Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024

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Amendment of Act of 1992

38. The Act of 1992 is amended—

(a) in section 2, by the insertion, in subsection (1), of the following definitions:

“ ‘Limerick City and County Electoral Area’ has the same meaning as it has in Part 1 of Schedule 2 to the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024;

‘Limerick mayoral election’ means an election, including a mayoral by-election, held in accordance with Part 1 of Schedule 2 to the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024;

‘plebiscite’ has the same meaning as it has in Part 6 of the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024;”,

(b) in section 11, by the substitution, in subsection (2), of “European, local or Limerick mayoral election or a referendum or plebiscite” for “European or local election or a referendum”,

(c) in section 13—

(i) by the substitution, in subsection (1), of “local elections, Limerick mayoral elections or plebsicites,” for “local elections,”,

(ii) by the substitution, in subsection (2), of “, referendum or plebiscite” for “or referendum”, and

(iii) by the insertion, in subsection (5), of “or plebiscite” after “referendum” in each place it occurs,

(d) in section 14—

(i) by the substitution, in paragraph (c) of subsection (2), of “European, local or Limerick mayoral election, or a referendum or plebiscite” for “European or local election, or a referendum”, and

(ii) by the substitution, in subsection (2), of “that election, referendum or plebiscite” for “that election or referendum”,

(e) in section 15C—

(i) by the substitution of “election, referendum or plebiscite” for “election or a referendum”,

(ii) by the substitution of “election, referendum or plebiscite,” for “election or referendum,” in each place it occurs, and

(iii) by the substitution of “elections, referendums or plebiscites.” for “elections or referendums.”,

(f) in section 15D, in subsection (6)—

(i) by the substitution of “election, referendum or plebiscite” for “election or a referendum”, and

(ii) by the substitution of “election, referendum or plebiscite.” for “election or referendum.”,

(g) in section 17, by the substitution—

(i) in subsection (1), of “, at a local election in accordance with Part VIII of the Local Elections Regulations 1995 ( S.I. No. 297 of 1995 ), at a Limerick mayoral election in accordance with Part 1 of Schedule 2 to the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 or at a plebiscite in accordance with Part 6 of that Act” for “or at a local election in accordance with Part VIII of the Local Elections Regulations 1995 ( S.I. No. 297 of 1995 )”, and

(ii) in subsection (6), of “European, local or Limerick mayoral election or a referendum or plebiscite,” for “European or local election, or a referendum,” and of “that election, referendum or plebiscite,” for “that election or referendum,”,

(h) in section 17A, by the substitution of the following subparagraph for subparagraph (ii) of paragraph (a) of subsection (4):

“(ii) shall, if an order appointing polling day is made in the case of a Dáil, presidential, European, local or Limerick mayoral election, or a referendum or plebiscite, and the person will reach 18 years on a day that falls during the period beginning on the last day on which applications for entry in the register can be received and ending on polling day in the case of such an election, referendum or plebiscite, enter the name of the person on the register of electors published for the purpose of the election, referendum or plebiscite, as the case may be, or election and referendum and plebiscite, in respect of which the order appointing polling day was made, and”,

(i) in section 28, by—

(i) the substitution, in subsection (1), of “, local elections, Limerick mayoral elections and plebiscites” for “and local elections”, and

(ii) the insertion of the following subsection after subsection (8):

“(8A) The scheme in operation under this section on the commencement of section 38 of the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 shall apply for the purposes of a Limerick mayoral election or a plebiscite until such time as the next scheme under this section comes into operation.”,

(j) in section 42, by—

(i) the substitution, in paragraph (c) of subsection (1), of “Comptroller and Auditor General, or” for “Comptroller and Auditor General,”, and

(ii) the insertion of the following paragraph after paragraph (c):

“(d) is deemed to be elected as Mayor of Limerick under paragraph 54 of Chapter 12 of Schedule 2 to the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024,”,

(k) in section 164, by—

(i) the substitution, in subsection (1), of “local elections, Limerick mayoral elections in accordance with Part 1 of Schedule 2 to the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 or at a plebiscite in accordance with Part 6 of that Act” for “local elections, a plebiscite under Part 6 of the Local Government Act 2019 ”, and

