Local Elections (Disclosure of Donations and Expenditure) Act, 1999
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PART V Disqualifications, Prosecutions and Miscellaneous Amendments | ||
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Disqualifications. |
20.—(1) Where an unsucessful candidate at an election fails to furnish to the local authority concerned, within the period specified for this purpose, a statement of donations and election expenses or a statutory declaration pursuant to section 13 (1)(a)(iii), the person shall, on the expiry of such specified period, be disqualified for membership of any local authority for the remainder of the terms of office of the members of the local authority concerned. | |
(2) Where a member of a local authority elected at the election fails to furnish to the local authority concerned, within the period specified for this purpose, a statement of donations and election expenses or a statutory declaration pursuant to section 13 (1)(a)(iii) the member shall be suspended from membership of the authority for the period of 7 days commencing on the expiry of the time specified for this purpose, or a lesser period ending on the compliance by the member with the requirements of section 13 , and if at the end of that period the member has not complied with the requirements of section 13 , the member shall be disqualified for membership of any local authority. | ||
(3) A disqualification arising pursuant to subsection (2) shall come into effect on the eighth day following the last day for compliance with the requirements of section 13 and the disqualification shall apply and have effect for the remainder of the term in office of the members of the local authority concerned. | ||
(4) Where an unsuccessful candidate or an elected member of a local authority furnishes to the local authority concerned a statement of donations and election expenses which to the person's knowledge is false or misleading in a material respect, the local authority concerned may bring summary proceedings against the unsuccessful candidate or elected member for making a false or misleading statutory declaration under the Statutory Declarations Act, 1938 . | ||
(5) If a person is convicted by a court of an offence following proceedings initiated under subsection (4), in addition to any penalty imposed by the court, the person shall be disqualified for membership of any local authority and the disqualification shall apply and have effect for the remainder of the term in office of the members of the local authority concerned. | ||
(6) Where a member of a local authority becomes disqualified for membership of a local authority pursuant to subsection (2) or (5), that person shall, immediately on such occurance cease to be such member and a vacancy shall exist accordingly in the membership of the local authority. | ||
(7) A person who ceases to be a member of a local authority pursuant to this section shall on such cesser also cease to be a member of any body to which that person was elected, nominated or appointed by a local authority, or of which the person is a member by virtue of being a member of a local authority; but nothing in this subsection shall be construed so as to affect the validity of anything previously done by the person while he or she was a member of that body. |