105.Where the mayoral election agent of a candidate at a Limerick mayoral election or a person to whom subsection (5) of section 101 applies disputes any claim delivered to the mayoral election agent or person, as the case may be, before the expiration of the period specified in section 104, the person by whom the claim is made may apply to a court of competent jurisdiction for an order for payment of the amount of the claim and the court may, on being satisfied that the amount of the claim is owed, in whole or in part, to the person by the mayoral election agent or person to whom the said subsection (5) of section 101 applies, make an order for payment by the said mayoral election agent or person to whom the said subsection (5) of section 101 applies of that amount (or part thereof) to the person who made the application.
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Statements in relation to Limerick mayoral election expenses 106. (1) (a) The mayoral election agent of a candidate at a Limerick mayoral election shall, before the expiration of the period of 56 days from the polling day for the election, furnish to the Commission— (i) a statement (in this section referred to as a ‘statement of election expenses’) in writing of all election expenses (whether paid or not) incurred by the mayoral election agent, for the purposes of the election, and details thereof, and (ii) vouchers in respect of those expenses. (b) A person to whom subsection (5) of section 101 applies shall, before the expiration of the period of 56 days from the polling day for the Limerick mayoral election concerned, furnish to the Commission— (i) a statement (in this section also referred to as a ‘statement of election expenses’) in writing of all election expenses (whether paid or not) incurred by him or her, for the purposes of the election, and details thereof, and (ii) vouchers in respect of those expenses.
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(2)(a) A statement under paragraph (a) of subsection (1) shall be in such form as the Commission shall specify and shall be accompanied— (i) by a statutory declaration made by the mayoral election agent concerned that, to the best of his or her knowledge and belief, the statement is accurate in every material respect and that he or she has taken all reasonable measures to satisfy himself or herself of the accuracy of the statement, and (ii) except where the statement is furnished in circumstances to which subsection (6) applies, by a statutory declaration made by the candidate concerned that, to the best of his or her knowledge and belief, the statement is accurate in every material respect and that he or she has taken all reasonable measures to satisfy himself or herself of the accuracy of the statement. (b) A statement under paragraph (b) of subsection (1) shall be in such form as the Commission shall specify and shall be accompanied by a statutory declaration made by the person concerned that, to the best of his or her knowledge and belief, the statement is accurate in every material respect and that he or she has taken all reasonable measures to satisfy himself or herself of the accuracy of the statement.
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(3)(a) Upon the request of the Commission, a mayoral election agent shall provide the Commission with additional or supplemental information in relation to a statement under paragraph (a) of subsection (1), and the information provided to the Commission in compliance with that request shall— (i) be in such form as the Commission shall specify, and (ii) if the Commission so requests, be accompanied— (I) by a statutory declaration made by the mayoral election agent concerned that, to the best of his or her knowledge and belief, the information is accurate in every material respect and that he or she has taken all reasonable measures to satisfy himself or herself of the accuracy of the information, and (II) except where the statement is furnished in circumstances to which subsection (6) applies, by a statutory declaration made by the candidate concerned that, to the best of his or her knowledge and belief, the information is accurate in every material respect and that he or she has taken all reasonable measures to satisfy himself or herself of the accuracy of the information. (b) Upon the request of the Commission, a person who has furnished a statement to the Commission in accordance with paragraph (b) of subsection (1) shall provide the Commission with additional or supplemental information in relation to a statement under paragraph (b) of subsection (1), and the information provided to the Commission in compliance with that request shall— (i) be in such form as the Commission shall specify, and (ii) if the Commission so requests, be accompanied by a statutory declaration made by the person that, to the best of his or her knowledge and belief, the information is accurate in every material respect and that he or she has taken all reasonable measures to satisfy himself or herself of the accuracy of the information.
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(4)Where an order is made by a court under section 105 after the statement of election expenses is furnished to the Commission in accordance with this section, the mayoral election agent or other person against whom the order is made, as the case may be, shall, not later than 7 days after the date of the making of the order, furnish to the Commission a copy of the order and a statement of the sum payable under the order.
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(5)It shall be the duty of every person who is required to furnish a statement or make a declaration in accordance with this section to make such inquiries and maintain such records as are reasonably necessary for the purpose of complying with this section.
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(6)Where a candidate standing nominated for a Limerick mayoral election dies— (a) at any time before the close of the poll at that election, or (b) on or after the close of poll at the Limerick mayoral election but before a statement of election expenses in respect of the candidate has been furnished to the Commission in accordance with this section, the mayoral election agent of the candidate shall furnish a statement of the election expenses of the candidate in accordance with this section.
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(7)This section shall apply to a mayoral election agent appointed under section 99(4), subject to the proviso that the statement of election expenses to be furnished by the said election agent shall be furnished to the Commission within the 56 days next following polling day at the election or as soon as practicable after the expiration of that period.
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Reimbursement of Limerick mayoral election expenses of candidates 107. (1) Subject to this section, election expenses incurred for the purposes of a Limerick mayoral election shall be reimbursed to a candidate at that election if— (a) the candidate is elected at that election to the office of Mayor of Limerick, or (b) though not so elected, the number of votes credited to him or her at any stage during the counting of the votes in the poll for that election exceeds one quarter of the quota, but the amount of election expenses incurred that may be reimbursed to the candidate shall be the actual expenses incurred by the candidate but shall not exceed €18,500.
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(2)Subject to subsection (3), payments in respect of the reimbursement of election expenses under this section shall be made by the Minister for Public Expenditure, National Development Plan Delivery and Reform, out of the Central Fund or the growing produce thereof to each candidate referred to in subsection (1), who applies therefor to the Commission in a form specified by the Commission.
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(3)No reimbursement of election expenses of a candidate shall be made unless and until the Commission— (a) certifies to the Minister for Public Expenditure, National Development Plan Delivery and Reform in writing that— (i) in respect of the candidate, there has been full compliance with section 106, (ii) the statement of election expenses furnished under that section is in compliance with this Part and was prepared in accordance with such guidelines (if any) issued by the Commission under this Act, and (iii) a Limerick mayoral election donation statement has been furnished in accordance with section 95 to the Commission and such statement was prepared in accordance with guidelines issued by the Commission under this Act, and (b) furnishes to the Minister for Public Expenditure, National Development Plan Delivery and Reform details of the amount of election expenses incurred by the candidate.
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(4)The Commission shall, if satisfied that a candidate at a Limerick mayoral election is eligible for reimbursement of election expenses incurred for the purpose of that election, furnish the details referred to in subsection (3) in respect of the candidate to the Minister for Public Expenditure, National Development Plan Delivery and Reform, as soon as may be after it has considered— (a) the application for reimbursement of election expenses under subsection (2) in respect of that candidate, and (b) the statement of election expenses furnished to it in respect of the candidate under section 106.
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(5)Where a candidate referred to in subsection (1) dies— (a) after the close of the poll at a Limerick mayoral election, and (b) before making an application for the reimbursement of election expenses under this section, the personal representative of the candidate may make such application and any reimbursement of such expenses shall be made to such personal representative.
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(6)Where a candidate referred to in subsection (1) dies— (a) after making an application for the reimbursement of election expenses under this section, and (b) before such reimbursement is made, the reimbursement of those expenses shall be made to the personal representative of the candidate.
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(7)A payment made to a candidate, or the personal representative of a candidate, as the case may be, under this section shall not be liable to income tax.
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(8)In this section, ‘election expenses’ includes expenditure deemed to be expenditure incurred by or on behalf of a candidate at a Limerick mayoral election by virtue of subsection (2) of section 103.
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Laying of copy of documents before each House of the Oireachtas 108. (1) The Commission shall, as soon as may be after the receipt of a statement in relation to donations under section 95, cause— (a) a copy of the said statement, (b) copies of the statutory declarations referred to in subsection (2) of that section, to be laid before each House of the Oireachtas.
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(2)The Commission shall, as soon as may be after the receipt of a statement in relation to election expenses under section 106, cause— (a) a copy of the said statement, (b) copies of the statutory declarations referred to in that section, and (c) any order of the court under section 105, to be laid before each House of the Oireachtas.
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(3)Where a minor error or omission in a statement of election expenses is corrected in accordance with subsection (2) of section 4, the Commission shall cause a copy of the said statement as so corrected to be laid before each House of the Oireachtas.
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Relief for failure to comply with Part 109. (1) This section applies to a party to proceedings (either civil or criminal) before a court who— (a) is or was a candidate at a Limerick mayoral election in relation to which the proceedings were brought, the mayoral election agent of such a candidate or a person to whom subsection (5) of section 101 applies, and (b) contravenes section 106 or, in purported compliance with that section, furnishes to the Commission a statement of election expenses that is false or misleading in any material respect.
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(2)Where it is shown to the court that the contravention, or false or misleading statement, arose— (a) due to the illness of that party, (b) in the case of such party who is or was a candidate at the Limerick mayoral election concerned, due to the death, illness, absence or misconduct of his or her mayoral election agent or of any person employed by that mayoral election agent, (c) in the case of such party who is or was the mayoral election agent of a candidate at the Limerick mayoral election concerned, due to the death, illness, absence or misconduct of any person who was the mayoral election agent of such candidate or was employed by the mayoral election agent second-mentioned in this paragraph, (d) in the case of such party who is or was a person to whom subsection (5) of section 101, due to the death, illness, absence or misconduct of any person employed by the person first-mentioned in this paragraph, or (e) due to inadvertence or other reasonable cause not involving negligence on the part of such party to the proceedings, or the contravention, knowingly, by such party of this Part, where the proceedings are based wholly or partly on the grounds of misconduct on the part of any person, such misconduct was without the approval or knowledge of such party to the proceedings and such party took all reasonable action to prevent such misconduct, the court may on application to it by such party, make such order granting relief for the failure, error, omission or false or misleading statement the subject of the proceedings, as it considers reasonable.
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(3)An order under subsection (2)— (a) shall relieve the candidate, mayoral election agent or person, as the case may be, the subject of the proceedings from any liability or consequences under this Act or the Local Elections Regulations 1995 (S.I. No. 297 of 1995), as applied to Limerick mayoral elections, and (b) may make the granting of the relief conditional on the furnishing of a statement of election expenses in a modified form or within an extended period of time and subject to compliance with such other conditions as seem proper to the court in order to give effect to this Part.
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Power of court to require information from mayoral election agent 110. (1) The court before which proceedings referred to in section 109 are brought may order the person alleged, in those proceedings, to have— (a) contravened section 106, or (b) furnished a statement of election expenses, in purported compliance with section 106, that is false or misleading in a material respect, to appear before the court for the purpose of giving evidence in relation to any matter relating to those proceedings.
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(2)Unless a person referred to in subsection (1) shows cause to the contrary, the court may order that person— (a) to furnish to the Commission a revised statement of election expenses in compliance with section 106, or (b) to furnish such particulars in the possession or procurement of that person as may be required for the purpose of furnishing such statement, as the court thinks fit, within such period, to such person and in such manner as it directs, and may require that person to provide such explanation of such particulars as the court directs.
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Excess expenditure 111. Without prejudice to section 113, where the aggregate amount of all election expenses incurred or deemed to have been incurred by or on behalf of a candidate at a Limerick mayoral election exceeds the amount (in this section referred to as the ‘relevant amount’) specified in section 103, the Minister for Public Expenditure, National Development Plan Delivery and Reform shall, upon the recommendation of the Commission, deduct an amount equal to the difference between the first mentioned amount and the relevant amount from any sum which may be payable or become payable as a reimbursement of election expenses to the said candidate under section 107.
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Provisions relating to fresh Limerick mayoral election 112. The limits on election expenses at a fresh election for surviving candidates and candidates nominated at the fresh election shall be the amount specified in subsection (1) of section 103 or an order for the time being in force under subsection (1) (amended by paragraph (b) of section 39 of the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024) of section 3.
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Offences and penalties 113. (1) A person who contravenes— (a) subsection (1) or (2) of section 94, (b) subsection (1), (2) or (3) of section 95, (c) subsection (1), (2) or (5) of section 96, (d) subsection (1), (2), (3) or (4) of section 97, (e) section 98, (f) subsection (3), (5) or (8) of section 101, (g) subsection (1) of section 103, or (h) section 106 (other than subsection (5)), shall be guilty of an offence and shall be liable on summary conviction to a class C fine.
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(2)A person who— (a) is required to make a statement under section 23AA and who fails to do so or fails to comply with that section as to the form and contents of the statement, (b) fails to remit to the Commission in accordance with section 23AA such a donation or, in the case of a donation which is a monetary donation, the part of it exceeding the limit specified in that section or the value thereof, or fails to return the donation to the donor or, in the case of a donation which is a monetary donation, the part of the donation exceeding the limit specified in that section, (c) contravenes section 23AB, (d) knowingly furnishes information under section 23AB which is false or misleading in any material respect, or (e) in purported compliance with section 23AB, furnishes information that is false or misleading in any material respect, shall be guilty of an offence and shall be liable on summary conviction to a class C fine.
