Seanad Electoral (Panel Members) Act, 1947

Seanad Electoral (Panel Members) Act, 1947 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1947 Seanad Electoral (Panel Members) Act, 1947 Seanad Electoral (Panel Members) Act, 1947 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 42 of 1947. SEANAD ELECTORAL (PANEL MEMBERS) ACT, 1947. ARRANGEMENT OF SECTIONS PART I. Preliminary and General. Section 1. Short title. 2. Definitions. 3. The panels. 4. The Seanad returning officer. 5. Regulations. 6. Expenses. 7. Repeals. PART II. The Register of Nominating Bodies. 8. Establishment and maintenance of register of nominating bodies. 9. Applications for registration in register of nominating bodies. 10. Publication of notice of the preparation of register of nominating bodies. 11. Preparation of register of nominating bodies. 12. Appeal Board. 13. Appeals to the appeal board in connection with preparation of register of nominating bodies. 14. Decision of appeals in connection with preparation of register of nominating bodies. 15. Completion and publication of register of nominating bodies. 16. Annual revision of register of nominating bodies. 17. Appeals to appeal board in connection with annual revision. 18. Decision of appeals in connection with annual revision. 19. Completion of annual revision. 20. Fee on appeal to appeal board. PART III. The Nomination Committees. 21. Formation and maintenance of nomination committees. 22. Appointment of members of nominating committee. 23. Tenure of office of member of nomination committee. PART IV. Seanad General Election. Chapter I. Seanad General Election Order. 24. Seanad general election order. Chapter II. Formation of the Panels. 25. Nomination to panels by members of Oireachtas. 26. Proposals for nominations to panel by registered nominating bodies. 27. Method of proposal for nomination by nominating body. 28. Preparation of nominating bodies lists. 29. Method of nomination by members of Oireachtas. 30. Preparation of provisional Oireachtas sub-panels. 31. Publication and inspection of proposal for nomination papers and nomination papers. 32. Nomination committee (general election) meeting. 33. Electoral roll for nomination committee (general election) meeting. 34. Procedure at a nomination committee (general election) meeting. 35. Preparation of provisional nominating bodies sub-panels. 36. The completion of the panels. 37. Nominations by the Taoiseach to complete provisional sub-panels. 38. The judicial referee at completion of panels. 39. Questions which may be raised at completion of panels. 40. Persons permitted to attend completion of panels. 41. Continuity of proceedings at completion of panels. 42. Death or disqualification of a candidate. 43. Preparation and publication of the panels. Chapter III. The Poll. 44. The electorate. 45. The electoral roll for Seanad general election. 46. Issue of copy of panels and declaration of identity to electors. 47. The ballot papers for Seanad general election. 48. Method of marking votes on ballot paper at Seanad general election. 49. Sending of ballot papers to electors at Seanad general election. 50. Issue of ballot papers. 51. Method of voting at Seanad general election. 32. Allocation of members amongst the panels. 53. Ascertainment of result of Seanad general election. 54. Election petitions in relation to Seanad general elections. PART V. Seanad Bye-Election. Chapter I. Notice of Casual Vacancy and Seanad Bye-election Order. 55. Notice of casual vacancy. 56. Seanad bye-election order. 57. Effect of a dissolution of Dáil Éireann. 58. Provision applicable where more than one casual vacancy. Chapter II. Nominating Bodies Sub-panel Casual Vacancies. 59. Obligation to hold nomination committee (bye-election) meeting. 60. Electoral roll for nomination committee (bye-election) meeting. 61. Procedure at nomination committee (bye-election) meeting. 62. The poll at a nomination committee (bye-election) meeting. 63. Certificate of provisional election. 64. The ruling upon nomination for nominating bodies sub-panel casual vacancy. 65. Procedure on failure to obtain nomination. Chapter III. Oireachtas Sub-panel Casual Vacancies. 66. Obligation to hold election to fill Oireachtas sub-panel casual vacancy. 67. Nomination of candidates for Oireachtas sub-panel casual vacancy. 68. The ruling upon nomination for Oireachtas sub-panel casual vacancy. 69. Electoral roll for Oireachtas sub-panel casual vacancy. 70. Ballot papers for Oireachtas sub-panel casual vacancy. 71. Method of marking votes on ballot paper for Oireachtas sub-panel casual vacancy. 72. Sending of ballot papers to electors. 73. Method of voting for Oireachtas sub-panel casual vacancy. 74. Ascertainment of the result of election for Oireachtas sub-panel casual vacancy. 75. Election petitions in relation to elections for Oireachtas sub-panel casual vacancies. Chapter IV. General Provisions in respect of every ruling upon nomination under Chapter III. 76. The judicial referee at ruling upon nomination. 77. Questions which may be raised at ruling upon nomination. 78. Persons permitted to attend ruling upon nomination. 79. Continuity of proceedings at ruling upon nomination. PART VI. Miscellaneous. 80. Resignation of membership of Seanad Eireann. 81. Election as university member and as panel member. 82. Preservation of the secrecy of the voting. 83. Non-compliance with rules. 84. Postal services. 85. Transitory provisions. FIRST SCHEDULE. SECOND SCHEDULE. THIRD SCHEDULE. Acts Referred to Seanad Electoral (Panel Members) Act, 1937 No. 43 of 1937 Local Government Act, 1941 No. 23 of 1941 Seanad Electoral (Panel Members) (Bye-Elections) Act, 1940 No. 20 of 1940 Number 42 of 1947. SEANAD ELECTORAL (PANEL MEMBERS) ACT, 1947. AN ACT TO REGULATE ELECTIONS OF THE MEMBERS OF SEANAD EIREANN WHO ARE REQUIRED TO BE ELECTED FROM PANELS OF CANDIDATES AND ELECTIONS TO FILL CASUAL VACANCIES OCCURRING AMONGST THOSE MEMBERS AND TO PROVIDE FOR MATTERS INCIDENTAL TO OR CONNECTED WITH SUCH ELECTIONS. [19th December, 1947.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— PART I. Preliminary and General. Short title. 1.—This Act may be cited as the Seanad Electoral (Panel Members) Act, 1947. Definitions. 2.