Electoral, Local Government and Planning and Development Act 2013
|
Amendment of rule 96 of Second Schedule to European Parliament Elections Act 1997 | ||
|
| ||
17. The Second Schedule to the European Parliament Elections Act 1997 is amended, in rule 96— | ||
(a) in paragraph (1)(b), by substituting “Parliament,” for “Parliament, and”, | ||
(b) by inserting the following subparagraph after subparagraph (b) of paragraph (1): | ||
“(bb) where the person is a national of a Member State, other than the State or the United Kingdom, the person does not stand deprived, as a result of an individual judicial decision, or an administrative decision that may be subject to judicial remedies, of the right to stand as a candidate under the law of that person’s home Member State, and”, | ||
(c) in paragraph (3), by substituting “Subject to paragraphs (3A) to (3C), where”, for “Where”, and | ||
(d) by inserting the following paragraphs after paragraph (3): | ||
“(3A) Where a statutory declaration received by the Clerk of the Dáil pursuant to a request under paragraph (1) and in compliance with that paragraph includes a declaration under subparagraph (bb) of that paragraph, the Clerk, shall, as soon as may be, and before performing the duties required by paragraph (3) in respect of that declaration, forward to the Minister a copy of the declaration, and the Minister shall, as soon as may be— | ||
(a) transmit a copy of the declaration to the competent administrative authority of the home Member State of the person who made the declaration, and | ||
(b) request information from that competent administrative authority verifying whether or not that person stands deprived of the right to stand as a candidate under the law of that person’s home Member State as a result of an individual judicial decision, or an administrative decision that may be subject to judicial remedies, and the Minister may ask for such information to be provided within a specified period of time. | ||
(3B) The Minister shall, as soon as may be after receiving the information requested in paragraph (3A)(b), notify the Clerk of the Dáil as to whether the person stands deprived of the right to stand as a candidate under the law of that person’s home Member State as a result of an individual judicial decision, or an administrative decision that may be subject to judicial remedies. | ||
(3C) Where a statutory declaration received by the Clerk of the Dáil pursuant to a request under paragraph (1) and in compliance with that paragraph includes a declaration under subparagraph (bb) of that paragraph, the Clerk shall perform the duties required by paragraph (3) in respect of the statutory declaration— | ||
(a) as soon as may be after the Clerk receives notification pursuant to paragraph (3B) that the person does not stand deprived of the right to stand as a candidate, or | ||
(b) not later than twenty-five days from the date on which the Clerk received the statutory declaration under paragraph (3A), | ||
whichever is the sooner.”. |