persons committed electoral offences in relation to the relevant election, the court may, after giving the person or persons an opportunity of being heard to show cause why the order should not be made, if it so thinks fit order the whole or part of the costs of the petition other than the costs of counting votes afresh under section 8 of this Act to be paid by that person, or those persons or any of them, and may order that in case such costs cannot be wholly recovered from the person or persons they shall be paid by some other or others of those persons.

Costs awarded against returning officer.

22.—(1) Subject to subsection (2) of this section, costs awarded against a returning officer at the trial of a petition shall be paid by the local authority concerned.

(2) Where the court is satisfied that the returning officer has been grossly negligent in the discharge of his duties, the court may order that the officer shall be liable for any costs awarded against him by the court.

(3) Where an order is made under the foregoing subsection any costs awarded against an officer which are paid out of moneys provided by the local authority concerned shall be a debt due to the authority by the officer, and such debt, in default of being discharged, shall be recoverable as a simple contract debt in any court of competent jurisdiction.

Statement of case to Supreme Court.

23.—(1) At any stage of the trial of a petition the court may, if it so thinks proper, on its own motion or on the application of any party to the petition, state a case for the opinion of the Supreme Court on any question of law arising at the trial.

(2) Notwithstanding anything contained in this Act, where a case is stated under this section the court shall not determine the petition until the Supreme Court has given its decision and may adjourn the trial or any part thereof until such decision is given.

(3) Costs incurred in relation to a case stated under this section shall for all purposes be part of the costs incurred in relation to the petition.

Removal of certain disqualifications for membership of local authorities and certain related bodies.

24.—Each of the following disqualifications is hereby removed, namely,

(a) the disqualification for membership of a local authority, of an alien, a person who is in holy orders or is a minister of any religious denomination or a person holding a paid office or place of profit under a local authority, and

(b) the disqualification for membership of a vocational education committee or a committee of agriculture of an alien or a person holding a paid office or place of profit under the committee,

and accordingly,

(i) section 58 of the Municipal Corporations (Ireland) Act, 1840, section 94 (1) of the Local Government (Ireland) Act, 1898, shall cease to have effect,

(ii) paragraph (a) of Article 12 (4) of the Schedule to the Local Government (Application of Enactments) Order, 1898, shall be construed and have effect as if “or an alien” were deleted,

(iii) paragraph (d) of the said Article 12 (4) shall cease to have effect, and

(iv) section 3 of the Agriculture (Amendment) Act, 1944 , and section 2 of the Vocational Education (Amendment) Act, 1944 (which sections apply the said Article 12 (4) to committees of agriculture and vocational education committees, respectively), shall have effect as if the references therein to Article 12 of the said Schedule as amended by any subsequent enactment were references to the said Article 12 as amended by any subsequent enactment including this section.

Modification of restriction on holding office or being employed under local authorities and certain related bodies.

25.—(1) (a) The Minister may for the purpose of paragraph (b) of this subsection by order designate a class, description or grade of offices or employments.

(b) For so long as an order under this subsection is in force, section 21 (1) of the Local Government Act, 1955 , shall not apply as regards an office or employment which is of a class, description or grade designated by the order.

(2) (a) The Minister for Education may, after consultation with the Minister, for the purpose of paragraph (b) of this subsection by order designate a class, description or grade of offices or employments.

(b) For so long as an order under this subsection is in force, section 70 (1) of the Local Government Act, 1925 , as applied by section 26 of the Vocational Education Act, 1930 , shall not apply as regards an office or employment which is of a class, description or grade designated by the order.

(3) (a) The Minister for Agriculture and Fisheries may, after consultation with the Minister, for the purpose of paragraph (b) of this subsection by order designate a class, description or grade of offices or employments.

(b) For so long as an order under this subsection is in force section 70 (1) of the Local Government Act, 1925 , as applied by section 20 of the Agriculture Act, 1931 , shall not apply as regards an office or employment which is of a class, description or grade designated by the order.

(4) The Minister of State by whom an order under this section (including an order under this subsection) is made may by order amend or revoke the order; provided that in case the Minister of State concerned is not the Minister, an order under this subsection shall only be made after consultation with the Minister.

(5) Every order made before the 1st day of July, 1975, under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the order is passed by either such House within the next twenty-one days on which that House has sat after the order is laid before it, the order shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

(6) Section 70 (1) of the Local Government Act, 1925 , as applied by section 26 of the Vocational Education Act, 1930 , or by section 20 of the Agriculture Act, 1931 , shall have effect as if “or within twelve months after he has ceased to be” were deleted.

(7) Where an order under this section is proposed to be made on or after the 1st day of July, 1975, a draft thereof shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each House of the Oireachtas.

Service of documents.

26.—Where a copy of an order, petition or other document is required by this Act to be given to a person, it shall be addressed to him and shall be given to him in some one of the following ways:

(a) by delivering it to him;

(b) by leaving it at the address at which he ordinarily resides or, in a case in which an address for service has been furnished, at that address;

(c) by sending it by post in a prepaid registered letter addressed to him at the address at which he ordinarily resides, or in a case in which an address for service has been furnished, at that address.

Repeals.

27.—The enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

Short title and collective citation.

28.—(1) This Act may be cited as the Local Elections (Petitions and Disqualifications) Act, 1974.

(2) The Local Elections Acts, 1963 to 1973, and this Act may be cited together as the Local Elections Acts, 1963 to 1974.

SCHEDULE

Enactments Repealed

Section 27 .

Session and Chapter or Number and Year

Short Title

Extent of Repeal

41 and 42 Vict., c. 52

Public Health (Ireland) Act, 1878.

In section 270, all the words from “; and if any member of any such authority or board shall so act,” to the end of the section.

45 and 46 Vict., c. 50

Municipal Corporations Act, 1882.

So much of the Act as relates to election petitions.

47 and 48 Vict., c. 70

Municipal Elections (Corrupt and Illegal Practices) Act, 1884.

So much of the Act as relates to election petitions.

No. 55 of 1936

Local Authorities (Miscellaneous Provisions) Act, 1936.

Sections 4 and 5.

No. 23 of 1941

Local Government Act, 1941 .

Section 46 .

No. 9 of 1955

Local Government Act, 1955 .

Section 21 (3).

LOCAL GOVERNMENT ACT 1991

PART III

Local Elections and Related Matters

Prohibition of plural voting.

S.I. No. 128 of 1965 .

10.—(1) A person shall not vote or apply for a ballot paper—

(a) more than once at an election of the members of a local authority (otherwise than under Article 44 of the Local Elections Regulations, 1965),

(b) at an election of the members of more than one local authority of the same class held at the same local elections, or

(c) at both an election of the members of the corporation of a county borough and an election of the members of a local authority of the class specified in subsection (2) (b) held at the same local elections.

(2) For the purposes of this section, local authorities shall be deemed to consist of the following two classes:

(a) the councils of counties and the corporations of county boroughs, and

(b) the corporations of boroughs that are not county boroughs, the councils of urban districts and the commissioners of towns.

(3) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding £1,000 or to both.

(4) Article 89 (1) (b) of the Local Elections Regulations, 1965, is hereby revoked.

Amendment of Local Elections Regulations, 1965.

S.I. No. 128 of 1965

11.—The Local Elections Regulations, 1965, are hereby amended—

(a) in Article 6, by the insertion in paragraph (3), after “election”, of “(other than the election to be held in the year 1991)”,

(b) in Article 46—

(i) in paragraph (1), by the substitution of the following question for question (b):

“(b) Have you already voted at these elections for this or any other local authority?”,

and

(ii) in paragraph (2), by the substitution of the following form for the form of oath or affirmation:

“I swear by Almighty God (or do solemnly, sincerely and truly declare and affirm — as the case may be) that I am the person registered as AB in the register of local government electors now in force for the local electoral area of ____ and that I have not already voted at these elections for this or any other local authority and that I had attained the age of 18 years on___ (date of coming into force of the register)”.

Local electoral areas in county boroughs.

12.—(1) The Minister may by order—

(a) subject and without prejudice to Part V , divide a county borough into local electoral areas, and

(b) fix for each local electoral area the number of members of the council of the county borough to be elected therefor and the number of those members who are to be aldermen.

(2) The number of members of the council of a county borough to which an order under this section relates to be elected at an election of members of the council held after the making of the order for each local electoral area specified in the order shall (without prejudice to any subsequent such order) be the number fixed by the order for the local electoral area.

(3) Where on the commencement of this section an order is in force dividing a county borough into local electoral areas or fixing the number of members for each local electoral area, the order shall, notwithstanding section 4 , continue in force in relation to the county borough as if it were an order under this section.

(4) The Minister may by order—

(a) amend or modify any division made by an order under this section (including an order under this subsection) or alter the number of members of the council of any county borough to be elected by virtue of an order under this section (including an order under this subsection or an order deemed by subsection (3) to be an order under this section) in respect of any local electoral area in such county borough, or

(b) alter the number of such members who are to be aldermen.

(5) Those members of the council of a county borough who are not aldermen shall be councillors.

(6) An order under this section shall have effect for the purpose of the election of members of the council of that county borough held next after the order is made and thereafter.

Disqualification of Ministers of Government and Ministers of State for membership of local authorities.

13.—(1) A person who is a Minister of the Government or a Minister of State shall be disqualified—

(a) for being elected, chosen or appointed as a member of a local authority, or

(b) for being a member of a local authority on or after the commencement of the term of office of the members elected to that authority in the local elections held in the year 1991 or subsequently.

(2) Where a person who is a member of a local authority is appointed after the passing of this Act to hold office as a Minister of the Government or as a Minister of State, he shall on such appointment cease to be a member of the authority.

Postponement of local elections for certain local authorities.

14.—(1) There shall not be an election of members of a local authority at the local elections next occurring after the commencement of this section.

(2) The term of office of the members of a local authority current on the commencement of this section shall stand extended so as to terminate on such date as may be provided for by law.

(3) In this section “local authority” does not include the council of a county or the corporation of a county borough or, subject to Part IV , the corporation of Dún Laoghaire.

Extension of term of office of certain members of certain harbour authorities.

15.—(1) The term of office of those members of a harbour authority (within the meaning of the Harbours Act, 1946 ) who are appointed by a local authority (within the meaning of section 14 ) current on the commencement of this section shall stand extended so as to terminate on such date as may be provided for by law.

(2) The year 1991 shall be deemed not to be an election year as respects local authorities (within the meaning aforesaid) for the purposes of sections 10 (1) (a) and 14 (2) of the Harbours Act, 1946 .

Extension of term of office of certain members of certain vocational education committees.

16.—(1) The term of office of—

(a) the members of a vocational education committee for an urban district vocational education area elected by a local authority (within the meaning of section 14 ), and

(b) those members of a vocational education committee for a county vocational education area who are elected by a local authority (within the meaning of section 14 ),

shall stand extended so as to terminate on such date as may be provided for by law.

(2) A quinquennial meeting of a vocational education committee referred to in subsection (1) (a) shall not be held in the year 1991.

(3) For the avoidance of doubt, it is hereby declared that the year 1991 shall be an election year in relation to vocational education committees for counties, the Dún Laoghaire Vocational Education Committee and the Galway City Vocational Education Committee for the purposes of the Vocational Education Act, 1930 .

S.I. No. 573/2014 –

Local Government Act 1991 (Regional Assemblies) (Establishment) Order 2014.

LOCAL GOVERNMENT ACT 1991 (REGIONAL ASSEMBLIES) (ESTABLISHMENT) ORDER 2014

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 23rd December, 2014.

The Minister for the Environment, Community and Local Government, in exercise of the powers conferred on him by sections 3 and 43 (inserted by section 62 of the Local Government Reform Act 2014 (No. 1 of 2014)) of the Local Government Act 1991 (No. 11 of 1991) (as adapted by the Environment, Heritage and Local Government (Alteration of Name of Department and Title of Minister) Order 2011 ( S.I. No. 193 of 2011 )), by section 115 of the Local Government Act 2001 (No. 37 of 2001) and by sections 4 and 62 of the Local Government Reform Act 2014 (No. 1 of 2014) and with the consent of the Minister for Public Expenditure and Reform, hereby orders as follows:-

Part 1

Preliminary and general

Citation

1. This Order may be cited as the Local Government Act 1991 (Regional Assemblies) (Establishment) Order 2014.

Interpretation

2. (1) In this Order—

“Act of 1991” means the Local Government Act 1991 (No. 11 of 1991);

“Act of 2000” means the Planning and Development Act 2000 (No. 30 of 2000);

“Act of 2001” means the Local Government Act 2001 (No. 37 of 2001);

“Association of Irish Local Government” means an association under section 225 of the Local Government Act 2001 (No. 37 of 2001);

“2015 establishment day” means the day on which this Order comes into operation;

“Committee of the Regions” has the same meaning as it has in Article 4 of the Treaty Establishing the European Economic Community (as inserted by the Treaty on European Union);

“contract of employment” has the same meaning as it has in the Protection of Employees (Fixed-Term Work) Act 2003 (No. 29 of 2003);

“constituent local authority” means, with respect to the area constituting a region, the county council, city council or city and county council specified in column (2) of Schedule 1 opposite the title of that regional assembly specified in column (3) of that Schedule;

“Director of Audit” means a person appointed under section 116 of the Local Government Act 2001 (No. 37 of 2001);

“dissolved regional assembly” means a regional assembly in existence immediately before the 2015 establishment day and dissolved by virtue of Article 62 and shall be read in accordance with column (1) of Schedule 4;

“dissolved regional authority” means a regional authority dissolved by virtue of the Local Government Act 1991 (Regional Authorities) (Amendment) Order 2014 ( S.I. No. 228 of 2014 );

“fixed-term employee” has the same meaning as it has in the Protection of Employees (Fixed-Term Work) Act 2003 (No. 29 of 2003);

“Greater Dublin Area” has the meaning given to it by section 3 of the Dublin Transport Authority Act 2008 (No. 15 of 2008);

“Minister” means the Minister for the Environment, Community and Local Government;

“National Spatial Strategy” means the ‘National Spatial Strategy: 2002–2020’ published by the Government on 28 November 2002, or any document published by the Government which amends or replaces that strategy;

“Order of 1999” means the Local Government Act 1991 (Regional Authorities) (Establishment) Order 1999 ( S.I. No. 226 of 1999 );

“public authority” has the meaning given to it by section 2 of the Local Government Act 2001 (No. 37 of 2001);

“public body” has the meaning given to it by section 22A(5) of the Planning and Development Act 2000 (No. 30 of 2000);

“recognised trade union or staff association” has the meaning given to it by paragraph 4(6) of Schedule 4 to the Local Government Reform Act 2014 (No. 1 of 2014);

“regional assembly” means a regional assembly established by this Order and “region” shall be construed accordingly;

“regional spatial and economic strategy” has the meaning given to it in Chapter III of Part II of the Planning and Development Act 2000 (No. 30 of 2000);

“successor regional assembly” shall be read in accordance with Article 62 and column (2) of Schedule 4;

“strategic planning area” shall be read in accordance with Article 42 and Schedule 3.

Commencement

3. This Order comes into operation on 1 January 2015.

Part 2

Regional assembly areas, establishment, constitution, membership and related provisions

Establishment and constitution

4. (1) Each area described in column (2) of Schedule 1 shall constitute a region within the meaning of and for the purposes of section 43 of the Act of 1991, and shall be called and known by the name specified in column (1) of that Schedule opposite the description of that area.

(2) There is established in respect of each region specified in column (1) of Schedule 1, a regional assembly to be called and known by the title specified in column (3) of that Schedule opposite the name of the region, and the headquarters of each such regional assembly shall be at the location specified in column (5) of that Schedule opposite the name of the region.

Number of members of regional assembly and appointments

5. (1) A regional assembly specified in column (3) of Schedule 1 shall consist of the number of members specified in column (4) of that Schedule opposite the mention in the said column (3) of that regional assembly.

(2) Every member of a regional assembly shall be appointed by the constituent local authority of which such person is a member.

(3) The number of persons to be appointed to be members of a regional assembly by a constituent local authority shall be as follows:-

(a) in the case of the council of the city of Dublin, 7,

(b) in the case of the council of the county of Cork, 5,

(c) in the case of the councils of the counties of Donegal, Dun Laoghaire — Rathdown, Fingal, Galway, Kerry, Kildare, Mayo, Meath, South Dublin, Tipperary, Wexford and Wicklow and the council of the city and county of Limerick, 3 each, and

(d) in every other case, 2 each.

Timing of appointments

6. (1) In respect of the first term of office of members of a regional assembly, with effect from the 2015 establishment day to the end of that term and as provided for in Article 7, the members of a regional assembly specified in column (3) of Schedule 1 shall be those appointed by a local authority for a local government area specified in column (2) of that Schedule, opposite the title of that assembly in column (3), to a dissolved regional assembly in 2014 in accordance with the provisions of the Order of 1999.

(2) In respect of every other term of office of members of a regional assembly, the persons to be appointed by a local authority in accordance with Article 5 to be members of a regional assembly shall be appointed at the annual meeting of such local authority held next after every election of the members of such local authority, or so soon thereafter as may be.

Tenure of office of members

7. Every member of a regional assembly shall hold office (unless the member sooner dies, resigns or becomes disqualified or membership terminates under Article 10) until the day after the next appointment of members of that assembly in accordance with Article 5.

Disqualification from membership

8. A person is disqualified from being a member of a regional assembly where that member ceases to be (or is disqualified from being) a member of the local authority by which such person was appointed to be a member of the regional assembly.

Resignation from membership

9. A member of a regional assembly may at any time resign from membership of the assembly by giving signed notice in writing to the director of the assembly and the resignation shall take effect from the date of the receipt of the notice by the director.

Resignation from membership due to continuous absence

10. A person shall be deemed to have resigned from membership of a regional assembly where the person is absent from attendance at any meeting of the assembly for a continuous period of 6 consecutive months (“the relevant period”) from the date of his or her last attendance at a meeting of the assembly (“the relevant date”), except where the absence was due to illness or in good faith for another reason approved by the regional assembly before the expiry of that period when the relevant period shall stand extended to 18 months after the relevant date.

Attendance at meeting abandoned due to failure to obtain a quorum

11. Where a meeting of a regional assembly is abandoned because of a failure to obtain a quorum, the names of the members who attended at the time and place appointed for the holding of the meeting shall be recorded and those members shall be deemed to have attended a meeting of the assembly for the purposes of Article 10 or for the purpose of any allowance payable in accordance with this Order or with any directions given by the Minister.

Cessor of membership of other bodies

12. A person who ceases to be a member of a regional assembly under Article 8, 9, or 10 also ceases to be a member of any body to which he or she was nominated or appointed by, or by virtue of membership of, the regional assembly, including the Committee of the Regions.

Savers (membership)

13. Nothing in Article 8 or 10 shall be read so as to affect the validity of anything previously done by the person while a member of the regional assembly or the Committee of the Regions or any other body concerned.

Casual vacancies

14. (1) A casual vacancy in the membership of a regional assembly occurs where a member is disqualified, or resigns, or is deemed to have resigned in accordance with Article 8, 9 or 10, or upon the death of a member.

(2) A casual vacancy shall, as soon as may be, be filled by the local authority which appointed the member in accordance with Article 5.

Savers (vacancies)

15. (1) A regional assembly may act notwithstanding a vacancy or more than one vacancy among its members.

(2) Without prejudice to the requirements of Article 45, the acts, decisions and proceedings of a regional assembly shall not be invalidated only because of a vacancy or vacancies in its membership or because of the disqualification or want of qualification of any of its members or any defect in appointment of a member.

Cathaoirleach and Leas-Chathaoirleach

16. (1) A regional assembly shall, from time to time, elect one of its members to be the Cathaoirleach and one of its members to be the Leas-Chathaoirleach of the assembly in accordance with the procedures set out in Schedule 2.

(2) The Cathaoirleach shall take precedence at all meetings of the regional assembly.

(3) Anything authorised or required by this Order or by a direction given by the Minister or otherwise by law to be done by, to, or with the Cathaoirleach of the assembly may, where necessary, be done by, to or with the Leas-Chathaoirleach.

(4) Where a casual vacancy occurs in the office of Cathaoirleach of a regional assembly, the Leas-Chathaoirleach shall assume the responsibilities of the office pending the election of a Cathaoirleach, in accordance with this Article.

Tenure of office of Cathaoirleach and Leas-Chathaoirleach

17. A Cathaoirleach or Leas-Chathaoirleach shall hold office for the period specified by the assembly when making the appointment unless—

(a) such person ceases to be, resigns or becomes disqualified from being a member of that assembly,

(b) such person resigns from the office of Cathaoirleach or Leas-Chathaoirleach in accordance with Article 18, or

(i) for which not less than two-thirds of the members of the regional assembly present vote in favour, and

(ii) of which not less than seven days notice was given to every person who was then a member of the assembly,

terminates such person’s appointment as either Cathaoirleach or Leas-Chathaoirleach.

Resignation of Cathaoirleach or Leas-Chathaoirleach

18. A Cathaoirleach or Leas-Chathaoirleach of a regional assembly may, at any time, resign the office by giving signed notice in writing to the director of the assembly and the resignation shall take effect from the date of receipt of the notice by the director.

Seal of regional assembly

19. (1) As soon as may be after its establishment, a regional assembly shall provide itself with a seal which shall be retained in the custody of the director of the assembly.

(2) The seal of a regional assembly shall be authenticated by the signature of the Cathaoirleach of the assembly, or of the Leas-Chathaoirleach of the assembly, or of some other member of the assembly, or of the director of the assembly, or of such member of the staff of the assembly as may be authorised by the assembly to act in that behalf.

Part 3

Functions and Powers of Regional Assemblies

General functions of regional assembly

20. (1) Without prejudice to its general functions under section 43(1) of the Act of 1991, and to the matters relating to a regional spatial and economic strategy set out in Chapter III of Part II of the Act of 2000 or any regulations made under those provisions, the functions and powers of a regional assembly shall be as set out in Articles 20 to 40.

(2) In the performance of its functions, a regional assembly shall have regard to the general welfare, strategic planning and sustainable development requirements of the region, including—

(a) the physical, economic, social, demographic, infrastructural and environmental situation of the region, its economic and other development potential and the protection or improvement of its environmental, heritage, amenity and cultural resources,

(b) the programmes, plans, policies, proposals and objectives of the Government and of any Minister of the Government and of local authorities and other public authorities, as appropriate, and the need to promote coordination of or consistency with them,

(d) the particular need for coordinated action to promote effectiveness in local government and public services, to promote consistency with the programmes, plans, policies, proposals and objectives of the Government or Minister of the Government, and to ensure coherent spatial planning and sustainable development within and between regions.

Programme of work

21. (1) A regional assembly shall-

(a) no later than 28 February of each year, adopt a programme of work in relation to the performance of its functions, for that year, and

(b) provide a copy of the programme of work to its constituent local authorities no later than 31 March each year.

(2) In preparing the programme of work set out in paragraph (1), a regional assembly shall endeavour to address any recommendations made by a constituent local authority, including in relation to the expenditure incurred, value for money achieved, and the performance of its functions by the regional assembly in the previous year.

Compliance reports

22. A regional assembly shall provide such reports as are requested by the National Oversight and Audit Commission, the Minister, other Ministers of the Government or to relevant public bodies, in relation to compliance by local authorities or other public bodies with regional strategies and plans or with national strategies and plans including any national planning framework or strategy.

Training of regional assembly members

23. A regional assembly may, in conjunction with constituent local authorities and the Association of Irish Local Government, support and promote training among regional assembly members in relation to performance of their functions.

Delegation of functions to director

24. A regional assembly may, subject to Chapter III of Part II of the Act of 2000 and any regulations or directions under that Act, delegate any of its functions, other than those provided for in Articles 21, 25, 26, 32, 41, 42, 44, 55(1), 55(2), 56(1), 57(5), 57(8) and 58(3), to the director, as it considers necessary for the effective performance of its functions.

Functions relating to the Planning and Development Acts 2000 to 2014

25. It shall be a function of a regional assembly to perform functions, in accordance with Chapter III of Part II of the Act of 2000 and any regulations or directions under that Act.

