Electoral Reform Act 2022
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Declaration that body is an approved body for purposes of a referendum | ||
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33. (1) A body may apply to the Commission, in accordance with this section, for a declaration to be an approved body for the purposes of a referendum. | ||
(2) An application under subsection (1) shall be in writing in a form specified by the Commission or in a form to the like effect and shall be made within such time as the Commission may specify and shall include the address, in the State, of the body concerned. | ||
(3) Where a body makes an application under this section, it shall nominate a person to be its nominated person for the purposes of this Part (in this Part referred to as “the nominated person”) and the name and address of the person so nominated shall be included in the application. | ||
(4) The Commission may refuse to make a declaration under subsection (1) where— | ||
(a) in the opinion of the Commission, the body concerned does not have a bona fide interest in the proposal the subject of the referendum concerned, | ||
(b) the body concerned fails or refuses to comply with this section or section 35 , or | ||
(c) the name of the body concerned is identical to the name of any party registered in the Register of Political Parties, or in the opinion of the Commission so closely resembles such name as to be calculated to mislead, confuse or deceive. | ||
(5) Upon the determination of an application under this section, the Commission shall, as soon as may be— | ||
(a) by notice in writing inform the body concerned of the determination and, if it is a refusal to make a declaration under this section, the notice shall include a statement of the reasons for the refusal, and | ||
(b) publish a notice in Iris Oifigiúil of the result of the determination. | ||
(6) A person who knowingly furnishes false information in relation to an application under this section shall be guilty of an offence. | ||
(7) A person who contravenes subsection (6) shall be guilty of an offence and shall be liable on summary conviction to a class E fine or imprisonment for a term not exceeding 3 months or both. | ||
(8) Where the Commission is satisfied that false information has been furnished to it under this section, the Commission shall revoke any declaration made by it in relation to the application concerned and shall, as soon as may be, notify the body concerned of the revocation and of the reasons therefor. | ||
(9) (a) Subject to paragraph (b), in this section and in sections 34 , 35 and 36 , “body” means a body corporate or unincorporated body which, or a branch of which, is established in the State, governed by a constitution, a memorandum of association or other such document or other written rules and having a membership of not less than 300. | ||
(b) A political party that is for the time being registered in the Register of Political Parties shall be deemed to be a body. | ||
(10) A reference in any enactment to an approved body within the meaning of the Referendum Act 1998 shall be construed as including a reference to an approved body under this section. |