Electoral, Local Government and Planning and Development Act 2013


Statutory Committee

Amendment of section 5 of Act of 1997

23. Section 5 (inserted by section 9 of the Act of 2009) of the Act of 1997 is amended by inserting the following subsection after subsection (1):

“(1A) If—

(a) a Constituency Commission has presented its report in accordance with section 9(1)(b),

(b) after such presentation the total number of members of the European Parliament to be elected in the State specified pursuant to the treaties governing the European Union is different from the total number to which the Constituency Commission had regard in preparing its report in accordance with paragraph (a) of section 6(3), and

(c) a Constituency Commission is not due to be established and to present a report pursuant to this Part before the date of the next European Parliament election,

the Minister shall, by order, establish a committee whose function shall be to make a report in relation to the constituencies for the election of members of the European Parliament, and the provisions of subsections (2) and (3) of this section, subsections (2)(b) to (f), (3) and (4) of section 6, section 7, section 8, and sections 11 to 15, shall, subject to the following modifications, apply to such a committee:

(i) references to ‘Constituency Commission’ or ‘Commission’ shall be read as ‘committee established under section 5(1A)’, wherever they occur;

(ii) in subsection (3) of section 5, ‘subsection (1)’ shall be read as ‘subsection (1A)’;

(iii) in subsection (3) of section 6, ‘subsection (1)(b)’ shall be read as ‘section 5(1A)’;

(iv) in section 8—

(I) ‘reports’ shall be read as ‘report’, wherever it occurs, and

(II) ‘section 9’ shall be read as ‘section 9A’, wherever it occurs;

(v) in subsection (1) of section 15, ‘section 10’ shall be read as ‘section 10A’.”.