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(3)A person who makes a payment in contravention of section 104 shall be guilty of an offence and shall be liable on summary conviction to a class C fine.
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(4)A mayoral election agent who— (a) in purported compliance with section 95, furnishes to the Commission a Limerick mayoral election donation statement that is false or misleading in any material respect, (b) in purported compliance with section 95 or subsection (4) of section 97, furnishes to the Commission a statutory declaration that is false or misleading in any material respect, (c) in purported compliance with subsections (2) or (3) of section 97, furnishes to the Commission a statement to which paragraph (a) of that subsection applies or a certificate to which paragraph (b) of that subsection applies that is false or misleading in any material respect, (d) in purported compliance with subsection (1) of section 106, furnishes to the Commission a statement that is false or misleading in any material respect, or (e) in purported compliance with subsection (2) or (3) of section 106, furnishes to the Commission a statutory declaration that is false or misleading in any material respect, shall be guilty of an offence and shall be liable— (i) on summary conviction, to a class C fine, or (ii) on conviction on indictment, to a fine not exceeding €25,000 or imprisonment for a term not exceeding 3 years or both.
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(5)(a) A person convicted of an offence under subsection (1) consisting of a contravention of subsection (1) of section 95 shall, on each day on which he or she fails to furnish the Limerick mayoral election donation statement concerned to the Commission after his or her having been so convicted, be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €130 in respect of each such second-mentioned offence. (b) A person convicted of an offence under subsection (1) consisting of a contravention of subsection (2) of section 97, shall, on each day on which he or she fails to furnish the statement or certificate concerned to the Commission after his or her having been so convicted, be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €130 in respect of each such second-mentioned offence. (c) A person convicted of an offence under subsection (1) consisting of a contravention of subsection (1) of section 106 or subsection (3) of section 97 shall, on each day on which he or she fails to furnish the statement or vouchers concerned to the Commission after his or her having been so convicted, be guilty of an offence and shall be liable on summary conviction to a fine not exceeding €130 in respect of each such second-mentioned offence.
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(6)It shall be a defence to proceedings for an offence consisting of a contravention of section 103 for a person to show that, at the time of the alleged commission of the offence, he or she did not know and had no reasonable grounds for believing that he or she had incurred election expenses greater than the aggregate specified in that section.
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(7)Summary proceedings for an offence under this section may be brought and prosecuted by the Standards in Public Office Commission.”, and (t) in the Schedule— (i) by the substitution, in paragraph 1, of “, 52(1)(b), and for the purposes of the definition of ‘election expenses’ in Part X” for “and 52(1)(b)”, (ii) by— (I) the deletion, in subparagraph (a) of paragraph 2, of “or”, and (II) the substitution, in the said subparagraph, of “section 46(2)(b) or, in the case of a Limerick mayoral election within the meaning of Part X, paragraphs (b), (c) and (d) of subsection (4) of the definition of “election expenses” in section 93,” for “section 46(2)(b)”, and (iii) by the substitution, in subparagraph (b) of paragraph 2, of “, local election or Limerick mayoral election within the meaning of Part X” for “or local election”.
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Amendment of European Parliament Elections Act 1997 40. The European Parliament Elections Act 1997 is amended, in subsection (5) of section 11, by— (a) the substitution, in paragraph (c), of “member of the Seanad, or” for “member of the Seanad,”, and (b) the insertion of the following paragraph after paragraph (c): “(d) is deemed to be elected as Mayor of Limerick under paragraph 54 of Chapter 12 of Schedule 2 to the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024,”.
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Amendment of Litter Pollution Act 1997 41. (1) Section 19 of the Act of 1997 is amended, in subsection (7)— (a) in subparagraph (iii) of paragraph (c), by the deletion of “or”, (b) in subparagraph (iv) of paragraph (c), by the substitution of “ European Parliament Elections Act 1997 or,” for “ European Parliament Elections Act 1997 ”, and (c) in paragraph (c), by the insertion of the following subparagraphs after subparagraph (iv): “(v) a Limerick mayoral election, including a by-election, held in accordance with
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Part 1
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of Schedule 2 to the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024, or (vi) a plebiscite within the meaning of
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Part 6
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of the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024,”.
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(2)Section 21 of the Act of 1997 is amended, in paragraph (b) of subsection (3), by the substitution of “ Local Government Act 2001 , a Limerick mayoral election within the meaning of
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Part 1
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of Schedule 2 to the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024, a plebiscite within the meaning of Part 6 of the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024,” for “ Local Government Act 2001 ,”.
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(3)In this section, “Act of 1997” means the Litter Pollution Act 1997 .
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Amendment of Electoral (Amendment) Act 2004 42. The Electoral (Amendment) Act 2004 is amended, in subsection (1) of section 35, by the substitution of “, Article 55 of the Regulations of 1995 or paragraph 40 of
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Part 1
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of Schedule 2 to the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024.” for “or Article 55 of the Regulations of 1995.”.
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Amendment of Electoral (Amendment) Act 2006 43. The Electoral (Amendment) Act 2006 is amended, in paragraph (b) of subsection (1) of section 15, by the insertion of “, a Limerick mayoral election, including a mayoral by election, held in accordance with
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Part 1
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of Schedule 2 to the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024, or a plebiscite within the meaning of
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Part 6
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of that Act, or” after “local election,”.
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Amendment of Data Protection Act 2018 44. The Data Protection Act 2018 is amended— (a) in section 2, by the insertion of the following definition: “ ‘Mayor of Limerick’ has the meaning assigned to it by section 9 of the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024;”, and (b) in section 39, by the substitution of the following paragraph for paragraph (c) of subsection (3): “(c) a candidate for election to the office of President of Ireland, or Mayor of Limerick, or for membership of either House of the Oireachtas, the European Parliament or a local authority.”.
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Amendment of Act of 2022 45. The Act of 2022 is amended— (a) in section 2— (i) in the definition of “election”, by the substitution of “, a Seanad election or a Limerick mayoral election;” for “or a Seanad election;”, and (ii) by the insertion of the following definitions: “‘Limerick mayoral election’ means an election, including a mayoral by-election, held in accordance with
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Part 1
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of Schedule 2 to the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024; ‘plebiscite’ means a plebiscite held under
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Part 6
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of the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024;”, (b) in subsection (1) of section 43— (i) by the substitution of the following paragraph for paragraph (c): “(c) a local election;”, and (ii) by the insertion of the following paragraph after paragraph (c): “(d) a Limerick mayoral election.”, (c) in paragraph (b) of section 45, by the substitution of the following subparagraph for subparagraph (iii): “(iii) in the case of a party which applies for registration as a party organised to contest— (I) a local election only, (II) a Limerick mayoral election only, or (III) both a local election and a Limerick mayoral election, it has at least 3 members who are, at the time the application for registration is made, members of a local authority and each of whom certifies in writing to the Registrar that he or she is a member of the party,”, (d) in subsection (5) of section 51— (i) by the substitution of “Act of 2001, or” for “Act of 2001.”, and (ii) by the insertion of the following paragraph after paragraph (c): “(d) in the case of a Limerick mayoral election relative to a party registered or seeking registration (including registration of a political party emblem) as a party organised to contest a Limerick mayoral election, after the date of the making of the order of the Minister under paragraph 6 of Schedule 2 to the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024.”, (e) in subsection (2) of section 67— (i) by the substitution of the following paragraph for paragraph (f): “(f) a referendum;”, and (ii) by the insertion of the following paragraphs after paragraph (f): “(g) a Limerick mayoral election; (h) a plebiscite.”, and (f) in subsection (3) of section 68— (i) by the substitution of the following paragraph for paragraph (e): “(e) articles 51, 57, 62, 65 and 74 of the Local Elections Regulations 1995;”, and (ii) by the insertion of the following paragraph after paragraph (e): “(f) paragraphs 37 and 42 of the Schedule 2 to the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024.”.
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PART 6
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Plebiscites on Direct Election of Mayors Definitions (Part 6) 46. In this Part— “chief executive”, in relation to a local authority, has the meaning assigned to it by the Principal Act; “corporate policy group” has the meaning assigned to it by the Principal Act; “directly elected mayor” means, in relation to an administrative area of a local authority, the person— (a) elected to the office of mayor for that administrative area by the electors of that administrative area, and (b) on whom are conferred— (i) some or all of the functions for the time being performable by the chief executive of that local authority, and (ii) such other functions as may be provided by or under statute; “elected council”, in relation to a local authority, has the meaning assigned to it by the Principal Act; “elector” means a person entitled to vote in a plebiscite by virtue of section 51 ; “local authority” means a local authority other than Limerick City and County Council; “plebiscite” means, in relation to an administrative area of a local authority, the plebiscite required to be held under this Part in respect of that administrative area; “proposal” means a proposal to provide by law for a directly elected mayor of the administrative area of a local authority.
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Plebiscite 47. (1) (a) Where— (i) the corporate policy group of a local authority submits a report to the elected council of the local authority recommending a proposal and that elected council approves that proposal by resolution, (ii) the Minister receives from the chief executive of a local authority— (I) a petition signed by more than 15 per cent of the electors of the administrative area of the local authority requesting the holding of a plebiscite in relation to a proposal, and (II) a certificate signed by that chief executive stating that he or she is satisfied that the petition is valid, or (iii) the Minister directs, a proposal shall be submitted to a plebiscite of the electors of the administrative area to which the proposal relates. (b) A proposal referred to in paragraph (a) shall be submitted to a plebiscite of the electors concerned not later than— (i) in a case referred to in subparagraph (i) of paragraph (a), 12 months after the passing of the resolution, (ii) in a case referred to in subparagraph (ii) of paragraph (a), 12 months after receipt of the petition and certificate, and (iii) in the case of a direction given under subparagraph (iii) of paragraph (a), 12 months after the giving of the direction. (c) A resolution to which subparagraph (i) of paragraph (a) applies shall be submitted by the Cathaoirleach of the local authority concerned to the Minister not later than 30 days after the passing of the resolution and shall be accompanied by a copy of the report referred to in that subparagraph. (d) Where the chief executive of a local authority receives a document purporting to be a petition referred to in clause (I) of subparagraph (ii) of paragraph (a), he or she shall, if satisfied that the document is a valid such petition, submit that petition and the certificate referred to in clause (II) of that subparagraph to the Minister not later than 30 days after having received the petition.
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(2)A plebiscite shall be held on such day and at such times as the Minister shall, subject to paragraph (b) of subsection (1) and subsection (4), by order, appoint.
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(3)An order under subsection (2) shall be published in Iris Oifigiúil as soon as may be after it is made.
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(4)An order under subsection (2) shall appoint a day that is not earlier than 60 days, and not later than 90 days, after the making of the order.
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(5)Each plebiscite shall be conducted in accordance with regulations made by the Minister under section 49 .
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(6)The Minister shall, within such period as the Minister considers reasonable and necessary to enable the Commission to comply with its obligations under subsection (7) in relation to a plebiscite, provide the Commission with information relating to— (a) the functions and office that are proposed in respect of the directly elected mayor for the administrative area concerned, (b) the likely effect that the establishment of such office would have on the performance by the local authority concerned of its functions and the likely nature of the relationship between the holder of that office and that local authority, (c) the likely nature of the relationship between the holder of such office and any other body established by or under statute charged with performing functions in relation to the administrative area concerned, (d) the likely cost and other resource implications should the proposal be implemented, (e) the likely effects (if any) that the proposal would have in relation to the functions and organisational structure of any other body established by or under statute, and (f) such other matters as the Minister considers appropriate.
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(7)For the purposes of a plebiscite, the Commission shall— (a) prepare a statement or statements containing a general explanation of the proposal that is the subject of the plebiscite, which shall include a summary of the information provided by the Minister under subsection (6), and any further information that the Commission considers appropriate, and (b) not later than 30 days before the day appointed under subsection (2), publish (in both the Irish and English languages) and distribute such statement or statements in relation to the plebiscite concerned in such manner as the Commission considers will bring the proposal to the attention of electors in the administrative area to which the proposal relates.
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Advance polling 48. (1) Notwithstanding subsections (2) and (4) of section 47 , the Minister may, in the public interest and where it is necessary to do so having regard to the immediate, exceptional and serious risk posed to human life and public health by a pandemic or by Covid-19 and with the consent of the Commission, make an order providing that, in addition to the poll at a plebiscite provided for under subsection (2) of section 47 — (a) an advance poll at a plebiscite may be taken on the day before the day appointed by the Minister under subsection (2) of section 47 , and (b) a poll referred to in paragraph (a) shall continue for such period, not being less than 12 hours, between the hours of 7 a.m. and 10.30 p.m.
