Seanad Electoral (Panel Members) Act, 1954

SCHEDULE.

Minor and Consequential Amendments of Principal Act.

Section 15 .

Ref. No.

Section amended

Amendment

1

Section 2

In the definition of “provisional nominating bodies sub-panel” “section 28” shall be substituted for “section 35.”

2

Section 11

Subsection (4) shall be deleted.

3

Section 16

In subsection (2)—

(i) “by delivering the application to or sending it by post so as to reach the Seanad returning officer” shall be inserted after “Seanad returning officer”,

(ii) “at twelve o'clock noon on the 14th day (being a week-day) or the 13th day (being a Saturday) of February” shall be substituted for “on the 15th day of February”,

(iii) “and any such application which is received by the Seanad returning officer after that period shall not be entertained or examined by him” shall be added at the end of the subsection.

4

Section 17

In subsection (1) “whose entry in the register of nominating bodies has been deleted or amended” shall be substituted in paragraph (b) for “affected by a deletion from or amendment of the register of nominating bodies made”.

In subsection (3) “to or sent by post so as to reach the Clerk of Dáil Éireann before twelve o'clock noon on the 15th day (being a week-day) or the 14th day (being a Saturday) of March in the year in which the decision appealed against was given, and any such appeal which is received by the Clerk of Dáil Éireann after that hour on that day shall not be entertained or considered by the appeal board” shall be substituted for “or sent by post to the Clerk of Dáil Éireann on or before the 15th day of March in the year in which the decision appealed against was given”.

5

Section 18

The following subsection shall be inserted after subsection (2):

“(2a) Where, in the case of an appeal made under 17 of this Act, comments on the grounds of the appeal have been duly submitted under subsection (4a) or (4b) of that section, the appeal board shall consider the comments and subsection (2) of this section shall not be construed as preventing or restricting such consideration.”

6

Section 19

In subsection (2)—

“and shall be notified by the Seanad returning officer to every body affected thereby” shall be added at the end of the subsection.

7

Section 24

In subsection (2) “panel” shall be inserted in paragraph (c) after “Oireachtas”.

8

Section 25

The following subsection shall be added to the section:

“(3) For the purposes of subsections (1) and (2) of this section with respect to the nominations at a Seanad general election in a case in which a further dissolution of Dáil Éireann has occurred after the dissolution which occasioned that Seanad general election, the further dissolution of Dáil Éireann shall be deemed not to have occurred.”

9

Section 27

In subsection (2) “proposes for nomination” shall be substituted in paragraph (b) for “is entitled to propose”.

10

Section 28

In subsection (2) “provisional nominating bodies sub-panel” shall be substituted for “nominating bodies list.”

In subsection (7) “provisional nominating bodies sub-panels” shall be substituted for “nominating bodies lists” and “sub-panel” for “list.”

11

Section 44

The following subsection shall be added to the section:

“(3) For the purposes of subsection (1) of this section with respect to the electorate at a Seanad general election in any case in which a further dissolution of Dáil Éireann has occurred after the dissolution which occasioned that Seanad general election, the further dissolution shall be deemed not to have occurred.”

12

Section 45

In subsection (6) “When the Seanad returning officer has prepared an electoral roll under this section, he shall publish it in the Iris Oifigiúil by notice containing a copy of the roll and the roll as prepared and published by the Seanad returning officer in pursuance of” shall be substituted for “An electoral roll prepared under”.

13

Section 46

“notice by which publication of the panels was effected” shall be substituted for “five panels as published in the Iris Oifigiúil, but with the modification that there shall, in such copy, be inserted in respect of every person on any panel a statement of the body or persons on whose nomination he was put on such panel”.

14

Section 56

In subsection (1) “subsection (3) of this section” shall be substituted for “whichever of the two next following subsection of this section is applicable.”

Subsection (2) shall be deleted.

In subsection (3) “Where the vacancy in respect of which a Seanad bye-election order is made is an Oireachtas sub-panel vacancy” shall be deleted.

15

Section 68

In subsection (2) the following paragraph shall be inserted after paragraph (c):

“(cc) the Seanad returning officer shall have due regard to all decisions of the judicial referee on questions referred to him by the Seanad returning officer;”

16

Section 76

In subsection (2) “Part of this” shall be inserted before “Act”.

17

Section 77

In subsection (1) “Part of this” shall be inserted before “Act to be ruled.”

18

First Schedule.

In paragraph (2) of Rule 8, the following subparagraphs shall be inserted after subparagraph (b):

“(b1) the Clerk-Assistant of Seanad Éireann,

(b2) the Clerk-Assistant of Dáil Éireann,”.

In paragraph (2) of Rule 8, the following subparagraphs shall be inserted after subparagraph (e):

“(e1) in case the said premises is situate in a county, the manager under the County Management Acts, 1940 and 1942, for the county and the secretary to the council of the county,

(e2) in case the said premises is situate in a county borough, the manager under the Acts relating to the management of the county borough”

19

Second Schedule.

In paragraph (3) of Rule 8, “any count in progress at the time having been completed, such one of the remaining candidates on that sub-panel as is credited with the greatest value of votes shall be deemed not to be a continuing candidate and, before any other transfer is made, the value of his votes shall be transferred in the same manner as in the case of a transfer on the exclusion of a candidate. If the values of the votes credited to two or more such candidates are equal, the candidate first to be deemed not to be a continuing candidate shall be the candidate credited with the greatest value of votes at the earliest count, beginning with the first, at which the values of votes credited to such candidates were unequal, and if the values of votes were equal at all counts, the candidate highest in the order of preferences” shall be substituted for “the values of the votes of the remaining candidates on such sub-panel shall be transferred before any other transfer is made”.

In paragraph (4) of Rule 8 “The values of votes of the remaining candidates shall then be transferred in the same manner as in the case of a transfer on the exclusion of a candidate, the values of votes of the candidate credited with the greatest number of votes being transferred first” shall be deleted.