—In this Act- the expression “the administrative panel” has the meaning assigned to it in section 3; the expression “the agricultural panel” has the meaning assigned to it in section 3; the expression “annual revision” has the meaning assigned to it in section 16; the expression “the appeal board” has the meaning assigned to it in section 12; the expression “casual vacancy” means a vacancy in the membership of Seanad Eireann occasioned by the death, resignation or disqualification of a member of Seanad Eireann who was elected at the next preceding Seanad general election or was elected at a Seanad bye-election since the next preceding Seanad general election; the expression “certificate of provisional election” has the meaning assigned to it in section 63; the expression “close of the poll” has (as may be appropriate) the meaning assigned to it in section 24 or the meaning assigned to it in section 56; the expression “the completion of the panels” has the meaning assigned to it in section 36; the expression “the cultural and educational panel” has the meaning assigned to it in section 3; the expression “Dáil election” means a general election of members of Dáil Eireann held in consequence of a dissolution of Dáil Eireann; the expression “the expiration of the time for general panel proposed nominations” has the meaning assigned to it in section 24; the expression “the expiration of the time for Oireachtas panel nominations” has the meaning assigned to it in section 24; the expression “the industrial and commercial panel” has the meaning assigned to it in section 3; the expression “the labour panel” has the meaning assigned to it in section 3; the expression “the list of candidates” has the meaning assigned to it in section 68; the expression “member of the Oireachtas” means a member of Dáil Eireann or a member of Seanad Eireann; the expression “the Minister” means the Minister for Local Government; the expression “nominating bodies” has the meaning assigned to it in section 8; the expression “nominating bodies list” has the meaning assigned to it in section 28; the expression “nominating bodies sub-panel” has the meaning assigned to it in section 43; the expression “nominating bodies sub-panel casual vacancy” means a casual vacancy occasioned by the death, resignation or disqualification of a member of Seanad Eireann who was elected at the next preceding Seanad general election from a nominating bodies sub-panel or who was elected at a Seanad bye-election to fill (whether directly or indirectly) the place of a member who was so elected at such Seanad general election; the expression “nomination committee” has the meaning assigned to it in section 21; the expression “nomination committee (bye-election) meeting” has the meaning assigned to it in section 59; the expression “nomination committee (general election) meeting” has the meaning assigned to it in section 32; the expression “notice of a casual vacancy” has the meaning assigned to it in section 55; the expression “Oireachtas sub-panel” has the meaning assigned to it in section 43; the expression “Oireachtas sub-panel casual vacancy” means a casual vacancy occasioned by the death, resignation or disqualification of a member of Seanad Eireann who was elected at the next preceding Seanad general election from an Oireachtas sub-panel or who was elected at a Seanad bye-election to fill (whether directly or indirectly) the place of a member who was so elected at such Seanad general election; the word “panel” has the meaning assigned to it in section 3; the word “prescribed” means prescribed by regulations made by the Minister under this Act; the expression “provisional nominating bodies sub-panel” has the meaning assigned to it in section 35; the expression “the register of nominating bodies” has the meaning assigned to it in section 8; the expression “the ruling upon nomination” has (as may be appropriate) the meaning assigned to it in section 64 or the meaning assigned to it in section 68; the expression “Seanad bye-election” means an election to fill a casual vacancy; the expression “Seanad bye-election order” has the meaning assigned to it in section 56; the expression “Seanad general election” means so much of a general election of members of Seanad Eireann held in pursuance of Article 18 of the Constitution as relates to the election of those members who are required by that Article to be elected from panels; the expression “Seanad general election order” has the meaning assigned to it in section 24; the expression “Seanad returning officer” has the meaning assigned to it in section 4; the word “sub-panel” has the meaning assigned to it in section 43. The panels. 3.—(1) In this Act— the word “panel” when used without qualification means a panel of candidates formed in pursuance of subsection 1° of section 7 of Article 18 of the Constitution; the expression “the cultural and educational panel” means the panel required by the said subsection 1° to contain the names of persons having knowledge and practical experience of the following interests and services, namely, the national language and culture, literature, art, education and such professional interests as may be defined by law for the purpose of this panel; the expression “the agricultural panel” means the panel required by the said subsection 1° to contain the names of persons having knowledge and practical experience of the following interests and services, namely, agriculture and allied interests, and fisheries; the expression “the labour panel” means the panel required by the said subsection 1° to contain the names of persons having knowledge and practical experience of the following interests and services, namely, labour, whether organised or unorganised; the expression “the industrial and commercial panel” means the panel required by the said subsection 1° to contain the names of persons having knowledge and practical experience of the following interests and services, namely, industry and commerce, including banking, finance, accountancy, engineering, and architecture; the expression “the administrative panel” means the panel required by the said subsection 1° to contain the names of persons having knowledge and practical experience of the following interests and services, namely, public administration and social services, including voluntary social activities. (2) The professional interests for the purposes of the cultural and educational panel are hereby defined as— (a) law, and (b) medicine, including surgery, dentistry, veterinary medicine, and pharmaceutical chemistry. The Seanad returning officer. 4.—(1) The person who for the time being holds the office of Clerk of Seanad Éireann shall be the Seanad returning officer for the purposes of this Act. (2) It shall be the duty of the Seanad returning officer to conduct every Seanad general election and every Seanad bye-election, to count the votes cast thereat, to ascertain and declare the result thereof in accordance with this Act, and to do such other things in respect of every such election as he is required by this Act to do. (3) The Minister for Finance shall pay to the Seanad returning officer the amount of his reasonable charges, not exceeding such amount as may be sanctioned by that Minister, in respect of the performance by the Seanad returning officer of his duties under this Act out of the Central Fund or the growing produce thereof. (4) If and so long as the office of Clerk of Seanad Éireann is vacant or the holder of that office is unable through illness, absence or other cause to fulfil his duties, the Clerk-Assistant of Seanad Éireann shall act as Seanad returning officer and references in this Act to the Seanad returning officer shall have effect accordingly. Regulations. 5.—The Minister may make regulations prescribing any matter or thing referred to in this Act as prescribed or to be prescribed. Expenses. 6.—The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas. Repeals. 7.—The Seanad Electoral (Panel Members) Act, 1937 (No. 43 of 1937), and the Seanad Electoral (Panel Members) (Bye-Elections) Act, 1940 (No. 20 of 1940), are hereby repealed. PART II. The Register of Nominating Bodies. Establishment and maintenance of register of nominating bodies. 8.