Referendum Act, 1994

Interpretation.

2.—(1) In this Act, except where the context otherwise requires—

“the Act of 1992” means the Electoral Act, 1992 ;

“a ballot paper” has the meaning assigned to it by section 24 ;

“constituency” has the meaning assigned to it by section 18 ;

“constitutional referendum” means a referendum on a proposal for the amendment of the Constitution;

“Dáil” means Dáil Éireann;

“Dáil election” means an election of a member or members to serve in the Dáil;

“elector” means a presidential elector;

“excluded day” means a day which is a Sunday, Good Friday or a day which is a public holiday within the meaning of the Holidays (Employees) Act, 1973 , or a day which by virtue of a statute or proclamation is a public holiday;

“the local returning officer” has the meaning assigned to it by section 15 ;

“the Minister” means the Minister for the Environment;

“the official mark” has the meaning assigned to it by section 25 ;

“ordinary referendum” means a referendum on a proposal other than a proposal for the amendment of the Constitution;

“a personation agent” has the meaning assigned to it by section 26 ;

“the polling day” has the meaning assigned to it in Part II ;

“a postal voter” means a presidential elector whose name is entered in the postal voters list;

“the postal voters list” means the list prepared pursuant to section 14 of the Act of 1992 insofar as it relates to presidential electors;

“prescribed”, except in section 23 , means prescribed by the Minister by regulations;

“presidential elector” means a person entitled to vote at an election of a person to the office of President of Ireland;

“referendum” includes a constitutional referendum and an ordinary referendum;

“a referendum petition” has the meaning assigned to it by section 42 ;

“the referendum returning officer” has the meaning assigned to it by section 14 ;

“the register of electors” means the register of presidential electors;

“the register of presidential electors” has the meaning assigned to it by section 13 of the Act of 1992;

“Seanad” means Seanad Éireann;

“a special voter” means a presidential elector whose name is entered in the special voters list;

“the special voters list” means the list prepared pursuant to section 17 of the Act of 1992 insofar as it relates to presidential electors.

(2) In this Act—

(a) a reference to a Part or section is to a Part or section of this Act, unless it is indicated that reference to some other enactment is intended;

(b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended;

(c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.

(3) For the purpose of the application by virtue of this Act to referenda of certain provisions of the Act of 1992, the said provisions as so applied shall have effect as if—

(a) a reference in that Act to a Dáil elector or an elector was a reference to a presidential elector;

(b) a reference in that Act to a Dáil election or an election was a reference to a referendum;

(c) a reference in that Act to the register of Dáil electors or the register of electors was a reference to the register of presidential electors;

(d) a reference in that Act to a returning officer was a reference to a local returning officer;

(e) a reference in that Act to the Act of 1992 was a reference to this Act, including the provisions of that Act applied to referenda by this Act;

(f) the reference in section 67 of the said Act to section 60 thereof was a reference to section 26 and “of the candidates” was deleted;

(g) the references in section 68 of the said Act to “each candidate” were references to each member of the Dáil for the constituency and each member of the Seanad resident in the constituency concerned and “if the election is contested” was deleted;

(h) the references in section 73 of the said Act to “each candidate” were references to each member of the Dáil for the constituency and each member of the Seanad resident in the constituency concerned;

(i) in section 74 of the said Act “an agent” was substituted for “the agent of a candidate”;

(j) in section 76 of the said Act the reference to section 129 thereof was a reference to section 38 , the references in the said section 76 to the Clerk of the Dáil were references to the referendum returning officer and “of the candidates” was deleted;

(k) in section 81 of the said Act “he receives from the referendum returning officer a copy of the Minister's order appointing the polling day at the referendum” was substituted for “the adjournment of the Dáil election for the purpose of taking a poll”;

(l) in section 85 of the said Act the reference to “the notice of poll under section 87” was a reference to the notice of the taking of the referendum under section 21 ;

(m) in section 95 of the said Act “a member of the Dáil for the constituency and any member of the Seanad” was substituted for “a person in respect of whom he is satisfied that that person has a bona fide interest in the Dáil election as either a candidate or a prospective candidate, or the agent of such a person”;

(n) in section 98 of the said Act the following was substituted for paragraph (c)—

“(c) a member of the Dáil for the constituency and any member of the Seanad,”;

and “by or on behalf of the candidates” in paragraph (d) was deleted;

