Referendum Act, 1998

Declaration that body is an approved body for purposes of a referendum.

7.—(1) On application in that behalf in accordance with this section to the Commission by a body, the Commission may make a declaration that the body is an approved body for the purposes of the referendum concerned in respect of which the Commission was established.

(2) An application under subsection (1) shall be in writing in a form specified by the Commission or in a form to the like effect and shall be made within such time as the Commission may specify and shall include the address in the State of the body concerned.

(3) Where a body makes an application under this section, it shall nominate a person to be its authorised officer for the purposes of this Act (referred to subsequently in this Act as “an authorised officer”) and the name and address of the person so nominated shall be included in the form of application.

(4) A Commission may refuse to make a declaration under subsection (1) if—

(a) in the opinion of the Commission, the body concerned does not have a bona fide interest in the proposal the subject of the referendum concerned,

(b) it fails or refuses to comply with the provisions of this section or section 9 , or

(c) the name of the body is identical with the name of any party registered in the Register of Political Parties, or in the opinion of the Commission so closely resembles such name as to be calculated to mislead, confuse or deceive.

(5) Upon the determination of an application under this section, the Commission shall as soon as may be—

(a) by notice in writing (which may be sent by post) inform the body concerned of the determination and, if it is a refusal to make a declaration under this section, the notice shall include a statement of the reasons for the refusal, and

(b) publish a notice in Iris Oifigiúil of the result of the determination.

(6) A person shall not knowingly furnish false information to the Commission in relation to an application under this section.

(7) A person who contravenes this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £500 or to imprisonment for a term not exceeding 3 months or to both.

(8) Where the Commission is satisfied that false information has been furnished to it under this section, the Commission shall revoke any declaration made by it in relation to the application concerned and shall, as soon as may be, notify the body concerned of the revocation and of the reasons therefor.

(9) (a) Subject to paragraph (b), in this section “body” means a body corporate or unincorporated body which, or a branch of which, is established in the State, governed by a constitution, a memorandum of association or other such document or other written rules and having a membership of not less than 300.

(b) A political party that is for the time being registered in the Register of Political Parties shall be deemed to be a body.