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(2)An order under this section shall be published in Iris Oifigiúil as soon as may be after it is made.
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(3)The returning officer for a plebiscite to which an order under subsection (1) applies shall give public notice of the day on which, and the hours during which, the advance poll provided for by that order shall be taken.
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(4)In this section— “Covid-19” means a disease caused by infection with the virus SARS-CoV-2 and specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 (S.I. No. 390 of 1981) or any variant of the disease so specified as an infectious disease in those Regulations; “pandemic” means an outbreak of disease— (a) occurring worldwide or over a very wide area, crossing international boundaries and affecting a large number of people, and (b) which has been declared by the World Health Organisation to be a pandemic.
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Regulations 49. (1) The Minister may make regulations for the purposes of this Part.
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(2)Without prejudice to the generality of subsection (1), regulations under this section may make provision in relation to any one or more of the following: (a) the form of the ballot paper in respect of a plebiscite, including the wording of the proposal to be included on the ballot paper; (b) arrangements and requirements relating to the publication of notices and the provision of information to electors; (c) the appointment of the returning officer for the purposes of a plebiscite, his or her duties and the assignment of staff to him or her for the purposes of the plebiscite; (d) the taking of the poll and the counting (including recounting) of votes in a plebiscite; (e) the use of school premises and other premises to which the public ordinarily have access for purposes connected with a plebiscite; (f) arrangements for— (i) voting at a plebiscite in person or by post, (ii) special voting at a plebiscite, and (iii) voting at a plebiscite by persons who are members of the staff of the returning officer; (g) voting at a plebiscite by electors who are physically ill or physically disabled; (h) polling at a plebiscite on islands forming part of the administrative area to which the plebiscite applies; (i) the issue of polling information cards; (j) the maintenance of the secrecy of the ballot; (k) the removal of persons misconducting themselves in polling stations; (l) procedures to be followed in cases of disorder or obstruction at polling stations or otherwise in relation to the holding of a plebiscite; (m) procedures to be followed in the case of damage to ballot boxes or damage to a polling station; (n) arrangements to prevent interference with ballot boxes or ballot papers and procedures to be followed should such interference occur or be suspected of having occurred; (o) modifications of the provisions specified in section 50 for the purposes of that section; (p) such other matters relating to the holding of a plebiscite as the Minister considers appropriate.
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(3)Where regulations under this section are proposed to be made, a draft of the regulations shall be laid before each House of the Oireachtas and the regulations shall not be made until a resolution approving the draft has been passed by each such House.
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Electoral offences 50. Articles 67, 95, 96, 97, 98, 99, 100, 101, 105, 106, 107, 108, 109, 110, 111, 113, 114, 115, 116, 117, 118 and 119 of the Local Elections Regulations shall apply and have effect in relation to a plebiscite as they apply and have effect in relation to a local election, subject to such modifications as shall be specified in regulations under section 49 and any other necessary modifications.
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Persons entitled to vote in plebiscite 51. Subject to this Part and the Local Elections Regulations as modified by regulations made under section 49 , every person whose name is entered on the register of local government electors (within the meaning of the Act of 1992) maintained in accordance with Part II of and the Second Schedule to the Act of 1992 for the administrative area of a local authority and published in accordance with subsection (5) of section 13 of that Act shall be entitled to vote in a plebiscite in respect of that administrative area.
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Report to Houses of Oireachtas 52. If a majority of the votes cast at a plebiscite held in accordance with this Part are in favour of the proposal, the Minister shall, not later than 2 years from the day appointed under subsection (2) of section 47 in relation to the holding of that plebiscite, prepare and submit to each House of the Oireachtas a report specifying proposals for legislative measures to provide for a directly elected mayor of the administrative area in respect of which the plebiscite was held.
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Cost of holding of plebiscite 53. The costs incurred by a local authority in the holding of a plebiscite shall be borne by that local authority.
\n
Repeal of Part 6 of Local Government Act 2019 54. Part 6 of the Local Government Act 2019 is repealed.
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PART 7
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Removal of Mayor from Office Definitions (Part 7) 55. In this Part— “final recommendation” has the meaning assigned to it by subsection (7) of section 62 ; “member” means a member of Limerick City and County Council other than the Mayor; “panel” has the meaning assigned to it by subsection (1) of section 59 ; “preliminary recommendation” has the meaning assigned to it by subsection (1) of section 62 ; “removal notice” has the meaning assigned to it by subsection (2) of section 56 ; “removal order” has the meaning assigned to it by subsection (1) of section 63 ; “removal resolution” has the meaning assigned to it by subsection (1) of section 56 ; “statement of response” has the meaning assigned to it by subsection (1) of section 57 .
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Proposal for removal of Mayor from office 56. (1) Subject to this Part, the members may, by resolution (in this Part referred to as a “removal resolution”) at a special meeting convened under section 58 , adopt a proposal that the Mayor be removed from office by removal order on either or both of the following grounds: (a) that the Mayor has engaged in stated misbehaviour; (b) that the Mayor has— (i) failed to a material extent, without reasonable cause, to perform his or her functions, and (ii) such failure is of an extent which is likely to materially impede the effective performance by Limerick City and County Council of its functions.
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(2)Notice in writing of the intention to propose a removal resolution (in this Part referred to as a “removal notice”) shall— (a) be signed by at least two-thirds of the total number of the members, (b) specify the ground or grounds, referred to in subsection (1), on which the resolution is proposed, (c) contain a statement of the reasons for the proposal, and (d) subject to subsection (4), without delay be delivered to the Príomh Chomhairleoir.
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(3)A copy of a removal notice shall, on the same day that it is delivered to the Príomh Chomhairleoir, be delivered to the Mayor.
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(4)A removal notice shall not be delivered to the Príomh Chomhairleoir— (a) earlier than 12 months after the election to office of the Mayor to which the notice relates, (b) earlier than 12 months after a vote of the members on a removal resolution that was not passed in relation to that Mayor, or (c) earlier than 12 months after a decision of the Minister under subsection (5) of section 63 .
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(5)Upon receipt of a removal notice, the Príomh Chomhairleoir shall, without delay— (a) inform the Minister that the removal notice has been received, and (b) deliver a copy of the removal notice to the director general, who shall furnish a copy thereof to each member.
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Statement of response by Mayor 57. (1) The Mayor may, not later than 14 days after receipt of a copy of a removal notice, deliver to the Príomh Chomhairleoir a statement (in this Part referred to as a “statement of response”) setting out his or her response to the removal notice and the statement may include any supporting documentation and information the Mayor considers to be relevant to the response.
\n
(2)The Príomh Chomhairleoir may, if he or she considers it is appropriate to do so, on the request of the Mayor made before the expiration of the period referred to in subsection (1), extend that period for a further period of no longer than 7 days.
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(3)The Príomh Chomhairleoir shall, as soon as possible after receipt of a statement of response in accordance with this section, deliver a copy of the statement to the director general, who shall furnish a copy thereof to each member.
\n
Special meeting to consider proposal 58. (1) The Príomh Chomhairleoir shall, upon receipt of a removal notice, convene a special meeting of Limerick City and County Council to consider the removal notice for a date that is not earlier than 14 days, and not later than 28 days, after the date of such receipt.
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(2)Where the period for delivery of a statement of response is extended under subsection (2) of section 57 , the Príomh Chomhairleoir shall, if the special meeting has been convened for a date falling in that period, convene the special meeting for another date that is later than the end of that period, but not later than 28 days after receipt of the removal notice by the Príomh Chomhairleoir.
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(3)At a special meeting convened under this section, the Mayor— (a) may address the members of the local authority in relation to the removal notice, (b) shall be entitled to be legally represented, and (c) may, with the agreement of the Príomh Chomhairleoir, be accompanied by, and consult with, such other persons as the Mayor considers appropriate.
\n
(4)A special meeting convened under this section may proceed in the absence of the Mayor for all or any part of the meeting.
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(5)It is necessary for the passing of a removal resolution at a special meeting convened under this section that— (a) the members have considered— (i) the removal notice in respect of which the special meeting was convened, and (ii) any statement of response to that removal notice, and (b) at least three-quarters of the total number of members vote in favour of the removal resolution.
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(6)Where a special meeting is held under this section, the Príomh Chomhairleoir shall, as soon as practicable thereafter— (a) inform the Minister whether the removal resolution has been passed, and (b) where the removal resolution has been passed— (i) provide to the Minister a copy of— (I) the removal notice in respect of which the special meeting was convened, (II) any statement of response to that removal notice delivered to the Príomh Chomhairleoir by the Mayor in accordance with section 57 , (III) the minutes of the special meeting, and (IV) the removal resolution, and (ii) deliver a copy of the documents specified in clauses (III) and (IV) of subparagraph (i) to the director general, who shall furnish a copy thereof to the Mayor.
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Appointment of panel 59. (1) The Minister shall, within 7 days of being informed of the passing of a removal resolution, appoint a panel (in this Part referred to as a “panel”) of at least 3 persons having knowledge of or experience in local government, human resources or management to consider the removal resolution and make a recommendation to the Minister in relation to the making of a removal order.
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(2)A panel shall be independent in the performance of its functions.
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(3)Subject to this Part and any regulations made under section 64 , a panel may establish its own procedures.
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(4)The Minister shall, as soon as possible after the appointment of a panel— (a) provide the panel with a copy of the documentation specified in subparagraph (i) of paragraph (b) of subsection (6) of section 58 , and (b) inform the Mayor, the Príomh Chomhairleoir and the director general that the panel has been appointed.
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(5)The panel shall, without delay after its appointment, inform the Mayor of his or her right to submit a statement, or a further statement, as the case may be, to the panel in accordance with subsection (1) of section 60 and to request an interview with the panel under subsection (1) of section 61 .
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Further statement of response and additional information to panel 60. (1) The Mayor may, not later than 7 days after being informed in accordance with subsection (4) of section 59 of the appointment of a panel, deliver to the panel a statement, or further statement, as the case may be, for consideration by the panel, setting out his or her response to the removal notice or the passing of the removal resolution, which may include any supporting documentation and information the Mayor considers to be relevant.
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(2)The panel may, if it considers it appropriate to do so, request the Mayor, the Príomh Chomhairleoir, the director general or any member to provide specified documentation or information within a period specified in writing by the panel and the person so requested shall comply with the request.
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(3)A panel may proceed in accordance with section 62 to make a preliminary recommendation or a final recommendation notwithstanding any failure by the Mayor or other person to provide documentation or information in accordance with subsection (2).
\n
Attendance before panel 61. (1) A Mayor in relation to whom a removal resolution is passed may, not later than 7 days after being informed in accordance with subsection (4) of section 59 of the appointment of a panel, request an interview with the panel in relation to the passing of the removal resolution or the removal notice in respect of which the resolution was passed, and the panel shall conduct the interview on such day and at such time and place as shall be specified by the panel.
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(2)A panel may request the attendance of the Mayor, the Príomh Chomhairleoir, the director general or any member at an interview with the panel in relation to the passing of a removal resolution or the removal notice in respect of which the resolution was passed, on such day and at such time and place as shall be specified by the panel, and the person so requested shall comply with the request.
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(3)A panel shall give reasonable notice of the day, time and place of an interview to be conducted in accordance with subsection (1) or (2) and, in the case of an interview with the Mayor, the notice shall inform the Mayor of the matters specified in subsection (4).
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(4)At an interview conducted in accordance with subsection (1) or (2), the Mayor shall be entitled to— (a) be legally represented, and (b) be accompanied by, and to consult with, such other persons as the Mayor considers appropriate, as agreed with the panel.
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(5)A panel may proceed in accordance with section 62 to make a preliminary recommendation or a final recommendation notwithstanding any failure by the Mayor or other person to attend all or any part of an interview convened under subsection (1) or (2).
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Recommendation of panel 62. (1) A panel shall, having had regard to the matters specified in subsection (2), make a preliminary recommendation in writing (in this Part referred to as a “preliminary recommendation”) setting out the following matters: (a) the opinion of the panel as to whether the requirements of this Part and the Principal Act (as modified by this Act), and any regulations made under this Part, have been complied with in relation to the passing of the removal resolution; (b) the opinion of the panel as to whether any of the grounds for removal specified in subsection (1) of section 56 exist; (c) a recommendation— (i) that a removal order be made by the Minister, or (ii) that a removal order not be made by the Minister; (d) in the case of a recommendation under subparagraph (i) of paragraph (c), the grounds for removal referred to in subsection (1) of section 56 upon which the recommendation is made; (e) such other recommendations (if any) as the panel considers appropriate in all the circumstances; (f) the reasons for the matters specified in paragraphs (a) to (e).
