Local Elections (Disclosure of Donations and Expenditure) Act, 1999

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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.