Electoral (Amendment) Act 2011

Amendment of section 39 of Electoral Act 1992.

2.— Section 39 of the Electoral Act 1992 is amended by inserting the following subsection after subsection (2):

“(2A) Notwithstanding subsection (2), where the Dáil has not directed the Chairman of the Dáil pursuant to that subsection within a period of 6 months from the date on which the vacancy occurred, the Chairman of the Dáil (or, where he or she is unable through illness, absence or other cause to fulfil his or her duties or where there is a vacancy in the office of Chairman, the Deputy Chairman of the Dáil) shall, as soon as practicable after the expiration of that period, direct the Clerk of the Dáil to issue a writ to the returning officer for the constituency in which the vacancy occurred directing the returning officer to cause an election to be held to fill the said vacancy.”.