Electoral Act, 1997

Interpretation.

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

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

“the Act of 1993” means the Presidential Elections Act, 1993 ;

“the Act of 1997” means the European Parliament Elections Act, 1997;

“the appropriate officer” has the meaning assigned to it in section 71 ;

“commercial price”, in relation to the supply of property, goods or services and the lending of property or goods, means—

(a) where the person by whom the property or goods are supplied or lent or the service is supplied carries on a business consisting wholly or partly of the supply or lending of property or goods or the supply of a service, the lowest price or consideration charged by the person for the supply or lending in the normal course of business of an equivalent amount of property or goods of the same kind or for the supply of a service of the same kind and to the same extent (allowance being made for any discount which is normally given by the person in respect of the supply or lending of property or goods of the same kind or the supply of a service of the same kind) at or about the time of the first-mentioned supply or lending of property or goods or the first-mentioned supply of a service, and

(b) where the person by whom the property or goods are supplied or lent or the service is supplied does not carry on a business consisting wholly or partly of the supply or lending of property or goods or the supply of a service of the same kind, the lowest price or consideration for which an equivalent amount of property or goods of the same kind may be purchased or taken on loan or a service of the same kind and to the same extent may be procured in the normal course of business (allowance being made for any discount which is normally given in respect of the supply or lending of property or goods of the same kind or the supply of a service of the same kind) at or about the time of the first-mentioned supply or lending of property or goods or the first-mentioned supply of a service from a person who carries on such a business;

“constituency” means, as the context may require, a Dáil constituency or a European Parliament constituency;

“the consumer price index number” means the All Items Consumer Price Index compiled by the Central Statistics Office and a reference to such a number at a particular time shall be construed as a reference to such a number expressed on the basis that the consumer price index number at mid-November, 1996, is 100;

“donation statement” has the meaning assigned to it by section 24;

“election”, except in Parts VII and VIII means, as the context may require, a Dáil election or a European election or both a Dáil election and a European election;

“election agent” has the meaning assigned to it by section 28;

“local authority” means the council of a county, the corporation of a county or other borough, the council of an urban district or the commissioners of a town;

“national agent” has the meaning assigned to it by section 28;

“person”, except in Part VI , shall include an individual, a body corporate and an unincorporated body of persons and a body corporate and any subsidiary thereof shall be deemed to be one person;

“personal representative” has the meaning assigned to it by section 3 of the Succession Act, 1965 ;

“political party”, except in Part VI or section 72 , means a political party registered in the Register of Political Parties in accordance with section 25 of the Act of 1992 as a party organised to contest a Dáil election or a European election or both such elections;

“polling day” means the day appointed by order of the Minister to be polling day at a presidential election or a Dáil election or a European election or a local election or a referendum, as the case may be;

“property” means real and personal property;

“the Public Offices Commission” means the Commission established by section 21 of the Ethics in Public Office Act, 1995 ;

“qualified party” has the meaning assigned to it by section 16;

“Seanad election” means the election of members to the Seanad from panels of candidates and the election of members by universities and includes both a Seanad general election and a Seanad bye-election.

(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 a 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) Where a provision of this Act imposes a duty to be performed in respect of a preceding year or a year the reference in that provision to year shall in relation to the year in which the provision comes into operation be construed as a reference to the period between the day on which the provision concerned came into operation and the following 31st day of December.

(4) Nothing in Part IV or VI shall apply to donations received before the coming into operation of Part IV or of the provisions of Part VI insofar as they relate to donations.

(5) Nothing in Part V or VI shall apply to the incurring of expenditure before the coming into operation of those Parts.