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(2)In making a preliminary recommendation, a panel shall have regard to— (a) the documentation specified in subparagraph (i) of paragraph (b) of subsection (6) of section 58 , (b) any statement of the Mayor delivered to it in accordance with section 60 , (c) any additional documentation and information provided to it under section 60 , and (d) the minutes of any interview held in accordance with section 61 .
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(3)Subject to subsection (5), the panel shall, not later than 21 days after its appointment, give notice of the preliminary recommendation (including the matters referred to in paragraphs (a) to (f) of subsection (1)) to the Mayor and the Príomh Chomhairleoir.
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(4)The Príomh Chomhairleoir shall, as soon as practicable after receipt of a notice under subsection (3), deliver a copy of the notice to the director general, who shall furnish a copy thereof to each member.
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(5)The Minister may, if he or she considers it is appropriate to do so, on the request of the panel made before the expiration of the period referred to in subsection (3), extend that period by such period as he or she considers necessary to enable the panel to carry out its functions.
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(6)A notice under subsection (3) shall include a statement that the Mayor, the Príomh Chomhairleoir, the director general or any member may, within 7 days of receipt of the notice (or copy thereof), provide observations to the panel on the preliminary recommendation.
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(7)The panel shall, not later than 14 days after giving notice under subsection (3), having considered any observations received in accordance with subsection (6), proceed to make a final recommendation in writing (in this Part referred to as a “final recommendation”) setting out the matters specified in paragraphs (a) to (f) of subsection (1).
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(8)A panel shall, as soon as practicable after making a final recommendation— (a) deliver the final recommendation to the Minister, and (b) deliver a copy of the final recommendation to— (i) the Mayor, and (ii) the Príomh Chomhairleoir.
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(9)The Príomh Chomhairleoir shall, as soon as practicable after receipt of a copy of a final recommendation, deliver a copy thereof to the director general, who shall furnish a copy thereof to each member.
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Order for removal of Mayor 63. (1) Subject to subsection (2) and this Part, the Minister may, by order (in this Part referred to as a “removal order”), remove the Mayor from office on either or both of the grounds specified in subsection (1) of section 56 .
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(2)The Minister shall not make a removal order unless— (a) a panel has made a final recommendation, which includes a recommendation referred to in subparagraph (i) of paragraph (c) of subsection (1) of section 62 , and (b) the Minister has considered and had regard to that recommendation of the panel.
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(3)A removal order shall specify— (a) the ground or grounds, specified in subsection (1) of section 56 , on which the order is made, and (b) the date on which the order is to take effect (which shall not be earlier than the day after the day on which the order is made).
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(4)Where the Minister proposes to make a removal order, a draft of the order shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving the draft has been passed by each such House.
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(5)Where the Minister decides, notwithstanding a recommendation referred to in subparagraph (i) of paragraph (c) of subsection (1) of section 62 , not to make an order under this section, he or she shall, without delay, give notice to the Mayor and the Príomh Chomhairleoir of that fact.
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(6)The Príomh Chomhairleoir shall, as soon as practicable after receipt of a notice of a decision of the Minister referred to in subsection (5), deliver a copy of the notice to the director general, who shall furnish a copy thereof to each member.
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Regulations 64. The Minister may prescribe any matter of procedure for the purposes of this Part.
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PART 8
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Miscellaneous provisions Amendment of Affordable Housing Act 2021 65. The Affordable Housing Act 2021 is amended, in section 10— (a) in subsection (3), by the substitution of “the previous purchase or building of the dwelling concerned, or the previous purchase or building of any other dwelling in the State,” for “the previous purchase or building of the dwelling concerned”, and (b) in subsection (5), by the substitution of “the previous purchase or building of the dwelling concerned, or the previous purchase or building of any other dwelling in the State,” for “the previous purchase or building of the dwelling concerned”.
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Amendment of section 10 of Housing Finance Agency Act 1981 66.
\n
Section 10
\n
of the Housing Finance Agency Act 1981 is amended— (a) in subsection (1), by the substitution of “consent of the Minister, the Minister for Finance and the Minister for Public Expenditure, National Development Plan Delivery and Reform” for “consent of the Minister and the Minister for Finance”, and (b) in subsection (3), by the substitution of “€12,000,000,000” for “€10,000,000,000”.
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Amendment of section 42B of National Treasury Management Agency (Amendment) Act 2014 67. Section 42B of the National Treasury Management Agency (Amendment) Act 2014 is amended— (a) in subsection (1)— (i) by the substitution of “the Land Development Agency Act 2021 , and with the consent of the Minister for Public Expenditure, National Development Plan Delivery and Reform,” for “the Land Development Agency Act 2021 ,”, (ii) in paragraph (c), by the substitution of “under paragraph (a),” for “under paragraph (a), or”, (iii) in paragraph (d), by the substitution of “ Land Development Agency Act 2021 , or” for “ Land Development Agency Act 2021 .”, and (iv) by the insertion of the following paragraph after paragraph (d): “(e) pay money to the Land Development Agency or any subsidiary DAC from the proceeds of the disposal of a directed investment for the purposes of discharging the liability of the Minister in respect of the shares allotted and issued to the Minister for Housing, Local Government and Heritage and the Minister for Public Expenditure, National Development Plan Delivery and Reform under section 25 of the Land Development Agency Act 2021 .”, and (b) by the insertion of the following subsection after subsection (3): “(3A) The total amount paid under subsection (1)(e) shall not at any time exceed €1,250,000,000.”.
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Miscellaneous amendments to Principal Act 68. The Principal Act is amended— (a) in section 128A, by the substitution, in the definition of “chief officer”, of “section 128D(1)(b)” for “section 128E(1)”, (b) in section 160(1)— (i) in paragraph (b), by the substitution of “shall consult with the Public Appointments Service” for “shall consult with the Commission for Public Service Appointments”, and (ii) by the insertion of the following paragraphs after paragraph (b): “(ba) Where a Minister has, prior to the commencement of section 68 of the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024, declared qualifications under this section, such a declaration shall not be affected by reason only that he or she did not, prior to the making of that declaration, consult with the Commission for Public Service Appointments. (bb) Paragraph (ba) shall not apply to proceedings challenging a declaration under this section that were initiated prior to the commencement of section 68 of the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024.”, (c) in section 173, by the substitution, in subsection (1), of “chief executive of” for “manager for”, and (d) in section 178— (i) in subsection (1), by the substitution of “chief executive of” for “manager for”, (ii) in subsection (2), by the substitution of “The chief executive” for “The manager”, (iii) in subsection (4), by the substitution of “the chief executive” for “the manager”, and (iv) in subsection (5), by the substitution of “The chief executive” for “The manager”.
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Amendment of Land Development Agency Act 2021 69. The Land Development Agency Act 2021 is amended by the insertion of the following section after section 32: “Further provision relating to funding of Agency 32A. (1) Notwithstanding sections 25 to 29, section 42B of the National Treasury Management Agency (Amendment) Act 2014 and section 5 of the Housing Finance Agency Act 1981 , the Agency and any subsidiary DAC may from time to time also raise funds— (a) by its or their performance of the functions of the Agency under paragraph (j), (n) or (o) of section 14(1), or (b) through arrangements referred to in section 6
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(2)(c) or 42 of the Affordable Housing Act 2021 or as the owner of a dwelling which is designated as a cost rental dwelling within the meaning of Part 3 of that Act.
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(2)Funds referred to in subsection (1)— (a) shall not exceed an amount of €1,250,000,000, (b) shall only be raised with the approval of both the Minister and the Minister for Public Expenditure, National Development Plan Delivery and Reform, and (c) may be used by the Agency and any subsidiary DAC in the performance of the functions of the Agency.
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(3)Without prejudice to the generality of subsection (2), funds referred to in subsection (1)(a)— (a) may be raised in any currency, and (b) shall in respect of any liabilities arising be the responsibility of the Agency to satisfy.”.
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SCHEDULE 1 Sections 10 , 23 and 26
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PART 1
\n
Enactments for Purposes of Sections 10 and 23 Number and Year
\n
(1)Short Title
\n
(2)Provision
\n
(3)No. 37 of 2001 Local Government Act 2001 Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33, 34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b), 141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8), 178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and 220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10, 13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule 14.
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PART 2
\n
Enactments for Purposes of Sections 10 and 26 Acts Number and Year
\n
(1)Short Title
\n
(2)Provision
\n
(3)1 & 2 Vict., c. 56 Poor Relief (Ireland) Act 1838
\n
Section 73.
\n
38 & 39 Vict., c. 17 Explosives Act 1875 The whole Act.
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41 & 42 Vict., c. 52 Public Health (Ireland) Act 1878 Sections 178, 180, 185, 186, 187, 189, 190, 191 and 196.
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No. 34 of 1926 Local Authorities (Mutual Assurance) Act 1926
\n
Section 3.
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No. 39 of 1926 Local Authorities (Officers and Employees) Act 1926 Sections 5 and 6.
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No. 23 of 1941 Local Government Act 1941 Sections 60, 61 and 62.
\n
No. 3 of 1948 Local Government (Sanitary Services) Act 1948 Sections 45 and 46.
\n
No. 17 of 1949 Local Authorities (Works) Act 1949 The whole Act.
\n
No. 30 of 1953 Intoxicating Liquor Act 1953
\n
Section 6.
\n
No. 37 of 1954 National Monuments (Amendment) Act 1954
\n
Section 17.
\n
No. 18 of 1960 Intoxicating Liquor Act 1960
\n
Section 41.
\n
No. 9 of 1962 Coroners Act 1962 The whole Act.
\n
No. 29 of 1964 Local Government (Sanitary Services) Act 1964 The whole Act.
\n
No. 21 of 1966 Housing Act 1966 Sections 4, 34, 35, 49, 58, 61, 64, 65, 66, 67, 69, 71, 76, 77, 78, 79, 80, 81, 82, 83, 90, 91, 98, 107, 112, 116 and 117.
\n
No. 10 of 1972 Dangerous Substances Act 1972 The whole Act.
\n
No. 8 of 1974 Local Elections (Petitions and Disqualifications) Act 1974 The whole Act.
\n
No. 14 of 1975 Local Authorities (Traffic Wardens) Act 1975 The whole Act.
\n
No. 39 of 1976 Wildlife Act 1976 The whole Act.
\n
No. 1 of 1977 Local Government (Water Pollution) Act 1977
\n
Section 28.
\n
No. 27 of 1979 Housing (Miscellaneous Provisions) Act 1979 Sections 6 and 11.
\n
No. 8 of 1980 Local Government (Superannuation) Act 1980
\n
Section 2.
\n
No. 30 of 1981 Fire Services Act 1981 The whole Act.
\n
No. 21 of 1983 Local Government (Financial Provisions) (No. 2) Act 1983 Sections 2, 3, 5, 6 and 7.
\n
No. 32 of 1986 Control of Dogs Act 1986 The whole Act.
\n
No. 6 of 1987 Air Pollution Act 1987 Sections 7, 12A, 12B, 12C, 13, 14(3), 16, 17, 18, 22, 26, 27, 28, 28A, 32, 33, 34, 35, 36, 37, 38, 41, 42, 43, 44, 45, 51(4), 54 and 57.
\n
No. 8 of 1988 Abattoirs Act 1988 The whole Act.
\n
No. 28 of 1988 Housing Act 1988 Sections 2, 4, 10, 13, 16, 17, 18 and 29.
\n
No. 29 of 1988 Local Government (Multi-Storey Buildings) Act 1988 The whole Act.
\n
No. 3 of 1990 Building Control Act 1990 The whole Act.
\n
No. 14 of 1990 Derelict Sites Act 1990 The whole Act.
\n
No. 11 of 1991 Local Government Act 1991
\n
Section 28(6).
\n
No. 7 of 1992 Environmental Protection Agency Act 1992 The whole Act.
\n
No. 18 of 1992 Housing (Miscellaneous Provisions) Act 1992 Sections 4, 5, 10, 11, 12, 18A, 18B, 34 and 37.
\n
No. 23 of 1992 Electoral Act 1992 The whole Act.
\n
No. 28 of 1992 Finance (No. 2) Act 1992 Sections 20A, 20B and 21.
\n
No. 13 of 1993 Finance Act 1993 Sections 59, 60 and 61.
\n
No. 14 of 1993 Roads Act 1993 Sections 13(10), 46, 69, 70, 71, 73, 74(5), 75(3), 76(6), (12), (14), (15) and (16).
\n
No. 28 of 1993 Presidential Elections Act 1993 The whole Act.
\n
No. 12 of 1994 Referendum Act 1994 The whole Act.
\n
No. 10 of 1996 Waste Management Act 1996 The whole Act.
\n
No. 37 of 1996 Control of Horses Act 1996 The whole Act.