(o) in section 101 of the said Act the reference to sections 38 and 64 thereof was a reference to section 28 and the reference to section 79 thereof was a reference to section 29 and the reference to sections 99 and 100 was a reference to section 31 ;

(p) in section 103 of the said Act subparagraph (iii) of subsection (4) was deleted and “Are you a personation agent at this referendum?” was substituted for subparagraph (iv) of the said subsection and in subsection (7) “proposal stated therein” was substituted for “particulars stated in respect of each candidate” and in subsection (9) “member of the Dáil or Seanad or a personation agent at the referendum” was substituted for “candidate or agent of a candidate at that election”;

(q) in section 106 of the said Act “any particular result at the referendum” was substituted for “the candidature of a particular person or persons or of members of a political party”;

(r) in section 108 of the said Act, the reference to sections 56, 62 and 63 thereof was deleted and the reference to section 96 thereof was a reference to section 13 ;

(s) in section 110 of the said Act, the reference to sections 99 and 100 thereof was a reference to section 31 ;

(t) in section 111 (1) of the said Act, “and section 31 of the Referendum Act, 1994” was inserted after “section”;

(u) in sections 112 and 114 of the said Act the reference to Part XIX thereof was a reference to Part III ;

(v) in section 113 of the said Act the references to “each candidate” were references to each member of the Dáil for the constituency and each member of the Seanad resident in the constituency and “of the candidates” in subsections (2) and (3) was deleted;

(w) in section 114 of the said Act “of the candidates” was deleted and “any agent present” was substituted for “the agent of any candidate”;

(x) in section 115 of the said Act “may consider expedient” was substituted for “and the candidates otherwise agree”;

(y) in section 117 of the said Act “Any person, other than the returning officer, his assistants and clerks” was substituted for “Candidates or their agents”;

(z) in section 134 of the said Act the reference to section 68 thereof was a reference to section 28 ;

(aa) in section 135 of the said Act paragraphs (c) and (d) of subsection (1) and “the election of any person or” in paragraphs (a) and (b) of the said subsection were deleted;

(bb) in section 136 of the said Act paragraphs (b) and (c) and “for a particular person or” in paragraph (a) were deleted;

(cc) in section 137 of the said Act “manner in which” was substituted for “candidate for whom” in each place where the expression occurs and for “name of the candidate for whom” in subsection (4) (c);

(dd) in section 138 of the said Act paragraph (h) and “nomination paper or any certificate of political affiliation or any” in paragraph (g) were deleted, and in the said paragraph (g) “ section 31 ” was substituted for “section 99 or section 100”;

(ee) in section 139 of the said Act the reference to a period of time was a reference to the period commencing on the date of the order appointing the polling day and ending on the publication in Iris Oifigiúil of the provisional referendum certificate;

(ff) in section 140 of the said Act “a particular result” was substituted for “the candidature of any candidate”;

(gg) in sections 140 and 144 of the said Act the references to a returning officer were a reference to the referendum returning officer and a local returning officer;

(hh) in section 144 of the said Act “at the referendum or is actively associated in furthering any particular result at the referendum” was substituted for “for any candidate at that election or who is actively associated in furthering the candidature of any candidate or promoting the interests of any political party at the election”;

(ii) in section 145 of the said Act “nomination of candidates or the” was deleted;

(jj) in section 147 of the said Act “any particular result at the referendum” was substituted for “the interest of a political party or furthering the candidature of a candidate or candidates or soliciting votes for a candidate or candidates” in subsection (2) and “for a candidate or candidates or vote” in paragraph (b) of that subsection was deleted;

(kk) in section 148 of the said Act the reference to section 96 thereof was a reference to section 13 ;

(ll) in section 153 of the said Act “Any person, other than the returning officer, his assistants and clerks,” was substituted for “A candidate or the agent of a candidate”;

(mm) in section 154 of the said Act the reference to section 130 thereof was a reference to section 39 ;

(nn) in section 155 of the said Act “or the cesser of membership of the Dáil” was deleted and a reference to section 49 was substituted for the reference to Rule 8 of the Third Schedule thereof;

(oo) in section 156 of the said Act “the decision of the court” was construed as meaning the final order of the High Court on the trial of a referendum petition;

(pp) in section 157 of the said Act the reference to section 133 thereof was deleted; and

(qq) in section 160 of the said Act “or that a particular person was a candidate thereat” was deleted;

and with any other necessary modifications.