—(1) A register (in this Act referred to as the register of nominating bodies) of bodies (in this Act referred to as nominating bodies) entitled to nominate persons to the panels of candidates for the purpose of every Seanad general election shall be established and maintained in accordance with this Act. (2) The following provisions shall have effect in relation to the register of nominating bodies: (a) the register shall be in such form as the Seanad returning officer thinks proper; (b) a body shall not be eligible to be registered in the register in respect of any particular panel unless either— (I) (i) its objects primarily relate to or are connected with the interests and services mentioned in subsection 1° of section 7 of Article 18 of the Constitution in respect of that particular panel, and (ii) its activities are concerned mainly with such interests and services, or (II) its members are representative of persons who have knowledge and practical experience of such interests and services; (c) a body which is formed or carried on wholly or substantially for profit or which carries on, as its sole or principal function, any trade or business for profit shall not be eligible for registration in the register; (d) the Seanad returning officer may refuse to register any body (not being an excepted body) in the register unless— (I) its organisation and direction are governed by articles of association, rules or other regulations which— (i) provide for an annual general meeting to which all members are invited by a notice forwarding an agenda including the following items, that is to say, minutes of preceding meeting, presentation of annual report, consideration of statement of accounts as certified by the auditor, election of executive committee, election of auditors, (ii) make adequate provision for the carrying on of the business of the body by an executive committee, and (iii) provide for the audit and certification of accounts by a public auditor or other qualified person, and (II) its average annual revenue from subscriptions during the five years immediately preceding the application for registration has been, in the case of a charitable body, not less than one thousand pounds or, in any other case, not less than two hundred and fifty pounds, but subject to the proviso that the requirements set out in this paragraph as to election of auditors, provision for audit and annual revenue shall not apply in the case of such bodies engaged in the promotion of scientific or general knowledge as in the opinion of the Seanad returning officer are of national importance; (e) a body which is composed wholly or mainly of persons who are in the employment of the State or of persons who are in the employment of local authorities and the objects of which include the advancement or protection of the interests of such persons in relation to their said employment shall not be eligible for registration in the register; (f) every body which is registered in the register shall be so registered in respect of one, and only one, panel; (g) except as otherwise provided by this subsection, a body shall not be registered in the register save in pursuance of an application in that behalf made by such body in accordance with this Act; (h) the Irish County Councils General Council and the Association of Municipal Authorities of Ireland shall be registered in the register in respect of the administrative panel without application, and no other body shall be registered in the register in respect of that panel unless its objects and activities consist, wholly or substantially, of voluntary social services of a charitable or eleemosynary character. (3) In paragraph (d) of subsection (2) of this section the expression “excepted body” means a body which is— (a) a body established under an Act of the Oireachtas for any of the following purposes: (i) the regulation or control of professional qualifications or conduct. (ii) the provision or improvement of cultural or educational facilities; or (b) a cultural, educational or professional organisation in receipt of a grant voted specifically for it by the Oireachtas. (4) Each of the following bodies, and no other body, shall be a local authority for the purposes of this section: (a) the council of a county, the corporation of a county or other borough, the council of an urban district, the commissioners of a town or a public assistance authority, (b) a committee or joint committee of or appointed by any one or more of the bodies mentioned in paragraph (a) of this subsection. Applications for registration in register of nominating bodies. 9.—(1) Any body which desires to be registered in the register of nominating bodies in respect of any particular panel and claims to be eligible for registration in that register in respect of that panel may apply for that purpose to the Seanad returning officer in accordance with this section. (2) The following provisions shall have effect in relation to applications for registration in the register of nominating bodies at the preparation of that register: (a) an application shall be made in writing on an application paper in the prescribed form provided by the Seanad returning officer; (b) the Seanad returning officer shall furnish free of charge on request to any body which proposes to apply for registration an application paper for that purpose; (c) an application shall be delivered or sent by post to the Seanad returning officer at his office on or before the date specified in that behalf in the notice published under section 10 of this Act and any application which is received at that office after that date shall not be entertained or considered by the Seanad returning officer; (d) an application shall state the panel in respect of which the applicant desires to be registered and the grounds on which the applicant claims to be eligible to be registered; (e) an application shall also state all such things in relation to the applicant as are indicated in that behalf in the prescribed form of application paper. Publication of notice of the preparation of register of nominating bodies. 10.—As soon as practicable after the passing of this Act, the Seanad returning officer shall publish, in every morning daily newspaper published in the State and in such other (if any) daily newspapers as, with the sanction of the Minister, he thinks proper, a notice in the prescribed form giving public notice that the register of nominating bodies is being prepared, and giving such information (including the latest date for receipt of applications for registration) and instructions in relation to applications for registration as the Minister thinks proper. Preparation of register of nominating bodies. 11.