No. 40/1980:

ELECTORAL (AMENDMENT) (NO. 2) ACT, 1980

ARRANGEMENT OF SECTIONS

1 Amendment of section 14 of Electoral Act, 1963.

2 Short title and collective citation.

AN ACT TO AMEND SECTION 14 of THE ELECTORAL ACT, 1963 .

[23rd December, 1980]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1.— Section 14 of the Electoral Act, 1963 , is hereby amended by—

( a ) the substitution of the following paragraph for paragraph (b) of subsection (1):

"( b ) if a revision of constituencies takes effect on the dissolution—

(i) in case on such revision there is a new constituency which either consists of or includes the constituency referred to in paragraph (a) of this subsection, that new constituency,

(ii) in case on such a revision there is not such a new constituency, the constituency specified for the time being in a declaration under this section."; and

( b ) the insertion of the following subsection after subsection (1):

"(1A) ( a ) Where, by reason of a revision of constituencies which is to take effect on the dissolution of the Dáil next following the revision, the Chairman of Dáil Éireann may not be deemed under subsection (1) of this section to be elected either for the constituency for which he is a member of the Dáil or for a new constituency described in subparagraph (i) of subsection (1) (b) of this section, he shall for the purposes of this section make a declaration specifying a constituency.

( b ) A constituency specified in a declaration made under this section shall be a constituency specified in the Act providing for the revision which includes part of the constituency for which the person making the declaration is a member of the Dáil at the time when the declaration is made.

( c ) The following provisions shall apply as regards a declaration made under this section:

(i) the declaration, which shall be in writing, shall be addressed to the Clerk of Dáil Éireann,

(ii) the Chairman of Dáil Éireann by whom it is made shall, in such manner as in the particular circumstances he considers appropriate, notify the members of the Dáil of the declaration,

(iii) the declaration shall be made,

(I) in case the person by whom it may be made is Chairman of Dáil Éireann at the time at which the Act providing for the revision of constituencies is enacted, as soon as may be after such enactment,

(II) in case the person by whom it may be Made becomes Chairman of Dáil Éireann after such Act is enacted, as soon as may be after he becomes Chairman of Dáil Éireann, and

(iv) in case the person by whom the declaration is made ceases to be Chairman of Dáil Éireann before the Dáil is dissolved, the declaration shall cease to have effect.".

2.—(1) This Act may be cited as the Electoral (Amendment) (No. 2) Act, 1980 .

(2) The collective citation "the Electoral Acts, 1923 to 1980" shall include this Act.

ACT REFERRED TO