Electoral (Amendment) (No. 2) Act, 1986

Certain persons deemed to be resident in the State.

15.—(1) In this section—

“appropriate registration authority” means the registration authority for the area in which the premises referred to in subsection (3) (a) of this section are situate;

“civil servant” and “civil service” have the same meanings, respectively, as in the Civil Service Regulation Act, 1956 ;

“qualified person” means a citizen of Ireland who has reached the age of 18 years and is a civil servant and is a member of a mission and who, for the time being, because of the requirements of his duties, is serving outside the State;

“member of a mission” means a person—

(a) falling within the definition of “members of the mission” contained in the Vienna Convention on Diplomatic Relations done at Vienna on the eighteenth day of April, 1961, as set out in the First Schedule to the Diplomatic Relations and Immunities Act, 1967 , or

(b) falling within the definition of “members of the consular post” contained in the Vienna Convention on Consular Relations done at Vienna on the twenty-fourth day of April, 1963, as set out in the Second Schedule to the said Act, or

(c) who is a member of a Permanent Mission of Ireland to an international organisation;

“spouse” means a person who is the spouse of a qualified person and is a citizen of Ireland and has reached the age of 18 years and is residing with the qualified person outside the State.

(2) A person, who satisfies the appropriate registration authority that he is a qualified person, and the spouse of such person shall, for the purposes of Part II of the Act of 1963, section 3 of the European Assembly Elections Act, 1977 , and section 5 of the Electoral (Amendment) Act, 1985 , be deemed to be ordinarily resident on the qualifying date in the premises in the State in which, but for the requirements of his duties, the qualified person would be resident.

(3) A qualified person may, not later than the prescribed date, send to the appropriate registration authority a statement in the prescribed form providing the following information—

(a) the address of the premises in the State in which, but for the requirements of his duties, he would be resident on the qualifying date; and

(b) particulars of his spouse (if any).

(4) Every statement by a person pursuant to subsection (3) of this

section shall be accompanied by a certificate in the prescribed form from the Secretary of the Department of Foreign Affairs certifying that such person is a qualified person.

(5) A statement by a qualified person as to the premises in the State in which he would be resident on the qualifying date shall, in the absence of evidence to the contrary, be accepted as a correct statement, and he and his spouse (if any) shall be registered as an elector in respect of those premises.

(6) The appropriate registration authority shall enter in the postal voters list the name of each person who is deemed by virtue of this section to be ordinarily resident in the State on the qualifying date.

(7) A person who submits a statement to a registration authority pursuant to subsection (3) of this section shall supply to the appropriate registration authority any information which such registration authority may require for the purposes of this section and the provisions of section 7 (3) (as amended by this Act) of the Act of 1963 shall apply to a requirement by a registration authority under this section.