—(1) As soon as practicable after the day prescribed for this section, and in any event not later than fourteen days thereafter, the Seanad returning officer shall prepare the register of nominating bodies and for that purpose— (a) shall examine all applications for registration duly received by him, (b) shall disallow every application which appears to him to be irregular in form and every application as respects which the applicant fails to satisfy him that the applicant is eligible for registration in respect of the panel to which the application relates, (c) may disallow any applications which he is authorised by the subsequent provisions of this section to disallow, and (d) shall allow all such applications as he does not disallow in pursuance of the foregoing provisions of this subsection. (2) The Seanad returning officer may require from any applicant for registration in the register of nominating bodies all such information relevant to the registration of the applicant as he reasonably requires for the determination by him of the allowance or disallowance of the application, and the Seanad returning officer may disallow the application of any applicant which fails or refuses to give any information required of it under this section. (3) It shall be lawful for the Seanad returning officer to disallow an application for registration in the register of nominating bodies made by any body which is a branch of or affiliated or subsidiary to a body which is already registered in the register or whose application for such registration he has allowed. (4) Subsections (2) and (3) of this section shall have effect in relation to every annual revision of the register of nominating bodies as well as in relation to the first preparation of that register. (5) Not later than fourteen days after the day prescribed for this section, the Seanad returning officer shall send by post to every body which applied for registration in the register of nominating bodies (whether its application has been allowed or disallowed) a copy of the register as prepared by the Seanad returning officer under this section. (6) Where the Seanad returning officer has disallowed an application for registration in the register of nominating bodies, he shall, on the request of the body which made the application, furnish to the body a statement of his reasons for the disallowance. (7) Where the Seanad returning officer has disallowed under this section an application for registration in the register of nominating bodies because the applicant has failed to satisfy him that the applicant is eligible for registration in respect of the panel to which the application relates, a statement to that effect by the Seanad returning officer shall, for the purposes of subsection (6) of this section, be a sufficient statement of the reasons for the disallowance. (8) The allowance or disallowance by the Seanad returning officer of any application for registration in the register of nominating bodies shall be final and conclusive, subject only to such appeal as is provided for by this Act. Appeal Board. 12.—(1) There shall be a board (in this Act referred to as the appeal board) to hear appeals from decisions of the Seanad returning officer under this Part of this Act. (2) The appeal board shall consist of five members, namely:— (a) a chairman, who shall be a judge of the Supreme Court or the High Court nominated by the Chief Justice, (b) the Chairman of Dáil Eireann, (c) the Deputy-Chairman of Dáil Eireann, (d) the Chairman of Seanad Eireann, (e) the Deputy-Chairman of Seanad Eireann. (3) The quorum for a meeting of the appeal board shall be three. (4) The appeal board may act notwithstanding any vacancy thereon. (5) Subject to the express provisions of this Act, the appeal board shall regulate its own procedure. Appeals to the appeal board in connection with preparation of register of nominating bodies. 13.—(1) Any applicant for registration in the register of nominating bodies whose application for registration has been disallowed by the Seanad returning officer on the preparation of the register may appeal in accordance with this section to the appeal board against the disallowance. (2) Any applicant for registration in the register of nominating bodies on the preparation thereof in respect of any particular panel (whether its application for registration has been allowed or has been disallowed by the Seanad returning officer) may appeal in accordance with this section to the appeal board against the allowance by the Seanad returning officer of the application of any other applicant for such registration in respect of the same panel. (3) An appeal under this section to the appeal board shall be made in writing and shall state the grounds on which the appeal is made and shall be delivered or sent by post to the Clerk of Dáil Eireann on or before the day prescribed for this section, and any such appeal which is received by the Clerk of Dáil Eireann after that day shall not be entertained or considered by the appeal board. (4) An appeal under this section shall be open to inspection at all convenient times by the Seanad returning officer. Decision of appeals in connection with preparation of register of nominating bodies. 14.—(1) The appeal board shall consider every appeal duly made under section 13 of this Act and shall, in respect of each such appeal, either reverse the decision of the Seanad returning officer which is the subject of the appeal or disallow the appeal. (2) The appeal board shall, when considering an appeal made under section 13 of this Act, consider— (a) the grounds for the appeal stated pursuant to subsection (3) of that section, and no other grounds, and (b) such information (if any) as was made available to the Seanad returning officer, and no other information. (3) A decision of the Seanad returning officer shall not be reversed under this section by the appeal board unless a majority of the members present are in favour of the reversal. (4) The Seanad returning officer shall give to the appeal board such information and assistance in relation to every appeal considered pursuant to this section as the Board may reasonably require of him. (5) The decision of the appeal board on any appeal considered pursuant to this section shall be final and conclusive. Completion and publication of register of nominating bodies. 15.—(1) If no appeal under section 13 of this Act is duly made to the appeal board, the Clerk of Dáil Eireann shall, on the day prescribed for this section inform the Seanad returning officer of that fact and the Seanad returning officer shall thereupon sign and publish in the Iris Oifigiúil the register of nominating bodies prepared by him under the foregoing provisions of this Act. (2) If any appeal is duly made under section 13 of this Act to the appeal board, the board shall communicate to the Seanad returning officer their decision (if any) on every such appeal and the Seanad returning officer shall thereupon make such (if any) amendment in the register of nominating bodies prepared by him under the foregoing provisions of this Part of this Act as may be necessary to give effect to such decision and, when all such appeals have been decided and the decisions (if any) thereon have been communicated to and dealt with by the Seanad returning officer, the Seanad returning officer shall sign the register of nominating bodies as so prepared and amended (if at all) by him as aforesaid and shall publish it in the Iris Oifigiúil as soon as conveniently may be. (3) The register of nominating bodies as published in the Iris Oifigiúil in pursuance of this section shall be final and conclusive and shall not be open to review by any court and shall be in force for the first Seanad general election held after it is first published and every subsequent Seanad general election, subject only to such annual revision as is provided by this Act. Annual revision of register of nominating bodies. 