S.I. No. 245/1963 - Electoral Act, 1963 (Commencement) (No. 2) Order, 1963.


S.I. No. 245 of 1963.

ELECTORAL ACT, 1963 (COMMENCEMENT) (NO. 2) ORDER, 1963.

The Minister for Local Government in exercise of the powers conferred on him by subsection (2) of section 1 of the Electoral Act, 1963 (No. 19 of 1963) hereby orders as follows:—

1. This Order may be cited as the Electoral Act, 1963 (Commencement) (No. 2) Order, 1963.

2. The 9th day of December, 1963 is hereby fixed as the day on which Parts III, IV, V, VII and VIII of and the Second, Third and Fourth Schedules to the Electoral Act, 1963 , shall come into operation.

3. Section 3 of the said Act shall come into operation on the 9th day of December, 1963 for the purpose of effecting the repeal of the enactments which are specified in the Schedule to this Order to the extent mentioned in the third column of that Schedule.

SCHEDULE

Enactments repealed on 9th December, 1963.

Session and Chapter or Number and Year

Subject Matter or Short Title

Extent of Repeal

3 Edw. 1. (Stat. Westm. prim., c, 5).

Freedom of Elections (1275).

The whole Act.

7 Edw. 2. (Stat. Sup. Aport. Arm.).

Prohibition on coming armed to Parliament (1313).

The whole Act.

5 Ric. 2 St. 2., c. 4.

Summons to Parliament (1382).

The whole Act.

5 Will. & Mar., c. 7.

Restriction on member of House of Commons from being concerned in collection of revenue.

The whole Act.

6 & 7 Will. & Mar., c. 2.

Times for calling Parliament.

The whole Act.

7 & 8 Will. 3., c. 7.

Prevention of false and double returns of members to Parliament.

The whole Act.

7 & 8 Will. 3., c. 25.

Regulation of elections of members of Parliament and prevention of irregular proceedings.

The whole Act.

1 Geo. 1. Stat. 2., c. 38.

Septennial Act, 1715.

The whole Act.

24 Geo. 3. Sess. 2., c. 26.

Recess Elections Act, 1784.

The whole Act.

Session and Chapter or Number and Year

Subject Matter or Short Title

Extent of Repeal

37 Geo. 3., c. 127.

Meeting of Parliament Act, 1797.

The whole Act.

39 and 40 Geo. 3. c. 14.

Meeting of Parliament Act, 1799.

The whole Act.

50 Geo. 3., c. 33.

School Sites (Ireland) Act, 1810.

Section 3.

53 Geo. 3. c. 89.

Parliamentary Writs Act, 1813.

The whole Act.

60 Geo. 3 and 1. Geo. 4. c. 11.

Parliamentary Elections (Ireland) Act, 1820.

The whole Act.

4 Geo. 4. c. 55.

Parliamentary Elections (Ireland) Act, 1823.

The whole Act.

2 & 3 Will. 4. c. 69.

Corporate Property (Elections) Act, 1832.

The whole Act.

2 & 3 Will. 4. c. 88.

Representation of the People (Ireland) Act, 1832.

The whole Act.

2 & 3 Will. 4. c. 89.

Parliamentary Boundaries (Ireland) Act, 1832.

The whole Act.

13 & 14 Vict., c. 68.

Parliamentary Elections (Ireland) Act, 1850.

The whole Act.

15 & 16 Vict., c. 23.

Meeting of Parliament Act, 1852.

The whole Act.

17 & 18 Vict., c. 57.

Returning Officers Act, 1854.

The whole Act.

17 & 18 Vict., c. 102.

Corrupt Practices Prevention Act, 1854.

The whole Act.

20 & 21 Vict., c. 33.

Representative Peers (Ireland) Act, 1857.

The whole Act.

21 & 22 Vict., c. 110.

Election of Members during Recess Act, 1858.

The whole Act.

25 & 26 Vict., c. 92.

Elections (Ireland) Act, 1862.

The whole Act.

26 & 27 Vict., c. 20.

Elections in Recess Act, 1863.

The whole Act.

26 & 27 Vict., c. 29.

Corrupt Practices Prevention Act, 1863.

The whole Act.

30 & 31 Vict., c. 81.

Prorogation Act, 1867.

The whole Act.

31 & 32 Vict., c. 125.

Parliamentary Elections Act, 1868.

Section 44.

33 & 34 Vict., c. 81.

Meeting of Parliament Act, 1870.

The whole Act.

41 & 42 Vict., c. 75.

Arranmore Polling District Act, 1878.

The whole Act.

46 & 47 Vict., c. 51.

Corrupt and Illegal Practices Prevention Act, 1883.

Sections 45, 46, 48, 51 and 52; subsections (1) and (3) of section 63; section 54.

48 & 49 Vict., c. 23.

Redistribution of Seats Act, 1885.

The whole Act.

50 & 51 Vict., c. 9.

Police Disabilities Removal Act, 1887.

The whole Act.

52 & 53 Vict., c. 69.

Public Bodies Corrupt Practices Act, 1889.

Paragraphs (c) and (d) of section 2.

Session and Chapter or Number and Year

Subject Matter or Short Title

Extent of Repeal

8 Edw. 7. c. 13.

Polling Districts (County Councils) Act, 1908.

The whole Act.

8 Edw. 7. c. 66.

Public Meeting Act, 1908.

In section 1: from the words "if the offence is committed" to the words "and in any other case."

1 & 2 Geo. 5. c. 13.

Parliament Act, 1911.

Section 7.

