S.I. No. 309/1950 - Seanad (Registration of Nominating Bodies) Regulations, 1950.

S.I. No. 309 of 1950.

SEANAD (REGISTRATION OF NOMINATING BODIES) REGULATIONS, 1950.

The Minister for Local Government in exercise of the powers vested in him by section 5, paragraph (a) of subsection (2) of section 9, section 10, section 11, section 13 and section 15 of the Seanad Electoral (Panel Members) Act, 1947 (No. 42 of 1947), hereby makes the following regulations :—

1. These regulations may be cited as the Seanad (Registration of Nominating Bodies) Regulations, 1950.

2. In these regulaitons, the expression " the Act " means the Seanad Electoral (Panel Members) Act, 1947 (No. 42 of 1947).

3. The forms set forth in the Schedule to these regulations shall be the prescribed forms for the respective purposes to which they are expressed to be applicable.

4.—(1) The day prescribed for section 11 of the Act shall be the 10th day of February, 1951.

(2) The day prescribed for section 13 of the Act shall be the 10th day of March, 1951.

(3) The day prescribed for section 15 of the Act shall be the 16th day of March, 1951.

GIVEN under the Official Seal of the Minister for Local Government this Nineteenth day of December, One Thousand Nine Hundred and Fifty.

MICHAEL J. KEYES,

Minister for Local Government.

SCHEDULE.

SEANAD ELECTORAL (PANEL MEMBERS) ACT, 1947 .

APPLICATION FOR REGISTRATION IN THE REGISTER OF NOMINATING BODIES.

Form of Applination for registration in the register of nominating bodies. (Section 9).

(1) Name of body ............................................................ ................................................

(2) Address ............................................................ .........................................................

(3) Objects and activities ............................................................ ......................................

(4) Functions :—	(a) trades or businesses carried on for profit	..........................................................
	(b) other functions	..........................................................
		..........................................................

(5) Average annual revenue from subscriptions during the five years immediately preceding this application £...........................

(6) Name of the body (if any) of which the body applying for registration is a branch or to which it is affiliated or subsidiary

............................................................ .......................................

(7) Grounds on which eligibility for registration is claimed

............................................................ .......................................

............................................................ .....

In pursuance of section 9 of the Seanad Electoral (Panel Members) Act, 1947 (No. 42 of 1947), the body named above hereby applies to the Seanad Returning Officer to be registered in respect of the _____________________Panel in the Register of Nominating Bodies being prepared under the said Act.

(Authentication) _____________________

_______________________

Date ___________________

NOTES.

(1) The particulars required to be furnished under any heading may be given in an appended schedule if the space on this form is insufficient.

(2) The application must be authenticated in the manner required by the articles of association, rules or other regulations governing the body making the application.

(3) A copy of the articles of association, rules or regulations governing the body making the application should be furnished with the application.

(4) In the statement of the grounds on which eligibility for registration is claimed reference should be made to such of the following provisions of Section 8 of the Act as may be relevant to the body making the application, i.e.,

" 8 (2) (b) a body shall not be eligible to be registered in the register in respect of any particular panel unless either—

(I) (i) its objects primarily relate to or are connected with the interests and services mentioned in subsection 1° of section 7 of Article 18 of the Constitution in respect of that particular panel, and

(ii) its activities are concerned mainly with such interests and services, or

(II) its members are representative of persons who have knowledge and practical experience of such interests and services ;

(c) a body which is formed or carried on wholly or substantially for profit or which carries on, as its sole or principal function, any trade or business for profit shall not be eligible for registration in the register ;

(d) the Seanad returning officer may refuse to register any body (not being an excepted body) in the register unless—

(I) its organisation and direction are governed by articles of association, rules or other regulations which—

(i) provide for an annual general meeting to which all members are invited by a noticeforwarding an agenda including the following items, that is to say, minutes of preceding meetings, presentation of annual report, consideration of statement of accounts as certified by the auditor, election of executive committee, election of auditors,

(ii) make adequate provisions for the carrying on of the business of the body by an executive committee, and

(iii) provide for the audit and certification of accounts by a public auditor or other qualified person, and

(II) its average annual revenue from subscriptions during the five years immediately preceding the application for registration has been, in the case of a charitable body, not less than one thousand pounds, or, in any other case, not less than two hundred and fifty pounds,

but subject to the proviso that the requirements set out in this paragraph as to election of auditors, provision for audit and annual revenue shall not apply in the case of such bodies engaged in the promotion of scientific or general knowledge as in the opinion of the Seanad returning officer are of national importance ;

(e) a body which is composed wholly or mainly of persons who are in the employment of the State or of persons who are in the employment of local authorities and the objects of which include the advancement or protection of the interests of such persons in relation to their said employment shall not be eligible for registration in the register ;

(h) The Irish County Councils General Council and the Association of Municipal Authorities of Ireland shall be registered in the register in respect of the administrative panel without application, and no other body shall be registered in the register in respect of that panel unless its objects and activities consist, wholly or substantially, of voluntary social services of a charitable or eleemosynary character.

(3) In paragraph (d) of subsection (2) of this section the expression " excepted body " means a body which is—

(a) a body established under an Act of the Oireachtas for any of the following purposes:—

(i) the regulation or control of professional qualifications or conduct ;

(ii) the provision or improvement of cultural or educational facilities ; or

(b) a cultural, educational or professional organisation in receipt of a grant voted specifically for it by the Oireachtas.

(4) Each of the following bodies, and no other body, shall be a local authority for the purposes of this section :—

(a) the council of a county, the corporation of a county or other borough, the council of an urban district, the commissioners of a town or a public assistance authority,

(b) a committee or joint committee of or appointed by any one or more of the bodies mentioned in paragraph (a) of this subsection."

SEANAD ELECTORAL (PANEL MEMBERS) ACT, 1947 .

NOTICE OF PREPARATION OF REGISTER OF NOMINATING BODIES.

Form of Notice of Preparation of the Register of Nominating Bodies. (Sec 10)

Notice is hereby given that the register of nominating bodies under the above Act is now being prepared. Except as otherwise provided by the Act, no body may be so registered save in pursuance of an application. Any body which proposes to apply for registration may obtain from me, free of charge, an application paper for that purpose.

Completed application papers must be delivered or sent by post to me at the undermentioned office, on or before the 27th day of January, 1951. Any application received at that office after that date shall not be entertained or considered by me. The statutory provisions with regard to the register of nominating bodies are contained in Part II of the above-mentioned Act.

(Signed) .........................................................

Seanad Returning Officer.

Date ................................................

Address ................................................

................................................