16.—(1) The Seanad returning officer shall, on or after the 1st, but not later than the 15th day of January in the year after the year of the preparation of the register of nominating bodies and in every subsequent year, publish in every morning daily newspaper published in the State and in such other (if any) daily newspapers as, with the sanction of the Minister, he thinks proper a notice in the prescribed form giving public notice that, on the 15th day of February next following or, if that day is a Sunday, the 16th day of February next following, the Seanad returning officer will proceed to revise the register of nominating bodies, and giving such information and instructions in relation to applications for insertion, deletion, or amendment of entries in that register as the Minister thinks proper. (2) Any body not registered in the register of nominating bodies, which desires to be registered in respect of any particular panel in that register and claims to be eligible for such registration, and any body registered in that register which desires to be removed therefrom, or desires that the entry in respect of it in that register should be amended in any way, may make application in the prescribed form to the Seanad returning officer during the period beginning on the 15th day of January and ending on the 15th day of February in the year after the year of the preparation of the register of nominating bodies or in any subsequent year, for such registration, deletion, or amendment, as the case may be. (3) On the 15th day of February or, if that day is a Sunday, on the 16th day of February in the year after the year of the preparation of the register of nominating bodies and in every subsequent year the Seanad returning officer shall revise (in this Act referred to as an annual revision) the register of nominating bodies by:— (a) registering in the register all bodies which have duly applied under this section for registration at such annual revision and whose application he does not disallow, (b) deleting from the register the registration of every body which appears to him to have ceased to exist or to have ceased to be eligible for registration or the deletion of which from the register appears to him to be necessary and proper in consequence of the allowance of the application of another body for registration, and (c) making all such amendments in the register as appear to him, by virtue of applications under this section or otherwise to be requisite or proper. (4) The Seanad returning officer shall disallow every application under this section which appears to him to be irregular in form and every application under this section for registration in respect of a panel as respects which the applicant fails to satisfy him that the applicant is eligible for such registration. (5) The Seanad returning officer may make such inquiries as he thinks proper for the purpose of any annual revision of the register of nominating bodies and may, at any annual revision, make all such deletions from and amendments of the register of nominating bodies as appear to him, in consequence of such inquiries, to be requisite or proper, but the Seanad returning officer shall not make any such deletion or amendment without giving notice thereof to the body affected thereby or without giving such body a reasonable opportunity of making representations in regard thereto. (6) Every allowance or disallowance by the Seanad returning officer of any application under this section for registration in, deletion from, or amendment of the register of nominating bodies, and every deletion from or amendment of that register made by the Seanad returning officer at an annual revision otherwise than on an application under this section, shall be final and conclusive, subject only to such appeal as is provided for by this Act. Appeals to appeal board in connection with annual revision. 17.—(1) Not later than the 1st day of March in the year after the year of the preparation of the register of nominating bodies and in every subsequent year, the Seanad returning officer shall— (a) inform every body which applied for registration in, deletion from, or amendment of the register of nominating bodies at the annual revision in that year whether he allowed or disallowed the application and, in the case of disallowance, his reasons therefor, and (b) communicate to every body affected by a deletion from or amendment of the register of nominating bodies made by him at the annual revision in that year otherwise than on an application by such body the particulars of such deletion or amendment and his reasons therefor. (2) Any of the following persons may appeal to the appeal board against such of the decisions of the Seanad returning officer at an annual revision as are hereinafter specified, that is to say:— (a) in the case of a disallowance of an application, the body by which the application was made, (b) in the case of an allowance of an application for registration, any nominating body registered in the register of nominating bodies, and any body which applied at the annual revision for registration in that register, whether the application was allowed or disallowed, (c) in the case of a deletion from or amendment of the register of nominating bodies made by the Seanad returning officer otherwise than on an application under this Act, the body affected by the deletion or amendment. (3) An appeal under this section to the appeal board shall be made in writing and shall state the grounds on which the appeal is made and shall be delivered or sent by post to the Clerk of Dáil Eireann on or before the 15th day of March in the year in which the decision appealed against was given. (4) An appeal under this section shall be open to inspection at all convenient times by the Seanad returning officer. (5) Where the Seanad returning officer has disallowed under section 16 of this Act an application for registration in respect of a panel because the applicant has failed to satisfy him that the applicant is eligible for such registration, a statement to that effect shall, for the purposes of subsection (1) of this section, be a sufficient statement of the reasons for the disallowance. (6) Where the Seanad returning officer has deleted under section 16 of this Act the registration of a body on the ground that the body has ceased to be eligible for such registration, a statement to that effect shall, for the purposes of subsection (1) of this section, be a sufficient statement of the grounds for the deletion. Decision of appeals in connection with annual revision. 18.—(1) The appeal board shall consider every appeal duly made to it unnder section 17 of this Act and shall, in respect of each such appeal, either reverse the decision of the Seanad returning officer which is the subject of the appeal or disallow the appeal. (2) The appeal board shall, when considering an appeal made under section 17 of this Act, consider— (a) the grounds for the appeal stated pursuant to subsection (3) of that section, and no other grounds, and (b) such information (if any) as was made available to the Seanad returning officer, and no other information. (3) A decision of the Seanad returning officer shall not be reversed under this section by the appeal board unless a majority of the members present are in favour of the reversal. (4) The Seanad returning officer shall give to the appeal board such information and assistance in relation to every appeal considered in pursuance of this section as the board may reasonably require of him. (5) The decision of the appeal board on any appeal considered in pursuance of this section shall be final and conclusive. Completion of annual revision. 