Functions relating to local economic and community plans

26. It shall be a function of a regional assembly to perform functions in relation to a local economic and community plan in accordance with sections 66A to 66H of the Act of 2001.

Regional economic forum

27. A regional assembly shall, in accordance with such terms, conditions, requirements or procedures as the Minister may direct, facilitate and support coherent economic development at regional, strategic planning area and local authority levels, including through a regional economic forum in conjunction with relevant public bodies, local authorities, other relevant organisations or individuals.

Provision of assistance to local authorities

28. A regional assembly shall facilitate and, where appropriate, provide assistance to local authorities in engaging with EU institutions on matters related to regional and local development and on programmes and projects where assistance from the European Union may be sought.

Functions in connection with assistance from the European Union

29. The functions of a regional assembly in matters relating to assistance from the European Union shall be as determined by the Minister for Public Expenditure and Reform in accordance with such terms, conditions, requirements or procedures as that Minister may specify and may include, but not be limited to, the following—

(a) providing such proposals, recommendations, advice or information as may be required by the Minister, the Minister for Public Expenditure and Reform or any other Minister for the purpose of making or supporting an application to the European Union for financial assistance,

(b) ensuring that that all applications for financial assistance referred to in paragraph (a) are consistent with the objectives of, and contribute to the implementation of, the regional spatial and economic strategy for the region or other relevant national or regional policy, objective or strategy,

(c) preparing applications and proposals, managing and implementing programmes and projects, and performing all such other functions as are required under the relevant European Union Regulations governing European Union programmes of financial assistance and projects for which European Union financial assistance is provided,

(d) monitoring the implementation in its region of programmes and projects in respect of which financial assistance is made available by the European Union,

(e)(i) participating in the preparation, monitoring and implementation of any programme of European Union assistance that involves another Member State or a region of another Member State of the European Union, and

(ii) establishing and holding on account funds on behalf of Ireland and one or more Member States in respect of European Union programmes of financial assistance for territorial cooperation, and

(f) paying grants directly to beneficiaries, or contracting with Government Departments or other public bodies to deliver funding in accordance with the relevant European Union Regulations governing European Union programmes of financial assistance.

Technical assistance and other funding

30. The Minister for Public Expenditure and Reform may recoup to each regional assembly the amount of any approved costs incurred by the assembly in the discharge of functions under this Article, which costs shall be shown separately in each estimate and statement of accounts prepared by each such assembly.

Functions in connection with the National Oversight and Audit Commission

31. (1) A regional assembly shall facilitate the performance by the National Oversight and Audit Commission of its functions in accordance with the provisions of section 126C(2) of the Act of 2001.

(2) A regional assembly shall undertake research, studies, surveys or the collection of information, data or statistics, or arrange for such research, studies, surveys or the collection of information, data or statistics to be undertaken, and provide such reports, on any matter to which the functions of the National Oversight and Audit Commission relate, as may be required by the Commission following consultation with the regional assembly from time to time, in accordance with sections 126D and 126E of the Act of 2001.

(3) A regional assembly shall provide a copy of its corporate plan and annual report, within 6 months of their completion, to the National Oversight and Audit Commission.

(4) A regional assembly shall submit a monitoring report, prepared in accordance with section 25A of the Act of 2000, within 2 months of its completion, for consideration by the National Oversight and Audit Commission and shall undertake to implement any recommendations made by the Commission in relation to relevant measures to support the implementation of the regional spatial and economic strategy concerned.

Membership of Committee of the Regions

32. (1) Where a member of a constituent local authority is appointed as a member of the Committee of the Regions but is not a member of the relevant regional assembly under the Schedule 1 then, by virtue of this Article, on and from such appointment such person shall become, and be and hold office as, a member of the relevant regional assembly specified in column (3) of Schedule 1 opposite the local authority specified in column (2) of which that person is a member.

(2) A person who by virtue of paragraph (1) becomes a member of a regional assembly shall hold office as such member subject to him or her remaining a member of the Committee of the Regions.

(3) The membership of each regional assembly concerned, set out in column (4) of Schedule 1, shall be increased in accordance with paragraph (1) of this Article for so long, but only for so long, as a person is a member pursuant to this Article, and Article 5 shall be construed and have effect accordingly.

(4) A member of a regional assembly appointed as a member or as an alternate to the Committee of the Regions shall keep the assembly informed of the proceedings of the Committee and members of the Irish delegation to the Committee shall jointly present an annual report to the assembly in that respect, or at any other time if so requested by the Cathaoirleach of the regional assembly, by the regional assembly, by the Cathaoirleach of a constituent local authority or by resolution of a constituent local authority.

Directions

33. (1) The Minister may give to a regional assembly such general or particular directions on any matter related to its functions.

(2) A direction under paragraph (1) may provide for the designation, for such period as is specified in the direction, of the chief executive of a constituent local authority to be the designated chief executive in respect of the region set out in column (2) of Schedule 1 and on whom shall stand conferred such functions in relation to the regional assembly as may be specified in the direction.

(3) Every other provision of this Order relating to the giving of directions by the Minister shall apply without prejudice to paragraph (1) of this Article.

Powers of regional assembly

34. Subject to the provisions of this Order, a regional assembly may do all such things as arise out of, or are consequential on, or are necessary or expedient for, the effective performance of its functions.

Powers in connection with research, etc.

35. A regional assembly may carry out, or otherwise facilitate or participate in the carrying out of research, studies, surveys or the collection of information, data or statistics in relation to any of its functions.

Consultation by regional assembly

36. A regional assembly may consult with any public body to ensure that any strategies, plans and programmes prepared by the public body are consistent, as far as practicable, with national and regional objectives set out in the National Spatial Strategy, national policies and objectives in relation to economic development and the regional spatial and economic strategy.

Engagement of specialist services

37. (1) A regional assembly may engage such specialist service providers as it considers necessary for the effective performance of its functions, subject to such conditions as may be specified by the Minister and having regard to the availability of resources for that purpose and to the need to maximise value for money for such resources.

(2) Any fees due to such specialist service provider shall be paid by the assembly out of moneys at its disposal.

Statements or reports by regional assembly in relation to performance of functions

38. (1) A regional assembly may make such statements or reports on any matter relating to or arising from the performance of its functions as the Minister, the Minister for Public Expenditure and Reform, or a constituent local authority may from time to time request.

(2) Where a statement or report is prepared by a regional assembly, the assembly shall—

(a) furnish a copy of the statement or report to each constituent local authority, to each public body or other body represented on a committee established under Articles 41 or 42 to which the statement or report relates, and to such other local authorities, public bodies, other bodies or persons as the regional assembly considers appropriate,

(b) publish the statement or report on the regional assembly’s website, and

(c) make copies of the statement or report conveniently available for inspection by any person or for purchase by any person at such price as may be determined by the regional assembly and give notice of the date on and from which the statement or report shall be so made available.

Requests for information

39. A regional assembly may request a local authority or other public authority to provide information in connection with any function of such local authority or public authority and to arrange, for that purpose, for the attendance at a meeting of the regional assembly, or of a committee of the regional assembly, of a representative of such local authority or public authority.

Recovery of costs

40. (1) A regional assembly may recover the costs incurred by it from time to time for, or in connection with, services rendered by it.

(2) A regional assembly may, with the consent of the Minister, the Minister for Public Expenditure and Reform and the Minister for Finance, borrow money on overdraft or otherwise for such purposes as are necessary for the performance of its functions.

(3) A regional assembly, with the consent of the Minister, may purchase or lease any land or premises where necessary for the performance of its functions and with the like consent sell, let, or otherwise dispose of, any land or premises vested in the regional assembly.

Part 4

Committees of Regional Assemblies

Committees of regional assembly

41. (1) A committee established in accordance with section 43(9) of the Act of 1991 shall consist of not less than 3 persons.

(2) A person who is not a member of the regional assembly shall not be appointed to be a member of a committee unless, in the opinion of the assembly, such person is a person having knowledge, qualifications or experience as are necessary for the effective performance by a committee of its functions.

(3) A member of a committee of a regional assembly may be removed from office at any time by the regional assembly.

(4) A committee may act notwithstanding a vacancy or more than one vacancy among its members.

(5) A regional assembly may determine the terms of reference and regulate the procedure of a committee established under this Article.

(6) A committee established under this Article shall provide the regional assembly with such information or reports as the assembly may, from time to time, require in respect of its activities and operation.

(7) Subject to paragraph (5), a committee of a regional assembly shall stand dissolved on the day after the next appointment of members of that assembly in accordance with Article 5.

(8) The provisions of this Article shall also apply to committees established under Article 42.

Strategic planning area committee

42. A regional assembly shall establish a strategic planning area committee in respect of each strategic planning area within the region, specified in column (2) of Schedule 3, consisting of the members of the regional assembly appointed by the constituent local authorities specified in column (3) of that Schedule opposite the mention in the said column (2) of the area, and of persons who are not members of the regional assembly, to perform functions, in respect of such area, in relation to the regional spatial and economic strategy in accordance with Chapter III of Part II of the Act of 2000 and any regulations or directions under that Act.

Part 5

Meetings and Procedures of Regional Assemblies

Meetings

43. (1) The first meeting of a regional assembly shall be held no later than 30 days after the appointment of the members in accordance with Articles 5 and 6.

(2) A regional assembly may hold such other meetings as may be necessary for the performance of its functions.

(3) Subject to any conditions, restrictions or requirements specified by a regional assembly under its standing orders, representatives of the media (within the meaning of section 45 of the Act of 2001) and any other person shall be entitled to be present at a meeting of the assembly.

(4) Nothing in this Article shall require a regional assembly to permit the taking of photographs of any proceedings, or the use of any means to enable persons not present to see or hear any proceedings (whether at the time or later), or the making of any oral report on any proceedings as they take place.

(5) In so far as practicable, the headquarters of the regional assembly shall be the location for all meetings.

(6) Save as is otherwise provided in this Order, all acts and decisions of a regional assembly and all questions arising at a meeting of a regional assembly shall be determined by a majority of the votes of the members of the assembly present and voting on the act, decision or question, and in the case of an equal division of votes, the Cathaoirleach shall have a second or casting vote.

Standing orders

44. (1) Subject to the provisions of this Order and any directions given by the Minister, a regional assembly shall regulate, by standing orders or otherwise, its procedure or business and may amend or revoke standing orders.

(2) Standing orders under this Article may include provisions regulating the business and proceedings of committees established by the regional assembly under Part 4 of this Order.

Quorum

45. (1) The quorum for a meeting of a regional assembly shall be one quarter of the membership of the assembly or, where one quarter of the membership is not a whole number, the next highest whole number.

(2) The quorum for a meeting of a committee established by the regional assembly under section 43(9) of the Act of 1991 shall be one quarter of the membership of the committee or where one quarter of the membership is not a whole number, the next highest whole number but not less than 3 members.

Calling of meeting

46. (1) The Cathaoirleach of a regional assembly may, at any time, call a meeting of the assembly.

(2) The Cathaoirleach shall, at the request in writing of not less than one quarter of the members of the regional assembly, call a meeting of the assembly.

(3) If the Cathaoirleach refuses to call a meeting of the assembly after a request pursuant to paragraph (2) has been made or does not call a meeting of the assembly before the expiration of 7 days after receiving such a request, not less than one quarter of the members of the assembly may call such a meeting.

Notice of meeting

47. (1) The director of the assembly shall, not later than 3 days before a meeting of the assembly called under Article 43 send a notice in writing to each member of the assembly which shall specify—

(a) the place at which, the date on which and the time at which the meeting will take place, and

(b) the matters that will be the subject of the meeting.

(2) A meeting of the regional assembly or any function performed by the assembly at such meeting shall not be invalid by reason only of a member of the assembly not receiving a notice under paragraph (1).

(3) A regional assembly shall make such arrangements as it considers appropriate to give public notice of each meeting of the assembly, including the time and place of the meeting.

Cathaoirleach at meeting

48. (1) At a meeting of a regional assembly—

(a) the Cathaoirleach of the assembly shall, if present, be Cathaoirleach of the meeting,

(b) if and so long as the Cathaoirleach of the assembly is not present or the office of Cathaoirleach is vacant, the Leas-Chathaoirleach, if present, shall be Cathaoirleach of the meeting, and

(c) if and so long as the Cathaoirleach and Leas-Chathaoirleach of the assembly are not present or the offices of Cathaoirleach and Leas-Chathaoirleach are vacant, the members of the regional assembly who are present shall choose one of their number to be Cathaoirleach of the meeting.

(2) Anything authorised or required by this Order to be done by, to or with the Cathaoirleach may, where necessary, be done by, to or with the Leas-Chathaoirleach or member chosen in accordance with subparagraph (c) of paragraph (1).

Minutes of meeting

49. (1) Minutes of the proceedings at a meeting of a regional assembly shall be drawn up and shall be signed by the Cathaoirleach of the meeting or of the next ensuing meeting and retained in the custody of the director of the assembly.

(2) The names of the members of a regional assembly present at a meeting of an assembly shall be recorded in the minutes of the proceedings of the meeting.

(3) The names of the members of a regional assembly voting on any question arising at a meeting of an assembly shall be recorded in the minutes of the proceedings of the meeting and the record shall show which members voted for and which against the question.

Disorderly conduct at meeting

50. (1) If—

(a) in the opinion of the person chairing a meeting of the regional assembly (“the chair”), any member has been or is disorderly by persistently disregarding a ruling of the chair, or by behaving irregularly, improperly or offensively, or by otherwise obstructing the business of the meeting, and

(b) the chair has conveyed his or her opinion to the members present by naming the member concerned,

then the chair or any member may move “that the member named leave the meeting” and the motion, if seconded, shall be put and determined without discussion.

(2) Where a regional assembly determines, in accordance with paragraph (1), that a member leave a meeting, that member shall immediately leave the meeting and shall not be entitled to speak or to take any further part in that meeting on that day.

(3) Where—

(a) in the opinion of the chair there is general disorder which impedes the orderly transaction of business, or

(b) a member against whom it was resolved that he or she leave the meeting by virtue of this Article refuses to do so,

then the chair may adjourn the meeting for such period as he or she considers necessary in the interests of order.

(4) Where at a meeting—

(a) it has been resolved in accordance with paragraph (1) that a member leave a meeting and the chair adjourns the meeting under paragraph (3) because the member refuses to leave, and

(b) it has been resolved by further resolution that the member was the cause of the meeting being so adjourned,

then any allowance payable in accordance with this Order or with any directions given by the Minister shall be reduced in line with the provisions of paragraph 13(4) of Schedule 10 of the Act of 2001.

Part 6

Administration, Finance, Staffing and General Matters

Appointment of director

51. (1) There shall be a chief officer of the regional assembly who shall be titled the director of the regional assembly and who shall be appointed in accordance with this Article.

(2)(a) Any person who, immediately before the 2015 establishment day, held the office of director of the Border, Midland and Western Regional Assembly shall, if willing, stand appointed to the office of director of the Northern and Western Regional Assembly specified in Schedule 1, subject to such terms and conditions (including terms and conditions relating to remuneration, superannuation, term of appointment or allowances for expenses) as may be determined by the Minister, with the consent of the Minister for Public Expenditure and Reform.

(b) Any person who, immediately before the 2015 establishment day, held the office of director of the Southern and Eastern Regional Assembly shall, if willing, stand appointed to the office of director of the Southern Regional Assembly specified in Schedule 1, subject to such terms and conditions (including terms and conditions relating to remuneration, superannuation, term of appointment or allowances for expenses) as may be determined by the Minister, with the consent of the Minister for Public Expenditure and Reform.

(3) In the case of all other appointments under this Article, a regional assembly shall, by virtue of a recommendation of the Chief Executive of the Public Appointments Service and with the consent of the Minister appoint a person to be a director of the assembly and that person shall hold employment under the regional assembly.

(4) No person shall hold office as director while he or she is a member of either House of the Oireachtas, or of a local authority, or of the National Oversight and Audit Commission or is a representative in the European Parliament.

(5) A person appointed under paragraph (1) shall hold office on and subject to such terms and conditions (including terms and conditions relating to remuneration, superannuation, term of appointment, and allowances for expenses) as may be determined by the Minister, with the consent of the Minister for Public Expenditure and Reform.

(6) The director shall not hold any other office or employment or carry on any business without the consent of the Minister.

Functions of director

52. (1) The director shall carry on and manage and control generally, the administration and business of the regional assembly and perform such other functions (if any) as may be determined by the regional assembly, in accordance with the Act of 1991 and this Order, or by the Minister or the Minister for Public Expenditure and Reform.

(2) The director shall be responsible for the efficient and effective operation of the regional assembly and for ensuring without undue delay the implementation of the decisions of the assembly and shall advise and assist the assembly—

(a) generally in the exercise or performance by the assembly of its functions, and

(b) as regards any particular matter or thing in relation to such exercise or performance on or in respect of which the assembly requests the advice or assistance of the director.

(3) The director may, consistent with the policies and decisions of the assembly, represent the assembly on matters relating to its functions or the performance of its functions, and at meetings where the attendance by the regional assembly is requested by the National Oversight and Audit Commission.

(4) The director shall be accountable to the regional assembly for the efficient and effective management of the regional assembly and for the due performance of his or her functions.

(5)(a) The director shall make such staffing and organisational arrangements as may be necessary for the purposes of carrying out the functions of the regional assembly.

(b) The director may delegate to the staff of the regional assembly such functions the delegation of which is necessary for the efficient and effective operation of the assembly, after consultation with the regional assembly and subject to such policies as may be determined from time to time by the regional assembly, by the Minister or by the Minister for Public Expenditure and Reform.

(6) The director shall, when requested by the regional assembly or by a committee of the assembly, report to the assembly or the committee on the actions already taken or planned to be taken in exercise of his or her functions.

(7) The director shall be entitled to attend and speak but not vote at any meeting of the assembly or its committees.

(8) The director shall prepare a draft of the corporate plan required under Article 55 to be considered by the regional assembly or a relevant committee of the assembly and shall provide such assistance as may be necessary in relation to consideration and adoption of the corporate plan.

(9) It is the duty of the director to carry into effect the provisions of the corporate plan as adopted by the regional assembly.

(10) The director shall support regional assembly members in their role as members of the Committee of the Regions and shall otherwise, as necessary or as requested by the regional assembly or the Minister or the Minister for Public Expenditure and Reform, undertake all such functions as are requested in relation to the promotion of Ireland’s economic and spatial planning and sustainable development objectives with relevant European Union bodies or in the context of European Union programmes.

(11) It shall be a function of the director to perform such functions in relation to the regional spatial and economic strategy in accordance with Chapter III of Part II of the Act of 2000 as are specified in any regulations or directions under that Act.

(12) The director may, after consultation with the Cathaoirleach, designate a member of the staff of the assembly to perform the functions of director in his or her absence.

Appointment of staff

53. (1) A regional assembly may appoint such, and such number of, persons as are necessary for the effective and efficient performance of its functions to be members of staff of the assembly with the approval of the Minister and the Minister for Public Expenditure and Reform.

(2) A director shall, with the approval of the Minister and the Minister for Public Expenditure and Reform, determine the grades of staff of the assembly and the numbers of staff in each grade.

(3) A member of staff (other than the director) of a regional assembly shall—

(a) be paid such remuneration (including allowances for expenses) as the regional assembly with the approval of the Minister and the Minister for Public Expenditure and Reform, may determine,

(b) be paid out of moneys available to the assembly,

(c) be employed on such other terms and conditions including superannuation as the regional assembly may, with the approval of the Minister and the Minister for Public Expenditure and Reform, determine, and

(d) shall perform such functions as determined from time to time by the director.

(4) Schemes made under the Local Government (Superannuation) Act 1980 (No. 8 of 1980) shall apply to a regional assembly as if it were a local authority and to persons employed by a regional assembly (including the director) as if they were persons employed by a local authority.

Shared services

54. (1) A director may, after consultation with the regional assembly, and for the purposes of assisting the regional assembly in the performance of its functions, enter into an arrangement for—

(a) the provision by another regional assembly, a local authority or any public authority of such services (including the use of premises, equipment and the services of members of the staff) as are the subject of that arrangement on such terms and conditions (including terms and conditions relating to the making of payments by the regional assembly in consideration of the provision of such services) as may be agreed by the director and the service provider, or

(b) availing of shared services of the type referred to in section 149A of the Act of 2001.

(2) The director shall ensure that arrangements of the type provided for in subparagraphs (a) and (b) of paragraph (1) are availed of as far as possible in the interests of maximising effectiveness and economy in the performance of the functions of the regional assembly.

Corporate plan

55. (1) Within 9 months of the 2015 establishment day, every regional assembly shall adopt a corporate plan.

(2) In respect of every other term of office of a regional assembly, the assembly shall, within 9 months of the appointment of members under Articles 5 and 6, prepare a statement of strategy for the regional assembly to be known as the corporate plan.

(3) The corporate plan shall be prepared on the basis of an organisation-wide strategic review encompassing the functions and activities of the regional assembly, its internal capacity and resources, and engagement with constituent local authorities.

(4) The corporate plan shall include—

(a) a mission statement consistent with the functions of the regional assembly,

(b) a description of the operating environment, including relationships with local authorities and other relevant bodies, and internal capacity and resources,

(c) a statement of the strategic objectives for the term of the regional assembly including the supporting strategies and actions that are to be put in place to achieve the strategic objectives,

(d) the manner in which the regional assembly proposes to assess its performance in respect of its functions and activities and the achievement of its strategic objectives, and

(e) such other matters as may be decided by the regional assembly or directed by the Minister.

(5) The director shall prepare the corporate plan in accordance with any arrangement determined for that purpose.

(6) The director shall take all such steps as are necessary to ensure that the corporate plan is submitted to the regional assembly for approval within the period specified in paragraph (1) or (2).

(7) Where the corporate plan is not submitted within the period specified in paragraph (1) or (2), the Cathaoirleach and the director shall make a joint submission to the regional assembly at its next scheduled meeting outlining the steps to be taken to ensure its completion and when it is proposed to submit the plan to the regional assembly.

(8) The regional assembly shall consider the corporate plan prepared in accordance with paragraph (4) and may make such amendments as it considers appropriate and shall approve it with or without amendments.

(9) The director shall prepare an annual progress report in respect of the regional assembly’s corporate plan and such report shall be submitted to the regional assembly as part of the assembly’s annual report.

Annual report

56. (1) A regional assembly shall, not later than 30 June in each year, prepare and adopt an annual report containing the following—

(a) an annual progress report as provided for in Article 55(9),

(b) annual financial statements as provided for in Article 58,

(c) such other information as the assembly may determine, or as the Minister may direct, in relation to the performance of the functions of the assembly during the preceding year.

(2) A regional assembly shall, as soon as may be, furnish a copy of the annual report to each member of the regional assembly, to the Minister, to the Minister for Public Expenditure and Reform, to the National Oversight and Audit Commission, to the Cathaoirleach and chief executive of each constituent local authority, and to such other persons as the Cathaoirleach of the regional assembly may determine.

(3) A director shall cause copies of each annual report to be made conveniently available on the regional assembly’s website and at the headquarters of the regional assembly for inspection by members of the public and for purchase by any person at such price as may be determined by the regional assembly.

Financial year

57. (1) The financial year of a regional assembly shall be the period of twelve months ending on 31 December in any year.

(2) A regional assembly shall, in respect of each financial year, prepare a draft budget setting out for the next financial year—

(a) the expenditure estimated to be necessary to carry out its functions, and

(b) the income estimated to accrue to it.

(3) A draft budget shall be prepared under the direction of the director, following consultation with the chief executive designated under Article 33(2), in the manner and in the format that may be directed by the Minister, showing the amounts necessary for the performance of its functions.

(4) A draft budget prepared in accordance with paragraph (2) shall be considered by the members of the regional assembly at a meeting referred to as a “budget meeting”—

(a) at which the director or an employee to whom this Article relates is present,

(b) which is held during the period directed by the Minister, and

(5) At a budget meeting the regional assembly—

(a) may by resolution amend the draft budget,

(b) shall by resolution adopt the draft budget with or without amendment.

(6) A draft budget shall be adopted—

(a) in respect of the financial year ending on 31 December 2015, as soon as possible after the establishment of the regional assembly, or

(b) in respect of every other financial year, not later than 30 November in the preceding year.