\n
No. 2 of 1997 European Parliament Elections Act 1997 The whole Act.
\n
No. 12 of 1997 Litter Pollution Act 1997 The whole Act.
\n
No. 21 of 1997 Housing (Miscellaneous Provisions) Act 1997 Sections 3, 3A, 6(2), 9, 14, 14A, 15 and 20.
\n
No. 25 of 1997 Electoral Act 1997 The whole Act.
\n
No. 29 of 1997 Local Government (Financial Provisions) Act 1997
\n
Section 14(5).
\n
No. 31 of 1997 Prompt Payment of Accounts Act 1997 The whole Act.
\n
No. 16 of 1998 Local Government Act 1998 Sections 5, 6(2), 7 and 12.
\n
No. 29 of 1998 Food Safety Authority of Ireland Act 1998 The whole Act.
\n
No. 33 of 1998 Housing (Traveller Accommodation) Act 1998
\n
Section 25.
\n
No. 7 of 1999 Local Elections (Disclosure of Donations and Expenditure) Act 1999 The whole Act.
\n
No. 30 of 2000 Planning and Development Act 2000 Sections 5, 7, 8, 18(3), 22, 31I(3), 31AI(4), 31AW(2), 57, 59, 60, 61, 69, 70, 71 to 79, 82, 83, 87, 88, 89, 90, 96, 96B, 97, 101, 147, 148, 170, 178, 178A, 179A, 180, 182, 206, 208, 209, 216, 217, 217B, 219, 247, 248, 249, 252, 254, 261 and 261A; Part III; Chapters III and IV of Part VI; Parts VIII, X, XA, XII, XVI, XVII and XXI.
\n
No. 38 of 2000 Wildlife (Amendment) Act 2000 The whole Act, other than Part VA.
\n
No. 37 of 2001 Local Government Act 2001 Sections 11(8), 28, 46, 52(5)(d) and (9), 81, 86, 97, 98, 99, 104, 107, 108, 109(5) and (6), 110(6), (9) and (10), 112, 120, 121, 122, 126D(7), 126E(1), 128A, 128D, 128E(2), 129I(5), 129M, 129N, 129O, 129P, 129Q, 129R, 129T, 132, 138, 140, 144(3)(a) and (8), 145, 146, 147, 148, 149, 149A, 151, 152, 153, 158, 160(3) and (4), 166, 167(1)(c), 173(1), 174(8), 178(1), (2), (4) and (5), 179, 180(4)(b) and (c), 211B, 211C, 211D, 211E and 211F, 214(3), (4) and (5), 229; paragraphs 13(6) and 15(4) of Schedule 10.
\n
No. 32 of 2003 Official Languages Act 2003 Section 4B(a).
\n
No. 27 of 2004 Residential Tenancies Act 2004 The whole Act.
\n
No. 11 of 2005 Maritime Safety Act 2005
\n
Section 17.
\n
No. 26 of 2005 Social Welfare Consolidation Act 2005 Sections 261(2), 269, 290A(5); Part 12.
\n
No. 33 of 2006 Electoral (Amendment) Act 2006 The whole Act.
\n
No. 30 of 2007 Water Services Act 2007 The whole Act.
\n
No. 22 of 2009 Housing (Miscellaneous Provisions) Act 2009 Sections 10, 20, 22, 24, 25, 28, 29, 31, 32, 34, 43, 45, 46, 47, 48, 56, 60, 61, 64, 74, 75, 76, 98 and 99.
\n
No. 29 of 2010 Dog Breeding Establishments Act 2010 The whole Act.
\n
No. 29 of 2011 Welfare of Greyhounds Act 2011 Sections 17, 26 and 27.
\n
No. 15 of 2013 Animal Health and Welfare Act 2013 The whole Act.
\n
No. 4 of 2014 County Enterprise Boards (Dissolution) Act 2014
\n
Section 6(3).
\n
No. 14 of 2014 Protected Disclosures Act 2014 The whole Act.
\n
No. 21 of 2014 Housing (Miscellaneous Provisions) Act 2014 Sections 7, 8, 9, 10, 12, 13, 14, 15, 16, 17, 22, 23, 24, 25, 26, 27, 28, 29, 53 and 55; Part 4.
\n
No. 30 of 2014 Freedom of Information Act 2014 The whole Act.
\n
No. 43 of 2014 Merchant Shipping (Registration of Ships) Act 2014 Sections 42 and 63.
\n
No. 33 of 2015 Urban Regeneration and Housing Act 2015
\n
Part 2.
\n
No. 24 of 2019 Local Government Rates and Other Matters Act 2019 Sections 4, 5, 7, 8, 9, 10, 12, 13 and 16.
\n
No. 25 of 2021 Affordable Housing Act 2021 The whole Act.
\n
No. 28 of 2022 Remediation of Dwellings Damaged by the use of Defective Concrete Blocks Act 2022 The whole Act.
\n
No. 48 of 2022 Water Environment (Abstractions and Associated Impoundments) Act 2022 Sections 90, 91, 97, 101 and 108.
\n
No. 17 of 2023 Civil Defence Act 2023 Sections 4, 5, 6, 7 and 9.
\n
No. 26 of 2023 Historic and Archaeological Heritage and Miscellaneous Provisions Act 2023 Sections 87, 88 and 223; Parts 7 and 10.
\n
No. 1 of 2024 Policing, Security and Community Safety Act 2024 Sections 117 and 118(4).
\n
Statutory Instruments Number and Year
\n
(1)Title
\n
(2)Provision
\n
(3)S.I. No. 15 of 1958 Road Vehicles (Registration and Licensing) Order 1958 The whole instrument.
\n
S.I. No. 266 of 1988 Air Pollution Act 1987 (Licensing of Industrial Plant) Regulations 1988 The whole instrument.
\n
S.I. No. 385 of 1992 Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 The whole instrument.
\n
S.I. No. 409 of 1992 Road Vehicles (Registration and Licensing) (Amendment) (No. 2) Regulations 1992 The whole instrument.
\n
S.I. No. 179 of 1994 Environmental Protection Agency Act 1992 (Noise) Regulations 1994 The whole instrument.
\n
S.I. No. 297 of 1995 Local Elections Regulations 1995 The whole instrument.
\n
S.I. No. 171 of 1997 Control of Horses Regulations 1997 The whole instrument.
\n
S.I. No. 374 of 1997 Environmental Protection Agency Act 1992 (Control of volatile organic compound emissions resulting from petrol storage and distribution) Regulations 1997 Regulations 25 and 26.
\n
S.I. No. 375 of 1997 Air Pollution Act 1987 (Petroleum Vapour Emissions) Regulations 1997 The whole instrument.
\n
S.I. No. 496 of 1997 Building Control Regulations 1997 The whole instrument.
\n
S.I. No. 455 of 1998 Local Government (Superannuation) (Consolidation) Scheme 1998 The whole instrument.
\n
S.I. No. 341 of 2001 Waste Management (Farm Plastics) Regulations 2001 The whole instrument.
\n
S.I. No. 590 of 2001 Local Government Act 2001 (Supplementary Provisions) Regulations 2001 The whole instrument.
\n
S.I. No. 600 of 2001 Planning and Development Regulations 2001 Articles 6, 10, 81A, 82A, 83A and 202; Parts 4, 7, 10, 11, 12, 13, 16, 19, 20, 21 and 22.
\n
S.I. No. 66 of 2002 Local Government Act 2001 (Meetings) Regulations 2002 The whole instrument.
\n
S.I. No. 281 of 2002 Local Authority Members (Gratuity) Regulations 2002 The whole instrument.
\n
S.I. No. 362 of 2006 Local Government Act 2001 (Bye-Laws) Regulations 2006 The whole instrument.
\n
S.I. No. 166 of 2007 Local Government (Business Improvement Districts Ratepayer Plebiscite) Regulations 2007 Regulation 4.
\n
S.I. No. 684 of 2007 Waste Water Discharge (Authorisation) Regulations 2007 Regulations 34, 41, 42, 43 and 44.
\n
S.I. No. 804 of 2007 Stores for Explosives Order 2007 The whole instrument.
\n
S.I. No. 79 of 2008 Bathing Water Quality Regulations 2008 The whole instrument.
\n
S.I. No. 58 of 2009 Arsenic, Cadmium, Mercury, Nickel and Polycyclic Aromatic Hydrocarbons in Ambient Air Regulations 2009 The whole instrument.
\n
S.I. No. 272 of 2009 European Communities Environmental Objectives (Surface Waters) Regulations 2009 The whole instrument.
\n
S.I. No. 296 of 2009 European Communities Environmental Objectives (Freshwater Pearl Mussel) Regulations 2009 The whole instrument.
\n
S.I. No. 9 of 2010 European Communities Environmental Objectives (Groundwater) Regulations 2010 The whole instrument.
\n
S.I. No. 84 of 2011 Social Housing Assessment Regulations 2011 The whole instrument.
\n
S.I. No. 155 of 2011 European Communities Act 1972 (Environmental Specifications for Petrol, Diesel Fuels and Gas Oils for use by non-road mobile machinery, including inland waterway vessels, agricultural and forestry tractors, and recreational craft) Regulations 2011 The whole instrument.
\n
S.I. No. 477 of 2011 European Communities (Birds and Natural Habitats) Regulations 2011 The whole instrument.
\n
S.I. No. 687 of 2011 European Union (Stage II Petrol Vapour Recovery during Refuelling of Motor Vehicles at Service Stations) Regulations 2011 The whole instrument.
\n
S.I. No. 243 of 2012 European Union (Energy Performance of Buildings) Regulations 2012 The whole instrument.
\n
S.I. No. 564 of 2012 European Union (Paints, Varnishes, Vehicle Refinishing Products and Activities) Regulations 2012 The whole instrument.
\n
S.I. No. 565 of 2012 European Union (Installations and Activities Using Organic Solvents) Regulations 2012 The whole instrument.
\n
S.I. No. 580 of 2012 European Communities (Late Payment in Commercial Transactions) Regulations 2012 The whole instrument.
\n
S.I. No. 225 of 2013 European Union (Construction Products) Regulations 2013 The whole instrument.
\n
S.I. No. 149 of 2014 European Union (Waste Electrical and Electronic Equipment) Regulations 2014 The whole instrument, other than Regulations 20(1) and (4) and 44.
\n
S.I. No. 226 of 2014 Local Government (Financial and Audit Procedures) Regulations 2014 Articles 8 to 12; Part 3.
\n
S.I. No. 231 of 2014 Local Government (Performance of Reserved Functions in Respect of Municipal District Members) Regulations 2014 The whole instrument.
\n
S.I. No. 281 of 2014 European Union (End-of-Life Vehicles) Regulations 2014 The whole instrument.
\n
S.I. No. 282 of 2014 European Union (Packaging) Regulations 2014 The whole instrument.
\n
S.I. No. 283 of 2014 European Union (Batteries and Accumulators) Regulations 2014 The whole instrument.
\n
S.I. No. 573 of 2014 Local Government Act 1991 (Regional Assemblies) (Establishment) Order 2014 Articles 23 and 54(1).
\n
S.I. No. 430 of 2015 European Union (Household Food Waste and Bio-waste) Regulations 2015 The whole instrument.
\n
S.I. No. 297 of 2016 European Union Habitats (Tory Hill Special Area of Conservation 000439) Regulations 2016 The whole instrument.
\n
S.I. No. 298 of 2016 European Union Habitats (Clare Glen Special Area of Conservation 000930) Regulations 2016 The whole instrument.
\n
S.I. No. 299 of 2016 European Union Habitats (Glen Bog Special Area of Conservation 001430) Regulations 2016 The whole instrument.
\n
S.I. No. 221 of 2017 European Union Habitats (Carrigeenamronety Hill Special Area of Conservation 002037) Regulations 2017 The whole instrument.
\n
S.I. No. 400 of 2017 Waste Management (Tyres and Waste Tyres) Regulations 2017 The whole instrument.
\n
S.I. No. 617 of 2017 European Union Habitats (Askeaton Fen Complex Special Area of Conservation 002279) Regulations 2017 The whole instrument.
\n
S.I. No. 25 of 2018 Housing (Rebuilding Ireland Home Loans) Regulations 2018 The whole instrument.
\n
S.I. No. 354 of 2018 European Union (Invasive Alien Species) (Freshwater Crayfish) Regulations 2018 The whole instrument.
\n
S.I. No. 419 of 2018 European Union Habitats (Glenstal Wood Special Area of Conservation 001432) Regulations 2018 The whole instrument.
\n
S.I. No. 533 of 2018 European Union (Mercury) Regulations 2018 The whole instrument.
\n
S.I. No. 209 of 2019 European Union Habitats (Curraghchase Woods Special Area of Conservation 000174) Regulations 2019 The whole instrument.