19.—(1) Not later than the 20th day of March in the year after the year of the preparation of the register of nominating bodies and in every subsequent year, the Seanad returning officer shall revise the register of nominating bodies in such manner as may be requisite to give effect to all decisions given by him at the annual revision in that year against which no appeal to the board has been made within the time limited in that behalf by this Act, and every revision so made shall come into force on the 21st day of March of the year in which it is made. (2) The Clerk of Dáil Eireann shall communicate to the Seanad returning officer every decision by the appeal board on an appeal considered pursuant to section 18 of this Act, and the Seanad returning officer shall forthwith make such (if any) revision of the register of nominating bodies as is necessary to give effect to such decision, and every such revision shall come into force on the day after the day on which it is made. (3) As soon as any annual revision of the register of nominating bodies has been completed in accordance with this Part of this Act, the Seanad returning officer shall sign and publish in the Iris Oifigiúil the register as revised at the annual revision and the register as so published shall be conclusive evidence of the alterations made in the register at the annual revision. Fee on appeal to appeal board. 20.—(1) Every body which appeals to the appeal board shall pay to the Clerk of Dáil Eireann a fee of twenty pounds, and the payment of the fee before the expiration of the time limited by this Act for sending or delivering the appeal to the Clerk of Dáil Eireann shall be a condition precedent to the entertainment of the appeal by the appeal board. (2) Every fee paid to the Clerk of Dáil Eireann in pursuance of this section shall be retained by him until the appeal in respect of which the fee was paid has been decided by the appeal board and— (a) if the appeal board reverses the decision of the Seanad returning officer which is the subject of the appeal, the Clerk of Dáil Eireann shall forthwith repay the fee to the appellant by whom it was paid to him, and (b) in every other case, the Clerk of Dáil Eireann shall pay the fee into, or dispose of it for the benefit of, the Exchequer in such manner as the Minister for Finance directs. (3) The Public Offices (Fees) Act, 1879, shall not apply in respect of fees payable under this section. PART III. The Nomination Committees. Formation and maintenance of nomination committees. 21.—(1) There shall be formed and maintained in respect of each panel a standing committee to be known and in this Act referred to as the nomination committee for that panel. (2) A nominating body which is for the time being registered in the register of nominating bodies shall be entitled to appoint five members of the nomination committee for the panel in respect of which such nominating body is so registered. (3) The Seanad returning officer shall establish as soon as may be after the publication pursuant to section 15 of this Act of the register of nominating bodies, and shall thereafter maintain, a register with respect to each nomination committee stating the members thereof and each such register shall be conclusive evidence of the membership of the committee to which it relates. (4) A register maintained under subsection (3) of this section of the members of a nomination committee shall state, in respect of every such member, his postal address as stated in his appointment or as subsequently communicated by him under this Act, and every notice required by this Act to be sent by the Seanad returning officer to any such member shall be sent by prepaid post addressed to him at his postal address as so stated. (5) The quorum of a nomination committee shall be one-fourth of the members thereof or three members (whichever is the greater). Appointment of members of nominating committee. 22.—(1) A nominating body which is registered in the register of nominating bodies on the publication of that register pursuant to section 15 of this Act shall, as soon as may be after such publication, appoint five persons to be members of the nomination committee for the panel in respect of which such body is so registered. (2) A body which becomes, after the publication of the register of nominating bodies pursuant to section 15 of this Act, registered as a nominating body in that register shall, as soon as may be after it becomes so registered, appoint five persons to be members of the nomination committee for the panel in respect of which such body is so registered. (3) Where a member appointed by a nominating body of a nomination committee ceases to be such member by reason of death, being adjudicated a bankrupt or convicted of an indictable offence, or ceasing to be a member of the body, the body shall as soon as conveniently may be appoint a person to fill the vacancy. (4) An appointment of a member of a nomination committee by a nominating body shall— (a) be made in writing, and (b) if the nominating body is a body corporate, have the seal of the body affixed thereto in the manner and with the counter-signatures required by the constitution, articles of association, or other regulations of the body or if the nominating body is not a body corporate, be signed in the name of the body by some person having authority to sign in that name, and (c) state the name, postal address, and description of the appointee and contain a statement, signed by the appointee, that he assents to the appointment, and (d) be sent to the Seanad returning officer by such nominating body, and (e) have effect as from the time at which it is received by the Seanad returning officer. (5) Where the first appointment by a nominating body of members of a nomination committee is made at an annual meeting of the body, the body shall at that meeting appoint the day for its next annual meeting and the day appointed shall be notified to the Seanad returning officer and shall be not more than four hundred days and not less than three hundred and thirty days after the day on which the appointment is made. (6) Where the first appointment by a nominating body of members of a nomination committee is made at a meeting which is not an annual meeting, the meeting shall be a meeting specially called for the purpose of making such appointment. (7) The second and any subsequent appointment by a nominating body of members of a nomination committee shall be made at an annual meeting of the body, and the body shall at every such meeting appoint the day for its next annual meeting and the day appointed shall be notified to the Seanad returning officer and shall be not more than four hundred days and not less than three hundred and thirty days after the day on which the appointment is made. (8) Any member of a nomination committee may at any time inform the Seanad returning officer in writing of a change in his postal address and thereupon the Seanad returning officer shall enter the change of address in the register of the members of the committee. Tenure of office of member of nomination committee. 