(7) A regional assembly shall, as soon as may be after the adoption of a budget under paragraph (5), send a copy of such budget to the Minister and to each constituent local authority.

(8) At any time after it has adopted a budget, a regional assembly may, by resolution, authorise the incurring of additional expenditure.

(9) Where, as respects any financial year, after consultation with the chief executive designated under Article 33(2), the director is of the opinion that the proper performance of the functions of the regional assembly concerned requires the incurring of additional expenditure, he or she shall submit to the regional assembly a proposal for authorisation to the incurring of such additional expenditure.

(10) Where the director has incurred additional expenditure under paragraph (8), he or she shall inform—

(a) the Cathaoirleach of the fact without delay, and

(b) the members of the regional assembly of the fact at the next practicable meeting of the regional assembly following the incurring of the expenditure,

giving details of the additional expenditure and the implications for the regional assembly budget.

(11) The expenses of a regional assembly incurred in accordance with the adopted budget, excluding any amounts recoupable to such regional assembly in relation to the performance of its functions under Articles 29 and 30 or for the recovery of costs arising under Article 54, shall be refunded to the assembly by the constituent local authorities in proportion to the populations of their respective functional areas.

Finance, accounts and audit

58. (1) A regional assembly shall establish and maintain financial systems, accounts, reporting and record keeping procedures, including the preparation of an annual financial statement, which are consistent with such accounting code of practice that the Minister may issue under section 107 of the Act of 2001.

(2) As soon as may be after the end of each financial year, the director shall prepare and submit to the regional assembly and to the chief executive designated under Article 33(2) a financial statement, with a report on it by the director, in respect of that financial year.

(3) The annual financial statement shall be considered at the next practicable meeting of the regional assembly which is held not less than 7 days after the annual financial statement was submitted under paragraph (2).

(4) A regional assembly shall be a body prescribed under section 115(2)(a) of the Act of 2001 as a body which shall be audited by a local government auditor in accordance with the provisions of that Act.

(5) As soon as may be practicable after having been considered under paragraph (3) the annual financial statement shall be transmitted to the Minister and the Director of Audit.

(6) The Director of Audit shall, as soon as may be after the regional assembly receives a copy of an audit opinion, an audited financial statement, an auditor’s report or an auditor’s special report, send a copy thereof to the Minister, to each member of the regional assembly and to the chief executive designated under Article 33(2).

Allowances and expenses

59. (1) A regional assembly may, in accordance with such directions as may be given by the Minister to the regional assembly, pay to a member of the assembly—

(a) an annual expenses allowance in respect of expenses reasonably incurred by him or her in connection with the performance of his or her functions during the year;

(b) a travel and subsistence allowance in respect of expenses reasonably incurred in the attendance by the member at an event authorised by the assembly, other than attendance at meetings already provided for by subparagraph (a).

(2) Subject to any directions under Article 33, the provisions of regulations or guidelines under section 142 of the Act of 2001 shall apply, insofar as applicable, to a travel or subsistence allowance under paragraph (1)(b), as if references in such regulations or guidelines to a local authority were references to a regional assembly.

Allowance for Cathaoirleach

60. A regional assembly may, in accordance with such directions as may be given by the Minister to the regional assembly, pay to the Cathaoirleach of the assembly each year an allowance in respect of expenses reasonably incurred by him or her in connection with the performance of his or her functions during that year.

Part 7

Dissolution of regional assemblies, revocation of establishment orders and consequential provisions

Cessor of areas constituting regions

61. On the 2015 establishment day, a region specified in column (1) of Schedule 1 of the Order of 1999, consisting of the corresponding area listed in column (2) of that Schedule opposite the name of that region in column (1) shall cease to constitute a region within the meaning of and for the purposes of section 43 of the Act of 1991.

Dissolution of regional assemblies

62. (1) Subject to paragraphs (2) and (3), on the 2015 establishment day, a regional assembly specified in column (1) of Schedule 4 to this Order shall be dissolved and cease to exist and any right, privilege, benefit or other entitlement of a dissolved regional assembly not specifically transferred or distributed by this Order shall be transferred to or vested in the corresponding successor regional assembly specified in column (2) of Schedule 4 opposite the title of that assembly in column (1).

(2) Paragraph (1) shall not apply to any rights, privilege, benefit or other entitlement of a dissolved regional assembly which were, immediately before 1 June 2014, vested in the Dublin, Mid-East or Midland Regional Authorities which were dissolved on that date by the Local Government Act 1991 (Regional Authorities) (Amendment) Order 2014 ( S.I. No. 228 of 2014 ).

(3) All rights, privileges, benefits or other entitlements to which paragraph (2) relates shall be transferred to or vested in the Eastern and Midland Regional Assembly specified in column (2) of Schedule 4, save those which were exhausted or extinguished between 1 June 2014 and 31 December 2014.

Provisions consequential on dissolutions, etc

63. The following provisions shall apply in relation to the dissolution of a regional assembly:

Transfer of Assets

(1) All assets, whether real or personal (including choses-in-action) which, immediately before the 2015 establishment day, were vested in or belonged to or were held in trust for a dissolved regional assembly and all rights, powers, licences and privileges relating to or connected with any such assets shall, on the 2015 establishment day, without any conveyance or assignment, but subject where necessary to transfer in the books of any bank, corporation or company, be transferred to and become and be vested in or the property of or held in trust for (as the case may require) the relevant successor regional assembly provided for by Article 62 to such dissolved regional assembly for all the estate, term or interest for which the same, immediately before its dissolution, was vested in or belonged to or was held in trust for such dissolved regional assembly but subject to all trusts and equities affecting the same and then subsisting and capable of being performed.

(2) Any asset transferred by paragraph (1) which, immediately before the 2015 establishment day, was standing in the books of any bank or was registered on the books of any bank, corporation, or company in the name of a dissolved regional assembly shall, upon the request of the relevant successor regional assembly provided for by Article 62 to which such asset was transferred, at any time on or after the 2015 establishment day, be transferred in such books by such bank, corporation or company into the name of the successor regional assembly.

(3) On and from the 2015 establishment day, every chose-in-action transferred in accordance with the provisions of paragraph (1) may be sued upon, recovered or enforced by the relevant successor regional assembly provided for by Article 62 to which it was transferred in its own name, and it shall not be necessary for that assembly to give notice to the person bound by such chose-in-action of the transfer effected by paragraph (1).

Transfer of liabilities

(4) Every debt and other liability (including stock and mortgage debts, and unliquidated liabilities arising from torts or breaches of contract) which immediately before the 2015 establishment day was owing and unpaid or had been incurred and was undischarged by a dissolved regional assembly, shall, on that day, become and be the debt or liability of the relevant successor regional assembly provided for by Article 62 and shall be paid or discharged by and may be recovered from or enforced against the relevant successor regional assembly.

(5) A dissolution under this Order does not invalidate or otherwise affect any payable order or cheque issued by a dissolved regional assembly and which is not presented for payment before the 2015 establishment day or any permission or other authority given by the dissolved regional assembly for the payment of the amount of a paying order, and the relevant successor regional assembly provided for by Article 62 shall make arrangements for the payment of the amount of every such paying order upon due presentation within a reasonable time after the 2015 establishment day.

Transfer of staff

(6) Subject to paragraph (7) every person who, immediately before the 2015 establishment day, was a member of the staff of a dissolved regional assembly shall, on such day, become and be a member of the staff of the relevant successor regional assembly provided for by Article 62.

(7) Every person who, immediately before the 2015 establishment day, was a fixed-term employee of a dissolved regional assembly shall, on such day, become and be a fixed-term employee of the relevant successor regional assembly provided for by Article 62 for the duration of his or her contract of employment.

(8) Nothing in paragraphs (6) and (7) shall be read as affecting the provisions of the Public Service Management (Recruitment and Appointments) Act 2004 (No. 33 of 2004), as amended by the Public Service Management (Recruitment and Appointments) (Amendment) Act 2013 (No. 47 of 2013) that relate to the redeployment of staff of a dissolved regional assembly.

(9)(a) Except in accordance with a collective agreement negotiated with a recognised trade union or staff association concerned, a person referred to in paragraph (6) shall not, on the 2015 establishment day, be brought to less beneficial terms and conditions of service (including those relating to tenure of office) or of remuneration than the terms and conditions of service (including those relating to tenure of office) or of remuneration to which he or she was subject immediately before such day, and

(b) The preceding reference to terms and conditions of remuneration does not include conditions in relation to superannuation.

(10) In relation to a person referred to in paragraph (6), previous service with the dissolved regional assembly from which the person was transferred shall be reckonable for the purposes of, but subject to any exceptions or exclusions in, the following:

(a) the Redundancy Payments Acts 1996 to 2011;

(b) the Protection of Employees (Part-Time Work) Act 2001 (No. 45 of 2001);

(d) the Organisation of Working Time Act 1997 (No. 20 of 1997);

(e) the Terms of Employment (Information) Acts 1994 to 2012;

(f) the Minimum Notice and Terms of Employment Acts 1973 to 2005;

(g) the Unfair Dismissals Acts 1977 to 2007;

(h) the Maternity Protection Acts 1994 to 2004;

(i) the Parental Leave Acts 1998 and 2006;

(j) the Adoptive Leave Acts 1995 and 2005;

(k) the Carer’s Leave Act 2001 (No. 19 of 2001).

(11) Any superannuation benefits awarded to or in respect of a person transferred in accordance with paragraph (6), and the terms and conditions relating to those benefits, shall be no less favourable than those applicable to or in respect of the person immediately before the coming into operation of this Order.

Preservation of continuing contracts

(12) Every bond, guarantee or other security of a continuing character made or given by a dissolved regional assembly to another person or by any person to any dissolved regional assembly and in force immediately before the 2015 establishment day and every contract or agreement in writing made between any dissolved regional assembly and another person and not fully executed and completed before the 2015 establishment day shall, notwithstanding the dissolution of the regional assembly concerned, continue in force on and after the 2015 establishment day but shall be construed and have effect as if the name of the relevant successor regional assembly provided for by Article 62 to the dissolved regional assembly were substituted therein for the name of that dissolved regional assembly, and such security, contract or agreement shall be enforceable by or against the successor regional assembly accordingly.

Saving for certain acts and resolutions

(13) All acts duly done and decisions duly made before the 2015 establishment day by or on behalf of a dissolved regional assembly shall, subject to the Act of 1991 and this Order, continue to have all such force and effect as they had immediately before that day.

(14) All acts duly done and decisions duly made before the appointed day by or on behalf of a regional authority dissolved by the Local Government Act 1991 (Regional Authorities) (Amendment) Order 2014 ( S.I. No. 228 of 2014 ) shall, subject to the Local Government Reform Act 2014 (No. 1 of 2014) and this Order, continue to have all such force and effect as they had immediately before that day.

(15) Any reference in a document to a dissolved regional assembly or to a dissolved regional authority shall, on and after the 2015 establishment day, be construed as a reference to the relevant successor regional assembly provided for by Article 62.

(16) In paragraph (15)—

(a)“a document” includes—

(i) a written agreement or other instrument in writing or any scheme, plan, statement, policy, determination, declaration, undertaking, made or adopted by or on behalf of, or to be treated as having been made or adopted by or on behalf of, a dissolved regional assembly,

(ii) any direction given, revocation made, or to be treated as having been made, by or to a dissolved regional assembly,

(iii) any lease, licence, way-leave, permit, certificate, permission, consent, approval, authorisation, exemption, relaxation, acknowledgement or dispensation, whether (where appropriate) relating to land or otherwise granted or given, or to be treated as having been granted or given, by or to a dissolved regional assembly,

(iv) any application, proposal or objection made, or to be treated as having been made, by or to a dissolved regional assembly, and

(v) any condition or requirement imposed, or to be treated as having been imposed, or any notice served or to be treated as having been served, by or on a dissolved regional assembly.

(b)“relevant successor regional assembly” with respect to a dissolved regional authority means a regional assembly specified in column (2) of Schedule 4 opposite the mention in column (1) of Schedule 4 of the dissolved regional assembly which was the successor to that dissolved regional authority under the Local Government Act 1991 (Regional Authorities) (Amendment) Order 2014 ( S.I. No. 228 of 2014 ).

Documents of dissolved regional assemblies

(17)(a) All books and other documents directed or authorised by or under any statute or statutory instrument or contract to be kept by a dissolved regional assembly shall be kept by the relevant successor regional assembly provided for by Article 62.

(b) All such books and other documents which, immediately before the 2015 establishment day, would be receivable in evidence shall, notwithstanding the dissolution of a regional assembly be admitted in evidence after the 2015 establishment day as fully as if the regional assembly had not been dissolved.

Continuance of pending legal proceedings

(18) In any action, suit, prosecution or other legal proceeding which was pending immediately before the 2015 establishment day in any court or tribunal and to which a dissolved regional assembly was a party, the relevant successor regional assembly provided for by Article 62 to that dissolved regional assembly shall on the 2015 establishment day become and be a party in the place of the dissolved regional assembly and that successor regional assembly shall, accordingly, be substituted for such dissolved regional assembly and every such proceeding shall be continued between that successor regional assembly and the other parties to those proceedings, and no such proceeding shall abate or be discontinued or prejudicially affected by reason of the dissolution of the dissolved regional assembly.

Money due

(19)(a) Without prejudice to subparagraph (b), all money which immediately before the 2015 establishment day is due and payable to a dissolved regional assembly shall on and after that day become due and payable to the relevant successor regional assembly provided for by Article 62 and any such money may be collected and recovered by or on behalf of that successor regional assembly in like manner as they could be collected or recovered by or on behalf of the dissolved regional assembly if this Order had not come into operation.

(b) All money which immediately before the 2015 establishment day is accruing due to a dissolved regional assembly shall on and after that day accrue and be deemed always to have accrued due to the relevant successor regional assembly provided for by Article 62, and where any such money becomes due and payable the same shall be due and payable to and may be collected and recovered by or on behalf of such successor regional assembly in like manner as it could have been collected or recovered by or on behalf of the dissolved regional assembly if this Order had not come into operation.

Revocation of Orders

64. The following Orders are revoked—

(a) Local Government Act 1991 (Regional Authorities) (Establishment) Order 1999 ( S.I. No. 226 of 1999 ),

(b) Local Government Act 1991 (Regional Authorities) (Establishment) Order 1999, (Amendment) Order 2000 ( S.I. No. 230 of 2000 ),

(c) Local Government Act 1991 (Regional Authorities) (Establishment) Order 1999, (Amendment) Order 2006 ( S.I. No. 690 of 2006 ),

(d) Local Government Act 1991 (Regional Authorities) (Amendment) Order 2014 ( S.I. No. 228 of 2014 ).

SCHEDULE 1

Title, Constitution, Members and Headquarters of Regional Assembly

Articles 4 and 5

Name of Region (1)

Area Constituting Region (2)

Title of Regional Assembly (3)

Number of Members of Regional Assembly(4)

Headquarters (5)

The Northern and Western Region

The administrative area of the county councils of Cavan, Donegal, Leitrim, Galway, Mayo, Monaghan, Roscommon and Sligo and the city council of Galway.

The Northern and Western Regional Assembly

Ballaghaderreen, Co. Roscommon

The Southern Region

The administrative area of the county councils of Carlow, Clare, Cork, Kerry, Kilkenny, Tipperary and Wexford, the city council of Cork, and the city and county councils of Limerick and Waterford.

The Southern Regional Assembly

Waterford City

The Eastern and Midland Region

The administrative area of the county councils of Dun Laoghaire-Rathdown, Fingal, Kildare, Laois, Longford, Louth, Meath, Offaly, South Dublin, Westmeath and Wicklow and the city council of Dublin.

The Eastern and Midland Regional Assembly

Dublin City

SCHEDULE 2

Method of Election of Cathaoirleach and Leas-Chathaoirleach of Regional Assembly

Article 16

The following provisions shall apply and have effect in respect of the election of a Cathaoirleach and Leas-Chathaoirleach of a regional assembly—

(a) the proceedings shall begin by a member or members of the assembly being proposed and seconded by other members of the assembly, and every person so proposed and seconded, and no other person, shall be a candidate;

(b) where there is only one candidate, such candidate shall be deemed to be elected;

(d) if at such poll a majority of the members of the assembly present vote for any particular candidate, such candidate shall be elected;

(e) if at such poll no candidate received the votes of a majority of the members of the assembly present, the candidate receiving the least number of votes shall be excluded from the election and, subject to the provisions of subparagraph (g), one or more further polls (according as may be necessary) shall be taken;

(f) subparagraphs (d) and (e) shall apply in relation to such further poll or polls;

(g) where there are only two candidates or where, as a result of one or more polls, all the candidates except two have been eliminated, the question as to which of such candidates shall be elected shall be put to the members of the assembly present and whichever of such candidates receives the greater number of votes on such question shall be elected;

(h) if because of an equality of votes given to two or more candidates any question arises as to which of such candidates is to be eliminated or as to which of such candidates is to be elected, such question shall be decided by lot;

(i) in deciding any such question by lot, the names of the candidates concerned shall be written on similar slips of paper, the slips shall be folded so as to prevent identification and mixed and drawn at random, and the candidate whose name is first drawn shall, where the question concerns an elimination, be the candidate who is to be eliminated or, where the question concerns an election, be the candidate who is to be elected.

SCHEDULE 3

Strategic Planning Areas

Article 42

Title of Regional Assembly (1)

Strategic Planning Area Committees(2)

Constituent local authorities(3)

The Northern and Western Regional Assembly

Border

The councils of the counties of Cavan, Donegal, Leitrim, Louth, Sligo and Monaghan.

West

The councils of the counties of Galway, Mayo, Roscommon and the city of Galway.

The Southern Region

Mid-West

The councils of the counties of Clare and Tipperary and the city and county of Limerick.

South-West

The councils of the counties of Cork and Kerry and the city of Cork.

South-East

The councils of the counties of Carlow, Kilkenny, Tipperary and Wexford and the city and county of Waterford.

The Eastern and Midland Region

Dublin

The councils of the counties of Dun Laoghaire-Rathdown, Fingal and South Dublin, and the city of Dublin.

Eastern

The councils of the counties of Kildare, Louth, Meath and Wicklow.

Midland

The councils of the counties of Laois, Longford, Offaly and Westmeath.

SCHEDULE 4

Dissolved and Successor Regional Assemblies

Article 62

Dissolved Regional Assembly (1)

Successor Regional Assembly(2)

The Border, Midland and Western Regional Assembly.

Where paragraph (1) of Article 62 applies: The Northern and Western Regional AssemblyWhere paragraphs (2) and (3) of Article 62 apply: The Eastern and Midland Regional Assembly

The Southern and Eastern Regional Assembly.

Where paragraph (1) of Article 62 applies: The Southern Regional AssemblyWhere paragraphs (2) and (3) of Article 62 apply: The Eastern and Midland Regional Assembly

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GIVEN under the Official Seal of the Minister for the Environment, Community and Local Government

15 December 2014.

ALAN KELLY,

Minister for the Environment, Community and Local Government.

The Minister for Public Expenditure and Reform hereby consents to the foregoing Order.

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GIVEN under the Official Seal of the Minister for Public Expenditure and Reform

16 December 2014.

BRENDAN HOWLIN,

Minister for Public Expenditure and Reform.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

This Order provides for the establishment of 3 regional assemblies with a broad range of functions including in relation to assistance from the EU, functions under the Planning and Development Act 2000 (No. 30 of 2000) and in relation to the National Oversight and Audit Commission. The Order provides for the constitution, membership, meeting procedures, administration, finance, staffing and other matters relating to the operation of the new assemblies.

It also provides for the dissolution of the Southern and Eastern and Border, Midland and Western Regional Assemblies, established by the Local Government Act 1991 (Regional Authorities) (Establishment) Order 1999 ( S.I. No. 226 of 1999 ), and the appointment of the 3 new regional assemblies as their successors. The Order makes a number of provisions to facilitate the transfer of staff, assets, and liabilities to the successor assemblies as well as addressing other matters related to the dissolution of the regional assemblies.

LOCAL ELECTIONS (DISCLOSURE OF DONATIONS AND EXPENDITURE) ACT, 1999

AN ACT TO PROVIDE FOR THE DISCLOSURE OF DONATIONS AND EXPENDITURE IN RESPECT OF LOCAL ELECTIONS AND OTHERWISE TO AMEND THE LOCAL ELECTIONS ACTS, 1974 TO 1998, TO PROVIDE FOR THE USE OF BALLOT PAPERS FOR RESEARCH INTO ELECTRONIC METHODS OF RECORDING AND COUNTING OF VOTES AT LOCAL ELECTIONS AND EUROPEAN PARLIAMENT ELECTIONS HELD IN THE YEAR 1999 AND TO PROVIDE FOR CONNECTED MATTERS. [18th May, 1999]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary and General

Short title and collective citations.

1.—(1) This Act may be cited as the Local Elections (Disclosure of Donations and Expenditure) Act, 1999.

(2) The Electoral Acts, 1992 to 1998, and this Act may be cited together as the Electoral Acts, 1992 to 1999, and shall be construed together as one.

(3) The Local Elections Acts, 1974 to 1998, and this Act (other than subsection (4) and so much of section 25 as relates to the European Parliament elections) may be cited together as the Local Elections Acts, 1974 to 1999, and shall be construed together as one.

(4) The European Parliament Elections Acts, 1992 to 1997, this subsection and so much of sections 2 and 25 as relate to the European Parliament elections may be cited together as the European Parliament Elections Acts, 1992 to 1999, and shall be construed together as one.

Interpretation.

2.—(1) In this Act, except where the context otherwise requires—

“the Act of 1992” means the Electoral Act, 1992 ;

“the Act of 1997” means the Electoral Act, 1997 ;

“the Act of 1998” means the Electoral (Amendment) Act, 1998 ;

“the appropriate officer” has the meaning assigned to it in section 71 of the Act of 1997;

“candidate” means a candidate at a local election;

“clerk”, in relation to the corporation of a county or other borough, the council of an urban district or the commissioners of a town, means the town clerk;

“commercial price”, in relation to the supply of property, goods or services and the lending of property or goods, has the meaning assigned to it in section 2(1) of the Act of 1997;

“designated person” has the meaning assigned to it in section 8 ;

“donation” means any contribution given for political purposes by any person, whether or not a member of a political party, to a candidate at an election which is accepted in whole or in part by or duly on behalf of such person and includes—

(a) any donation of money,

(b) any donation of property or goods,

(c) any conferring of the right to use, without payment or other consideration, indefinitely or for a specified period of time, any property or goods,

(d) any supply of services without payment or other consideration therefor,

(e) any difference between the commercial price and the price charged for the purchase, acquisition or use of property or goods or the supply of any service where the price, fee or other consideration is less than the commercial price, and

(f) in the case of any contribution made by a person in connection with an event organised for the purpose of raising funds for a candidate at an election, any proportion attributable to that contribution of the net profit, if any, deriving from the event,

but does not include any payment relating to-

(i) any of the matters referred to in subparagraphs (i) to (ix) of section 6 (1)(b), or

(ii) any election expenses incurred by or on behalf of a political party by a national agent or designated person, as the case may be, on behalf of a candidate authenticated by the political party at an election, other than a donation of money;

“election”, other than in Part VI, means a local election and in Part VI means a local election or the European Parliament election, as appropriate;

“electoral area” means the area by reference to which a local election is held in accordance with section 24(6) of the Local Government Act, 1994 ;

“local authority” means the council of a county, the corporation of a county or other borough, the council of an urban district or the commissioners of a town;

“local authority concerned” means the local authority to which a candidate seeks or sought election to be a member;

“local electoral area” means the area by reference to which a local election is held in accordance with section 24(1) of the Local Government Act, 1994 ;

“the Minister” means the Minister for the Environment and Local Government;

“national level”, in relation to election expenses or expenditure, has the meaning assigned to it by section 6 (4)(a);

“national agent” has the meaning assigned to it by section 7 ;

“person” includes an individual, a body corporate and an unincorporated body of persons and a body corporate and any subsidiary thereof shall be deemed to be one person;

“political party” means a party registered in the Register of Political Parties in accordance with section 25 of the Act of 1992 as a party organised to contest a local election;

“polling day” means the day appointed by order of the Minister to be polling day at a local election;

“prescribed” has the meaning assigned by section 3 ;

“property” means real and personal property;

“returning officer” means a returning officer at a local election;

“secretary”, in relation to a county council, means the county secretary or the officer in whom the functions of the county secretary are vested;

“specified local authority” means the local authority specified by order of the Minister in section 6 ;

“subsidiary organisation” has the meaning assigned to it by section 22(1) of the Act of 1997.