\n
S.I. No. 329 of 2019 European Union Conservation of Wild Birds (River Shannon and River Fergus Estuaries Special Protection Area 004077) Regulations 2019 The whole instrument.
\n
S.I. No. 630 of 2019 Dangerous Substances (Flammable Liquids and Fuels Retail Stores) Regulations 2019 The whole instrument.
\n
S.I. No. 631 of 2019 Dangerous Substances (Flammable Liquids and Fuels Distribution and Commercial Supply Stores) Regulations 2019 The whole instrument.
\n
S.I. No. 683 of 2019 Control of Dogs (Dog Licensing Database) Regulations 2019 The whole instrument.
\n
S.I. No. 22 of 2020 European Union (Food and Feed Hygiene) Regulations 2020 The whole instrument.
\n
S.I. No. 116 of 2020 European Union Habitats (Galtee Mountains Special Area of Conservation 000646) Regulations 2020 The whole instrument.
\n
S.I. No. 146 of 2020 European Union (Persistent Organic Pollutants) Regulations 2020 The whole instrument.
\n
S.I. No. 367 of 2020 Protected Disclosures Act 2014 (Disclosure to Prescribed Persons) Order 2020 The whole instrument.
\n
S.I. No. 312 of 2021 Local Government (Remuneration of Local Authority Members) Regulations 2021 The whole instrument.
\n
S.I. No. 313 of 2021 Local Government (Expenses of Local Authority Members) Regulations 2021 The whole instrument.
\n
S.I. No. 344 of 2021 European Union Habitats (Ballyhoura Mountains Special Area of Conservation 002036) Regulations 2021 The whole instrument.
\n
S.I. No. 425 of 2021 Affordable Housing Act 2021 (Cost Rental Designation) Regulations 2021 The whole instrument.
\n
S.I. No. 701 of 2021 Housing Loans Regulations 2021 The whole instrument.
\n
S.I. No. 755 of 2021 Affordable Housing Act 2021 (Cost Rental Letting and Eligibility) Regulations 2021 The whole instrument.
\n
S.I. No. 756 of 2021 Affordable Housing Act 2021 (Cost Rental Rent Setting) Regulations 2021 The whole instrument.
\n
S.I. No. 113 of 2022 European Union (Good Agricultural Practice for Protection of Waters) Regulations 2022 Regulations 17, 26, 27 and 30.
\n
S.I. No. 519 of 2022 Housing (Domestic Lead Remediation Grant) Regulations 2022 The whole instrument.
\n
S.I. No. 529 of 2022 Air Pollution Act 1987 (Solid Fuels) Regulations 2022 Regulations 12 and 13.
\n
S.I. No. 561 of 2022 European Union Habitats (Barrigone Special Area of Conservation 000432) Regulations 2022 The whole instrument.
\n
S.I. No. 21 of 2023 Affordable Housing (No. 2) Regulations 2023 The whole instrument.
\n
S.I. No. 99 of 2023 European Union (Drinking Water) Regulations 2023 Regulations 13, 14, 15, 17, 22, 24, 25, 29 and 30.
\n
S.I. No. 328 of 2023 European Union Habitats (Lower River Shannon Special Area of Conservation 002165) Regulations 2023 The whole instrument.
\n
S.I. No. 347 of 2023 Remediation of Dwellings Damaged by the Use of Defective Concrete Blocks Regulations 2023 The whole instrument.
\n
S.I. No. 404 of 2023 Local Government Act 2001 (Section 142) (Allowance for Maternity Related Administrative Support) Regulations 2023 The whole instrument.
\n
S.I. No. 449 of 2023 Local Government Act 2001 (Section 142) (Security Allowance for Local Authority Members) Regulations 2023 The whole instrument.
\n
S.I. No. 562 of 2023 Housing (Domestic Waste Water Treatment Systems Grant under the National Inspection Plan) Regulations 2023 The whole instrument.
\n
S.I. No. 563 of 2023 Housing (Domestic Waste Water Treatment Systems Grant for Prioritised Areas for Action) Regulations 2023 The whole instrument.
\n
S.I. No. 564 of 2023 Housing (Domestic Waste Water Treatment Systems Grant for High Status Objective Catchment Areas) Regulations 2023 The whole instrument.
\n
S.I. No. 696 of 2023 Local Government Rates (Financial Procedures) Regulations 2023 The whole instrument.
\n
SCHEDULE 2
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PART 1
\n
Election of Mayor
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Chapter 1
\n
Preliminary and General Interpretation 1. (1) In this Part— “ballot paper” has the meaning assigned to it by paragraph 37; “certificate of political affiliation” has the meaning assigned to it by paragraph 18; “deposit” shall be construed in accordance with paragraph 19; “deputy mayoral election agent” shall be construed in accordance with paragraph 30; “elector” means a person entitled, in accordance with section 24 of the Principal Act, to vote at a local election; “excluded day” means a day that is a Sunday, Good Friday or a day that is a public holiday (within the meaning of the Organisation of Working Time Act 1997 ); “Limerick City and County Electoral Area” has the meaning assigned to it by paragraph 4; “local election” has the same meaning as it has in the Principal Act; “local electoral area” means an area referred to in section 23 of the Principal Act by reference to which a local election is held; “local government elector” means a person entitled, pursuant to section 24 of the Principal Act, to vote at a local election; “mayoral by-election” has the meaning assigned to it by section 13 ; “mayoral election” means an election held in accordance with this Part and includes a mayoral by-election held in accordance with this Part; “mayoral election agent” has the meaning assigned to it by Part X of the Electoral Act 1997 ; “notice of election” has the meaning assigned to it by paragraph 15; “notice of poll” has the meaning assigned to it by paragraph 36; “official mark” has the meaning assigned to it by paragraph 38; “personation” shall be construed in accordance with paragraph 60; “personation agent” has the meaning assigned to it by paragraph 31; “polling day” means— (a) in relation to the mayoral election first held after the passing of this Act, the day fixed under subparagraph (1) of paragraph 6 for the holding of the poll at that election, (b) in relation to all other mayoral elections (other than mayoral by-elections), the day fixed under subparagraph (2) of paragraph 6, for the holding of the poll, and (c) in relation to a mayoral by-election, the day fixed under subparagraph (3) of paragraph 6; “postal voter” has the meaning assigned to it by paragraph 34; “postal voters list” means each list prepared in accordance with section 14 of the Act of 1992 of local government electors for a local electoral area situated in the Limerick City and County Electoral Area; “quota” has the meaning assigned to it by paragraph 51; “register of electors” has the meaning assigned to it by paragraph 5;
\n
“register of political parties” means the Register of Political Parties prepared and maintained under section 42 of the Act of 2022; “returning officer” has the meaning assigned to it by paragraph 9 and includes a deputy returning officer appointed under paragraph 11 in respect of functions for which he or she was so appointed; “special voter” has the meaning assigned to it by paragraph 35; “special voters list” has the same meaning as it has in section 2 of the Act of 1992.
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(2)The provisions of the Local Elections Regulations referred to in paragraphs 34, 35, 39 and 41 shall apply to a mayoral election subject to the following modifications and any other necessary modifications: (a) a reference in those Regulations to a local election or an election shall be construed as a reference to a mayoral election; (b) a reference in those Regulations to a local electoral area shall be construed as a reference to the Limerick City and County Electoral Area; (c) a reference in article 31 of those Regulations to Part XV shall be construed as a reference to Chapter 14; (d) a reference in article 32 of those Regulations to article 26 shall be construed as a reference to paragraphs 30 and 31; (e) a reference in article 40 of those Regulations to article 76 shall be construed as a reference to paragraph 44; (f) a reference in article 63 of those Regulations to— (i) article 10 shall be construed as a reference to paragraph 14, (ii) article 29 shall be construed as a reference to paragraph 34, and (iii) article 43 shall be construed as a reference to paragraph 35; (g) a reference in article 70 of those Regulations to— (i) article 24 shall be construed as a reference to paragraph 28, (ii) article 28 shall be construed as a reference to paragraph 33, and (iii) section 21 of the Act of 1994 shall be construed as a reference to paragraph 6; (h) article 72(2) of those Regulations shall be construed as if “separately in respect of each poll” was deleted; (i) the reference in article 73(2)(a) and article 73(3) of those Regulations to “register of local government electors for the local electoral area” shall be construed as a reference to “register of electors”; (j) a reference to a provision of those Regulations shall be construed as a reference to that provision as applied by this Part.
\n
Forms 2. A document— (a) referred to in this Part or an enactment applied to a mayoral election in accordance with this Part, and (b) required to be used for the purposes of a mayoral election, shall, save as otherwise provided for in this Part and subject to any necessary modifications, be in the same form as a document corresponding to the first mentioned document that is required for the purposes of an election to Dáil Éireann.
\n
Eligibility for office of Mayor 3. Subject to sections 13 and 13A of the Principal Act, a person is eligible for election to the office of Mayor if he or she is a citizen of Ireland, or is ordinarily resident in the State, and has attained the age of 18 years— (a) on or before polling day at the election, or (b) if there is no poll, the latest day for receiving nominations at the election.
\n
Limerick City and County Electoral Area 4. For the purposes of a mayoral election, there shall be one electoral area (in this Part referred to as the “Limerick City and County Electoral Area”) which shall consist of the local electoral areas situated in Limerick City and County.
\n
Right to vote at mayoral elections 5. (1) For the purposes of a mayoral election and subject to the provisions of this Part, every person whose name is on the register (in this Part referred to as the “register of electors”) of local government electors prepared under Part II of the Act of 1992 for a local electoral area situated within the Limerick City and County Electoral Area is entitled to vote at the poll at a mayoral election in that electoral area.
\n
(2)A person’s name shall be taken to be on the register of electors if the name entered was, in the opinion of the returning officer or presiding officer, intended to be the person’s name.
\n
(3)A person who votes at a mayoral election shall not in any subsequent legal proceedings (civil or criminal) be required to state for whom he or she voted.
\n
(4)A person who— (a) is registered in the register of electors for a local electoral area but is not entitled to be so registered, or (b) is not registered in the register of electors, shall not be entitled to vote at the poll at a mayoral election.
\n
Day and time of mayoral election and mayoral by-election 6. (1) (a) The Minister may fix a day for the holding of a poll at a mayoral election first held after the passing of this Act. (b) The poll at a mayoral election first held after the passing of this Act shall be held— (i) on the day fixed under clause (a), or (ii) where an order is made in respect of that mayoral election under subparagraph (4), on the day fixed under that order, and shall continue for such period (which shall not be less than 12 hours) between the hours of 7.00 a.m. and 10.30 p.m. on that day.
\n
(2)(a) As soon as practicable after the Minister makes an order under subsection (2) of section 26 of the Principal Act fixing a day and period for the holding of polls at local elections, he or she shall make an order fixing that day and period for the holding of a poll at a mayoral election. (b) Subject to subparagraph (4), the poll at a mayoral election (other than a mayoral election to which subparagraph (1) applies or a mayoral by election) shall be held— (i) on the day and for the period fixed under clause (a), or (ii) where an order is made in respect of the mayoral by-election under subparagraph (4), on the day and for the period fixed under that order.
\n
(3)(a) The Minister may fix a day for the holding of a poll at a mayoral by-election. (b) The poll at a mayoral by-election shall be held— (i) on the day fixed under clause (a), or (ii) where an order is made in respect of the mayoral by-election under subparagraph (4), on the day fixed under that order, and shall continue for such period (which shall not be less than 12 hours) between the hours of 7.00 a.m. and 10.30 p.m. on that day.
\n
(4)Where the Minister is informed by the returning officer of a postponement under paragraph 28, he or she may— (a) in the case of a mayoral election to which subparagraph (1) applies or a mayoral by-election to which subparagraph (3) applies, make an order fixing a day for the holding of a poll at the mayoral election or mayoral by-election concerned other than the day fixed under subparagraph (1) or (3), as the case may be, and (b) in the case of a mayoral election to which subparagraph (2) applies, make an order fixing a day and period for the holding of a poll at the mayoral election concerned other than the day fixed under subparagraph (2).
\n
(5)An order under this paragraph shall be published in Iris Oifigiúil as soon as may be after it is made.
\n
Advance polling 7. (1) Notwithstanding paragraph 6, the Minister may, in the public interest and where it is necessary to do so having regard to the immediate, exceptional and serious risk posed to human life and public health by a pandemic or by Covid-19 and with the consent of the Commission, make an order providing that, in addition to the poll provided for under paragraph 6— (a) an advance poll at a mayoral election may be taken on the day before the day appointed by the Minister under paragraph 6, and (b) a poll referred to in clause (a) shall continue for such period, not being less than 12 hours, between the hours of 7.00 a.m. and 10.30 p.m.
\n
(2)An order under this paragraph shall be published in Iris Oifigiúil as soon as may be after it is made.
