S.I. No. 283/1942 - The Local Elections (Temporary Amendment) Order, 1942.


STATUTORY RULES AND ORDERS. 1942. No. 283.

THE LOCAL ELECTIONS (TEMPORARY AMENDMENT) ORDER, 1942.

DEPARTMENT OF LOCAL GOVERNMENT AND PUBLIC HEALTH.

WHEREAS the Minister for Local Government and Public Health in exercise of the power conferred on him by Article 5 of the Schedule to the Local Government (Application of Enactments) Order, 1898, has prescribed rules for the conduct of local elections :

AND WHEREAS it is expedient that the said rules in their application to elections held during the present emergency should be modified in manner hereinafter appearing :

NOW THEREFORE, the Minister for Local Government and Public Health, in exercise of the aforementioned powers hereby orders as follows, that is to say :—

1. This order may be cited as the Local Elections (Temporary Amendment) Order, 1942.

2. The provisions of this order shall have effect in relation to every election held before the expiration of one year from the date when the Emergency Powers Act, 1939 (No. 28 of 1939) ceases to be in force.

3. In this order the expression " the Principal Order " means the Local Elections Order, 1942.

4.—(1) It shall be a sufficient compliance with the provisions of the Principal Order in regard to the delivery of a nomination paper to the returning officer if the returning officer receives such nomination paper by registered post in an envelope marked " nomination paper " at the place appointed for the delivery of nomination papers not later than 12 noon on the day before the last day for receiving nomination papers.

(2) Whenever a nomination paper is delivered to the returning officer in the manner specified in sub-article (1) of this Article the returning officer shall include in the notice published by him under Rule 9 of the Fifth Schedule to the Electoral Act, 1923 , in relation to such nomination paper a statement that such nomination paper was delivered by post.

(3) Subject to the provisions of sub-article (2) of this article, the provisions of the principal order and of the rules contained in the Fifth Schedule to the Electoral Act, 1923 , shall apply in relation to a nomination paper delivered by post in accordance with sub-article (1) of this article as if such nomination paper had been delivered to the returning officer by the candidate proposed therein or his proposer or seconder in person before the prescribed time.

5. There shall be appended to every notice of election (Form L E 2) the following additional notice:—

" At this election provision has been made allowing nomination papers also to be delivered by post.

The nomination paper must be received by the returning officer by registered post in an envelope marked ' nomination paper ' at the place appointed for the delivery of nomination papers not later than 12 noon on the ....................... day of...................................."

GIVEN under the Official Seal of the Minister for Local Government and Public Health this Twenty-second day of July, One Thousand Nine Hundred and Forty-two.

(Signed) SEÁN MAC ENTEE,

Minister for Local Government and Public Health.