(2) In this Act—

(a) a reference to a Part or section is to a Part or section of this Act, unless it is indicated that reference to some other enactment is intended;

(b) a reference to a subsection, paragraph or subparagraph is to a subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended;

(c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.

Regulations.

3.—(1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed.

(2) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

Ministerial expenses.

4.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Repeals.

5.— Sections 72 and 75 of the Electoral Act, 1997 , are hereby repealed.

PART II

Election Expenses and Accountable Persons

Expenses and payments at election.

6.—(1) (a) Subject to paragraph (b), “election expenses” means all expenditure for electoral purposes incurred on the provision of property, goods or services for use at an election during the period referred to in subsection (3) in order—

(i) to promote or oppose, directly or indirectly, the interests of a political party, or to present the policies or a particular policy of a political party or the comments of a political party on the policy or policies of another political party or of one or more than one candidate at the election, or

(ii) to promote or oppose, directly or indirectly, the election of a candidate at the election or to solicit votes for or against a candidate or to present the policies or a particular policy of a candidate or the views of a candidate on any matter connected with the election or the comments of a candidate on the policy or policies of a political party or of any other candidate at the election, or

(iii) otherwise to influence the outcome of the election,

and shall be deemed to include all expenditure incurred in the taking of an opinion poll or other similar survey relating to an election within the period of 60 days before polling day at the election by or on behalf of a political party or one or more than one candidate at the election.

(b) The following shall be deemed not to be election expenses—

(i) the payment by or on behalf of a candidate of the deposit under article 15 of the Local Elections Regulations, 1995 ( S.I. No. 297 of 1995 );

(ii) expenditure on the purchase of copies of the register of electors or parts thereof;

(iii) the reasonable living expenses of a candidate or any person or persons working on behalf of the candidate on a voluntary basis;

(iv) any sum disbursed by any individual out of the individual’s own resources for any minor expenses lawfully incurred in relation to the election if the said sum is not repaid to the person;

(v) any payment, service or facility provided to a person out of public funds or moneys provided by an institution of the European Community or other intergovernmental organisation to which the State is a party by virtue of being—

(I) a member of either House of the Oireachtas,

(II) a holder of a qualifying office within the meaning of the Ministerial and Parliamentary Offices Acts, 1938 to 1998,

(III) the holder of a position referred to in the Oireachtas (Allowances to Members) (Amendment) Act, 1994 ,

(IV) a representative in the European Parliament,

(V) a political party,

(VI) a political group or any group of members of Dáil éireann,

(VII) the holder of an elective or other public office,

(VIII) a member of, delegate to or representative in a body established by or under an agreement or arrangement to which the State is a party, or

(IX) a member of a local authority;

(vi) benefits derived from—

(I) a service rendered by an individual, including the use of the individual’s motor vehicle, on behalf of a political party or a candidate at an election where that service is gratuitous and—

(A) is not part of that individual’s work carried out under a contract of employment, or

(B) where the individual is self-employed, is not in the course of the individual’s business or in the practice of the individual’s profession,

(II) a service rendered at an election by an individual in the employment of a political party, (whether remunerated out of the party’s own resources or out of public funds) including the use of the individual’s motor vehicle on behalf of a candidate of that party at an election where the individual is not in receipt of any reward or benefit-in-kind other than his or her normal remuneration in consideration of that service;

(vii) the publication in a newspaper, magazine or other periodical publication or the broadcast on radio or television of news, reports, articles, features, editorial or other comments, including the publication of letters to the editor, where such publication or broadcast is effected in the same manner as that of other material relating to issues of public interest or concern, and the newspaper, magazine or other periodical publication is not published for the purpose of promoting the interests of a political party or of a candidate at an election;

(viii) the transmission on radio or television of a broadcast on behalf of a political party or candidate at an election;

(ix) expenses incurred in the provision of property, goods or services used at an election where such property, goods or services was or were provided in respect of a previous Presidential, Dáil, European or local election and the cost of providing such property, goods or services was included in the statement of election expenses furnished to the Public Offices Commission or to a local authority in relation to the said previous election by the national agent of the political party, election agent, designated person or by the candidate, as the case may be.

(2) Where property, goods or services are provided to a political party or a candidate at an election without payment or other consideration therefor or at a price which is less than the commercial price, the provision of the property, goods or services shall be deemed to be an election expense and the property, goods or services shall be deemed to have been provided at the commercial price and shall be accounted for accordingly in the statements to be furnished under section 13 to the specified local authority or to the local authority concerned.

(3) The following shall be included in the statement to be furnished to the specified local authority or to the local authority concerned under section 13 :

(a) all election expenses incurred by or on behalf of a political party or a candidate at any time during the period commencing on the date of the order, made under section 21 of the Local Government Act, 1994 , appointing polling day and ending on polling day at the election;

(b) subject to subsection (1)(b)(ix), all election expenses incurred by or on behalf of a political party or a candidate at any time before the commencement of the relevant period referred to in paragraph (a) for the provision of property, goods or services for use at the election during the period referred to in paragraph (a);

(4) Election expenses shall only be incurred at an election and any payment, advance or deposit shall only be made for such election expenses—

(a) on behalf of a political party in respect of an area other than a local electoral area or an electoral area (in this Act referred to as a “national level”), by the national agent of such party,

(b) on behalf of a political party in respect of a local electoral area or an electoral area, by the designated person, and

(5) In subsection (4), “national agent”, “designated person” and “candidate” shall be construed as including a person or persons authorised for the purpose of subsection (4) by the said national agent, designated person, or candidate, as the case may be, and any expenditure incurred or payment made by such person or persons shall be disclosed by the national agent, designated person or candidate in the statement to be provided under section 13 .

(6) Where any election expenses are incurred at an election by a body which—

(a) was established by or on behalf of a political party or a candidate for the purposes of incurring election expenses or making payments in respect of such expenses or for any of the purposes referred to in subsection (1)(a), or

(b) is a member of or is a branch or subsidiary organisation of a political party, or

(c) is effectively controlled by a political party or by a candidate or is or appears to be so connected or associated with a political party or candidate that a reasonable person would believe that it is controlled or substantially influenced by that political party or candidate,

then such expenses shall be deemed to have been incurred on behalf of the party or the candidate concerned and shall be duly accounted for by the national agent, designated person or candidate.

(7) Before incurring any expenses at an election a person (other than the national agent of a political party or designated person or the candidate or a person authorised by any such agent, person or candidate for the purpose of subsection (4)) who proposes to incur election expenses shall furnish in writing to the specified local authority in the case of expenditure at a national level or to the local authority concerned in any other case—

(a) the name, address and description of the person proposing to incur the expenses,

(b) a statement of the nature, purpose and estimated amount of such expenses, and

(8) Where, notwithstanding sections 7 and 8, election expenses are incurred by or on behalf of a political party at an election before the appointment by the party of a national agent or a designated person, the political party shall furnish to the relevant agent or a designated person details of such expenses, together with all relevant vouchers, and such election expenses shall be deemed to be expenses incurred by the national agent or designated person.

(9) The publisher of a newspaper, magazine or other periodical publication shall not publish any advertisement or notice in relation to an election purporting to promote or oppose, directly or indirectly, the interests of a political party or a candidate at that election at the request of any person other than the national agent of a political party, designated person or a person authorised in writing by such agent or designated person, or a candidate at the election or a person authorised in writing by such candidate, unless the person produces to the said publisher a certificate from the specified local authority or from the local authority concerned that that person has complied with the provisions of subsection (7) in relation to that election.

(10) This section shall not be construed so as to prevent or restrict the lawful publication of any matter in relation to an election in a newspaper or other publication or the broadcast of such matter by radio or television or the lawful expression of opinion on any matter of public interest by any person.

(11) The Minister may by order specify a local authority as a “specified local authority” for the purposes of this Act.

Appointment of national agent.

7.—(1) (a) Before incurring any election expenses at an election, each political party, except a party registered to contest an election in only a part of the State, which authenticates the candidature of a candidate at the election shall appoint for the purposes of this Act an agent (in this Act referred to as a “national agent”).

(b) Not later than the last day for receiving nominations for an election, each political party which is required to appoint a national agent by virtue of paragraph (a) shall notify the specified local authority in writing of the name of its national agent and the address of his or her office.

(c) Nothing in this section shall be construed as prohibiting the appointment by a political party of a candidate at an election as the national agent.

(2) Where a political party referred to in subsection (1) has not, before the latest time for withdrawal of candidature at an election, notified the name of the national agent and the address of the agent’s office to the specified local authority, the appropriate officer appointed, or deemed to have been appointed, under section 71 of the Act of 1997, shall be deemed to be the national agent of the party, the party shall be deemed to have revoked the appointment of any other person as the national agent and the provisions of this Act shall apply to the said officer in the same manner as they apply to a national agent.

(3) A political party may, at any time, revoke the appointment of a national agent made by it under this section or deemed to be designated by it by virtue of subsection (2).

(4) (a) If, before the relevant statement of election expenses has been furnished to a specified local authority in accordance with section 13 , the appointment of a national agent is revoked, or a person appointed as such national agent dies, resigns or is otherwise unable to act, another national agent shall be appointed forthwith by the political party concerned.

(b) The provisions of this section shall have effect in relation to an appointment under this subsection and a national agent so appointed shall be subject to the provisions of this Act in the same manner as a national agent appointed otherwise under this section.

(5) As soon as may be after receipt of notification of the appointment of a national agent by a political party, pursuant to subsection (1) or (4) or where, in the absence of such notification, an appointment is deemed to have been made, the specified local authority shall publish in the Iris Oifigiuil the name of the national agent appointed or deemed to have been appointed, as the case may be, under this section, the political party by whom the national agent was appointed, or deemed to have been appointed, and the address of the office of the national agent.

Appointment of designated person.

8.—(1) (a) Before incurring any election expenses at an election in a local electoral area or in an electoral area on behalf of a candidate, a political party shall appoint for the purposes of this Act, a person (in this Act referred to as the “designated person”) who shall be responsible for submitting a statement of election expenses under section 13 .

(b) Not later than the last day for receiving nominations for an election, a political party which is required to appoint a designated person by virtue of paragraph (a) shall notify the local authority concerned in writing of the name of the said person and the address of his or her office.

(c) Nothing in this section shall be construed as prohibiting the appointment by a political party of a candidate at an election as the designated person.

(2) Where a political party referred to in subsection (1) has not, before the latest time for withdrawal of candidature at an election, notified the name of the designated person and the address of the person’s office to the local authority concerned, the appropriate officer appointed, or deemed to have been appointed, under section 71 of the Act of 1997, shall be deemed to be the designated person of the party, the party shall be deemed to have revoked the appointment of any other person as the designated person and the provisions of this Act shall apply to the said officer in the same manner as they apply to a designated person.

(3) A political party may, at any time, revoke the appointment of a designated person made by it under this section or deemed to be designated by it by virtue of subsection (2).

(4) (a) If, before the statement of election expenses has been furnished to the relevant local authority in accordance with section 13 , the appointment of the designated person is revoked, or a person appointed as such dies, resigns or is otherwise unable to act, another designated person shall be appointed forthwith by the political party concerned.

(b) The provisions of this section shall have effect in relation to an appointment under this subsection and a designated person so appointed shall be subject to the provisions of this Act in the same manner as a designated person appointed otherwise under this section.

(5) As soon as may be after receipt of notification of the appointment of a designated person by a political party, pursuant to subsection (1) or (4), the local authority concerned shall publish in a newspaper circulating in the functional area of the local authority the name of the designated person appointed under this section, the political party by whom the designated person was appointed and the address of the office of the designated person.

Office of agent and designated person.

9.—(1) The national agent of a political party and a designated person appointed under section 7 and 8 , respectively, shall each have in the State an office or place to which claims, notices, writs, summonses and other documents may be sent.

(2) Any claim, notice, writ, summons or document delivered at the office or place of the national agent of a political party or of the designated person and addressed to such agent or person shall be deemed to have been served on the agent or person and every such national agent or person may in respect of any matter connected with the election be sued in any court having competent jurisdiction at the place where the office of the agent or person is situate.

PART III

Contracts and Claims

Making of contracts.

10.—A contract (including a contract of employment and whether in writing or otherwise) by which any election expenses at an election exceeding £500 in value are incurred by or on behalf of a political party or by or on behalf of a candidate shall be made by the national agent of the political party or by the designated person concerned or by the candidate and shall not be enforceable against any of them unless so made.

Period for making claims relating to election expenses.

11.—Notwithstanding anything contained in any other enactment, every claim in respect of election expenses against a national agent of a political party, a designated person or a candidate or a person referred to in section 6 (7) which is not delivered to such national agent, designated person, candidate or person on or before the forty-fifth day after the polling day at the election, shall not be paid and shall not be enforceable against the said agent, designated person, candidate or person.

Disputed claims relating to election expenses.

12.—If a national agent of a political party, designated person, candidate or person to whom section 6 (7) applies disputes any claim delivered to such agent, designated person, candidate or person within the period allowed for delivery of such claims under section 11 , the person by whom the claim is made may apply to a court of competent jurisdiction for an order for payment of the claim and the court may, on being satisfied that the claim should be paid, make an order for payment and specify the amount which is payable.

PART IV

Statements and Information

Statement of donations and election expenses.

13.—(1) (a) (i) The national agent of a political party or a person who incurs election expenses under section 6 (7) at a national level shall, within 90 days next following the polling day at an election, furnish in person to the specified local authority a statement in writing of all election expenses (whether paid or not) incurred by such agent or person in relation to the election and the several matters to which such expenses relate.

(ii) A designated person or a person who incurs election expenses under section 6 (7) in respect of a local electoral area or electoral area in relation to a political party or otherwise at an election shall, within 90 days next following the polling day at an election, furnish in person to the local authority concerned, a statement in writing of all election expenses (whether paid or not) incurred by such designated person or person in relation to the election and the several matters to which such expenses relate.

(iii) A candidate shall, within 90 days following the polling day at an election, furnish in person to the local authority concerned a statement in writing of all election expenses (whether paid or not) incurred by such candidate in relation to the election, the several matters to which such expenses relate and details of donations referred to in paragraph (c).

(b) The national agent of a political party, a designated person or a person to whom section 6 (7) applies shall include in the statement of election expenses furnished by him or her under subparagraph (i) or (ii) of paragraph (a) details of the election expenses incurred by him or her. The statement shall be in the prescribed form and shall be accompanied by a statutory declaration made by the national agent, designated person or person to whom section 6 (7) applies by whom the statement is furnished, to the effect that to the best of his or her knowledge and belief the statement is correct in every material respect and that he or she has taken all reasonable action in order to be satisfied as to the accuracy of the statement.

(c) (i) A candidate at an election shall include in the statement of donations and election expenses furnished by him or her under paragraph (a) (iii) details of the election expenses he or she incurred pursuant to section 6 and the source of the income, including details of each donation over £500, to meet such expenses.

(ii) Where a person makes more than one donation to a candidate in relation to the same election, all such donations shall, for the purposes of subparagraph (i), be aggregated and treated as a single donation.

(iii) The statement shall be accompanied by a statutory declaration, made by the candidate by whom the statement is furnished, to the effect that to the best of his or her knowledge and belief the statement is correct in every material respect and that he or she has taken all reasonable action in order to be satisfied as to the accuracy of the statement.

(d) Each statement furnished under this subsection shall include particulars of all disputed claims, if any, and all claims, if any, received after the day referred to in section 11 .

(2) Where, after a statement is furnished under subsection (1), an order for payment of a claim is made by a court under section 12 , the national agent, designated person, candidate or person referred to in section 6 (7), as the case may be, shall, not later than 7 days after the date of the order of the court, furnish to the specified local authority or to the local authority concerned a copy of the said order together with a statement of the sum payable under the order.

(3) It shall be the duty of every national agent, designated person, candidate or other person who is required by this section to furnish a statement and make a statutory declaration to make such enquiries and maintain such records as are necessary for the purpose of furnishing the statement and making the declaration.

(4) Where a candidate standing nominated at an election dies—

(a) in any of the circumstances referred to in subarticle (1), (2) or (3) of article 28 of the Local Elections Regulations, 1995, or

(b) after the close of poll at the election and before a statement required under subsection (1) (a)(iii) has been furnished to the local authority concerned in respect of that candidate,

such statement shall not be required to be made to the local authority concerned.

(5) If a person to whom section 6 (7) applies, dies before the expiration of the period for furnishing a statement under subsection (1), such statement shall not be required to be made to the local authority concerned.

Details of statements, etc. to be furnished to members of local authority.

14.—(1) Subject to subsection (2), as soon as may be after the receipt of a statement and a statutory declaration furnished pursuant to subparagraph (ii) or (iii) of section 13 (1)(a) the clerk or secretary of the local authority concerned shall furnish a copy of the statement and declaration together with a copy of any relevant court orders to members of that local authority.

(2) Where an error or omission in a statement furnished pursuant to subparagraph (ii) or (iii) of section 13 (1)(a) is corrected or made good, as the case may be, in accordance with section 18 (2), the clerk or secretary of the local authority concerned shall furnish a copy of the statement as so corrected to members of that local authority.

Relief for non-compliance.

15.—(1) In any legal proceedings, where—

(a) the national agent of a political party fails to furnish to the specified local authority a statement of election expenses or any part of such statement or a statutory declaration which he or she was required to furnish under section 13 (1)(a)(i) or there is an error, omission or false or misleading statement therein, or

(b) the designated person fails to furnish to the local authority concerned a statement of election expenses or any part of such statement or a statutory declaration which he or she was required to furnish under section 13 (1)(a)(ii) or there is an error, omission or false or misleading statement therein, or

(c) a candidate at an election fails to furnish to the local authority concerned a statement of donations and election expenses or any part of such statement or a statutory declaration which he or she was required to furnish under section 13 (1)(a)(iii) or there is an error, omission or false or misleading statement therein, or

(d) a person referred to in section 6 (7) fails to furnish to the specified local authority or the local authority concerned a statement of election expenses or any part of such statement or a statutory declaration which the person was required to furnish under subparagraph (i) or (ii) of section 13 (1)(a) or there is an error, omission or false or misleading statement therein,

the following provisions of this section shall apply.

(2) Where it is shown to the Circuit Court that the failure, error, omission or false or misleading statement arose—

(a) due to the illness of a party to the proceedings,

(b) where a party to the proceedings is a national agent, due to the death, illness, absence or misconduct of any employee or former employee of such agent,

(c) where a party to the proceedings is a designated person, due to the death, illness, absence or misconduct of any employee, or former employee of such person,

(d) where a party to the proceedings is a candidate, due to the death, illness, absence or misconduct of any employee, or former employee of such candidate,

(e) where a party to the proceedings is a person referred to in section 6 (7), due to the death, illness, absence or misconduct of any employee or former employee of such person, or

(f) due to inadvertence or other reasonable cause not involving negligence on the part of such party to the proceedings, or the contravention, knowingly, by such party of the provisions of this Act,

and was not due to any lack of bona fides on the part of such party to the proceedings and where the proceedings are based wholly or partly on the grounds of misconduct on the part of any person, such misconduct was without the approval or knowledge of such party to the proceedings and such party took all reasonable action to prevent such misconduct, then the Circuit Court may, on application to it by such party, on being satisfied that it is appropriate so to do, make such order granting relief for the failure, error, omission or false or misleading statement the subject of the proceedings as it considers reasonable.

(3) An order made by virtue of subsection (2)—

(a) shall relieve the national agent, designated person, candidate, or person, as the case may be, the subject of the proceedings from any liability or consequences under this Act, and

(b) may make the granting of the relief conditional on the furnishing of a statement required under section 13 in a modified form or within an extended period of time and subject to compliance with such other conditions as seem proper to the court in order to give effect to this Act.

(4) For the purposes of this section, the relevant Circuit Court is that which sits in respect of the county where the principal office of the local authority to which an election was held is situated.

Power of court to require information.

16.—(1) Where, in dealing with legal proceedings referred to in section 15 , it appears to the Circuit Court that any person who is, or has been, the national agent of a political party, designated person or a candidate at an election or a person to whom section 6 (7) applies has refused or failed to furnish a statement pursuant to section 13 , or to furnish the particulars necessary to enable the provisions of this Act in relation to the furnishing of such a statement to be complied with, the Circuit Court may, before making an order under section 15 , order that person to attend before it.

(2) Unless a person referred to in subsection (1) shows cause to the contrary, the Circuit Court may order that person—

(a) to furnish the statement required under section 13 to the specified local authority or to the local authority concerned, or

(b) to furnish such particulars in the possession or procurement of that person as may be required for the purpose of furnishing such statement, as the Circuit Court thinks fit, within such period, to such person and in such manner as it directs, and may require that person to provide such explanation of such particulars as the Circuit Court directs.

(3) For the purposes of this section, the relevant Circuit Court is that which sits in respect of the county where the principal office of the local authority to which an election was held is situated.

Statements and fresh election.

17.—Where a fresh election is held in a local electoral area or electoral area under article 28, 70 or 71 of the Local Elections Regulations, 1995, the original election and the fresh election shall be deemed to be an election for the purposes of this Act and the provisions of this Act, including section 13 , shall be complied with accordingly by the national agent, designated person, candidate or person referred to in section 6 (7) as may be appropriate.

Review by local authority.

18.—(1) The clerk or secretary of a local authority shall register every statement furnished to a local authority pursuant to section 13 and shall give, by post or otherwise, notice in writing of the receipt of such statement to the person who furnished the statement.

(2) Where the local authority finds a minor error or omission in the statement, the local authority shall furnish to the unsuccessful candidate, elected member, designated person, national agent or other person concerned, as the case may be, by whom the statement was furnished details of the error or omission, as the case may be, and the local authority shall inform such person, that he or she may correct the error or make good the omission within the period of 14 days from the date on which the notification issued to such person.

(3) (a) Where the local authority receives a complaint or report in writing, in relation to a statement furnished to it pursuant to section 13 , and is of the opinion that there may have been a contravention of this Act, the clerk or secretary of the local authority shall furnish to the person who provided the statement details of the possible contravention and the clerk or secretary of the local authority shall inform that person that he or she may furnish comments on the matter to the local authority within 14 days from the date on which the notification issued to that person and that any such comments will be considered by the local authority before considering the matter further.

(b) Where the person to whom a notification issues under paragraph (a) furnishes to the local authority his or her comments on the matter referred to in the notification within the period referred to in paragraph (a), the local authority shall have regard to those comments.

(c) Where, following consideration of any comments which the person to whom a notification issues under paragraph (a), or where such person fails to make any such comments, the local authority continues to be of the opinion that there may have been a contravention of the provisions of this Act, the local authority may either initiate summary proceedings against the person concerned or furnish a written report on the matter (together with any relevant document or other thing in its possession) to the Director of Public Prosecutions.

(4) Notwithstanding the provisions of section 10 (4) of the Petty Sessions (Ireland) Act, 1851 , summary proceedings for an offence under this Act may be commenced—

(a) at any time within 12 months from the date on which the offence was committed,

(b) at any time within 6 months from the date on which evidence sufficient, in the opinion of the local authority by whom the proceedings are initiated, to justify the proceedings, comes to such authority’s knowledge,

whichever is the later, but no such proceedings shall be initiated later than 5 years from the date on which the offence concerned was committed.

(5) A local authority may make such inquiries as it considers appropriate and may require any person to furnish any information, document or thing in the possession or procurement of the person which the local authority may require for the purposes of its duties under this Act.

(6) A local authority—

(a) shall from time to time draw up and publish to persons to whom a provision of this Act applies guidelines concerning the steps to be taken by such persons to ensure compliance by them with this Act generally, and

(b) may, at the request of a person to whom a provision of this Act applies, give advice to the person in relation to any provision of this Act or as to the application, in any particular case, of any such provision.