\n
(3)The returning officer for the mayoral election to which an order under subparagraph (1) applies shall give public notice of the day on which, and the hours during which, the advance poll provided for by that order shall be taken.
\n
(4)In this paragraph— “Covid-19” means a disease caused by infection with the virus SARS-CoV-2 and specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 (S.I. No. 390 of 1981) or any variant of the disease so specified as an infectious disease in those Regulations; “pandemic” means an outbreak of disease— (a) occurring worldwide or over a very wide area, crossing international boundaries and affecting a large number of people, and (b) which has been declared by the World Health Organisation to be a pandemic.
\n
Conduct of election 8. (1) (a) If a mayoral election is contested, the poll shall be taken according to the system of proportional representation, whereby each elector shall have one transferable vote. (b) In this subparagraph, “transferable vote” means a vote that is capable of being— (i) cast so as to indicate the voter’s preference for the candidates in order, and (ii) transferred to the next choice candidate when, owing to the deficiency in the number of the votes given for a prior choice candidate, the said prior choice candidate is excluded from the list of candidates.
\n
(2)A mayoral election shall not be invalid by reason of— (a) a failure to comply with any provision of this Part, or (b) a mistake in the use of any form provided for by this Part, if it appears to the court before which such matter is raised that— (i) the election was conducted in accordance with the principles laid down in this Part taken as a whole, and (ii) the failure or mistake did not materially affect the result of the election.
\n
Chapter 2
\n
Returning Officer Returning officer 9. (1) The director general shall appoint such employee of Limerick City and County Council as the director general considers appropriate to be the returning officer (in this Part referred to as the “returning officer”) for the Limerick City and County Electoral Area for the purposes of a mayoral election.
\n
(2)Where a person appointed under this paragraph to be the returning officer is, for whatever reason, unable to perform the functions of returning officer, the director general shall appoint such other employee of Limerick City and County Council as the director general considers appropriate to perform the functions of returning officer, and the performance of those functions by such person shall be deemed to be the performance of those functions by the returning officer.
\n
General duty of returning officer 10. It shall be the duty of the returning officer for a mayoral election to— (a) do all such acts and things as may be necessary for the effectual conduct of an election in accordance with this Part, (b) ascertain and declare the results of that election, and (c) give to the director general a return of the person elected as Mayor made under subparagraph (1) of paragraph 55.
\n
Deputy returning officers 11. (1) The returning officer for a mayoral election may, in writing, appoint one, or more than one, person to be deputy returning officer or deputy returning officers for the purposes of this Part and may delegate to any deputy returning officer so appointed such of the functions of the returning officer as may be specified in the appointment.
\n
(2)The returning officer may at any time revoke the appointment of a deputy returning officer appointed under subparagraph (1).
\n
(3)A deputy returning officer at a mayoral election shall have all the rights and be subject to all the duties and liabilities of the returning officer in relation to the functions for which he or she is appointed.
\n
Expenses of returning officer 12. (1) (a) The director general shall prepare a scale of maximum charges for the returning officer in respect of every mayoral election. (b) Limerick City and County Council shall pay to the returning officer the reasonable charges incurred by the returning officer in respect of his or her services and expenses in relation to a mayoral election. (c) The charges paid by Limerick City and County Council in accordance with this subparagraph shall not exceed the maximum charges specified in the scale prepared under clause (a).
\n
(2)(a) Limerick City and County Council shall, in respect of services and expenses other than services and expenses to which the scale of maximum charges prepared under clause (a) of subparagraph (1) applies, recoup to (or, where appropriate, pay on behalf of) the returning officer the officer’s reasonable charges in relation to a mayoral election. (b) In this subparagraph, “expenses” includes— (i) expenses incurred by a returning officer in respect of legal representation in proceedings before a court arising out of the performance or purported performance by the returning officer of his or her functions in respect of the mayoral election concerned (other than the trial of a petition presented to the High Court), and (ii) damages and costs payable by the returning officer in accordance with an order of a court in respect of such proceedings, except where the court is satisfied that the returning officer has been grossly negligent in the discharge of his or her duties.
\n
(3)An account of charges sought to be paid in accordance with subparagraphs (1) and (2) shall be submitted by the returning officer to Limerick City and County Council at such time and in such manner as the director general may from time to time direct.
\n
(4)The returning officer may request Limerick City and County Council to advance to him or her such sum or sums in respect of such charges as he or she anticipates are likely to be incurred by him or her in respect of the mayoral election concerned, and Limerick City and County Council may make such an advance on such terms as it deems fit.
\n
Mutual assistance 13. It shall be the duty of every person upon whom any function in relation to a mayoral election is conferred under this Part and of every person appointed or employed (otherwise than by any candidate or political party) for any purpose relating to the election, to furnish such information and render such other assistance to any other such person as that other person requires for the purposes of the election.
\n
Chapter 3
\n
Manner of voting Manner of voting 14. Subject to subparagraph (1) of paragraph 34 and subparagraph (1) of paragraph 35, a person who is entitled to vote at a mayoral election shall be entitled to vote in person only and at the polling station allotted to him or her or, in case that person is authorised by a returning officer under article 61 or 62 of the Local Elections Regulations (applied to a mayoral election by paragraph 41), at the polling station specified in the authorisation.
\n
Chapter 4
\n
Nominations Notice of election 15. The returning officer shall, not later than the 28th day before the polling day for a mayoral election, give public notice of the mayoral election (in this Part referred to as the “notice of election”) stating— (a) the times for receiving nominations, (b) the requirements of subparagraph (6) of paragraph 18, (c) the times and place at which nomination papers may be obtained, (d) the times and place at which the returning officer shall attend to receive the nominations, and (e) the day and the period fixed for the holding of the poll if the election is contested.
\n
Register of political parties 16. On the day (disregarding any excluded day) before the latest day for the publication of the notice of election, the Registrar of Political Parties shall send to the returning officer a copy of the Register of Political Parties.
\n
Necessity for nomination 17. A person shall not be entitled to have his or her name entered in a ballot paper as a candidate at a mayoral election unless that person has been nominated in the manner provided by this Part and the person’s nomination paper has been ruled as valid by the returning officer.
\n
Nomination of candidates 18. (1) At a mayoral election, a person may nominate himself or herself as a candidate or may, with his or her consent, be nominated by another person (whose name is entered on the register of electors) as proposer.
\n
(2)Each candidate shall be nominated by a separate nomination paper in such form as the Minister shall direct.
\n
(3)Each nomination paper shall state the names (the surname being stated first) and the address and occupation (if any) of the candidate.
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(4)(a) A candidate may include in the nomination paper the name of the political party registered in the register of political parties as a party organised to contest a mayoral election of which he or she is a candidate, provided that, at the time the nomination paper is delivered to the returning officer, a certificate (in this Part referred to as a “certificate of political affiliation”)— (i) in such form as the Minister shall direct, (ii) authenticating the candidature of the candidate, and (iii) signed by the officer or officers of such party whose name or names are entered in that register in accordance with paragraph (d) of section 47 of the Act of 2022, is produced to the returning officer. (b) Where a certificate of political affiliation is produced to the returning officer in accordance with clause (a), the returning officer shall, if he or she considers it appropriate to so do, cause— (i) a statement of the name of the political party concerned and a copy of that political party’s emblem as entered in the register of political parties in accordance with paragraphs (a) and (b) of section 47 of the Act of 2022 to be specified in relation to the candidate on all the ballot papers, and (ii) a statement of the name of that political party to be specified in relation to the candidate on all notices under this Part.
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(5)If a candidate is not a candidate of a political party registered in the register of political parties as a party organised to contest a mayoral election, the candidate shall be entitled to enter the expression “Non-Party” on the nomination paper after his or her name and, if the candidate does so, the returning officer shall cause a statement of that expression to be specified in relation to the candidate on all ballot papers and all notices under this Part in relation to the mayoral election.
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(6)If a candidate’s candidature is not authenticated by a certificate of political affiliation, then either— (a) the candidate’s nomination shall, before the expiration of the period for receiving nominations under paragraph 21, have been assented to by 60 electors (excluding the candidate and any proposer of the candidate) in the Limerick City and County Electoral Area, and each such elector is referred to in this Chapter as an “assentor”, or (b) the candidate (or someone on his or her behalf) shall, before the expiration of the period referred to in clause (a), have made a deposit in accordance with paragraph 19.
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(7)The following provisions apply for the purposes of clause (a) of subparagraph (6): (a) each assentor shall make a statutory declaration in such form as the Minister shall direct stating— (i) his or her number (including polling district letters) on the register of electors, (ii) his or her place of ordinary residence in respect of which he or she is registered in the register of electors, (iii) his or her personal contact details, including telephone numbers (if any), (iv) the name of the local electoral area, in the Limerick City and County Electoral Area, on the date of the making of the statutory declaration, in which he or she is ordinarily resident, (v) the name and address of the candidate, (vi) the form of identification produced by him or her in accordance with clause (b), including any number inscribed thereon that distinguishes it from similar such forms of identification in respect of other persons, (vii) that he or she assents to the nomination of the candidate, and (viii) that he or she has not assented to the nomination of any other candidate in respect of that election; (b) when making the statutory declaration referred to in clause (a), the assentor shall produce to the person taking and receiving the declaration photographic identification prescribed for the purposes of paragraph (b) of subsection (6) of section 46 of the Act of 1992; (c) upon the assentor’s having complied with clause (b), he or she shall, for the purposes of the Statutory Declarations Act 1938 , be deemed to be personally known to the person taking and receiving the declaration; (d) the assent shall have effect for the purposes only of the mayoral election next held after the making of the statutory declaration; (e) the candidate or proposer shall attach the required number of statutory declarations (that is to say, the 60 statutory declarations constituting the assents) to the nomination paper and the nomination paper delivered to the returning officer in accordance with paragraph 22, shall have the declarations so attached; (f) where more than the required number of statutory declarations is attached to the nomination paper, the declarations (up to the required number) first attached to the nomination paper shall be taken into account to the exclusion of any others; (g) it shall be lawful for a member of the Garda Síochána or an official of Limerick City and County Council to take and receive a statutory declaration referred to in clause (a) and any such declaration shall be stamped by the member or official concerned;
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(h) Limerick City and County Council and the returning officer shall arrange for the provision of forms, for the purposes of making a statutory declaration referred to in clause (a), free of charge to any person who requests such a form.
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(8)For the purposes of clause (a) of subparagraph (6) and subparagraph (7), a person whose application to have his or her name entered in the register of electors is approved by the registration authority in the Limerick City and County Electoral Area before the expiration of the period for delivery of a nomination paper to the returning officer under paragraph 21, shall be deemed to be an elector for the Limerick City and County Electoral Area.
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(9)The returning officer shall provide nomination papers— (a) during normal office hours, (b) on each weekday during the period beginning on the publication of the notice of election and ending at 12 noon on the latest day for receiving nominations, and (c) at such place or places as are named in the notice of election, and the returning officer shall supply a nomination paper or nomination papers free of charge to any person applying therefor, but the use of a paper supplied by the returning officer pursuant to this paragraph shall not be obligatory at a mayoral election, provided that the nomination paper used is in the form specified in a direction under subparagraph (2).
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(10)In this paragraph— “Register of Political Parties” means the Register of Political Parties sent to the returning officer in accordance with paragraph 16; “registration authority” has the meaning assigned to it by Part II of the Act of 1992.
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Deposit by certain candidates 19. (1) A candidate at an election referred to in clause (b) of subparagraph (6) of paragraph 18, or someone on his or her behalf, may, before the expiration of the time appointed by paragraph 21 for receiving nominations, deposit with the returning officer the sum of €1,000, and, if the said sum is not deposited, his or her candidature shall be deemed to have been withdrawn.
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(2)The deposit that may be made by or on behalf of a candidate pursuant to this paragraph may be made by means of legal tender or, with the consent of the returning officer, in any other manner.
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Return or disposal of deposit 20. (1) The deposit made under paragraph 19 shall be returned where the candidate— (a) withdraws his or her candidature in accordance with paragraph 26, (b) is deemed, under subparagraph (1) of paragraph 33, to have withdrawn his or her candidature, (c) dies before the poll is closed, (d) has not, before the expiration of the period for the receipt of nominations, been validly nominated as a candidate at the mayoral election, (e) is elected, or (f) is not elected but the greatest number of votes credited to him or her at any stage of the counting of the votes at the election exceeds one quarter of the quota.
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(2)A deposit that is not required to be returned under subparagraph (1) shall stand forfeited.
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(3)Where a deposit is required to be returned under subparagraph (1), it shall— (a) be returned to the person by whom it was made, or (b) if the person who made the deposit dies before the deposit is returned, be returned to his or her personal representative (within the meaning of the Succession Act 1965 ).
