Worker Participation (State Enterprises) Act, 1988

Election year and nomination day.

10.—The Principal Act is hereby amended by the substitution for section 6 of the following section:

“6.—(1) As regards a designated body, the election years for the purposes of this Act shall be—

(a) (i) as regards Siúicre Éireann cuideachta phoiblí theoranta, An Post and Bord Telecom Éireann, 1988, and each successive fourth year thereafter,

(ii) as regards Córas Iompair Éireann, 1989, and each successive fourth year thereafter,

(iii) as regards the B & I Line public limited company, the Electricity Supply Board, Bord na Móna, Nítrigin Éireann Teoranta and Aer Lingus, 1990, and each successive fourth year thereafter,

and

(b) as regards a designated body other than a body referred to in paragraph (a) of this subsection, the year in which the day appointed by the Minister under section 3 of this Act in relation to the body falls and each successive fourth year thereafter.

(2) During each period of twelve months ending on the 15th day of September in each year which, in relation to a designated body, is an election year, the returning officer shall fix in relation to the body a day to be, for the purposes of this Act, the nomination day in that election year.

(3) (a) If, during the period of twelve months ending on the 15th day of September in each year which, in relation to a designated body, is an election year, a returning officer has not fixed a nomination day, any employee of the designated body may request the Minister in writing to arrange for the fixing in relation to the body a day to be, for the purposes of this Act, the nomination day in that election year.

(b) The Minister, if he is satisfied that a nomination day has not been fixed, may—

(i) direct the returning officer, in writing, forthwith to fix a day, being a day not later than three months after the date of the direction, to be, for the purposes of this Act, the nomination day in that election year, and

(ii) require the returning officer to furnish an explanation in writing as to why he had failed to fix the nomination day.

(c) If, within fourteen days after the date of the direction of the Minister, the returning officer has not fixed a day to be the nomination day, the Minister may, by regulation, fix in relation to the designated body concerned a day to be, for the purposes of this Act, the nomination day in that election year.”.