S.I. No. 331/1945 - Electoral Act, 1923, Adaptation Order, 1945.

STATUTORY RULES AND ORDERS. 1945. No. 331.

ELECTORAL ACT, 1923, ADAPTATION ORDER, 1945.

WHEREAS it is enacted by sub-section (1) of Section 5 of the Constitution (Consequential Provisions) Act, 1937 (No. 40 of 1937), that for the purpose of ensuring that the laws in force in Saorstát Eireann immediately prior to the date of the coming into operation of the Constitution shall continue to be of full force and effect in accordance with and to the extent provided by Article 50 of the Constitution, the Government may by order make all such general or specific adaptations or modifications of any statute or statutory instrument continued in force by the said Article 50 as shall, in the opinion of the Government, necessary for the purpose aforesaid :

AND WHEREAS the Electoral Act, 1923 (No. 12 of 1923), was continued in force by the said Article 50 and the adaptations and modifications of that Act made by this Order are, in the opinion of the Government, necessary for the purpose aforesaid :

NOW, the Government, in exercise of the powers conferred on them by Section 5 of the Constitution (Consequential Provisions) Act, 1937 (No. 40 of 1937), and of every and any other power them in this behalf enabling, hereby order as follows :—

1. This Order may be cited as the Electoral Act, 1923 , Adaptation Order, 1945.

2. In this Order the expression—

" the Act " means the Electoral Act, 1923 (No. 12 of 1923) :

the expression " the Adaptation Order of 1938 " means the Electoral Act, 1923 , Adaptation Order, 1938 ( S. R. & O. No. 209 of 1938 ).

3.—(1) In subsection (1) of Section 18 of the Act, the words " dissolving Dáil Eireann " shall be substituted for the words " declaring the calling of the Oireachtas."

(2) In paragraph (á) of subsection (1) of Section 19 of the Act, the words " dissolving Dáil Eireann " shall be substituted for the words " declaring the calling of the Oireachtas".

(3) In subsection (1) of Section 54 of the Act—

(a) the words " Dáil Eireann " shall be substituted for the words " the Oireachtas " where those words firstly occur in the said subsection, and

(b) the words " dissolving Dáil Eireann " shall be substituted for the words " summoning a new Oireachtas ", and

(c) the words " Dáil Eireann " shall be substituted for the words " such new Oireachtas ".

(4) In subsection (2) of Section 54 of the Act—

(a) the following " or by reason of a member vacating, by the operation of subsection 2° of Section 6 of Article 12 or Section 14 of Article 15 of the Constitution, his seat " shall be inserted before the words " the Ceann Comhairle of the Dáil ", and

(b) the words " or so vacating his seat " shall be inserted at the end of the said subsection (2).

4.—(1) In subsection (4) of Section 54 of the Act, the reference to the forms contained in Part III of the Fifth Schedule to the Act shall be construed and have effect as a reference to the forms in the Schedule to this Order.

(2) In Part III of the Fifth Schedule to the Act, Forms 1, 2 and 3 in the Schedule to this Order shall be substituted respectively for Forms 1, 2 and 3 in the said Part III of the said Fifth Schedule to the Act, as adapted and modified by the Adaptation Order of 1938.

5. The Adaptation Order of 1938 is hereby revoked.

SCHEDULE.

FORMS OF WRITS.

1.

FORM OF WRIT FOR A GENERAL ELECTION.

To............................................................ ..........Returning Officer for the County (or Borough) Constituency of............................................................ ....................

WHEREAS the President of Ireland (or the Commission exercising and performing the powers and functions of the President of Ireland by virtue of Article 57 (or Article 14) of the Constitution) has dissolved Dáil Eireann :

NOW, I..................................................Clerk of Dáil Eireann, in obedience to the provisions of the Electoral Act, 1923 (as adapted in consequence of the enactment of the Constitution) and in exercise of the powers thereby conferred on me and of every and any other power me in this behalf enabling do hereby direct you, as the Returning Officer for the County (or Borough) Constituency of............................................................ to cause an election to be held according to law in that constituency of..................................................members of Dáil Eireann to serve in Dáil Eireann for the said constituency :

AND that when such election has been duly held, you do without delay certify to me in my Office at..................................................in Dublin the names of the members so elected.

IN WITNESS whereof I have hereunto set my hand and seal this....................day of........................................19..........

LABEL OR DIRECTION ON THE WRIT.

To the Returning Officer for the County (or Borough) Constituency of............................................................ ............................................................ .....

A Writ for the election of Members to serve in Dáil Eireann for the said Constituency.

ENDORSEMENT.

Received the within Writ on....................day, the........................................day of........................................19........

(Signed) A. B.