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(4)A deposit standing forfeited under this paragraph shall be disposed of by the returning officer in such manner as the director general shall direct.
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Time for receiving nominations 21. (1) The earliest time for receiving nominations shall be 10.00 a.m. on the day (disregarding any excluded day) next following the latest day for the publication of the notice of election.
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(2)The latest time for receiving nominations shall be 12 noon on the seventh day (disregarding any excluded day) next following the latest day for the publication of the notice of election.
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Delivery of nomination papers 22. (1) Every nomination paper shall be delivered to the returning officer by the candidate or the proposer of the candidate before the expiration of the period— (a) commencing on the earliest time for receiving nominations referred to in subparagraph (1) of paragraph 21, and (b) ending on the latest time for receiving nominations referred to in subparagraph (2) of that paragraph.
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(2)The delivery of the nomination paper shall— (a) be made by the candidate in person, or (b) where the candidate is proposed by another person, be made by the candidate in person or by the proposer of the candidate in person.
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(3)The returning officer shall— (a) between the hours of 10.00 a.m. and 12 noon and between the hours of 2.00 p.m. and 5.00 p.m. on the day (disregarding any excluded day) immediately preceding the latest day for receiving nominations, and (b) between the hours of 10.00 a.m. and 12 noon on such latest day, attend at the place specified in that behalf in the notice of election for the purpose of receiving nominations.
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Selection of nomination papers 23. The returning officer shall affix numbers to the nomination papers nominating candidates for a mayoral election in the order in which they are received, and the first valid nomination paper received by the returning officer nominating a candidate for the mayoral election shall constitute the nomination of that candidate.
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Ruling on validity of nomination papers 24. (1) (a) The returning officer shall rule on the validity of each nomination paper not later than one hour after its delivery and may rule that it is invalid if he or she considers that— (i) the paper is not properly made out or signed, or (ii) in the case of a nomination to which clause (a) of subparagraph (6) of paragraph 18 applies, there has been a failure to comply with that clause or subparagraph (7) of that paragraph. (b) The returning officer shall not rule that a nomination paper is invalid by reason only of an assentor’s having assented to the nomination of more than one candidate at the same election.
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(2)Only the returning officer, the candidate to whom a nomination paper relates, that candidate’s proposer (if any) and one other person designated by the candidate or proposer, as the case may be, shall be entitled to attend while the said nomination paper is being ruled upon by the returning officer unless the returning officer gives permission for any other person to so attend.
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(3)The returning officer shall object to the name of a candidate on a nomination paper if such name— (a) is not a name by which the candidate is commonly known, (b) is misleading and likely to cause confusion, (c) is unduly long, or (d) contains a political reference, and where the returning officer so objects, he or she shall allow the candidate or proposer, as may be appropriate, to amend the name and, if it is not so amended to the returning officer’s satisfaction, the returning officer may— (i) amend it, as he or she thinks fit, after consultation with the candidate or proposer (if present), or (ii) rule that the nomination paper is invalid by reason of it not having been properly made out.
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(4)The returning officer shall object to the description of a candidate in a nomination paper that, in the opinion of the returning officer— (a) is incorrect, (b) is insufficient to identify the candidate, (c) is unnecessarily long, or (d) contains a political reference other than— (i) a reference to a public or elected office held, or formerly held, by the candidate, or (ii) an entry made pursuant to subparagraph (4) or (5) of paragraph 18, and where the returning officer so objects, he or she shall allow the candidate or proposer, as may be appropriate, to amend the description and, if it is not so amended to the returning officer’s satisfaction, the returning officer may— (I) amend or delete it, as he or she thinks fit, after consultation with the candidate or proposer (if present), or (II) rule that the nomination paper is invalid as not having been properly made out.
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(5)(a) The returning officer at a mayoral election shall, after having ruled on the validity of a nomination paper— (i) record his or her decision on the nomination paper and shall sign the record, and (ii) where he or she rules in accordance with this paragraph that the nomination is invalid, include in that record a statement of the reasons for the ruling. (b) The decision of the returning officer under this paragraph shall be final subject only to reversal on a petition questioning the election.
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(6)The returning officer shall, by notice in writing, deliver by post or otherwise to the candidate concerned confirmation of the returning officer’s ruling under this paragraph.
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(7)A person in respect of whom a nomination paper has been ruled to be valid under this paragraph shall stand nominated to be a candidate in a mayoral election unless his or her candidature is— (a) withdrawn in accordance with paragraph 26, or (b) deemed to have been withdrawn under subparagraph (1) of paragraph 19 or subparagraph (1) of paragraph 33.
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Publication of nominations 25. The returning officer shall, as soon as practicable after ruling that a nomination paper is valid, cause a notice to be displayed outside the place at which the officer is receiving nominations in respect of the mayoral election concerned stating the name and description of the person nominated in the paper and the name and address of the person’s proposer (if any).
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Withdrawal of candidature 26. A candidate may withdraw his or her candidature for the election by a notice of withdrawal signed by the candidate and delivered— (a) in person by the candidate or by the candidate’s proposer, or (b) by some other person (where the returning officer is satisfied that neither the candidate nor the proposer is able to comply with clause (a)), to the returning officer not later than 12 noon on the day (disregarding any excluded day) next following the latest day for receiving nominations, but delivery of the notice in the manner specified in clause (b) shall not be valid unless it is signed by both the candidate and the person effecting delivery.
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Publication of withdrawal 27. The returning officer shall, immediately upon delivery to him or her of a notice of withdrawal in accordance with paragraph 26, give public notice— (a) of the withdrawal of the candidature of the candidate, and (b) in the case of the withdrawal of the candidature of a candidate who was nominated by a proposer, of the name of the proposer.
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Obstruction of nominations 28. (1) If the proceedings for or in connection with the nomination of candidates at a mayoral election are obstructed by violence, the returning officer may— (a) adjourn the proceedings to a later hour on the same day, (b) adjourn the proceedings to the day (disregarding any excluded day) immediately following the first-mentioned day, or (c) if the returning officer considers necessary, postpone the proceedings until such time or day as the obstruction has ceased.
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(2)Where any proceedings for or in connection with the nomination of candidates are adjourned or postponed under subparagraph (1), the returning officer shall— (a) postpone the latest time for receiving nominations for a period equal to the period of the postponement under subparagraph (1), and (b) inform the Minister of the postponement who may, by order, appoint the day for the taking of the poll at the election.
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Procedure after nominations 29. (1) If at 12 noon on the day (disregarding any excluded day) next following the latest day for receiving nominations the number of candidates standing nominated at the mayoral election is 2 or more, the returning officer shall adjourn the election and shall take a poll in accordance with this Part.
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(2)If at 12 noon on the day (disregarding any excluded day) next following the latest day for receiving nominations one candidate only stands nominated at the mayoral election, the returning officer shall forthwith— (a) declare the said candidate to be elected to be Mayor, and (b) comply with paragraph 55.
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(3)Where, at 12 noon on the day (disregarding any excluded day) next following the latest day for receiving nominations, no person stands nominated as a candidate at a mayoral election— (a) the returning officer shall so inform the Minister, (b) the order under paragraph 6 in respect of the mayoral election shall stand revoked, (c) a new mayoral election shall be held in accordance with this Part, and (d) the Minister shall, as soon as practicable, make an order under paragraph 6 for the purposes of the new mayoral election.
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Chapter 5
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Agents of candidates Appointment of deputy mayoral election agents 30. (1) A candidate or his or her mayoral election agent may appoint with respect to any polling district in the Limerick City and County Electoral Area one person (in this Part referred to as a “deputy mayoral election agent”) to assist the candidate in the polling district and to act therein as deputy for the candidate’s mayoral election agent.
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(2)The appointment of a deputy mayoral election agent may be revoked by the candidate or his or her mayoral election agent.
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(3)Where the appointment of a deputy mayoral election agent under this paragraph is revoked or a deputy mayoral election agent under this paragraph dies, resigns or becomes incapable of acting during a mayoral election, another deputy mayoral election agent may be appointed under this paragraph in his or her place.
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(4)A candidate or his or her mayoral election agent shall immediately after the appointment of a deputy mayoral election agent under this paragraph give written notice of his or her appointment and details of his or her name and address to the returning officer.
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General provisions as to agents 31. (1) A candidate at a mayoral election or his or her mayoral election agent may appoint persons (in this paragraph referred to as “agents”) to be present on his or her behalf— (a) at the issue of ballot papers to postal voters, (b) in polling stations, (c) at the opening of the postal ballot boxes, and (d) at the counting of the votes.
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(2)Subject to subparagraph (3), the number of agents who may be appointed to be present on behalf of any candidate shall be fixed by the returning officer and the same number shall be fixed in respect of each candidate.
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(3)A candidate or his or her mayoral election agent may appoint one person (in this Part referred to as a “personation agent”) to be present as the candidate’s agent in each polling station for the purpose of assisting in the detection of personation, and such appointment shall be in writing and shall be produced to the presiding officer for the polling station concerned.
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(4)An appointment under this paragraph may be revoked by the candidate or his or her mayoral election agent.
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(5)A candidate or his or her mayoral election agent shall, not later than the time for the commencement of the issue of ballot papers to postal voters, give written notification to the returning officer of the name and address of every agent appointed by the candidate or his or her mayoral election agent to be present at the issue of the said ballot papers, and the returning officer may refuse to admit to the place where the ballot papers are to be issued any agent whose name and address are not so notified.
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(6)(a) A candidate or his or her mayoral election agent shall, not later than 2 days (disregarding any excluded day) before the polling day, notify the returning officer in writing of— (i) the name and address of every personation agent appointed by the candidate or his or her mayoral election agent, and (ii) the polling station for which the personation agent is appointed. (b) A personation agent appointed in accordance with this paragraph and whose name and address have been duly notified to the returning officer shall be entitled to be present in the polling station referred to in the notification during the period commencing 30 minutes before the time fixed under paragraph 6 for the commencement of the poll and ending when the presiding officer has complied with article 72 of the Local Elections Regulations (applied to a mayoral election by paragraph 41).
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(7)A candidate or his or her mayoral election agent shall, not later than 2 days (disregarding any excluded day) before the polling day, notify the returning officer in writing of the name and address of every agent appointed by the candidate or his or her mayoral election agent to be present at the opening of the postal ballot boxes, and the returning officer may refuse to admit to the place where the postal ballot boxes are to be opened any agent whose name and address have not been so notified.
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(8)A candidate or his or her mayoral election agent shall, not later than 2 days (disregarding any excluded day) before the polling day, notify the returning officer in writing of the name and address of every agent appointed by the candidate or his or her mayoral election agent to be present at the counting of the votes, and the returning officer may refuse to admit to the place where the votes are to be counted any agent whose name and address have not been so notified.
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(9)Where the appointment of an agent under this paragraph is revoked or an agent appointed under this paragraph dies, resigns or becomes incapable of acting during a mayoral election, the candidate or his or her mayoral election agent may appoint another person (in this paragraph also referred to as an “agent”) to replace the said agent and, where an appointment is made under this subparagraph, the candidate or his or her mayoral election agent shall forthwith notify the returning officer in writing of the name and address of the person appointed under this subparagraph.
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(10)A candidate may lawfully do or assist in the doing of any thing that may lawfully be done on the candidate’s behalf by a mayoral election agent, deputy mayoral election agent or an agent appointed under this paragraph and may be present (in addition to, or in substitution for, any such agent) at any place at which any such agent may be present in accordance with this Part.
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(11)Anything required by this Part to be done in the presence of the mayoral election agent or other agent of a candidate shall not be invalidated by reason only of the agent’s not being present at the time and place appointed for the doing of such thing.
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Officers not to act as agents of candidates, further candidature, etc.
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32.(1) A returning officer or a person employed by such officer for any purpose relating to a mayoral election shall not act as an agent for a candidate at that election and shall not further, or assist in the furthering of, the candidature of a candidate or promote or assist in the promotion of the interests of a political party at the election.
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(2)A returning officer shall not employ in any capacity for the purposes of the mayoral election— (a) a person who is or has been employed by or on behalf of a candidate in or in connection with a mayoral election, (b) a person who is furthering or has furthered the candidature of a candidate in a mayoral election, (c) a person who is assisting or has assisted in the furthering of such candidature, (d) a person who is promoting or has promoted the interests of a political party in a mayoral election, or (e) a person who is assisting or has assisted in the promotion of such interests.
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Chapter 6
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Death of candidate Death of candidate 33. (1) Where, not less than 48 hours before the latest time for receiving nominations for a mayoral election, the returning officer becomes satisfied that a candidate standing nominated for the election has died— (a) the candidature of the candidate shall be deemed to have been withdrawn, and (b) the returning officer shall immediately give public notice to that effect.