(7) Where a request is made under subsection (6)(b) in relation to a particular case, the provisions of section 13 shall not, as respects the person who made the request, apply in relation to that case during the period from the making of the request to the time when advice is given by the local authority in relation to the case or the local authority declines to give such advice.

(8) The local authority shall, within 21 days of the receipt by it of a request for advice under subsection (6)(b), furnish the advice to the person concerned or notify the person of its decision to decline to do so.

Inspection of documents.

19.—(1) A local authority shall retain for a period ending at least 3 years from the latest date for furnishing statements referred to in section 13 —

(a) every statement and declaration furnished to it pursuant to section 13 ,

(b) a copy of any court order made pursuant to section 15 or 16 which relates to the local authority, and

(2) A local authority shall, within 14 days after the latest date for receipt of the statements referred to in section 13 , publish a notice in a newspaper circulating in its functional area of—

(a) the time and place at which the statements can be inspected, and

(b) the names of unsuccessful candidates, elected members, designated persons, national agents and persons who are referred to in section 6 (7) who have not furnished statements in accordance with section 13 .

(3) A local authority shall permit any person to inspect any documents to which this section relates, free of charge, and to take a copy thereof or an extract therefrom on payment of a fee not exceeding the reasonable cost of copying, at such times and subject to such conditions as the authority considers appropriate.

PART V

Disqualifications, Prosecutions and Miscellaneous Amendments

Disqualifications.

20.—(1) Where an unsucessful candidate at an election fails to furnish to the local authority concerned, within the period specified for this purpose, a statement of donations and election expenses or a statutory declaration pursuant to section 13 (1)(a)(iii), the person shall, on the expiry of such specified period, be disqualified for membership of any local authority for the remainder of the terms of office of the members of the local authority concerned.

(2) Where a member of a local authority elected at the election fails to furnish to the local authority concerned, within the period specified for this purpose, a statement of donations and election expenses or a statutory declaration pursuant to section 13 (1)(a)(iii) the member shall be suspended from membership of the authority for the period of 7 days commencing on the expiry of the time specified for this purpose, or a lesser period ending on the compliance by the member with the requirements of section 13 , and if at the end of that period the member has not complied with the requirements of section 13 , the member shall be disqualified for membership of any local authority.

(3) A disqualification arising pursuant to subsection (2) shall come into effect on the eighth day following the last day for compliance with the requirements of section 13 and the disqualification shall apply and have effect for the remainder of the term in office of the members of the local authority concerned.

(4) Where an unsuccessful candidate or an elected member of a local authority furnishes to the local authority concerned a statement of donations and election expenses which to the person’s knowledge is false or misleading in a material respect, the local authority concerned may bring summary proceedings against the unsuccessful candidate or elected member for making a false or misleading statutory declaration under the Statutory Declarations Act, 1938 .

(5) If a person is convicted by a court of an offence following proceedings initiated under subsection (4), in addition to any penalty imposed by the court, the person shall be disqualified for membership of any local authority and the disqualification shall apply and have effect for the remainder of the term in office of the members of the local authority concerned.

(6) Where a member of a local authority becomes disqualified for membership of a local authority pursuant to subsection (2) or (5), that person shall, immediately on such occurance cease to be such member and a vacancy shall exist accordingly in the membership of the local authority.

(7) A person who ceases to be a member of a local authority pursuant to this section shall on such cesser also cease to be a member of any body to which that person was elected, nominated or appointed by a local authority, or of which the person is a member by virtue of being a member of a local authority; but nothing in this subsection shall be construed so as to affect the validity of anything previously done by the person while he or she was a member of that body.

Offences and penalties.

21.—(1) The national agent of a political party shall be guilty of an offence if at an election he or she—

(a) fails to furnish to the specified local authority, within the period specified for this purpose, a statement of election expenses or a statutory declaration pursuant to section 13 (1)(a)(i), or

(b) furnishes to the specified local authority a statement of election expenses which, to the agent’s knowledge, is false or misleading in a material respect, or

(2) A designated person shall be guilty of an offence if at an election he or she—

(a) fails to furnish to the local authority concerned, within the period specified for this purpose, a statement of election expenses or a statutory declaration pursuant to section 13 (1)(a)(ii), or

(b) furnishes to the local authority concerned a statement of election expenses which, to the person’s knowledge, is false or misleading in a material respect, or

(3) A person to whom section 6 (7) applies shall be guilty of an offence if at an election he or she—

(a) fails to notify the specified local authority or the local authority concerned in accordance with that subsection of his or her intention to incur election expenses, or

(b) fails to furnish to the relevant local authority within the period specified for this purpose, a statement of election expenses or a statutory declaration pursuant to subparagraph (i) or (ii) of section 13 (1)(a), or

(c) furnishes to the relevant local authority a statement of election expenses which, to the person’s knowledge, is false or misleading in a material respect, or

(d) fails otherwise to comply with the provisions of section 13 .

(4) A person shall be guilty of an offence if he or she publishes in a newspaper, magazine or other periodical publication of which he or she is publisher an advertisement or notice in relation to an election purporting to promote or oppose the interests of a political party or a candidate at that election at the request of any person other than the national agent or designated person of a political party, or a person authorised in writing by such agent or person or a candidate at the election or a person authorised in writing by such candidate unless that person produces to the said publisher a certificate from a local authority referred to in section 6 (9).

(5) (a) Where a person is guilty of an offence under this section—

(i) he or she shall be liable on summary conviction to a fine not exceeding £1,500,

(ii) where the offence is an offence to which subsection (1) (b), (2) (b) or (3) (c) relates, he or she shall be liable, on conviction on indictment to a fine not exceeding £20,000 or, at the discretion of the court, to imprisonment for a period not exceeding 3 years or to both such fine and such imprisonment.

(b) Where a conviction relates to a failure to furnish a statement of election expenses under section 13 the person concerned shall be guilty of a further offence on every day on which the failure continues after such conviction and for each such offence the person concerned shall be liable, on summary conviction, to a fine not exceeding £100.

(6) Proceedings for an offence under this section shall not be instituted except by or with the consent of the Director of Public Prosecutions.

Cost of prosecutions.

22.—Where a person is convicted of an offence in proceedings brought by a local authority under this Act, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the local authority, the costs and expenses, measured by the court, incurred by the local authority in relation to the investigation, detection and prosecution of the offence and in respect of the remuneration and other expenses of employees, consultants and advisers, as the case may be.

Local election petition.

23.—The Local Elections (Petitions and Disqualifications) Act, 1974 , is hereby amended:

(a) by the insertion of the following subsection after subsection (3) of section 4:

“(3A) Where a petition alleges an irregularity or non-compliance with any provision of the Local Elections (Disclosure of Donations and Expenditure) Act, 1999, whether before or after the result of the local election was declared by the returning officer, notwithstanding the fact that another petition relating to the same election may have been previously presented or tried, the petition may be presented within the twenty eight days next after the publication of a notice by a local authority under section 19 (2).”,

(b) by the insertion of the following subsection after subsection (1) of section 5:

“(1A) A local election shall not be declared invalid because of a non-compliance with any provision of the Local Elections (Disclosure of Donations and Expenditure) Act, 1999, or mistake in the use of forms provided for in regulations made under that Act, where it appears to the court that a candidate, national agent, designated person (within the meaning of that Act) or person to whom section 6 (7) of that Act applies, as the case may be, complied with the principles laid down in that Act taken as a whole and that such non-compliance or mistake did not materially affect the result of the election.”.

Amendment of section 6 of Local Government Act, 1994.

24.— Section 6 of the Local Government Act, 1994 , is hereby amended by the deletion of subsections (1) (g) and (3).

PART VI

Local Elections and European Parliament Elections Research

Research into electronic methods of recording and counting of votes.

25.—(1) (a) For the purpose of research relating to the introduction of electronic methods of recording votes on ballot papers by electors and the counting of such votes and notwithstanding anything to the contrary contained in—

(i) section 20(1) of, and Part XII of the Second Schedule to, the European Parliament Elections Act, 1997 , or

(ii) Part XIV of the Local Elections Regulations, 1995 ( S.I. No. 297 of 1995 ),

the Minister may, in respect of any election held in the year 1999 for the purpose of electing persons as members of the European Parliament or of a local authority, by order provide for the inspection of counted ballot papers and, accordingly, references in the said Part XII or the said Part XIV relating to—

(I) the retention in the manner provided of ballot papers shall not apply to the extent provided for by the Minister by order under this subsection, and

(II) the destruction of ballot papers at the expiration period stated in those provisions shall apply subject to such longer period as may be provided for by the Minister by order under this subsection.

(b) Subject to subsection (2), the Minister may authorise—

(i) the carrying out of research for the purposes of this section by, or

(ii) the disclosure of information or a specified part thereof to,

such class or classes of persons as are specified in the order under this subsection.

(c) An order under this subsection may include such other matters as the Minister considers consequential to, or necessary for, the purposes of this subsection.

(d) An order under this subsection may be amended or revoked by the Minister by order.

(2) Research carried out by virtue of subsection (1) shall be conducted so as to ensure that the manner in which any voter voted shall not be disclosed as a consequence of conducting such research.

(3) No research shall be carried out by virtue of subsection (1) in connection with any constituency, electoral area or local electoral area until the expiry of the period specified for presenting a petition questioning the European Parliament election or local election or, if an election petition is lodged in court in connection with any such constituency, electoral area or local electoral area, until the court concerned has made an order determining the matter at issue in the petition or in the event of an appeal on a question of law against the decision of the court, until the matter has been finally determined.

(4) A person who is engaged in any capacity on the research referred to in subsection (1) and who communicates any information obtained at such research to any person without lawful authorisation shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500.

(5) In this section “lawful authorisation” means in accordance with an order made under subsection (1) and not in contravention of subsection (2).

S.I. No. 118/2019 –

Local Elections (Disclosure Of Donations And Expenditure) Act 1999 (Period For Reckoning Election Expenses) Order 2019

View SIAmendments

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 29th March, 2019.

I, Eoghan Murphy, Minister for Housing, Planning and Local Government, in exercise of the powers conferred on me by section 12B of the Local Elections (Disclosure of Donations and Expenditure) Act 1999 (No. 7 of 1999), hereby order as follows:

1. This Order may be cited as the Local Elections (Disclosure of Donations and Expenditure) Act 1999 (Period for Reckoning Election Expenses) Order 2019.

2. The period referred to in section 12B of the said Act during which election expenses at local elections to be held in the year 2019 shall be reckoned for the purposes of Part IIIA of the said Act shall commence on the 30th day of March 2019.

3. The period referred to in the said section 12B shall end on the 24th day of May 2019.

/images/ls

GIVEN under my Official Seal,

26 March, 2019.

EOGHAN MURPHY,

Minister for Housing, Planning and Local Government.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation).

This Order determines the period for the reckoning of election expenses incurred by or on behalf of a candidate, designated person, national agent of a political party, or third party at the local elections to be held on 24 May 2019, in accordance with section 12B of the Local Elections (Disclosure of Donations and Expenditure) Act 1999 .

Section 12A of the said Act specifies limits on electoral expenditure which may be incurred by a candidate, designated person and national agent during the period specified in the Order.

ELECTORAL (AMENDMENT) ACT 2009

REVISED

Updated to 9 January 2023

AN ACT TO REVISE DÁIL AND EUROPEAN PARLIAMENT CONSTITUENCIES, TO PROVIDE FOR THE NUMBER OF MEMBERS TO BE ELECTED FOR SUCH CONSTITUENCIES, TO AMEND THE LAW RELATING TO THE CONSTITUENCY COMMISSION, AND FOR THOSE AND OTHER PURPOSES TO AMEND THE EUROPEAN PARLIAMENT ELECTIONS ACT 1997 AND CERTAIN OTHER ENACTMENTS, TO AMEND AND GIVE STATUTORY EFFECT TO THE LOCAL ELECTIONS REGULATIONS 1995 AND TO PROVIDE FOR RELATED MATTERS.

[24th February, 2009]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1
Prospective affecting provision: application of collectively cited Electoral Acts and European Parliament Elections Acts restricted by Electoral Reform Act 2022 (30/2022), s. 126(3)(a), (b), not commenced as of date of revision.

Exemptions from public information requirements

126. (1) A notice placed or displayed on an online platform by the persons specified in subsection (2) for the purpose, and in the course, of performing their statutory functions under the enactments specified in subsection (3) shall not be construed as being an “online political advertisement” for the purposes of this Part.

(2) The following persons are specified for the purposes of subsection (1):

(a) the Minister;

(b) the Commission;

(d) the presidential returning officer and a local returning officer (within the meaning of sections 9 and 10, respectively, of the Act of 1993);

(e) the referendum returning officer and a local returning officer (within the meaning of sections 14 and 15, respectively, of the Act of 1994);

(f) the chief returning officer, a returning officer and a local returning officer (within the meaning of sections 15A, 16 and 17, respectively, of the Act of 1997);

(g) a returning officer (within the meaning of section 14 of the Seanad Electoral (University Members) Act 1937 );

(h) the Seanad returning officer (within the meaning of section 4 of the Seanad Electoral (Panel Members) Act 1947 );

(i) a returning officer (within the meaning of Article 4 of the Local Elections Regulations 1995);

(j) a local authority.

(3) The enactments specified for the purposes of subsections (1) and (2) are:

(a) the Electoral Acts 1992 to 2022;

(b) the European Parliament Elections Act 1992 to 2022;

…

C2
Application of collectively cited Electoral Acts 1923 to 1990, Electoral Acts 1992 to 2013, European Parliament Elections Acts 1977 to 1993 and European Parliament Elections Acts 1992 to 2013 restricted (1.07.2014) by Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2014 (6/2014), s. 2(6)(a), (b), S.I. No. 210 of 2014.

Payment of Parliamentary Activities Allowance to parliamentary leaders of qualifying parties and to independent members

…

(6) An allowance paid under this section shall not be used for, or to recoup, election or poll expenses incurred for the purposes of any election or poll held under—

(a) the Electoral Acts 1923 to 1990 or the Electoral Acts 1992 to 2013,

(b) the European Parliament Elections Acts 1977 to 1993 or the European Parliament Elections Acts 1992 to 2013,

…

PART 1

Preliminary and General

Section 1
Short title, collective citations and construction.

1.— (1) This Act may be cited as the Electoral (Amendment) Act 2009.

(2) The Electoral Acts 1992 to 2007 and this Act may be cited together as the Electoral Acts 1992 to 2009 and shall be read together as one.

(3) The European Parliament Elections Acts 1992 to 2006 and this Act (in so far as it relates to European Parliament elections) may be cited together as the European Parliament Elections Acts 1992 to 2009 and shall be read together as one.

(4) The Local Elections Acts 1974 to 2006 and this Act (in so far as it relates to local elections) may be cited together as the Local Elections Acts 1974 to 2009 and shall be read together as one.

Section 2
Interpretation.

2.— (1) In this Act “Local Elections Regulations” means the Local Elections Regulations 1995 (S.I. No. 297 of 1995).

(2) F1[…]

Annotations

Amendments:

F1
Repealed (3.02.2016) by Electoral (Amendment) (Dáil Constituencies) Act 2013 (7/2013), s. 5(1), commenced as per s. 5(2).

PART 2

Dáil Constituencies and Number of Members

Section 3
Number of members of Dáil Éireann.

3. — F2[…]

Annotations

Amendments:

F2
Repealed (3.02.2016) by Electoral (Amendment) (Dáil Constituencies) Act 2013 (7/2013), s. 5(1), commenced as per s. 5(2).

Section 4
Constituencies.

4.— F3[…]

Annotations

Amendments:

F3
Repealed (3.02.2016) by Electoral (Amendment) (Dáil Constituencies) Act 2013 (7/2013), s. 5(1), commenced as per s. 5(2).

Section 5
Number of members to be returned for constituency.

5.— F4[…]

Annotations

Amendments:

F4
Repealed (3.02.2016) by Electoral (Amendment) (Dáil Constituencies) Act 2013 (7/2013), s. 5(1), commenced as per s. 5(2).

Section 6
Repeal.

6.— (1) Sections 1, 2, 3, 4, 5 and 7 of, and the Schedule to, the Electoral (Amendment) Act 2005 are repealed.

(2) Subsection (1) shall come into operation on the dissolution of Dáil Éireann that next occurs after the passing of this Act.

PART 3

European Parliament Constituencies and Number of Members

Section 7
Amendment of section 15 of European Parliament Elections Act 1997.

7.— Section 15 of the European Parliament Elections Act 1997 is amended by substituting the following subsection for subsection (3):

“(3) An area specified in the Third Schedule shall be taken to be that area as constituted on 1 March 2008.”.

Section 8
Substitution of Third Schedule to European Parliament Elections Act 1997.

8.— The European Parliament Elections Act 1997 is amended as respects European elections held after 1 January 2009 by substituting the following Schedule for the Third Schedule to that Act:

Section 15.

“THIRD SCHEDULE

Constituencies

Constituency

Area

Number of Members

Dublin

The counties of:

Dún Laoghaire-Rathdown, Fingal and South Dublin;

and the city of Dublin.

East

The counties of:

Carlow, Kildare, Kilkenny, Laois, Louth, Meath, Offaly, Wexford and Wicklow.

North-West

The counties of:

Cavan, Clare, Donegal, Galway, Leitrim, Longford, Mayo, Monaghan, Roscommon, Sligo and Westmeath;

and the city of Galway.

South

The counties of:

Cork, Kerry, Limerick, North Tipperary, South Tipperary and Waterford;

and the cities of Cork, Limerick and Waterford.

”.

PART 4

Constituency Commission

Section 9
Substitution of Part II of Electoral Act 1997.

9.— The Electoral Act 1997 is amended by substituting the following Part for Part II:

“PART II

Constituency Commission

Establishment of Constituency Commission.

5.— (1) Upon the publication by the Central Statistics Office, following a Census of Population, of the Census Report setting out the preliminary result of the Census in respect of the total population of the State there shall be established by the Minister, by order, a commission (in this Act referred to as “a Constituency Commission”) to perform the functions assigned to it by this Part.

(2) A Constituency Commission and its members shall be independent in the performance of their functions under this Act.

(3) Every order made under subsection (1) shall be laid before each House of the Oireachtas as soon as may be after it is made.

Functions of Constituency Commission.

6.— (1) It shall be the function of a Constituency Commission to make a report in relation to the constituencies for—

(a) the election of members to the Dáil, and

(b) the election of members of the European Parliament.

(2) In preparing a report under subsection (1)(a) a Constituency Commission shall, in observing the relevant provisions of the Constitution in relation to Dáil constituencies, have regard to the following:

(a) the total number of members of the Dáil, subject to Article 16.2.2° of the Constitution, shall be not less than 164 and not more than 168;

(b) each constituency shall return 3, 4 or 5 members;

(d) each constituency shall be composed of contiguous areas;

(e) there shall be regard to geographic considerations including significant physical features and the extent of and the density of population in each constituency; and

(f) subject to the provisions of this section, the Commission shall endeavour to maintain continuity in relation to the arrangement of constituencies.

(3) In preparing a report under subsection (1)(b) a Constituency Commission shall have regard to the following:

(a) the total number of members of the European Parliament to be elected in the State shall be 12 or such other number as may be specified for the time being pursuant to the treaties governing the European Communities;

(b) there shall be reasonable equality of representation as between constituencies; and

(4) The reference in subsection (2)(c) to county boundaries shall be deemed not to include a reference to the boundary of a city or any boundary between any 2 of the counties of Dún Laoghaire-Rathdown, Fingal and South Dublin.

Membership of Constituency Commission.

7.— A Constituency Commission shall consist of the following members:

(a) (i) a judge of the Supreme Court, or

(ii) following consultation with the President of the High Court, a judge of the High Court,

nominated by the Chief Justice, who shall be the chairperson of the Commission;

(b) the Ombudsman;

(d) the Clerk of the Dáil; and

(e) the Clerk of the Seanad.

Provisions in relation to members.

8.— (1) Where, before the reports of a Constituency Commission have been presented to the Chairman of the Dáil under section 9, the person appointed to be chairperson of the Commission—

(a) through ill-health or other reasonable cause becomes unable to act as such chairperson, the Chief Justice shall assign another judge of the Supreme Court or, following consultation with the President of the High Court, another judge of the High Court to be a member and the chairperson of the Commission,

(b) ceases to hold office as a judge of the Supreme Court or of the High Court, the person shall continue as such chairperson until the reports of the Commission have been presented unless the Chief Justice assigns another judge of either court to be a member and the chairperson of the Commission.

(2) Where the holder of an office referred to in paragraphs (b) to (e) of section 7, through ill-health or other reasonable cause, is unable to act as a member of a Constituency Commission or any such office is vacant, the Minister may appoint, in the case of—

(a) the Ombudsman, the Director General of the Office of the Ombudsman,

(b) the Secretary General of the Department of the Environment, Heritage and Local Government, another officer of the Minister, who is an established civil servant for the purposes of the Civil Service Regulation Acts 1956 to 2005,

(d) the Clerk of the Seanad, the Clerk Assistant of the Seanad,

to be a member of the Commission and the person so appointed shall remain a member of the Commission until the reports of the Commission are presented to the Chairman of the Dáil under section 9.

(3) Where, before the reports of a Constituency Commission have been presented to the Chairman of the Dáil under section 9, a person who is a member of the Commission ceases to hold an office referred to in paragraphs (b) to (e) of section 7, the person shall continue as a member of the Commission until the reports of the Commission have been presented unless the Minister by order directs that the person’s successor in office or the appropriate person referred to in subsection (2) shall be a member of the Commission.

(4) Subject to subsections (1), (2) and (3), a Constituency Commission may act notwithstanding vacancies in its membership.

Report of Constituency Commission.

9.— (1) As soon as may be after publication by the Central Statistics Office of the Census Report setting out the final result of the Census referred to in section 5(1) in respect of the total population of the State and, in any event, not later than 3 months after such publication, the Constituency Commission shall present to the Chairman of the Dáil—

(a) a report containing the recommendations of the Commission in relation to the constituencies for the election of members to the Dáil and any alteration of those constituencies which the Commission considers appropriate, and

(b) a report containing the recommendations of the Commission in relation to the constituencies for the election of members of the European Parliament and any alteration of those constituencies which the Commission considers appropriate.

(2) A report of a Constituency Commission under this section may indicate that, in the opinion of the Commission having regard to subsection (2) or (3) of section 6, no alteration is required to be made in the constituencies to which the report relates.

(3) Upon the presentation by a Constituency Commission of the reports to be presented under this section, the Commission shall stand dissolved.

(4) As soon as may be after the receipt of a report of a Constituency Commission, the Chairman of the Dáil shall cause such report to be laid before each House of the Oireachtas.

Constituency Commission to invite and consider submissions.

10.— (1) A Constituency Commission shall, as soon as may be after its establishment, give public notice of its intention to make a report relating to—

(a) the constituencies for the election of members to the Dáil, and

(b) the constituencies for the election of members of the European Parliament.

(2) As soon as may be after its establishment, a Constituency Commission shall prepare—

(a) a statement setting out the relevant provisions of the Constitution in relation to Dáil constituencies to which the Commission is required to have regard in preparing a report under section 6(1)(a), and

(b) statements based on the population as set out in the Census Report setting out the preliminary result of the Census referred to in section 5(1) in respect of the total population of the State showing, for the constituencies for the time being in force for Dáil and European elections, in relation to each constituency:

(i) the number of members of the Dáil or European Parliament, as the case may be;

(ii) the population of the constituency;

(iii) the population per member of the Dáil or European Parliament, as the case may be, of the constituency; and

(iv) the percentage variation of population per member of the Dáil or European Parliament, as the case may be, of the constituency from the national average population per member.

(3) The public notice referred to in subsection (1) shall indicate that—

(a) the statements prepared by the Constituency Commission under this section shall be made available free of charge by the Commission, to any person wishing to examine them, in such manner as shall be specified in the notice,

(b) any person may make a submission to the Commission in such manner and within such period (which shall be not less than 3 months after the date of the giving of the notice) as shall be specified in the notice, and

(c) submissions received by the Commission in the manner and within the period specified in the notice shall be made available free of charge by the Commission, to any person wishing to examine them, in such manner and within such period as shall be specified in the notice.