Returning Officer.

CERTIFICATE ENDORSED ON THE WRIT.

I hereby certify that the members elected to serve in Dáil Eireann for the County (or Borough) Constituency of........................................in pursuance of the within Writ are :—

C. D. of........................................in the County of........................................

E. F. of........................................in the County of........................................

(Signed) A. B.,

Returning Officer.

2.

FORM OF WRIT FOR AN ELECTION TO FILL ONE VACANCY.

To.............................................Returning Officer for the County (or Borough) Constituency of............................................................ ..............................

WHEREAS a vacancy has occurred in the representation of the County (or Borough) Constituency of.............................................in Dáil Eireann by the death (or disqualification or resignation) of or the vacating of his seat by.............................................who was a member of Dáil Eireann for the said Constituency :

AND WHEREAS the Chairman of Dáil Eireann has duly directed me to issue my Writ for the election of a member of Dáil Eireann to fill the vacancy aforesaid :

NOW, I............................................., Clerk of Dáil Eireann, in obedience to the provisions of the Electoral Act, 1923 (as adapted in consequence of the enactment of the Constitution) and in exercise of the powers thereby conferred on me and of every and any other power me in this behalf enabling do hereby direct you, as the Returning Officer for the Constituency aforesaid, to cause an election to be held according to law in the said constituency of a member of Dáil Eireann to serve in Dáil Eireann for the said constituency in the place of the said.............................................so deceased (or disqualified or resigned or vacating his seat) as aforesaid : AND that when such election has been duly held you do without delay certify to me in my Office at....................in Dublin the name of the member so elected.

IN WITNESS whereof I have hereunto set my hand and seal this............... day of........................................19........

LABEL OR DIRECTION ON THE WRIT.

To the Returning Officer for the County (or Borough) Constituency of............................................................ ..................................................

A Writ for the election of a Member to serve in Dáil Eireann for the said Constituency.

ENDORSEMENT.

Received the within Writ on.........................day, the.............................................day of.............................................19........

(Signed) A. B.,

Returning Officer.

CERTIFICATE ENDORSED ON THE WRIT.

I hereby certify that the member elected to serve in Dáil Eireann for the County (or Borough) Constituency of.............................................in pursuance of the within Writ is—

C. D. of..................................................in the County of........................................

(Signed) A. B.,

Returning Officer.

3.

FORM OF WRIT TO FILL MORE THAN ONE VACANCY IN THE SAME CONSTITUENCY.

To.............................................Returning Officer for the County (or Borough) Constituency of.............................................

WHEREAS...............vacancies have occurred in the representation of the County (or Borough) Constituency of.............................................in Dáil Eireann by the deaths of........................................and........................................ and the disqualification of........................................and........................................and the resignations of.................... and...................and the vacating of their seats by....................and....................who, until they respectively died, became disqualified, resigned and vacated their seats were members of Dáil Eireann for the said Constituency.

AND WHEREAS the Chairman of Dáil Eireann has duly directed me to issue my Writ for the election of members of Dáil Eireann to fill the vacancies aforesaid :

NOW, I..................................................Clerk of Dáil Eircann, in obedience to the provisions of the Electoral Act, 1923 (as adapted in consequence of the enactment of the Constitution) and in exercise of the powers thereby conferred on me and of every and any other power me in this behalf enabling do hereby direct you, as the Returning Officer for the Constituency aforesaid, to cause an election to be held according to law in the said Constituency of...................................members of Dáil Eireann to serve in Dáil Eireann for the said constituency in the place of the said..................................................and..................................................so respectively deceased, disqualified, resigned and vacating their seats as aforesaid : AND that when such election has been duly held you do without delay certify to me in my Office at.............................................in Dublin the names of the members so elected.

IN WITNESS whereof I have hereunto set my hand and seal this....................day of........................................19........

LABEL OR DIRECTION ON THE WRIT.

To the Returning Officer for the County (or Borough) Constituency of............................................................ .............................................

A Writ for the election of Members to serve in Dáil Eireann for the said Constituency.

ENDORSEMENT.

Received the within Writ on....................day, the..............................day of.........................19..........

(Signed) A. B.,

Returning Officer.

CERTIFICATE ENDORSED ON THE WRIT.

I hereby certify that the members elected to serve in Dáil Eireann for the county (or Borough) Constituency of..............................in pursuance of the within Writ are :—

C. D. of..............................in the County of ..............................

E. F. of..............................in the County of ..............................

DUBLIN. 

(Signed) A. B.,

Returning Officer.

this....................day of....................19..........

GIVEN under the Official Seal of the Government, this 13th day of November, 1945.

ÉAMON DE VALÉRA,

Taoiseach.