Local Elections (Disclosure of Donations and Expenditure) Act, 1999

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Interpretation.

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

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

“the Act of 1997” means the Electoral Act, 1997 ;

“the Act of 1998” means the Electoral (Amendment) Act, 1998 ;

“the appropriate officer” has the meaning assigned to it in section 71 of the Act of 1997;

“candidate” means a candidate at a local election;

“clerk”, in relation to the corporation of a county or other borough, the council of an urban district or the commissioners of a town, means the town clerk;

“commercial price”, in relation to the supply of property, goods or services and the lending of property or goods, has the meaning assigned to it in section 2(1) of the Act of 1997;

“designated person” has the meaning assigned to it in section 8 ;

“donation” means any contribution given for political purposes by any person, whether or not a member of a political party, to a candidate at an election which is accepted in whole or in part by or duly on behalf of such person and includes—

(a) any donation of money,

(b) any donation of property or goods,

(c) any conferring of the right to use, without payment or other consideration, indefinitely or for a specified period of time, any property or goods,

(d) any supply of services without payment or other consideration therefor,

(e) any difference between the commercial price and the price charged for the purchase, acquisition or use of property or goods or the supply of any service where the price, fee or other consideration is less than the commercial price, and

(f) in the case of any contribution made by a person in connection with an event organised for the purpose of raising funds for a candidate at an election, any proportion attributable to that contribution of the net profit, if any, deriving from the event,

but does not include any payment relating to-

(i) any of the matters referred to in subparagraphs (i) to (ix) of section 6 (1)(b), or

(ii) any election expenses incurred by or on behalf of a political party by a national agent or designated person, as the case may be, on behalf of a candidate authenticated by the political party at an election, other than a donation of money;

“election”, other than in Part VI, means a local election and in Part VI means a local election or the European Parliament election, as appropriate;

“electoral area” means the area by reference to which a local election is held in accordance with section 24(6) of the Local Government Act, 1994 ;

“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;

“local authority concerned” means the local authority to which a candidate seeks or sought election to be a member;

“local electoral area” means the area by reference to which a local election is held in accordance with section 24(1) of the Local Government Act, 1994 ;

“the Minister” means the Minister for the Environment and Local Government;

“national level”, in relation to election expenses or expenditure, has the meaning assigned to it by section 6 (4)(a);

“national agent” has the meaning assigned to it by section 7 ;

“person” includes 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;

“political party” means a 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 local election;

“polling day” means the day appointed by order of the Minister to be polling day at a local election;

“prescribed” has the meaning assigned by section 3 ;

“property” means real and personal property;

“returning officer” means a returning officer at a local election;

“secretary”, in relation to a county council, means the county secretary or the officer in whom the functions of the county secretary are vested;

“specified local authority” means the local authority specified by order of the Minister in section 6 ;

“subsidiary organisation” has the meaning assigned to it by section 22(1) of the Act of 1997.

(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.