23.—(1) A member appointed by a nominating body of a nomination committee shall cease to hold office as such member on the happening of any of the following events, and in no other circumstances, that is to say:— (a) the expiration of the day before the day of the annual meeting of the body next occurring after his appointment, (b) his death, (c) his being adjudicated bankrupt or convicted of an indictable offence, (d) his ceasing to be a member of the body, (e) the body ceasing to be a nominating body registered in the register of nominating bodies in respect of the relevant panel. (2) A member of a nomination committee ceasing to hold office as such member by reason of the expiration of the day before the day of an annual meeting of the nominating body which appointed him shall be eligible for re-appointment. PART IV. Seanad General Election. Chapter I. Seanad General Election Order. Seanad general election order. 24.—(1) Before every Seanad general election, the Minister shall by order (in this Act referred to as a Seanad general election order) appoint for the purposes of the election:— (a) the day and hour (in this Act referred to as the expiration of the time for general panel proposed nominations) on and at which the period during which the Seanad returning officer may receive proposals for nominations to the panels by nominating bodies will expire; (b) the day and hour (in this Act referred to as the expiration of the time for Oireachtas panel nominations) on and at which the period during which the Seanad returning officer may receive nominations to the panels by members of the Oireachtas will expire; (c) the days on which and the places and hours at which the nominating committee (general election) meetings (so far as they are required to be held) will be held; (d) the day on which and the place at which the Seanad returning officer will sit for the completion of the panels; (e) the day on which the ballot papers for the election will be issued; (f) the day and hour (in this Act referred to as the close of the poll) on and at which the poll at the election will be closed; (g) the address of the Seanad returning officer to which nomination papers and other communications may be sent to him. (2) The following provisions shall have effect in relation to a Seanad general election order:— (a) the order shall be made within seven days after the dissolution of Dáil Eireann which occasions the election; (b) the day appointed by the order for the expiration of the time for general panel proposed nominations shall not be less than four weeks after such dissolution and, where practicable, shall not be prior to the date fixed for the reassembly of Dáil Éireann after such dissolution; (c) the day appointed by the order for the expiration of the time for Oireachtas nominations shall not be less than seven days after the day appointed by the order for the expiration of the time for general panel nominations and, where practicable, shall be subsequent to the date fixed for the reassembly of Dáil Eireann after such dissolution; (d) the order shall be published in the Iris Oifigiúil as soon as may be after it is made. Chapter II. Formation of the Panels. Nomination to panels by members of Oireachtas. 25.—(1) At a Seanad general election, any person may be nominated in accordance with this Act by not less than four members of the Oireachtas to any of the panels constituted for that election. (2) A member of the Oireachtas shall not join in the nomination under this section of more than one person at any particular Seanad general election. Proposals for nominations to panel by registered nominating bodies. 26.—(1) At a Seanad general election, a nominating body which is registered in the register of nominating bodies in respect of a particular panel shall be entitled to propose for nomination to the panel such number of persons as is provided in that behalf by this section. (2) Where one nominating body, and no more, is entitled to propose for nomination to a particular panel, that body shall be entitled to so propose— (a) in the case of the cultural and educational panel—three persons, (b) in the case of the agricultural panel or the labour panel—eleven persons, (c) in the case of the industrial and commercial panel—nine persons, (d) in the case of the administrative panel—five persons. (3) Where two nominating bodies, and no more, are entitled to propose for nomination to a particular panel, each shall be entitled to propose for nomination to the panel— (a) in the case of the cultural and educational panel—two persons, (b) in the case of the agricultural panel or the labour panel—six persons, (c) in the case of the industrial and commercial panel—five persons, (d) in the case of the administrative panel—three persons. (4) Where three or more nominating bodies are entitled to propose for nomination to a particular panel, each shall be entitled to propose for nomination to the panel— (a) if the number obtained by dividing the appropriate number by the number of the nominating bodies is two or less—two persons, and (b) if the number so obtained is more than two—the number so obtained of persons if it is a whole number or, if it is not a whole number, the next higher whole number of persons. (5) in subsection (4) of this section, the expression “the appropriate number” means— (a) in the case of the cultural and educational panel—ten, (b) in the case of the agricultural panel or the labour panel—eighteen, (c) in the case of the industrial and commercial panel—sixteen, (d) in the case of the administrative panel—twelve. Method of proposal for nomination by nominating body. 27.—(1) Within ten days after a dissolution of Dáil Éireann, the Seanad returning officer shall send by post to every nominating body registered in the register of nominating bodies a form of proposal for nomination paper and also a notice in the prescribed form informing the body of its right to propose persons for nomination to a specified panel and of the number of persons which it is entitled so to propose and giving to the body such information and instructions in relation to the making of the proposals for nomination as the Minister thinks proper to prescribe. (2) A proposal for nomination to a panel by a nominating body shall be made in accordance with the following provisions:— (a) the proposal shall be made in writing on a proposal for nomination paper in the prescribed form; (b) the nominating body shall propose by one and the same proposal for nomination paper all the persons which it is entitled to propose; (c) the proposal for nomination paper shall contain the particulars required by the prescribed form of proposal for nomination paper to be stated therein (including a statement of the qualifications of every person thereby proposed for the panel to which he is proposed) and shall be signed by the nominating