(4) The statements prepared by the Constituency Commission, and any submissions received by it, under this section shall be made available free of charge by the Commission, to any person wishing to examine them, in accordance with a public notice referred to in subsection (1).

(5) The Constituency Commission shall consider every submission made to it in accordance with a public notice referred to in subsection (1).

Staff of and assistance to Constituency Commission.

11.— (1) The Minister shall make available to a Constituency Commission such services, including the services of staff, as may reasonably be required by the Commission.

(2) The Director General of the Central Statistics Office and the Chief Executive Officer of Ordnance Survey Ireland shall, on a request being made in that behalf, provide free of charge to a Constituency Commission such assistance as the Commission may reasonably require for the purpose of the performance of its functions.

Expenses of Constituency Commission.

12.— The reasonable expenses of a Constituency Commission, including the travelling and other expenses of the members of the Commission, shall, subject to such conditions as the Minister with the consent of the Minister for Finance may determine, be paid out of moneys provided by the Oireachtas.

Procedure of Constituency Commission.

13.— Subject to the provisions of this Act, a Constituency Commission shall regulate its own procedure.

Prohibition on disclosure of information.

14.— (1) No person shall, without the consent of a Constituency Commission, disclose to any person any information obtained while serving as (or during service as) a member of the Commission or as a person whose services are made available to the Commission under section 11 relative to the business of the Commission or the performance of the functions of the Commission.

(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €5,000.

Prohibition of certain co-mmunications.

15.— (1) Subject to the provisions of section 10, it shall not be lawful for any person to communicate with the members of or staff whose services are made available to a Constituency Commission under section 11 for the purposes of influencing the Commission in carrying out its functions.

(2) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €5,000.”.

PART 5

European Parliament Elections

Section 10
Substitution of sections 12 and 13 of European Parliament Elections Act 1997.

10.— The European Parliament Elections Act 1997 is amended by substituting the following sections for sections 12 and 13:

“

Nomination of candidates and replacement candidates.

12.— (1) At a European election a person may nominate himself or herself as a candidate or may, with his or her consent, be nominated by another person (being a person registered as a European elector in the constituency for which the person proposes to nominate the candidate) as proposer.

(2) In the case of a candidate whose candidature is not authenticated by a certificate of political affiliation under rule 5(3) of the Second Schedule, one or other of the following paragraphs shall, before the expiration of the time appointed by this Act for receiving nominations, be complied with:

(a) the candidate’s nomination shall have been assented to by 60 persons (excluding the candidate and any proposer) who are registered as European electors in the constituency (each of whom in this Act is referred to as an ‘assentor’);

(b) the candidate, or someone on his or her behalf, shall have made a deposit in accordance with section 13.

(3) The following provisions apply in respect of the assents required by subsection (2)(a) to the nomination of a candidate referred to in that subsection:

(a) to assent to the nomination, an assentor shall make a statutory declaration in the prescribed form stating the following:

(i) his or her number (including polling district letters) on the register of European electors in force on the date of the making of the statutory declaration;

(ii) his or her place of ordinary residence in respect of which he or she is registered in the register of European electors referred to in subparagraph (i);

(iii) his or her contact details, including telephone numbers (if any);

(iv) the name of the European Parliament constituency, on the date of the making of the statutory declaration, in which he or she is ordinarily resident;

(v) the name and address of the candidate;

(vi) the form of identification produced by him or her in accordance with paragraph (b), including any number on it that distinguishes it from similar forms held by others;

(vii) that he or she assents to the nomination of the candidate;

(viii) that he or she has not assented to the nomination of any other candidate in respect of that European election;

(b) when making the statutory declaration referred to in paragraph (a), the assentor shall produce to the person taking and receiving the declaration a prescribed photographic identification and shall, on so doing, be deemed, for the purposes of the Statutory Declarations Act 1938, to be personally known to the person taking and receiving the declaration;

(c) the assent shall have effect as respects, and only as respects, the European Parliament constituency in which the place referred to in paragraph (a)(ii) is situate at the time of the European election concerned;

(d) subject to paragraph (e), the assent shall have effect as respects, and only as respects, the European election in the constituency referred to in paragraph (c) held next after the making of the statutory declaration;

(e) notwithstanding paragraph (d), the assent shall cease to have effect if the register of European electors referred to in paragraph (a) ceases to be in force before the holding of the European election referred to in paragraph (d);

(f) the candidate or proposer shall attach the required number of statutory declarations (that is to say, the 60 statutory declarations constituting the assents) to the nomination paper and the nomination paper delivered to the returning officer in accordance with rule 11 of the Second Schedule shall have the declarations so attached;

(g) where more than the required number of statutory declarations is attached to the nomination paper, the declarations (up to the required number) first attached to the nomination paper shall be taken into account to the exclusion of any others;

(h) it shall be lawful for a member of the Garda Síochána or an official of the registration authority to take and receive a statutory declaration referred to in paragraph (a) and any such declaration shall be stamped by the member or official concerned;

(i) a registration authority and a returning officer shall arrange for the provision of forms for the purposes of making a statutory declaration referred to in paragraph (a) free of charge to any person who requests such a form.

(4) For the purposes of subsections (2)(a) and (3), a person whose application to have his or her name entered in a supplement to the register of European electors is approved by the registration authority at or before the latest time for delivery of a nomination paper to the returning officer shall be deemed to be registered as a European elector in the applicable constituency.

(5) At a European election—

(a) a registered political party, and

(b) a person who in relation to the election is a non-party candidate,

may, subject to and in accordance with rules 17, 18 and 19 of the Second Schedule, nominate one or more persons, with the consent of the person or persons concerned, to be as regards the election replacement candidates.

(6) Subject to rule 17(b) of the Second Schedule, a person who is a candidate at a European election shall be eligible for nomination as a replacement candidate.

(7) At a European election a person may not be nominated as a candidate or as a replacement candidate in respect of more than one constituency.

Deposit by certain candidates.

13.— (1) This section applies to a candidate referred to in section 12(2) unless the candidate concerned has opted to have his or her nomination assented to by the means specified in section 12(2)(a) and (3).

(2) A candidate at a European election referred to in section 12(2), or someone on his or her behalf, may, before the expiration of the time appointed by this Act for receiving nominations, deposit with the returning officer the sum of €1,800, and if he or she fails to do so, his or her candidature shall be deemed to have been withdrawn.

(3) The deposit that may be made by or on behalf of a candidate pursuant to this section may be made by means of legal tender or, with the consent of the returning officer, in any other manner.

Return or disposal of deposit.

13A.— (1) The deposit referred to in section 13 shall be returned where the candidate—

(a) withdraws his or her candidature in accordance with rule 15 of the Second Schedule,

(b) dies before the poll is closed,

(d) is elected, or

(e) is not elected but the greatest number of votes credited to him or her at any stage of the counting of the votes at the European election exceeds one quarter of the quota.

(2) Any deposit which is not returned under the foregoing subsection shall be forfeited.

(3) Where a deposit is to be returned under subsection (1) it shall be returned to the person by whom it was made, provided that a deposit made by a person who dies before the deposit is returned shall be returned to the personal representative of that person.

(4) A deposit forfeited under this section shall be disposed of by the returning officer in such manner as may be directed by the Minister for Finance.

(5) In this section ‘personal representative’ has the meaning assigned to it by section 3 of the Succession Act 1965.”.

Section 11
Substitution of rules 2 to 5 of Second Schedule to European Parliament Elections Act 1997.

11.— The Second Schedule to the European Parliament Elections Act 1997 is amended by substituting the following rules for rules 2 to 5:

“

Notice of election.

2.— The returning officer shall, not later than the twenty-eighth day (disregarding any excluded day) before the polling day, give public notice in the form directed by the Minister of the European election (in this Schedule referred to as the ‘notice of election’) stating—

(a) the times for receiving nominations,

(b) the requirement on candidates referred to in section 12(2) to secure 60 assents or make a deposit in accordance with section 13,

(c) the times and place at which nomination papers, replacement candidates lists and the forms of statutory declaration referred to in rule 6 may be obtained,

(d) the times and place at which the returning officer will attend to receive nominations, and

(e) the day and the period fixed for the holding of the poll if the election is contested.

3.— On the day (disregarding any excluded day) before the latest date for the publication of the notice of election, the Registrar of Political Parties shall send to each returning officer a copy of the Register of Political Parties.

Necessity for nomination.

4.— A person shall not be entitled to have his or her name inserted in a ballot paper as a candidate at a European election unless that person has been nominated in the manner provided by this Act and the person’s nomination paper has been ruled as valid by the returning officer.

Nomination of candidates.

5.— (1) Each candidate shall be nominated by a separate nomination paper in the prescribed form. The form of nomination paper may include—

(a) a note of the qualifications, disqualifications and incapacities as regards election to and membership of the Parliament,

(b) a note of the provisions that apply under this Act to the nomination of a candidate referred to in section 12(2), including—

(i) the fact that a candidate referred to in section 12(2) may either follow the procedure for assenting under section 12(2)(a) and (3) or make a deposit under section 13,

(ii) the procedure for assenting under section 12(2)(a) and (3), and

(iii) the procedure for making a deposit under section 13,

(i) a citizen of Ireland or a British citizen, or

(ii) a national of a Member State, other than the State or the United Kingdom,

and

(d) a form of declaration, to be signed by the candidate or the candidate’s proposer, that he or she has read the note referred to in paragraph (a) and believes that—

(i) the information furnished in the nomination paper is correct in all material respects, and

(ii) the candidate is eligible for election, has consented to the nomination, does not stand validly nominated in respect of any other constituency and is not a candidate at the election in any other Member State.

(2) Each nomination paper shall state the names (the surname being stated first) and the address and the occupation (if any) of the candidate.

(3) (a) A candidate may include in the nomination paper the name of the registered political party of which he or she is a candidate or the name of such political party together with the name of any political group noted on the Register of Political Parties in relation to that political party, provided that, at the time the nomination paper is delivered to the returning officer, a certificate in the form directed by the Minister (in this Schedule referred to as a ‘certificate of political affiliation’) authenticating the candidature is produced to the returning officer, being a certificate signed by the officer or officers of such party whose name or names appear in the said Register pursuant to section 25(7)(d) of the Act of 1992. Where such a certificate is produced, the returning officer, provided he or she is satisfied that it is appropriate to do so in relation to the candidate, shall cause—

(i) a statement of the name of the relevant political party and a copy of the political party’s emblem as registered in the said Register to be specified in relation to the candidate on all the ballot papers, and

(ii) a statement of the name of the relevant political party to be specified in relation to the candidate on notices.

(b) Where a candidate includes in the nomination paper a statement of the name of a political group in addition to the name of a political party, the returning officer, provided he or she is satisfied that it is appropriate to do so in relation to the candidate, shall cause a statement of the name of such political group in addition to the name of such party to be specified on all such ballot papers and notices.

(4) Where a candidate is not the candidate of a registered political party, the candidate shall be entitled to enter after his or her name on the nomination paper the expression ‘Non-Party’ and, if the candidate does so, the returning officer shall cause a statement of that expression to be specified in relation to the candidate on all the ballot papers and on notices.

(5) A person to whom paragraph (4) applies may include in the nomination paper the name of any political group formed in accordance with the rules of procedure of the Parliament of which he or she is a member, provided that, at the time the nomination paper is delivered to the returning officer, a certificate (in this Schedule referred to as a ‘certificate of European political affiliation’) is also produced to the returning officer, being a certificate signed by a member of the Secretariat of the relevant political group that the person in question is a member of the political group formed in accordance with the rules of procedure of the Parliament and named in the certificate. Where such a certificate is produced, the returning officer, provided he or she is satisfied that it is appropriate to do so in relation to the candidate, shall cause a statement of the name of such political group, in addition, where appropriate, to the expression ‘Non-Party’, to be specified in relation to the candidate on all the ballot papers and on notices.

(6) Every reference in this rule to the Register of Political Parties shall be construed as a reference to the copy of that Register sent to the returning officer pursuant to rule 3.”.

Section 12

Substitution of rule 13 of Second Schedule to European Parliament Elections Act 1997.

12.— The Second Schedule to the European Parliament Elections Act 1997 is amended by substituting the following rule for rule 13:

“

Ruling on validity of nomination papers.

13.— (1) (a) The returning officer shall rule on the validity of each nomination paper within one hour after its delivery to him or her and, subject to paragraph (d), may rule that it is invalid if, but only if, he or she considers that the paper is not properly made out or signed.

(b) Without prejudice to paragraphs (a) and (d), the returning officer may also rule that the nomination paper of a candidate referred to in section 12(2)(a) is invalid if he or she considers that the provisions of section 12(2)(a) and (3) have not been complied with.

(c) The returning officer shall not rule that a nomination paper is invalid because an assentor has assented to the nomination of more than one candidate at the same European election.

(d) The returning officer shall rule invalid any nomination paper relating to a person referred to in rule 6(1) which is not accompanied by both the statutory declaration and the attestation referred to in that rule or where it appears to the returning officer that the said declaration or attestation does not conform with the said rule 6.

(2) The candidate nominated by each nomination paper and the candidate’s proposer, if any, and one other person designated by the candidate or proposer, as the case may be, and no other person, except with the permission of the returning officer, shall be entitled to attend while the said nomination paper is being ruled upon by the returning officer.

(3) The returning officer shall object to the name of a candidate in a nomination paper if such name—

(a) is not a name by which the candidate is commonly known,

(b) is misleading and likely to cause confusion,

(d) contains a political reference,

and where the returning officer so objects, he or she shall allow the candidate or proposer, as may be appropriate, to amend the name and, if it is not so amended to the returning officer’s satisfaction, the returning officer may amend it, as he or she thinks fit, after consultation with the candidate or proposer, if either is present, or may rule that the nomination paper is invalid as not being properly made out.

(4) The returning officer shall object to the description of a candidate in a nomination paper which is, in the opinion of the returning officer, incorrect, insufficient to identify the candidate or unnecessarily long or which contains a political reference other than, where appropriate, a reference to a public or elected office held, or formerly held, by the candidate or an entry made pursuant to paragraph (3), (4) or (5) of rule 5. Where a returning officer so objects, he or she shall allow the candidate or proposer, as may be appropriate, to amend the description and, if it is not so amended to the returning officer’s satisfaction, the returning officer may amend or delete it, as he or she thinks fit, after consultation with the candidate or proposer, if either is present, or may rule that the nomination paper is invalid as not being properly made out.

(5) Having ruled on the validity of a nomination paper, the returning officer shall put a note of the decision on the nomination paper and shall sign the note. If the returning officer rules that the paper is invalid, the officer shall include a statement of the reasons for the decision. The decision of the returning officer under this rule shall be final subject only to reversal on a petition questioning the election.

(6) As soon as practicable after ruling on the validity of a nomination paper, the returning officer shall give, by post or otherwise, notice in writing of the ruling to the candidate.

(7) Every person in respect of whom a nomination paper has, under this rule, been determined to be valid and whose candidature is not withdrawn in accordance with rule 15 or is not deemed under section 13(2) or rule 27(1) to have been withdrawn shall stand validly nominated as a candidate.”.

Section 13

Amendment of rules 17 and 88 of Second Schedule to European Parliament Elections Act 1997.

13.— The Second Schedule to the European Parliament Elections Act 1997 is amended—

(a) in rule 17—

(i) in paragraph (a)(i) by substituting “six” for “four”, and

(ii) in paragraph (a)(ii) by substituting “four” for “three”,

and

(b) in rule 88 by substituting the following paragraph for paragraph (3):

“(3) When the last vacancies can be filled under this rule, no further transfer of votes shall be made unless any of the continuing candidates has not been credited with a number of votes exceeding one quarter of the quota and it is necessary for the purposes of section 21 of the Electoral Act 1997 or section 13A(1)(e) to make such transfer in order to establish whether such a number of votes could be credited to that candidate.”.

Section 14

Amendment of Schedule to Electoral Act 1997.

14.— The Schedule to the Electoral Act 1997 is amended by substituting the following subparagraphs for subparagraphs (d) and (dd) of paragraph 2:

“(d) necessary travelling and other expenses incurred by a candidate or an assentor in meeting the requirements of subsections (5)(a) and (6) of section 46 of the Act of 1992 and subsections (2)(a) and (3) of section 12 of the Act of 1997,

(dd) the payment by or on behalf of a candidate of a deposit under section 47 of the Act of 1992 and section 13 of the Act of 1997,”.

PART 6

Local Elections

Section 15

Substitution of articles 11 to 20 of Local Elections Regulations.

15.— The Local Elections Regulations are amended by substituting the following articles for articles 11 to 20:

“

Notice of election.

11.— The returning officer shall, not later than the twenty-eighth day before the polling day, give public notice of the election (in these Regulations referred to as the ‘notice of election’) stating:

(a) the times for receiving nominations;

(b) the requirement on candidates referred to in article 14(7) to secure 15 assents or make a deposit in accordance with article 15;

(d) the times and place at which the returning officer will attend to receive nominations; and

(e) the day and the period fixed for the holding of the poll if the election is contested.

Register of political parties.

12.— On the day (disregarding any excluded day) before the latest day for the publication of the notice of election, the Registrar of Political Parties shall send to each returning officer a copy of the Register of Political Parties.

Necessity for nomination.

13.— A person shall not be entitled to have his or her name entered in a ballot paper as a candidate at an election unless that person has been nominated in the manner provided by these Regulations and the person’s nomination paper has been ruled as valid by the returning officer.

Nomination of candidates.

14.— (1) At an election a person may nominate himself or herself as a candidate or may, with his or her consent, be nominated by another person (being a person registered as an elector in the area of the local authority for which the person proposes to nominate the candidate) as proposer.

(2) Each candidate shall be nominated by a separate nomination paper in the form directed by the Minister.

(3) A separate nomination paper shall be required for each local electoral area for which a candidate is nominated.

(4) Each nomination paper shall state the names (the surname being stated first) and the address and occupation (if any) of the candidate.

(5) A candidate may include in the nomination paper the name of the political party registered in the Register of Political Parties as a party organised to contest a local election of which he or she is a candidate, provided that, at the time the nomination paper is delivered to the returning officer, a certificate in the form specified in Part II of the Schedule (in these Regulations referred to as a ‘certificate of political affiliation’) authenticating the candidature is produced to the returning officer, being a certificate signed by the officer or officers of such party whose name or names appear in the said Register pursuant to section 25(7)(d) of the Act of 1992. Where such a certificate is produced, the returning officer, provided he or she is satisfied that it is appropriate to do so in relation to the candidate, shall cause—

(a) a statement of the name of the relevant political party and a copy of the political party’s emblem as registered in the said Register to be specified in relation to the candidate on all the ballot papers, and

(b) a statement of the name of the relevant political party to be specified in relation to the candidate on notices.

(6) Where a candidate is not the candidate of a political party registered in the Register of Political Parties as a party organised to contest a local election the candidate shall be entitled to enter after his or her name on the nomination paper the expression ‘Non-Party’ and, if the candidate does so, the returning officer shall cause a statement of that expression to be specified in relation to the candidate on all the ballot papers and on notices.

(7) In the case of a candidate whose candidature is not authenticated by a certificate of political affiliation under sub-article (5), one or other of the following paragraphs shall, before the expiration of the time appointed by these Regulations for receiving nominations, be complied with:

(a) the candidate’s nomination shall have been assented to by 15 persons (excluding the candidate and any proposer) who are electors in the local electoral area (each of whom in this Part is referred to as an ‘assentor’);

(b) the candidate, or someone on his or her behalf, shall have made a deposit in accordance with article 15.

(8) The following provisions apply in respect of the assents required by sub-article (7)(a) to the nomination of a candidate referred to in that sub-article:

(a) to assent to the nomination, an assentor shall make a statutory declaration in the form directed by the Minister stating the following:

(i) his or her number (including polling district letters) on the register of local government electors in force on the date of the making of the statutory declaration;

(ii) his or her place of ordinary residence in respect of which he or she is registered in the register of local government electors referred to in sub-paragraph (i);

(iii) his or her contact details, including telephone numbers (if any);

(iv) the name of the local electoral area, on the date of the making of the statutory declaration, in which he or she is ordinarily resident;

(v) the name and address of the candidate;

(vi) the form of identification produced by him or her in accordance with paragraph (b), including any number on it that distinguishes it from similar forms held by others;

(vii) that he or she assents to the nomination of the candidate;

(viii) that he or she has not assented to the nomination of any other candidate in respect of that election;

(b) when making the statutory declaration referred to in paragraph (a), the assentor shall produce to the person taking and receiving the declaration a specified photographic identification in accordance with sub-article (9)(b) and shall, on so doing, be deemed, for the purposes of the Statutory Declarations Act 1938, to be personally known to the person taking and receiving the declaration;

(c) the assent shall have effect as respects, and only as respects, the local electoral area in which the place referred to in paragraph (a)(ii) is situate at the time of the election concerned;

(d) subject to paragraph (e), the assent shall have effect as respects, and only as respects, the election in the local electoral area referred to in paragraph (c) held next after the making of the statutory declaration;

(e) notwithstanding paragraph (d), the assent shall cease to have effect if the register of local government electors referred to in paragraph (a) ceases to be in force before the holding of the election referred to in paragraph (d);

(f) the candidate or proposer shall attach the required number of statutory declarations (that is to say, the 15 statutory declarations constituting the assents) to the nomination paper and the nomination paper delivered to the returning officer in accordance with article 18 shall have the declarations so attached;

(9) For the purposes of sub-articles (7)(a) and (8)—

(a) a person whose application to have his or her name entered in the supplement to the register of local government electors is approved by the registration authority at or before the latest time for delivery of a nomination paper to the returning officer shall be deemed to be an elector in the applicable local electoral area, and

(b) any type of photographic identification that for the time being is prescribed under section 3 of the Act of 1992 for the purposes of section 46(6)(b) of that Act is considered to be ‘specified photographic identification’ as referred to in sub-article (8)(b).

(10) The returning officer shall provide nomination papers during the usual office hours of the local authority, at such place or places as are named in the notice of election, on each day on which the offices of the local authority are open for public business, during the period beginning on the publication of that notice and ending at 12 noon on the latest day for receiving nominations and the returning officer shall supply a nomination paper or papers free of charge to any person applying therefor, but the use of a paper supplied by the returning officer pursuant to this article shall not be obligatory at an election, provided that the nomination paper used at the election is in the form directed by the Minister in accordance with article 14(2).

(11) Every reference in this article to the Register of Political Parties shall be construed as a reference to the copy of that Register sent to the returning officer pursuant to article 12.

Deposit by certain candidates.

15.— (1) This article applies to a candidate referred to in article 14(7) unless the candidate concerned has opted to have his or her nomination assented to by the means specified in article 14(7)(a) and 14(8).

(2) A candidate at an election referred to in article 14(7), or someone on his or her behalf, may, before the expiration of the time appointed by these Regulations for receiving nominations, deposit with the returning officer in respect of each local electoral area for which the candidate is nominated the appropriate sum specified in sub-article (3), and if the said sum is not deposited in respect of any such local electoral area, the candidature of the candidate for that local electoral area shall be deemed to have been withdrawn.

(3) The amount of the deposit shall be €100 in the case of an election of members of a county or city council and €50 in the case of any other election.

(4) The deposit that may be made by or on behalf of a candidate pursuant to this article may be made by means of legal tender or, with the consent of the returning officer, in any other manner.

Return or disposal of deposit.

16.— (1) The deposit made by or on behalf of a candidate in respect of a local electoral area shall be returned where the candidate—

(a) withdraws his or her candidature in accordance with article 22 in respect of the local electoral area,

(b) is deemed, under article 25(2) or article 28(1), to have withdrawn his or her candidature in respect of the local electoral area,

(d) has not, before the expiration of the time for the receipt of nominations, been validly nominated as a candidate for the local electoral area,

(e) is elected, or

(f) is not elected but the greatest number of votes credited to him or her at any stage of the counting of the votes in respect of the local electoral area exceeds one quarter of the quota.

(2) Any deposit which is not returned under sub-article (1) shall be forfeited.

