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  4. S.I. No. 55/2016 - Electoral Act 1992 (Special Difficulty) (Assent to Nomination of Candidate at Dáil Election) Order 2016.

S.I. No. 55/2016 - Electoral Act 1992 (Special Difficulty) (Assent to Nomination of Candidate at Dáil Election) Order 2016.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 9th February, 2016.

I, ALAN KELLY, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by section 164 of the Electoral Act 1992 (No. 23 of 1992) (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 )) where it appears to me there is a special difficulty with regard to the assents required by section 46(5)(a) (inserted by section 1 of the Electoral Act 2007 (No. 14 of 2007)) of the Electoral Act 1992 to the nomination of certain candidates at the election to be held as a consequence of the Proclamation issued on 3 February 2016 dissolving Dáil Éireann because the register of Dáil electors under section 13 of the Electoral Act 1992 which came into force on 15 February 2015 ceases to be in force on 15 February 2016 and a new register of Dáil electors comes into force on that day, hereby order as follows:

1. This Order may be cited as the Electoral Act 1992 (Special Difficulty) (Assent to Nomination of Candidate at Dáil Election) Order 2016.

2. At the Dáil election to be held as a consequence of the Proclamation issued on 3 February 2016 dissolving Dáil Éireann section 46(6)(e) (inserted by the Electoral Act 2007 (No. 14 of 2007)) of the Electoral Act 1992 (No. 23 of 1992) is modified so that it does not apply to assents under subsection (5)(a) of that section in respect of candidates at that Dáil election.

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GIVEN under my Official Seal,

5 February 2016.

ALAN KELLY,

Minister for the Environment, Community and Local Government.

EXPLANATORY NOTE

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

This order dis-applies section 46 (6)(e) of the Electoral Act 1992 for the February 2016 general election, for the avoidance of any doubt about assents to candidate nominations given in accordance with section 46(6)(a), in view of the fact that the current register of electors ceases to be in force on 15 February 2016, after the latest time for receipt of nominations.