body; (d) where the nominating body is a body corporate, the proposal for nomination paper shall be signed by the body by affixing to such paper the seal of the body in the manner and with the counter signatures required by the constitution, articles of association, or other regulations of the body; (e) where the nominating body is not a body corporate, the proposal for nomination paper shall be signed in the name of the body by some person having authority to sign in that name. (3) In the case of the Irish County Councils' General Council and in the case of the Association of Municipal Authorities of Ireland, the persons to be proposed for nomination to the administrative panel by those bodies respectively shall be chosen by the members of the body voting on the system of proportional representation by means of the single transferable vote. (4) A proposal for nomination paper which purports to be sealed with the seal of a body corporate which is a nominating body and to be countersigned shall, until the contrary is proved, be deemed to have been so sealed in the manner and with the counter-signatures required by the constitution, articles of association, or other regulations of the body. (5) A proposal for nomination paper which purports to be signed in the name of an unincorporated body which is a nominating body shall, until the contrary is proved, be deemed to have been so signed by a person having authority to sign in that name. (6) Where a nominating body purports to propose for nomination by a proposal for nomination paper either more persons or less persons to a panel than the body is entitled so to propose, the proposal for nomination paper shall be wholly void. (7) The Seanad returning officer shall furnish free of charge on request to a nominating body such number of forms of proposal for nomination paper (in addition to the form which he is required by subsection (1) of this section to send to the body) as the body reasonably requires. Preparation of nominating bodies lists. 28.—(1) A proposal for nomination paper by which a person or persons is or are proposed for nomination at a Seanad general election by a nominating body shall be delivered or sent by post to the Seanad returning officer. (2) Immediately after the expiration of the time for general panel proposal nominations, the Seanad returning officer shall prepare, in respect of each panel, a list (in this Act referred to as a nominating bodies list) in the prescribed form of the persons in respect of whom he has received, before the expiration of the said time, proposals for nominations to such panel by nominating bodies. (3) If, when the provisions of subsection (2) of this section have been complied with, the number of persons included in a nominating bodies list does not equal or exceed the appropriate number, the Seanad returning officer shall report to the Taoiseach the deficiency in such list and furnish him with copies of the nominating bodies lists. (4) Upon receiving a report under subsection (3) of this section, the Taoiseach shall propose for nomination to every panel in respect of which he receives the report such number of persons as will be sufficient to bring the number of persons on the relevant nominating bodies list up to the appropriate number (and no more). (5) A proposal for nomination made by the Taoiseach under this section shall be made in accordance with the following provisions:— (a) the proposal for nomination shall be made in writing on a proposal for nomination paper in the prescribed form; (b) the proposal for nomination shall be made by a separate proposal for nomination paper; (c) the proposal for nomination paper shall state the sub-panel in respect of which the proposal is made and shall also contain the particulars required by the said prescribed form of proposal for nomination paper (including a statement of the qualifications of the person thereby proposed for the panel to which he is so proposed) and shall be signed by the Taoiseach; (d) the proposal for nomination paper shall be delivered or sent to the Seanad returning officer and shall be so sent or delivered that it is received by him within ten days after the expiration of the time for general panel proposed nominations. (6) On receipt of proposals for nominations under subsection (4) of this section in respect of a panel, the Seanad returning officer shall prepare, in respect of the panel, a list (in this Act also referred to as a nominating bodies list) in the prescribed form of the persons in respect of whom he has received proposals for nominations to such panel by nominating bodies or the Taoiseach and such list shall have effect in substitution for the previous nominating bodies list in respect of the panel. (7) In preparing the nominating bodies lists, the Seanad returning officer shall not— (a) include the name of a person whose proposal for nomination has been received after the expiration of the time for general panel proposed nominations, (b) include the name of a person whose proposal for nomination is declared by this Act to be wholly void, or (c) include the name of a person more than once in the same list. (8) In this section, the expression “the appropriate number” means— (a) if one nominating body, and no more, or two nominating bodies, and no more, is or are entitled to propose for nomination to the relevant panel— (i) in case such panel is the cultural and educational panel—six, (ii) in case such panel is the agricultural or the labour panel—fourteen, (iii) in case such panel is the industrial and commercial panel—twelve, (iv) in case such panel is the administrative panel—eight, (b) if three or more nominating bodies are entitled to propose for nomination to the relevant panel— (i) in case such panel is the cultural and educational panel—ten, (ii) in case such panel is the agricultural or the labour panel—eighteen, (iii) in case such panel is the industrial and commercial panel—sixteen, (iv) in case such panel is the administrative panel — twelve. Method of nomination by members of Oireachtas. 29.—(1) A nomination at a Seanad general election by members of the Oireachtas shall be made in accordance with the following provisions: (a) the nomination shall be made in writing on a nomination paper in the prescribed form; (b) the nomination paper shall contain the particulars required by the prescribed form of nomination paper to be stated therein, including a statement of the qualifications of the person thereby nominated for the panel to which he is so nominated; (c) the nomination paper shall be signed by each of the members of the Oireachtas making a nomination thereby; (d) the nomination paper shall be delivered or sent by post to the Seanad returning officer. (2) If a member of the Oireachtas signs as a nominator two or more nomination papers, both or all of the nomination papers shall be wholly void. Preparation of provisional Oireachtas sub-panels. 30.—(1) Immediately after the expiration of the time for Oireachtas panel nominations, the Seanad returning officer shall prepare, in respect of each panel, a list (in this Act referred to as a provisional Oireachtas sub-panel) in the prescribed form of the persons in respect of whom he has received, before the expiration of the sai …