(3) Where a deposit is to be returned under sub-article (1) it shall be returned to the person by whom it was made, provided that a deposit made by a person who dies before the deposit is returned shall be returned to his or her personal representative.

(4) A deposit forfeited under this article shall be applied by the returning officer towards his or her expenses in conducting the election and shall be accounted for by the returning officer accordingly.

(5) In this article ‘personal representative’ has the meaning assigned to it by section 3 of the Succession Act 1965.

Times for receiving nominations.

17.— The earliest time for receiving nominations shall be 10 a.m. on the day (disregarding any excluded day) next following the latest day for the publication of the notice of election and the latest time for receiving nominations shall be 12 noon on the seventh day (disregarding any excluded day) next following the latest day for the publication of that notice.

Delivery of nomination papers.

18.— (1) Every nomination paper shall be delivered to the returning officer within the times specified in article 17, by the candidate or the proposer of the candidate.

(2) The delivery of the nomination paper shall be made by the candidate in person except that, where the candidate is proposed by another person, it may be made either as aforesaid or by the proposer in person.

(3) The returning officer shall attend to receive nominations at the place specified in that behalf in the notice of election between the hours of 10 a.m. and 12 noon and between the hours of 2 p.m. and 5 p.m. on the day (disregarding any excluded day) before the latest day for receiving nominations and between the hours of 10 a.m. and 12 noon on such latest day.

Selection of nomination papers.

19.— The returning officer shall number the nomination papers in the order in which they are received and the first valid nomination paper received by the returning officer nominating a candidate for election for a local electoral area shall be deemed to be the nomination of that candidate for that local electoral area.

Ruling on validity of nomination papers.

20.— (1) (a) The returning officer shall rule on the validity of each nomination paper within one hour after its delivery and may rule that it is invalid if, but only if, the returning officer considers that the paper is not properly made out or signed.

(b) Without prejudice to paragraph (a), the returning officer may also rule that the nomination paper of a candidate referred to in article 14(7)(a) is invalid if he or she considers that the provisions of sub-articles (7)(a) and (8) of article 14 have not been complied with.

(c) The returning officer shall not rule that a nomination paper is invalid because an assentor has assented to the nomination of more than one candidate at the same election.

(3) The returning officer shall object to the name of a candidate in a nomination paper if such name—

(a) is not a name by which the candidate is commonly known,

(b) is misleading and likely to cause confusion,

(d) contains a political reference,

(4) The returning officer shall object to the description of a candidate in a nomination paper which is, in the opinion of the returning officer, incorrect, insufficient to identify the candidate or unnecessarily long or which contains a political reference other than, where appropriate, a reference to a public or elected office held, or formerly held, by the candidate or an entry made pursuant to sub-article (5) or (6) of article 14. Where the returning officer so objects, he or she shall allow the candidate or proposer, as may be appropriate, to amend the description and, if it is not so amended to the returning officer’s satisfaction, the returning officer may amend or delete it, as he or she thinks fit, after consultation with the candidate or proposer, if either is present, or may rule that the nomination paper is invalid as not being properly made out.

(5) Having ruled on the validity of a nomination paper, the returning officer shall note the decision on the nomination paper and shall sign the note. If the returning officer rules that the paper is invalid, the officer shall include a statement of the reasons for the decision. The decision of the returning officer under this article shall be final subject only to reversal on a petition questioning the election.

(6) As soon as practicable after ruling on the validity of a nomination paper, the returning officer shall give, by post or otherwise, notice in writing of the ruling to the candidate.

(7) Every person in respect of whom a nomination paper has, under this article, been determined to be valid and whose candidature is not withdrawn in accordance with article 22 or is not deemed under article 15(2), 25(2) or 28(1) to have been withdrawn shall stand validly nominated as a candidate.”.

Annotations

Modifications (not altering text):

C3
References to “city council” construed (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 9(2), S.I. No. 214 of 2014.

Cesser and amalgamation of certain local government areas

9.— …

(2) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—

(a) to a county council or a city council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a county council or to a city council, as the case may be) shall, if the context permits, be read as a reference to a county council, a city council or a city and county council, and

(b) to a county council and a city council (including a reference so construed) shall, if the context permits, be read as a reference to a county council, a city council and a city and county council.

…

Section 16

Amendment of article 83 of Local Elections Regulations.

16.— The Local Elections Regulations are amended by substituting the following sub-article for sub-article (8) of article 83:

“(8) The returning officer shall not transfer the surplus of a candidate deemed to be elected whenever that surplus, together with any other surplus not transferred, is less than both the difference between the quota and the number of votes credited to the highest continuing candidate and the difference between the numbers of the votes credited to the two lowest continuing candidates and, in cases where the lowest candidate, or someone on his or her behalf, made a deposit in accordance with article 15 at the election concerned, either—

(a) the number of votes credited to the lowest candidate is greater than one quarter of the quota, or

(b) the sum of the number of votes credited to the lowest candidate together with that surplus and any other surplus not transferred is not greater than one quarter of the quota.”.

Section 17

Amendment of article 84 of Local Elections Regulations.

17.— The Local Elections Regulations are amended by substituting the following sub-article for sub-article (2) of article 84:

“(2) Where the total of the votes of the two or more lowest candidates, together with any surplus not transferred, is less than the number of votes credited to the next highest candidate, the returning officer shall in one operation exclude such two or more lowest candidates provided that—

(a) in cases where the second lowest candidate, or someone on his or her behalf, made a deposit in accordance with article 15 at the election concerned, the number of votes credited to that candidate is greater than one quarter of the quota, or

(b) in cases where any one of such two or more lowest candidates, or someone on his or her behalf, made a deposit in accordance with article 15 at the election concerned and the number of votes credited to any such candidate does not exceed one quarter of the quota, it is clear that the exclusion of the candidates separately in accordance with sub-article (1) and the transfer of any untransferred surplus could not result in a number of votes exceeding one quarter of the quota being credited to that candidate.”.

Section 18

Amendment of article 86 of Local Elections Regulations.

18.— The Local Elections Regulations are amended by inserting the following sub-article after sub-article (2) of article 86:

“(3) When the last vacancies can be filled under this article, no further transfer of votes shall be made unless any of the continuing candidates has not been credited with a number of votes exceeding one quarter of the quota and it is necessary for the purposes of article 16(1)(f) to make such transfer in order to establish whether such a number of votes could be credited to that candidate.”.

Section 19

Amendment of Local Elections (Disclosure of Donations and Expenditure) Act 1999.

19.— The Local Elections (Disclosure of Donations and Expenditure) Act 1999 is amended in section 6(1)(b) by substituting the following subparagraph for subparagraph (i):

“(i) (I) necessary travelling and other expenses incurred by a candidate or an assentor in meeting the requirements of article 14(7)(a) and (8) of the Local Elections Regulations 1995 (S.I. No. 297 of 1995), or

(II) the payment by or on behalf of a candidate of a deposit under article 15 of the Local Elections Regulations 1995 (S.I. No. 297 of 1995);”.

Section 20
Confirmation of Local Elections Regulations.

20.— (1) The Local Elections Regulations shall have statutory effect as if they were an Act of the Oireachtas.

(2) If subsection (1) would, but for this subsection, conflict with a constitutional right of any person, the operation of subsection (1) shall be subject to such limitation as is necessary to secure that it does not so conflict but shall otherwise be of full force and effect.

Schedule

SCHEDULE

Section 4.

F5[…]

Annotations

Amendments:

F5
Repealed (3.02.2016) by Electoral (Amendment) (Dáil Constituencies) Act 2013 (7/2013), s. 5(1), commenced as per s. 5(2).

ELECTORAL (AMENDMENT) (NO. 2) ACT 2009

REVISED

Updated to 9 January 2023

AN ACT TO REGULATE EXPENDITURE BY POLITICAL PARTIES AND CANDIDATES; TO AMEND THE LOCAL ELECTIONS (DISCLOSURE OF DONATIONS AND EXPENDITURE) ACT 1999; TO AMEND THE LITTER POLLUTION ACT 1997; AND TO PROVIDE FOR RELATED MATTERS.

[25th March, 2009]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

C1
Application of collectively cited Electoral Acts 1923 to 1990 and Electoral Acts 1992 to 2013 restricted (1.07.2014) by Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2014 (6/2014), s. 2(6)(a), S.I. No. 210 of 2014.

Payment of Parliamentary Activities Allowance to parliamentary leaders of qualifying parties and to independent members

2. …

(6) An allowance paid under this section shall not be used for, or to recoup, election or poll expenses incurred for the purposes of any election or poll held under—

(a) the Electoral Acts 1923 to 1990 or the Electoral Acts 1992 to 2013,

…

C2
Offences under collectively cited Litter Pollution Acts 1997 to 2003 deemed to be offences for the purposes of s. 34(5)(a) of the Waste Management Acts 1996 to 2007 (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), art 21(l).

Offences for the purpose of section 34(5) of the Act

21. It is hereby prescribed that, notwithstanding the revocation of any Regulations specified hereunder and subject to any amendment that may be made to these Regulations from time to time— …

(l) an offence under the Litter Pollution Acts 1997 — 2003 (S.I. No. 12 of 1997 and S.I. No. 27 of 2003),

…

shall be an offence for the purposes of section 34(5)(a) of the Act.

C3
Offences under collectively cited Litter Pollution Acts 1997 to 2003 deemed to be offences for the purposes of arts. 36 and 38 of Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007) (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007(S.I. No. 821 of 2007), art. 22(l).

Offences for the Purpose of articles 36 and 38

22. It is hereby prescribed that, notwithstanding the revocation of any Regulations specified hereunder, subject to any amendments which may be made to the regulations from time to time—

…

(l) an offence under the Litter Pollution Acts, 1997 — 2003,

…

shall be an offence for the purposes of articles 36 and 38.

Section 1
Definition.

1.— In this Act “Act of 1999” means the Local Elections (Disclosure of Donations and Expenditure) Act 1999.

Section 2

Amendment of section 2 of Act of 1999.

2.— Section 2 of the Act of 1999 is amended by—

(a) substituting the following definition for the definition of “clerk”:

“ ‘clerk’, in relation to a city, borough or town council means the town clerk;”,

(b) substituting the following definition for the definition of “local authority”:

“ ‘local authority’ has the same meaning as in the Local Government Act 2001;”,

and

“ ‘local election’ means an election under Part 4 of the Local Government Act 2001;”.

Annotations

Modifications (not altering text):

C4
References to “city council” and “town council” construed (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 9(2) and 25(2), S.I. No. 214 of 2014.

Cesser and amalgamation of certain local government areas

9.— …

(2) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—

…

Dissolution of town councils — consequential provisions

25.— …

(2) A function of a town council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a town council and whether of general application to town councils or otherwise under an enactment) that—

(a) has not been repealed or otherwise provided for by this Act, or

(b) is neither spent nor obsolete,

shall, if the context permits in respect of one or more than one town council concerned, be read as a reference to a function of the local authority in whose administrative area the town council so dissolved is situated.

…

Section 3

Amendment of section 6 of Act of 1999.

3.— Section 6 of the Act of 1999 is amended—

(a) in subsection (1)(b) by repealing subparagraph (v), and

(b) in subsection (3) by substituting the following paragraph for paragraph (a):

“(a) all election expenses incurred by or on behalf of a political party or a candidate at any time during the period specified by the Minister by order under section 12B (inserted by section 4 of the Electoral (Amendment) (No. 2) Act 2009);”.

Section 4
Insertion of Part IIIA in Act of 1999.

4.— The Act of 1999 is amended by inserting the following Part after Part III:

“PART IIIA

EXPENDITURE BY POLITICAL PARTIES AND CANDIDATES AT LOCAL ELECTIONS

Limitation of election expenses at local election.

12A.— (1) (a) Subject to paragraphs (b) and (c), the aggregate of election expenses which may be incurred by or on behalf of a candidate in connection with his or her candidature at a local election shall not exceed—

(i) in the case of a county or city council electoral area with a population in excess of 32,500, €15,000;

(ii) in the case of a county or city council electoral area with a population of between 22,501 and 32,500, €13,000;

(iii) in the case of a county or city council electoral area with a population of between 12,001 and 22,500, €11,500;

(iv) in the case of a county or city council electoral area with a population of 12,000 or less, €9,750;

and

(v) in the case of an electoral area of a borough council or a town council, €7,500.

(b) Where a candidate contests an election for both a county council and a borough or town council, the election expenses which may be incurred by or on behalf of the candidate in connection with his or her candidature at the election shall be the limit appropriate to the electoral area in the county in which the candidate is nominated plus one quarter of the spending limit appropriate to the electoral area in the borough council or town council in which the candidate is also a candidate.

(c) (i) Where a political party authenticates the candidature of a candidate at a local election, the party shall incur 10 per cent of the amount of the election expenses which that candidate is entitled to incur at that election, or such alternative percentage of the amount as may be agreed in writing between the candidate and national agent of the political party.

(ii) The election expenses which a political party may incur under subparagraph (i) may relate to expenditure in the electoral area concerned, or otherwise.

(iii) In the case of a candidate whose candidature is authenticated by a political party at a local election, the national agent of the party may by agreement in writing authorise the designated person of the party to incur such proportion of election expenditure at the election which the candidate is entitled to incur under paragraph (a) as may be agreed in writing between the national agent and the designated person.

(2) The aggregate of election expenses which may be incurred by the national agent of a political party on behalf of that party at a local election shall be the sum of the amounts of election expenses incurred pursuant to subsection (1)(c)(i), between candidates whose candidatures were authenticated by the party at the election and the party.

(3) Subject to subsection (1)(c)(iii), the aggregate of election expenses which may be incurred by the national agent and designated person of the party on behalf of that party within an electoral area of a county council, city council, borough council or town council at a local election, shall not exceed the sum of the amounts of election expenses for all candidates of that party in that electoral area, provided for under subsection (1)(c)(i).

(4) In this section, ‘ population’ means population as ascertained by the Central Statistics Office in the Census Report setting out the final result of the most recent Census of Population.

Period in respect of which election expenses are reckoned at local election.

12B.— (1) After the Minister has made an order under section 26 of the Local Government Act 2001 fixing the polling day at a local election, he or she may by order specify the period during which election expenses at the local election concerned shall be reckoned for the purposes of this Part.

(2) An order under subsection (1) shall specify—

(a) a date not less than 50 and not more than 60 days prior to the polling day at the local election concerned, as the date on which the period shall commence, and

(b) the polling day at the local election concerned, as the date on which the period shall end.”.

Annotations

Modifications (not altering text):

C5
References to “county council”, “city council” and “town council” construed (1.06.2014) by Local Government Reform Act 2014 (1/2014), ss. 9(2) and 25(2), S.I. No. 214 of 2014.

Cesser and amalgamation of certain local government areas

9.— …

(2) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—

…

Dissolution of town councils — consequential provisions

25.— …

(a) has not been repealed or otherwise provided for by this Act, or

(b) is neither spent nor obsolete,

…

Section 5

Amendment of section 19 of Act of 1999.

5.— Section 19 of the Act of 1999 is amended by inserting the following subsection after subsection (3):

“(4) An annual report of a local authority prepared in accordance with section 221 of the Local Government Act 2001, in respect of the year in which a local election is held, shall include details of—

(a) the aggregate election expenditure in respect of each candidate, designated person, third party and national agent, and

(b) donations received in respect of each candidate, designated person, third party and national agent,

as contained in the statements and declarations furnished to it pursuant to section 13.”.

Section 6
Amendment of section 19C of Act of 1999.

6.— Section 19C (inserted by section 58(m) of the Electoral (Amendment) Act 2001) of the Act of 1999 is amended, in subsection (1), by inserting “12A,” before “19A”.

Section 7
Amendment of section 20 of Act of 1999.

7.— Section 20(5) of the Act of 1999 is amended by inserting “or section 21(3A) (inserted by section 8 of the Electoral (Amendment) (No. 2) Act 2009)” after “subsection (4)”.

Section 8

Amendment of section 21 of Act of 1999.

8.— Section 21 of the Act of 1999 is amended—

(a) in subsection (1) by inserting the following paragraph after paragraph (b):

“(bb) directly, or through any other person, incurs election expenses in excess of the relevant amount calculated in accordance with section 12A (inserted by section 4 of the Electoral (Amendment) (No. 2) Act 2009), or”,

(b) in subsection (2)—

(i) in paragraph (c) by substituting “section 13, or” for “section 13.”, and

(ii) by inserting the following paragraph after paragraph (c):

“(d) directly, or through any other person, incurs election expenses in excess of the relevant amount calculated in accordance with section 12A (inserted by section 4 of the Electoral (Amendment) (No. 2) Act 2009).”,

“(3A) A candidate at a local election shall be guilty of an offence if he or she directly, or through any other person, incurs election expenses in excess of the relevant amount calculated in accordance with section 12A (inserted by section 4 of the Electoral (Amendment) (No. 2) Act 2009).”,

(d) by inserting the following subsection after subsection (4B):

“(4C) A person shall be guilty of an offence if, at a local election, he or she incurs election expenses, or makes any payment, advance or deposit in respect of such expenses—

(a) on behalf of a political party unless the person is the national agent of the party concerned or a person authorised by such national agent acting within the limit of such authorisation, or

(b) on behalf of a candidate unless the person is a designated person, or a person authorised by such person acting within the limit of such authorisation.”,

and

(e) in subsection (5)(a), by substituting the following for subparagraph (ii):

“(ii) where the offence is an offence to which subsection (1)(b), (2)(b), (3)(c), (3A) (inserted by section 8(c) of the Electoral (Amendment) (No. 2) Act 2009), (4A)(b), or (4B)(d) relates, he or she shall be liable on conviction on indictment to a fine not exceeding €25,000 or, at the discretion of the court, to imprisonment for a period not exceeding 3 years or to both such fine and such imprisonment.”.

Section 9

Amendment of section 19 of Litter Pollution Act 1997.

9.— Section 19 of the Litter Pollution Act 1997 is amended by substituting the following subsection for subsection (7):

“(7) Notwithstanding subsection (6), it shall not be an offence for a person to exhibit an advertisement if the advertisement—

(a) is exempted development within the meaning of the Planning and Development Act 2000, or is a notice displayed or erected in pursuance of a requirement by or under any enactment,

(b) advertises a public meeting, other than an auction, unless the advertisement has been in place for 30 days or more prior to, or for 7 days or more after, the date specified in the advertisement for the meeting,

(i) a presidential election within the meaning of the Presidential Elections Act 1993,

(ii) a general election or a bye-election, within the meaning, in each case, of the Electoral Act 1992,

(iii) a local election within the meaning of the Local Government Act 2001, or

(iv) an election of members of the European Parliament under the European Parliament Elections Act 1997,

unless the advertisement has been in place prior to the making of an order by the Minister appointing the day upon which the relevant poll shall be taken or for 30 days prior to the date of the poll, whichever is the shorter period, or for 7 days or more after the latest day upon which the poll was taken for the election or bye-election concerned,

(d) relates to an election of members of Údarás na Gaeltachta under the Údarás na Gaeltachta Act 1979, unless the advertisement has been in place prior to the making of an order by the Minister for Community, Rural and Gaeltacht Affairs appointing the day upon which the poll shall be taken or for 30 days prior to the date of the poll, whichever is the shorter period, or for 7 days or more after the latest day upon which the poll was taken, or

(e) relates to a referendum, within the meaning of the Referendum Act 1994, unless the advertisement has been in place prior to the making of an order by the Minister appointing the day upon which the poll shall be taken, or for 7 days or more after the latest day upon which the poll was taken.”.

Section 10
Short title, construction and collective citations.

10.— (1) This Act may be cited as the Electoral (Amendment) (No. 2) Act 2009.

(2) The Electoral Acts 1992 to 2009 and this Act (other than section 9) shall be read together as one and this Act shall be included in the collective citation “Electoral Acts 1992 to 2009”.

(3) The Local Elections Acts 1974 to 2009 and this Act (other than section 9) shall be read together as one and this Act shall be included in the collective citation “Local Elections Acts 1974 to 2009”.

(4) The Litter Pollution Acts 1997 to 2003 and section 9, may be cited together as the Litter Pollution Acts 1997 to 2009, and shall be read together as one.

ELECTORAL (AMENDMENT) ACT 2015

An Act to amend and extend the Seanad Electoral (University Members) Act 1937 , the Seanad Electoral (Panel Members) Act 1947 , the Electoral Act 1992 and section 4 of the Electoral Act 1997 .

[29 th December, 2015]

Be it enacted by the Oireachtas as follows:

Candidates in Seanad university constituency entitled to free postage

1. (1) The following is inserted after section 28 of the Act of 1937:

“28A. (1) Each candidate at a Seanad election in a university constituency shall, subject to section 61 of the Communications Regulation (Postal Services) Act 2011 , be entitled to send, free of any charge for postage, to each person whose name is on the register of electors for the constituency or to any combination of such persons, one postal communication containing matter relating to the election only and not exceeding 50 grammes in weight.

(2) (a) Where at a Seanad election, any person is a candidate in more than one university constituency he or she shall not be entitled to exercise the right of free postage conferred by this section in respect of more than one such constituency.

(b) A candidate to whom paragraph (a) applies, or his or her agent, shall indicate in writing to the relevant postal service provider the constituency in respect of which he or she wishes to exercise his or her right to free postage under this section.

(3) A candidate shall not be entitled to exercise the right of free postage conferred by this section before he or she is validly nominated, unless he or she has given such security as may be required by the relevant postal service provider for the payment of the postage on all communications sent by him or her under this section in case he or she does not eventually become nominated.”.

(2) Subsection (2) (inserted by section 62(2)(b) of the Act of 2011) of section 5 of the Act of 1937 is amended by substituting “section 28A” for “section 25”.

(3) Section 25 (inserted by section 166 (a) of the Electoral Act 1992 ) of the Act of 1937 is amended in subsection (1) by deleting “57,”.

(4) Section 61(1) of the Act of 2011 is amended in the definition of “relevant postal service provider” by substituting for paragraph (i) the following:

“(i) section 28A of the Seanad Electoral (University Members) Act 1937 ;”.

(5) In this section—

“Act of 1937” means Seanad Electoral (University Members) Act 1937 ;

“Act of 2011” means Communications Regulation (Postal Services) Act 2011 .

Nominating bodies – Association of Irish Local Government and Local Authority Members’ Association

2. The Seanad Electoral (Panel Members) Act 1947 is amended with effect from 21 March 2015—

(a) in section 2, by inserting after the definition of “the appeal board” the following:

“ ‘Association of Irish Local Government’ means—

(a) the association of local authorities (within the meaning of section 225 of the Local Government Act 2001 ) known as the Association of Irish Local Government being the successor body of the Association of County and City Councils and the Association of Municipal Authorities of Ireland, or

(b) any other association of local authorities (within the meaning of the said section 225) which may be established in place of the Association of Irish Local Government;”,

(b) in section 2, by inserting after the definition of “the list of candidates” the following:

“ ‘Local Authority Members’ Association’ means the association of the members of local authorities (within the meaning of section 2 of the Local Government Act 2001) known as the Local Authority Members’ Association;”,

“(h) (i) the Association of Irish Local Government and the Local Authority Members’ Association shall be registered in the register in respect of the administrative panel without application, and

(ii) no other body shall be registered in the register in respect of that panel unless its objects and activities consist, wholly or substantially, of voluntary social services of a charitable or eleemosynary character.”,

(d) by inserting after section 16 the following:

“Association of Irish Local Government and Local Authority Members’ Association included on register of nominating bodies

16A. (1) Notwithstanding sections 15, 16 and 19, the Association of Irish Local Government and the Local Authority Members’ Association shall, for the purposes of this Act, be taken to be registered, in respect of the administrative panel, without application, in the register of nominating bodies which came into force, in accordance with subsection (1) of section 19, on 21 March 2015.