No. 12 of 1923.

Electoral Act, 1923 .

Sections 18, 29, 34, 37, 42, 53, 54 and 58; in section 59: the words "bribery, personation or corrupt practices at elections or to"; Rule 12 of the Fourth Schedule; in Rule 17 of Part I of the Fifth Schedule: the words" and of the mode in which electors are to vote": Rules 19 and 20 of the said Part I; in Rule 28 of the said Part I: the words "and (d) tendered ballot papers"; in Rule 34 of the said Part I: all words from "The returning officer shall report "to the end of the Rule; in Rule 35 of the said Part I: the words "the tendered ballot papers and" and "and the tendered votes list"; in Rule 36 of the said Part I: the words "tendered votes lists,"; Rules 42, 48, 50, 52 and 54 of the said Part l; Part II of the Fifth Schedule; forms 1, 2, 3, 6, 7, 8 and 9 in Part III of the Fifth Schedule; Ninth Schedule.

No. 38 of 1923.

Prevention of Electoral Abuses Act, 1923 .

Paragraph (c) of subsection (2) of section 1; section 4; subsections (3), (4) and (5) of section 6; sections 7, 8, 9, 10, 11 and 14; in section 15: all words from "and shall" to the end of the section; section 16; in section 17, the words "or for any expenses incurred in excess of any maximum amount allowed by this Act," and the words "or expenses"; sections 18, 19, 20, 21, 27, 28, 32, 33, 34, 35, 36, 37, 38, 39, 40 and 45; in section 53: all words from "and a person" to the end of the section; in section 56: the definitions of "committee room" and "personal expenses"; First Schedule.

No. 27 of 1926

Court Officers Act, 1926 .

In subsection (7) of section 40: all words from "and in lieu thereof" to the end of the subsection.

Session and Chapter or Number and Year

Subject Matter or Short Title

Extent of Repeal

No. 21 of 1927.

Electoral (Amendment) Act, 1927 .

The whole Act.

No. 39 of 1927.

Local Elections Act, 1927 .

Section 14.

No. 27 of 1930.

Local Government (Dublin) Act, 1930 .

Paragraph (b) of subsection (1) of section 86 and the application by the said section of section 14 of the Local Elections Act, 1927 (No. 39 of 1927) and of all rules made under the said section 14.

No. 14 of 1933.

Electoral (Amendment) Act, 1933 .

Section 2.

No. 22 of 1936.

Electoral (University Constituencies) Act, 1936 .

The whole Act.

No. 16 of 1937.

Plebiscite (Draft Constitution) Act, 1937 .

The whole Act.

No. 25 of 1937.

Electoral (Chairman of Dáil Éireann) Act, 1937.

The whole Act.

No. 32 of 1937.

Presidential Elections Act, 1937 .

Section 26; subsection (1) and paragraph (d) of subsection (2) of section 28; section 30; in Rule 8 of the First Schedule: the words "and of the mode in which electors are to vote"; Rules 11, 12, 13 and 20 of that Schedule; in Rule 22 of that Schedule: the words "and (d) tendered ballot papers,"; paragraph (2) of Rule 20 of that Schedule; paragraphs (2) and (3) of Rule 29 of that Schedule; in paragraph (1) of Rule 32 of that Schedule: the words "the tendered ballot papers and" and the words "and the tendered voteslist,"; in Rule 33 of that Schedule: the words "tendered votes lists,"; paragraph (2) of Rule 38 of that Schedule.

No. 28 of 1941.

Electoral Act, 1941 .

The whole Act.

No. 8 of 1942.

Referendum Act, 1942.

Sections 13, 15, 21 and 28; Rules 12, 13 and 14 of the First Schedule; in Rule 23 of that Schedule the words "and (d) tendered ballot papers,"; paragraphs (2) and (3) of Rule 27 of that Schedule; paragraph (3) of Rule 29 of that Schedule; in paragraph (d) of Rule 31 of that Schedule: the words "the tendered ballot papers," and the words "and the tendered votes list"; in paragraph (e) of Rule 31 of that Schedule: the words "and tendered votes lists".

Session and Chapter or Number and Year

Subject Matter or Short Title

Extent of Repeal

No. 15 of 1945.

Presidential and Local Elections Act, 1945 .

The whole Act.

No. 25 of 1945.

Court Officers Act, 1945.

Paragraph (g) of subsection (3) of section 12.

No. 29 of 1946.

Presidential Elections (Amendment) Act, 1946 .

The whole Act.

No. 30 of 1946.

Referendum (Amendment) Act, 1946 .

The whole Act.

No. 31 of 1946.

Electoral (Amendment) Act, 1946 .

The whole Act.

No. 5 of 1959.

Referendum (Amendment) Act, 1959 .

The whole Act.

No. 9 of 1959.

Presidential Elections (Temporary Provisions) Act, 1959

The whole Act.

No. 14 of 1960.

Elections Act, 1960 .

The whole Act.

No. 43 of 1960.

Electoral Act, 1960 .

Sections 5, 6 and 7 and sections 9 to 16.

No. 19 of 1961.

Electoral (Amendment) Act, 1961 .

Section 7.

GIVEN under the Official Seal of the Minister for Local Government

this 9th day of December, 1963.

NEIL T. BLANEY,

Minister for Local Government.

EXPLANATORY NOTE

This Order brings into force the parts of the Electoral Act, 1963 , dealing with Dáil elections, Presidential elections, referenda, electoral abuses and certain miscellaneous provisions and the repeals of the earlier legislation on these subjects.