In short
This law clarifies who can nominate presidential candidates, specifically addressing situations where local government councils have been dissolved and their functions transferred to other bodies or persons.
What it regulates
- The right of county and county borough councils to nominate presidential candidates.
- The effect of Section 72 of the Local Government Act, 1925, on these nomination rights.
- How references to councils in other Acts, regarding presidential nominations, should be interpreted.
Who it concerns
- Bodies or persons to whom the property, powers, and duties of dissolved county or county borough councils have been transferred.
- County and county borough councils.
Key points
- Section 72 of the Local Government Act, 1925, and orders made under it, do not transfer the right to nominate presidential candidates from a dissolved council to any other body or person.
- References in other Acts to county or county borough councils for presidential nominations do not include bodies or persons to whom the dissolved council's functions were transferred, unless explicitly stated otherwise.
- The Act came into operation immediately after the Constitution of Ireland.
- The Act is cited as the Local Government (Nomination of Presidential Candidates) Act, 1937.
📄 Legal text
Local Government (Nomination of Presidential Candidates) Act, 1937
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1937
Local Government (Nomination of Presidential Candidates) Act, 1937
Local Government (Nomination of Presidential Candidates) Act, 1937
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Number 36 of 1937.
LOCAL GOVERNMENT (NOMINATION OF PRESIDENTIAL CANDIDATES) ACT, 1937.
ARRANGEMENT OF SECTIONS
Section
1.
Removal of doubts in relation to nominations at presidential elections.
2.
Commencement.
3.
Short title.
Act Referred to
Local Government Act, 1925
No. 5 of 1925
Number 36 of 1937.
LOCAL GOVERNMENT (NOMINATION OF PRESIDENTIAL CANDIDATES) ACT, 1937.
AN ACT TO REMOVE DOUBTS AS TO THE OPERATION OF
SECTION 72
OF THE
LOCAL GOVERNMENT ACT, 1925
, IN RELATION TO THE NOMINATION, UNDER ARTICLE 12 OF THE CONSTITUTION OF IRELAND LATELY ENACTED BY THE PEOPLE, OF CANDIDATES FOR ELECTION TO THE OFFICE OF PRESIDENT BY BODIES OR PERSONS TO WHOM THE PROPERTY, POWERS, AND DUTIES OF COUNCILS OF COUNTIES OR COUNTY BOROUGHS HERETOFORE OR HEREAFTER DISSOLVED UNDER THE SAID SECTION HAVE BEEN OR SHALL BE TRANSFERRED. [25th November, 1937.]
BE IT ENACTED BY THE OIREACHTAS OF SAORSTÁT EIREANN AS FOLLOWS:—
Removal of doubts in relation to nominations at presidential elections.
1.—In order to remove doubts, it is hereby declared and enacted as follows, that is to say:—
(a) nothing contained in
section 72
of the
Local Government Act, 1925
(No. 5 of 1925), or in any order made (whether before or after the passing of this Act) under that section shall operate to transfer to any body, or persons, or person the right or power of the council of a county or a county borough, dissolved (whether before or after the passing of this Act) under the said section, of nominating or joining in the nomination, under section 4 of Article 12 of the Constitution, of a candidate for election to the office of President;
(b) no reference contained in any other Act (whether passed before or after this Act) of the Oireachtas of Saorstát Eireann or in any Act of the Oireachtas to councils of counties or county boroughs in relation to the nomination of candidates for election to the office of President shall (unless the contrary is expressly stated in such Act) be construed as referring to or including any body or persons or person to whom the property, powers, or duties of any such council are transferred (whether before or after the passing of this Act) under the said section 72.
Commencement.
2.—This Act shall come into operation immediately after the coming into operation of the Constitution of Ireland lately enacted by the people.
Short title.
3.—This Act may be cited as the Local Government (Nomination of Presidential Candidates) Act, 1937.
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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.