(2) As soon as is practicable after the passing of the Electoral (Amendment) Act 2015 the Seanad returning officer shall publish, in the Iris Oifigiúil, notice that the Association of Irish Local Government and the Local Authority Members’ Association are registered, in respect of the administrative panel, in the register of nominating bodies which came into force on 21 March 2015.”,

(e) in section 27, by substituting for subsection (3) the following:

“(3) In the case of the Association of Irish Local Government and the Local Authority Members’ Association, the persons to be proposed for nomination to the administrative panel by those bodies respectively shall be chosen by the members of the body voting on the system of proportional representation by means of the single transferable vote.”,

and

(f) in section 58A (inserted by section 11 of the Seanad Electoral (Panel Members) Act 1954 ), by substituting for subsection (3) the following:

“(3) In the case of the Association of Irish Local Government and the Local Authority Members’ Association, the person nominated under this section shall be chosen by the members of the body voting on the system of proportional representation by means of the single transferable vote.”.

Registration of electors

3. Section 15 of the Electoral Act 1992 is amended by substituting for subsection (1A) (inserted by section 76 of the Electoral Act 1997 ) the following:

“(1A) (a) Notwithstanding subsection (1), sections 7(1), 8(1), 9 and 10, and Rule 1(3) of the Second Schedule and subject to section 11(1)(a) and paragraph (c), a person who—

(i) was not ordinarily resident in a constituency or local electoral area, as the case may be, on the qualifying date for a register of electors and takes up ordinary residence in such constituency or local electoral area, as the case may be, after such qualifying date and is otherwise entitled to be registered as an elector under section 7, 8, 9 or 10,

(ii) reaches the age of 18 years after the date of the coming into force of a register of electors,

(iii) is registered as an elector in a constituency or local electoral area and takes up ordinary residence in another constituency or local electoral area on a date following the coming into force of the register of electors then in force, where—

(I) the person authorises in writing, in a form directed by the Minister, the registration authority in whose register of electors he or she is registered as an elector to delete his or her name from that register of electors, and

(II) the authorisation contains such information as is necessary to enable that registration authority to identify the relevant entry in that register,

(iv) was not a citizen of Ireland on the qualifying date for a register of electors and becomes a citizen of Ireland after such qualifying date and is otherwise entitled to be registered as an elector under section 7, 8(1) or 9,

may apply to the registration authority to have his or her name entered in the supplement to the register.

(b) An applicant for entry in the supplement referred to in paragraph (a)(i) shall satisfy the registration authority that he or she has taken up ordinary residence in the constituency or local electoral area, as the case may be, in respect of which the application applies and, in considering an application from such person, the registration authority may require the applicant to furnish a statutory declaration that he or she has taken up ordinary residence in the constituency or local electoral area concerned.

(c) A person referred to in paragraph (a)(ii) shall be eligible for entry in the supplement to the register on or after the day on which that person reaches 18 years of age, including such a day that falls within the period beginning on the last day on which applications for entry in the supplement can be received and ending on polling day in the case of a Dáil, Presidential, European or local election or a referendum.

(d) The registration authority on receipt of an authorisation referred to in paragraph (a)(iii) and being satisfied that the person is no longer ordinarily resident in respect of the address for which he or she is registered as an elector shall—

(i) where the new address is in another registration area, delete his or her name from the register of electors for the authority’s registration area and forward immediately the form referred to in paragraph (a)(iii)(I) to the registration authority for the address indicated on the form at which he or she is ordinarily resident,

(ii) where the new address is in another local electoral area within the registration area of the registration authority, delete the elector’s name from the register of electors and enter his or her details in the supplement to the register prepared under this section.

(e) The registration authority, on receipt of an application, in a form directed by the Minister, from a person referred to in paragraph (a)(iv) who is already registered as a local or European elector, or as a Dáil elector with reference to section 8(2), shall delete the name of that person from the register of electors and, being satisfied that the person is a citizen of Ireland, shall enter that person’s details accordingly in the supplement to the register prepared under this section.”.

Ballot papers

4. (1) The Fourth Schedule to the Electoral Act 1992 is amended by substituting for the form of a ballot paper (within the meaning of that Act) specified in Part II of that Schedule (as modified by Regulation 7 of the Electoral Regulations 2007 ( S.I. No. 156 of 2007 )) the form specified in the Schedule.

(2) Regulation 7 of, and the Fifth Schedule to, the Electoral Regulations 2007 ( S.I. No. 156 of 2007 ) are revoked.

Review by Standards in Public Office Commission – direction

5. Section 4 of the Electoral Act 1997 is amended by inserting after subsection (4) the following:

“(4A) Where a person fails to comply with a requirement made of him or her under subsection (4) within such time as the Standards in Public Office Commission considers reasonable, it may direct the person to furnish it with such information, document or thing specified in the direction within such period of time mentioned in the direction and, if the person fails to comply with the direction within that period, the person commits an offence and is liable on summary conviction to a class D fine.

(4B) Any information furnished by a person (other than information that the person knows is false or misleading) to the Standards in Public Office Commission pursuant to a direction under subsection (4A) is not admissible as evidence in proceedings brought against the person for an offence.

(4C) It shall be a defence for a person charged with an offence under subsection (4A) to show that the information, document or thing the subject of the direction was not in his or her possession or control and that it was not reasonably practicable for him or her to comply with the direction.”.

Short title and collective citation

6. (1) This Act may be cited as the Electoral (Amendment) Act 2015.

(2) The Seanad Electoral (University Members) Acts 1937 to 2006, section 34 of the Ministers and Secretaries (Amendment) Act 2011 , section 62 of the Communications Regulation (Postal Services) Act 2011 and section 1 may be cited together as the Seanad Electoral (University Members) Acts 1937 to 2015.

(3) The Seanad Electoral (Panel Members) Acts 1947 to 2006, section 44 of the Ministers and Secretaries (Amendment) Act 2011 , section 40 of the Court of Appeal Act 2014 and section 2 may be cited together as the Seanad Electoral (Panel Members) Acts 1947 to 2015.

(4) The Electoral Acts 1992 to 2014 and sections 3 and 4 may be cited together as the Electoral Acts 1992 to 2015.

SCHEDULE

Section 4

“Part II

Form of Ballot Paper

(Front of Paper)

TREORACHA

1. Scríobh an figiúr 1 sa bhosca le hais an chéad iarrthóra is rogha leat, scríobh an figiúr 2 sa bhosca le hais an dara hiarrthóir is rogha leat, agus mar sin de.

2. Fill an páipéar ionas nach bhfeicfear do vóta. Taispeáin cúl an pháipéir don oifigeach ceannais, agus cuir sa bhosca ballóide é.

INSTRUCTIONS

1. Write 1 in the box beside the candidate of your first choice, write 2 in the box beside the candidate of your second choice, and so on.

2. Fold the paper to conceal your vote. Show the back of the paper to the presiding officer and put it in the ballot box.

/images/en.act.2015.0062.0001.jpg

(Back of Paper)

Uimhir/Number …………………………………………………………

Toghchán do Dháilcheantar………………………………………………

Election for Constituency of…………………………………………….

(Back of Counterfoil)

Comhdhuille Uimhir

Counterfoil Number……………………………………………………

”.

Local Government Act 1994

An Act to amend and extend the law relating to local government.
[29th April, 1994]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Part I Preliminary and General

1. Short title, collective citations, construction and commencement.
(1) This Act may be cited as the Local Government Act, 1994.

(2) The Local Government Acts, 1925 to 1993, and this Act may be cited together as the Local Government Acts, 1925 to 1994 and shall be construed together as one Act.

(3) The County Management Acts, 1940 to 1993, and so much of this Act as relates to the management of counties, elective bodies and the county borough of Galway may be cited together as the County Management Acts, 1940 to 1994.

(4) The Cork City Management Acts, 1929 to 1991, and so much of this Act as relates to the management of the county borough of Cork may be cited together as the Cork City Management Acts, 1929 to 1994.

(5) The Local Government (Dublin) Acts, 1930 to 1993, and so much of this Act as relates to the management of the county borough of Dublin may be cited together as the Local Government (Dublin) Acts, 1930 to 1994.

(6) The Limerick City Management Acts, 1934 to 1991, and so much of this Act as relates to management of the county borough of Limerick may be cited together as the Limerick City Management Acts, 1934 to 1994.

(7) The Waterford City Management Acts, 1939 to 1991, and so much of this Act as relates to the management of the county borough of Waterford may be cited together as the Waterford City Management Acts, 1939 to 1994.

(8) The Local Elections (Petitions and Disqualifications) Act, 1974, so much of the Electoral Act, 1992 as relates to local elections and Parts II and III may be cited together as the Local Elections Acts, 1974 to 1994.

(9) This Act shall come into operation on such day or days as, by order or orders made by the Minister, may be fixed therefor either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions and for the repeal and amendment effected by section 4 of different enactments.

2. Interpretation.

(1) In this Act, except where the context otherwise requires—
“the Act of 1941” means the Local Government Act, 1941;
“the Act of 1946” means the Local Government Act, 1946;
“the Act of 1955” means the City and County Management (Amendment) Act, 1955;
“the Act of 1991” means the Local Government Act, 1991;
“election” means a local election;
“elective body” means an elective body for the purposes of the County Management Acts, 1940 to 1993;
“enactment” includes an instrument made under an enactment;
“functions” includes powers and duties and a reference to the performance of functions includes, with respect to powers and duties, a reference to the exercise of the powers and the carrying out of the duties;
“local authority” means a local authority for the purposes of the Act of 1941;
“manager” means—
(a) as respects the corporation of a county borough, the manager for the purpose of the Acts relating to the management of the county borough, and

(b) as respects the council of a county or an elective body, the manager for the purposes of the County Management Acts, 1940 to 1993;

“the Minister” means the Minister for the Environment;
“prescribed” means prescribed by regulations made by the Minister and cognate words shall be construed accordingly;
“public authority” means a public authority for the purposes of the Act of 1991;
“reserved function” means—
(a) in the case of the council of a county or an elective body, a reserved function for the purposes of the County Management Acts, 1940 to 1993;

(b) in the case of the corporation of a county borough, a reserved function for the purposes of the Acts relating to the management of the county borough.

(2) In this Act—
(a) a reference to a Part, section or Schedule is to a Part or section of, or a Schedule to, this Act, unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended,

(c) a reference to any provision of this Act shall, where appropriate, be construed as a reference to that provision as modified by regulations under section 66.

(3) In this Act, a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment (including this Act).

3. Orders and regulations.
(1) Every order and regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made.

(2) If after an order, other than an order under section 1(9), 14, 21 or 53(1), or a regulation is so laid, a resolution annulling the order or regulation is passed by either such House within the next 21 days on which that House has sat after the order or regulation is laid before it, the order or regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

(3) The Minister may by order, amend or revoke an order made under this Act, other than under section 1 (9) (including an order made under this subsection).

(4) The Minister may make regulations for the purposes of this Act or in consequence of any of its provisions or for the purposes of enabling any provision to have full effect.

(5) Without prejudice to any specific provision of this Act, every regulation made under this Act may—
(a) contain such incidental, consequential, supplementary or transitional provisions (including provisions for the purpose of securing the continuity of any provision of this or of any other Act or instrument repealed, revoked, amended or otherwise affected by this Act or by any order or regulation made thereunder) as may appear to the Minister to be appropriate for the purposes of this Act or of any order or regulations made thereunder,

(b) provide for the adaptation, modification or cesser of operation of any provision of any enactment, including an enactment referred to in section 4(3), relating to any matter governed by the provisions of this Act or of any order or regulations made thereunder for the purpose of securing that such enactment shall have effect in conformity with this Act or with an order or with regulations made thereunder.

(6) Regulations or an order under this Act may apply to local authorities generally, to any class or classes of local authorities specified in the regulations or order, to a particular local authority or to a particular part of the administrative area of a local authority so specified and may contain different provisions in relation to different local authorities or to different parts of the administrative area of a local authority.

4. Repeal, revocation and amendment of enactments.
(1) Each enactment specified in the First Schedule is hereby repealed or revoked to the extent specified in column (3) of that Schedule.

(2) Each enactment specified in the Second Schedule is hereby amended in the manner stated in column (3) of that Schedule.

(3) The repeal or revocation by this Act of a provision of any enactment which is applied by any other provision of that or of any other enactment not so repealed or revoked, shall not affect such application and the first-mentioned provision shall accordingly continue to apply for that purpose.
11. Casual vacancies.
[…]
The repeal of s.11 was brought into effect by the Local Government Act 2001 (Commencement) Order 2002 (S.I. No. 65 of 2002), on May 1, 2002.

47. Functions of revenue collectors.

It is hereby declared that, for the purpose of collection of rates, persons holding the office of revenue collector under a local authority are, and shall be deemed to have always been, empowered to exercise and perform as required the statutory powers, functions and duties of rate collectors.
62. Cesser of Towns Improvement (Ireland) Act, 1854 in certain areas.
(1) The Towns Improvement (Ireland) Act, 1854, (“the Act of 1854”) shall cease to apply to the relevant areas referred to in subsection (4) and accordingly separate local authority estimates shall no longer be prepared in respect of such areas.

(2) The successor for all purposes of town commissioners established under the Act of 1854 in respect of the relevant areas shall in each case be the council of the county which includes the particular area and all land and other property of the said commissioners shall vest in the council without any conveyance or transfer.

(3) The use of any or all of the relevant areas or of areas generally to which the Act of 1854 applied immediately before the commencement of this section by any other enactment for the purposes of defining the area of application or operation of such enactment or for any similar or related purpose shall not be affected by the cesser of application effected by subsection (1) save as may be otherwise so provided by regulations made under this subsection by the Minister responsible for the particular enactment in question and every such enactment shall be subject to and shall have effect in accordance with any such regulations.

(4) The relevant areas for the purpose of this section are the areas of Callan, Fethard, Newcastle West, Rathkeale, Roscommon and Tullow to which the Act of 1854 applies.
s. 63 Electoral divisions.

63. Electoral divisions.

(1) The Minister may by regulations divide the area of any county, county or other borough, urban district or town into areas to be known as electoral divisions and may vary the name of any such division or make adjustments to the boundaries of any such division or divisions.

(2) Where, immediately before the commencement of this section, any county, county or other borough or urban district, stood divided into areas known as district electoral divisions or wards, those areas shall continue in force but on and from such commencement they shall be known as electoral divisions.

(3) Any reference in any enactment to a district electoral division or a ward, in relation to a county, county or other borough or urban district shall be construed as a reference to an electoral division.

Local Government Act 1998

12. Grant of gratuity in respect of service as a member of a local authority.

(1)
(a) A local authority may, subject to and in accordance with a scheme under subsection (3), and the provisions of this section, grant a gratuity (in this section referred to as “a gratuity”) to a person in respect of his or her service as a member of that authority, being service that, in every case, includes service as such a member subsequent to the last ordinary day of retirement of members of that authority prior to the passing of this Act (other than such service after the next ordinary day of retirement of members of that authority after the passing of this Act).

(b) A local authority shall, in computing the period of service a person has had as a member of that authority for the purposes of determining the amount of a gratuity proposed to be granted to him or her, take into account, in such manner and to such extent, and subject to such conditions or restrictions, as may be specified in a scheme, the period (if any) of service of that person as a member of another local authority.

(c) If a period of service of a person as a member of a local authority is concurrent with a period of service by him or her as a member of another local authority, only one such period shall be reckoned for the purposes of determining the amount of a gratuity proposed to be granted to that person, which shall be the period which gives the more favourable result for him or her.

(2)
(a) No more than one gratuity may be granted by a local authority to a person in respect of his or her service as a member of a local authority and where the person is or was a member of more than one local authority the particular local authority that may grant a gratuity to him or her shall be the local authority that is specified in a scheme.

(b) A gratuity may not be granted by a local authority to a person to whom section 13(1) of the Local Government Act, 1991, falls to be applied at any time subsequent to the passing of this Act.

(3) The Minister may, with the consent of the Minister for Finance, make a scheme or schemes for the purposes of this section (which or each of which is referred to in this section as “a scheme”).

(4) Without prejudice to the generality of subsection (3), a scheme shall—
(a) specify the method by which the amount of a gratuity to be granted under this section by a local authority (“the local authority”) shall be determined,

(b) specify conditions which must be satisfied before a grant of a gratuity may be made (including a condition as to the minimum period of service the person concerned must have had as a member of the local authority),

(c) provide for the making of an application to the local authority by a person for the grant to him or her of a gratuity,

(d) specify procedures to be followed, and requirements to be complied with, in relation to the making of such an application (“an application”) and the making by the local authority of a decision in respect of it, and the matters in respect of which provision under this paragraph may be made include—
(i) the form in which an application shall be made,

(ii) time limits within which an application shall be made,

(iii) the notification by a local authority to a person of the making of a decision to grant to him or her a gratuity, and

(iv) the revocation by a local authority of such a decision in the event that circumstances specified in the scheme occur (and such circumstances may include the fact that the applicant stands nominated as a candidate in an election of members of that or any other local authority held next after the commencement of this section),

(e) require a specified officer of a local authority to provide a statement to the members of a local authority concerned of the number of decisions made to grant a gratuity in respect of service by persons as members of the local authority concerned,

(f) provide for any matters consequential on, or incidental to, the foregoing matters (including the period of time that may elapse between the grant of a gratuity and the payment thereof) or which the Minister considers necessary or expedient to provide for in relation to subsections (6) and (7).

(5) A scheme under subsection (3) may contain different provisions in relation to different local authorities.

(6) If a person is paid a gratuity by a local authority and that person, at any time after the local elections next after the commencement of this section, becomes a member of that or any other local authority, whether by his or her being elected or his or her being co-opted pursuant to section 11 of the Act of 1994, that person shall, within 14 days after his or her term of office as such member begins, pay the amount of the gratuity to the authority of which he or she becomes a member.

(7) If a person fails to pay to a local authority the amount of a gratuity in accordance with subsection (6), the authority shall deduct from one or more of the following allowances, remuneration or other moneys such sum or sums as will secure the payment to it of the amount of the gratuity, namely—
(a) any allowance, or amount in respect of expenses, payable to the person pursuant to section 42 of the Local Government Act, 1991,

(b) such allowances, amounts in respect of expenses or other remuneration as may be payable to the person pursuant to any other enactment (including any enactment passed after the commencement of this section),

(8) Nothing in the Local Elections Acts, 1974 to 1997, or any instrument made thereunder, shall operate to prevent the grant or payment of a gratuity.

(9) No gratuity shall be granted or paid by a local authority to a person in respect of his or her service as a member of that or any other local authority otherwise than in accordance with the provisions of this section and a scheme or schemes made thereunder.

(10) The Minister may, with the consent of the Minister for Finance, make a scheme amending or revoking a scheme under this section (including a scheme under this subsection).

(11) Every scheme under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the scheme is passed by either such House within the next 21 days on which that House has sat after the scheme has been laid before it, the scheme shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

15. Short title, collective citation, construction and commencement.

(1) This Act may be cited as the Local Government Act, 1998.

(2) The Local Government Acts, 1925 to 1997, and this Act may be cited together as the Local Government Acts, 1925 to 1998, and shall be construed together as one.

(3) The Local Elections Acts, 1974 to 1997, and sections 9 and 10 may be cited together as the Local Elections Acts, 1974 to 1998, and shall be construed together as one.

(4) This Act shall come into operation on such day or days as the Minister may appoint by order or orders either generally or with reference to any particular purpose or provision and different days may be so appointed for different purposes or different provisions.

Circuit Court Rules

Order 58

Local Elections (Petitions and Disqualifications) Act, 1974

(No. 8 of 1974)

1[1]. In this Order:

“the Act” means the Local Elections (Petitions and Disqualifications) Act 1974 (No. 8 of 1974);

“Local Election” has the meaning assigned to it by Section 1(1) of the Act;

“record”, and “transcript writer” each has the same meaning as in Order 67A.

2. A petition in the Court to question a local election shall be commenced by Civil Bill being an Election Civil Bill in accordance with Form 2M of the Schedule of Forms annexed hereto, or such modification thereof as may be necessary, and shall comply with the provisions of the Act including Sections 3 to 6 thereof. Such petition shall be brought in the County in which is situate the principal office of the Local Authority to which the petition relates.

3. The plaintiff shall be the Petitioner and all persons who have been served with a copy of the Civil Bill pursuant to Section 4(1) of the Act shall be defendants.

4. All Election Civil Bills shall be served in accordance with the provisions of Section 26 of the Act and shall be subject to the same Rules as to filing as apply to all other categories of Civil Bill.

5. Each defendant/respondent shall within ten days of the service of the Civil Bill enter an Appearance and within a further ten days serve on the plaintiff/petitioner and file in the office a Defence in accordance with Form 6A of the Schedule of Forms annexed hereto, or such modification thereof as may be necessary.

6. Save by special leave of the Court every proceeding under the Act shall be tried upon oral evidence.

7. [2] A record shall be made of the hearing of every proceeding under the Act by a person appointed by the Courts Service.

8.[3] Every appeal to the Court of Appeal under section 7(3) of the Act shall be by notice of appeal.

9.[4] (1) Every notice of appeal shall contain:

(a) the terms and provisions of the order of the Court appealed against, and

(b) the grounds of appeal.

(2) Every notice of appeal shall be in accordance with Form 38A of the Schedule of Forms, or such modification as may be necessary.

10.[5] The Rules of the Superior Courts relating to service and entry of an appeal to the Court of Appeal shall apply to service and entry of every appeal under section 7(3) of the Act.

11. [6] The appellant must lodge a copy of the notice of appeal with the County Registrar within 14 days of the date of the order appealed against.

12. [7] (1) The person responsible for the storage or custody of the record of the proceedings shall, at the Court’s or the County Registrar’s request, make available the record or any part thereof to the Court or the County Registrar, in such manner as is required.

(2) The transcript writer shall furnish to the Court or the County Registrar at the County Registrar’s request a transcript of the whole of the record of the proceedings or of such part thereof as the Court or the County Registrar may require. The transcript shall be typewritten or printed and certified by the transcript writer to be a complete and correct transcript of the whole of such record, or of the part required.

(3) The record shall contain the evidence, any objection taken in the course thereof, and the judgment of the Judge but shall not unless otherwise ordered by the Judge include any part of the speeches of Solicitor or Counsel.

(4) A party interested in an appeal may obtain from the County Registrar the whole or of any part of the transcript prepared for the purposes of the appeal, upon payment of the proper charges.

13. Every application for the opinion of the Supreme Court on any question of law arising at the trial of an action by virtue of the provisions of Subsection 1 of Section 23 of the Act shall be by way of consultative case stated.

14. Every consultative case stated shall be in accordance with Form 38C of the Schedule of Forms annexed hereto, or such modification thereof as may be necessary.

15. Every consultative case stated shall be prepared by the party applying for same or by the party nominated by the trial Judge and shall be settled by the trial Judge after consultation with all the parties to the proceedings and shall contain:

(a) A Summary of the relevant facts of the proceedings.

(b) The question of law arising at the trial upon which the opinion of the Supreme Court is sought.

16. The Rules of the Superior Courts relating to cases stated to the Supreme Court contained in Rule 2(2), of Order 59 thereof shall be adopted and apply to every consultative case stated herein.

17. (1) Every application to the Court for leave to withdraw an Election Civil Bill shall be by Notice of Motion in accordance with Form 38D of the Schedule of Forms annexed hereto, or such modification thereof as may be necessary, and shall comply with the provisions of the Act including Sections 9 to 12 thereof.

(2) Copies of the two newspapers in which the notice of intention to apply to the Court for leave to withdraw the Election Civil Bill has been inserted in accordance with the provisions of Subsection 3 of Section 9 of the Act shall be lodged with the County Registrar immediately upon issue.

18. An Application to the Court under Subsection (3) of Section 13 of the Act may be made ex parte.

19. In every proceedings to which this Order applies the Judge may make all such Orders as to costs as may be just and reasonable having regard to the provisions of Section 21 and 22 of the Act.

[1] Order 58 rule 1 substituted by SI 354 of 2008, effective 1 October 2008.
[2] Order 58 rule 7 substituted by SI 354 of 2008, effective 1 October 2008.
[3] Order 58 rule 8 substituted by SI 85 of 2016, effective 25 February 2016.
[4] Order 58 rule 9 substituted by SI 85 of 2016, effective 25 February 2016.
[5] Order 58 rule 10 substituted by SI 85 of 2016, effective 25 February 2016.
[6] Order 58 rule 11 substituted by SI 85 of 2016, effective 25 February 2016.
[7] Order 58 rule 12 substituted by SI 354 of 2008, effective 1 October 2008.