Electoral Act, 1992
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Cesser of membership of Dáil in certain circumstances. |
42.—(1) Subject to subsections (2) and (3), where a member of the Dáil— | |
(a) incurs an incapacity or disability referred to in section 41 , or | ||
(b) is appointed to a post referred to in section 41 , or | ||
(c) is appointed under the Constitution as a Judge, or Comptroller and Auditor General, | ||
he shall thereupon cease to be such member and a vacancy shall exist accordingly in the membership of the Dáil. | ||
(2) The registrar of the court by which a sentence referred to in section 41 (j) was imposed on a member of the Dáil or was confirmed on appeal shall notify the Chairman of the Dáil of the imposition or confirmation of the sentence as soon as possible after— | ||
(a) in case no appeal is taken against the conviction or sentence, the expiration of the time limit for taking the appeal, | ||
(b) in case an appeal is taken against the conviction or sentence and the appeal is disallowed or a sentence mentioned in section 41 (j) is imposed on the appeal, the determination of the appeal, | ||
and on receipt of such notification by the Chairman of the Dáil a vacancy shall exist in the membership of the Dáil. | ||
(3) Where a member of the Dáil has been adjudicated bankrupt by a court of competent jurisdiction in the State and within six months of the date of the order of adjudication the said order is not annulled or the person the subject of the order has not obtained a certificate of discharge under section 85 (7) of the Bankruptcy Act, 1988 , the Examiner of the High Court shall, as soon as possible after the expiration of the period of six months from the date of the order, notify the Chairman of the Dáil and on receipt of such notification by the Chairman of the Dáil a vacancy shall exist in the membership of the Dáil. | ||
(4) As soon as may be after the receipt of a notification under subsection (2) or (3) the Chairman of the Dáil shall inform the Dáil of such receipt. |