(ii) in subsection (3), by the substitution, in subparagraph (ii) of paragraph (d), of “elections or a referendum or plebiscite” for “elections or a referendum” and “Local Elections Acts 1963 to 1992, the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024” for “Local Elections Acts, 1963 to 1992,”,

(l) in section 165, by—

(i) the substitution, in paragraph (g) of subsection (1), of “Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024;” for “ Local Government Act 2019 .”,

(ii) the insertion, in the said subsection (1), of the following paragraph after paragraph (g):

“(h) the poll at a Limerick mayoral election.”,

and

(iii) the substitution, in paragraph (f) of subsection (2), of “Limerick mayoral election or plebiscite under Part 6 of the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024” for “or plebiscite under Part 6 of the Local Government Act 2019 ”,

(m) in the Second Schedule—

(i) in Rule 1, by—

(I) the substitution of “election, referendum or plebiscite” for “election or referendum” in each place it occurs, and

(II) by the substitution, in paragraph (3), of “election, a referendum or a plebiscite” for “election or a referendum”,

(ii) in Rule 7, by the substitution, in paragraph (2), of “election, referendum or plebiscite” for “election or referendum” in both places it occurs,

(iii) in Rule 13, by—

(I) the substitution, in clause (iv) of subparagraph (b) of paragraph (1) of “referendum,” for “referendum, or”,

(II) the substitution, in clause (v) of subparagraph (b) of paragraph (1) of “election,” for “election.”,

(III) the insertion, in paragraph (1), of the following clauses in subparagraph (b):

“(vi) under paragraph 6 of Schedule 2 to the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 in the case of a Limerick mayoral election, or

(vii) under section 47 of the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 in the case of a plebiscite under Part 6 of that Act.”,

(IV) the substitution, in subparagraph (c) of paragraph (2), of “constituency,” for “constituency, and”,

(V) the substitution, in subparagraph (d) of paragraph (2), of “relates, and” for “relates.”, and

(VI) the insertion, in paragraph (2), of the following subparagraph after subparagraph (d):

“(e) each member of the Limerick City and County Council for the Limerick City and County Electoral Area to which the register relates.”,

(iv) in Rule 14, by—

(I) the substitution of the following clause for clause (iii) of subparagraph (a) of paragraph (4):

“(iii) each candidate duly nominated—

(I) for the local electoral area at a local election, or

(II) for the Limerick City and County Electoral Area at a Limerick mayoral election.”,

(II) the substitution of the following subparagraph for subparagraph (d) of paragraph (4):

“(d) such number of copies of the register for each Dáil constituency or part of a Dáil constituency or for a local electoral area or for the Limerick City and Council Electoral Area, as the case may be, as the returning officer at a Dáil election, a local election, a Limerick mayoral election or a plebiscite or the local returning officer at a presidential election or a referendum requires for the purpose of his or her duties as returning officer or local returning officer, as the case may be, at that election or referendum,”,

(III) the substitution of “registration area,” for “registration area, or” in clause (ii) of subparagraph (f) of paragraph (4),

(IV) the substitution of the following clause for clause (iii) of subparagraph (f) of paragraph (4):

“(iii) for a local electoral area in the registration area, or”,

(V) the insertion of the following clause after clause (iii) of subparagraph (f) of paragraph (4):

“(iv) for the Limerick City and County Electoral Area at a Limerick mayoral election.”,

and

(VI) the substitution, in paragraph (5), of “to the returning officer at a Dáil election, a local election, a Limerick mayoral election or a plebiscite, the local returning officer at a presidential election or a referendum” for “to the returning officer at a Dáil election or a local election, the local returning officer at a presidential election or a referendum.”,

and

(v) in Rule 39, in subparagraph (b) of paragraph (2), by—

(I) the substitution of “election, referendum or plebiscite” for “election or referendum” in each place it occurs, and

(II) the substitution of “or all,” for “or both,”.