Seanad Electoral (Panel Members) Act, 1954

Amendment of section 16 of Principal Act.

4.—(1) Section 16 of the Principal Act is hereby amended by the substitution of the following subsections for subsections (3), (4) and (5):

“(3) On the 15th day of February or, if that day is a Sunday, on the 16th day of February in every year the Seanad returning officer shall revise (in this Act referred to as an annual revision) the register of nominating bodies and for that purpose—

(a) shall examine all applications for registration, deletion or amendment received by him during the period specified in subsection (2) of this section;

(b) shall disallow every application which appears to him to be irregular in form;

(c) shall disallow every application for registration which appears to him to be an application for a registration prohibited by this Act;

(d) shall disallow every application for registration as respects which the applicant fails to satisfy him that the applicant is eligible for registration in respect of the panel to which the application relates;

(e) shall disallow every application for registration made by a body which appears to him to be a branch of or affiliated or subsidiary to a body which is already registered in the register (not being a body whose registration he is deleting) or whose application for such registration he is allowing;

(f) may disallow any application for registration where the registration is proper to be refused having regard to paragraph (d) of subsection (2) of section 8 of this Act;

(g) may disallow any application for registration where the applicant fails or refuses to give any information required of the applicant under this section;

(h) shall allow all such applications for registration as he does not disallow;

(i) shall delete from the register the registration of every body which has duly applied for such deletion;

(j) shall delete from the register the registration of every body which appears to him to have ceased to exist;

(k) shall delete from the register the registration of every body which appears to him to have become a body whose registration is prohibited by this Act;

(l) shall delete from the register the registration of every body which appears to him to have ceased to be eligible for registration;

(m) shall delete from the register the registration of every body which appears to him to be a branch of or affiliated or subsidiary to a body whose application for registration he is allowing;

(n) may make all such amendments in the register as appear to him by virtue of applications under this section or otherwise to be requisite or proper.

(4) The Seanad returning officer may require, from any applicant under this section for registration or amendment, any information relevant to the application which the Seanad returning officer may reasonably consider necessary.

(5) The Seanad returning officer may make such inquiries as he thinks proper for the purpose of any annual revision of the register of nominating bodies, but he shall not make any deletion or amendment without giving notice thereof to the body whose entry he proposes to delete or amend or without giving such body a reasonable opportunity of making representations in regard thereto unless the deletion or amendment is made by virtue of an application under this section.”

(2) Section 16 of the Principal Act is hereby amended by the addition thereto of the following subsections:

“(7) Nothing in section 9 or section 11 of this Act shall apply in relation to any annual revision of the register of nominating bodies.

(8) For the purposes of this and any subsequent section of this Act a body shall be regarded as affiliated to another body when the first-mentioned body is a member of or represented on the other body and the objects of the other body include the furtherance of the principal objects of the first-mentioned body.”