European Parliament Elections (Amendment) Act 2019

Amendment of section 11 of Principal Act

4. Section 11 of the Principal Act is amended—

(a) in paragraph (d) of subsection (2), by the deletion of “or the United Kingdom”,

(b) in subsection (3), by the deletion of “or the United Kingdom”,

(c) by the substitution of the following subsection for subsection (4):

“(4) (a) A person who is elected under this Act to be a representative in the Parliament, and who when so elected, holds office as—

(i) the Attorney General,

(ii) the Chairman or Deputy Chairman of the Dáil or the Chairman or Deputy Chairman of the Seanad, or

(iii) a Minister of State,

shall, on such election and no later than taking up his or her seat in the Parliament, on the date specified by the Parliament for the taking up of such seats, cease to hold that office.

(b) A person who pursuant to section 19 of this Act is to be regarded as having been elected to be a representative in the Parliament or when he or she commences to be so regarded holds office as—

(i) the Attorney General,

(ii) the Chairman or Deputy Chairman of the Dáil or the Chairman or Deputy Chairman of the Seanad, or

(iii) a Minister of State,

shall on being regarded as having being so elected, on the day on which he or she commences to be so regarded, and no later than taking up his or her seat in the Parliament, on the date specified by the Parliament for the taking up of such seats, cease to hold that office.”,

and

(d) in subsection 4A—

(i) by the substitution of the following paragraph for paragraph (a):

“(a) A person who is elected under this Act to be a representative in the Parliament, and who, when so elected, is a member of either House of the Oireachtas, shall on such election and no later than taking up his or her seat in the Parliament, on the date specified by the Parliament for the taking up of such seats, cease to be a member of the House of the Oireachtas concerned.”,

and

(ii) by the substitution of the following paragraph for paragraph (b):

“(b) A person who pursuant to section 19 of this Act is to be regarded as having been elected to be a representative in the Parliament or when he or she commences to be so regarded, and no later than taking up his or her seat in the Parliament, on the date specified by the Parliament for the taking up of such seats, shall cease to be a member of the House of the Oireachtas concerned.”.