Next (SCHEDULE)

36 1990

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Number 36 of 1990


ELECTORAL (AMENDMENT) ACT, 1990


ARRANGEMENT OF SECTIONS

Section

1.

Interpretation.

2.

Number of members of Dáil Éireann.

3.

Constituencies.

4.

Number of members to be returned for a constituency.

5.

Temporary arrangements with respect to register of electors.

6.

Temporary arrangements with respect to certain polling districts.

7.

Repeal.

8.

Short title, construction and collective citation.


SCHEDULE

Acts Referred to

Electoral Acts, 1963 to 1989

Electoral Act, 1963

1963, No. 19

Electoral (Amendment) Act, 1983

1983, No. 36

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Number 36 of 1990


ELECTORAL (AMENDMENT) ACT, 1990


AN ACT TO PROVIDE FOR THE NUMBER OF MEMBERS OF DÁIL ÉIREANN AND FOR THE REVISION OF CONSTITUENCIES AND TO AMEND THE LAW RELATING TO THE ELECTION OF SUCH MEMBERS. [26th December, 1990]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Interpretation.

1. —(1) In this Act “the Minister” means the Minister for the Environment.

(2) In the Schedule to this Act—

(a) a reference to a former rural district shall be construed as a reference to that district as constituted immediately before the 1st day of October, 1925, and

(b) a reference to a line drawn along any road, lane or canal shall be construed as a reference to a line drawn along the centre of such road, lane or canal.

Number of members of Dáil Éireann.

2. —Dáil Éireann shall, after the dissolution thereof which next occurs after the passing of this Act, consist of 166 members.

Constituencies.

3. —(1) The members of Dáil Éireann shall, after the dissolution of Dáil Éireann which next occurs after the passing of this Act, represent the constituencies specified in the Schedule to this Act.

(2) An area specified in the Schedule to this Act shall be taken to be that area as constituted on the 1st day of January, 1990, but if any doubt arises as to the constituency in which any townland or part thereof, any road or street or part thereof, or any part of a ward, is included, the doubt shall, subject to section 1 (2) (b) of this Act, be determined by the Minister.

Number of members to be returned for a constituency.

4. —A constituency specified in the Schedule to this Act shall return the number of members set out in respect thereof in the third column of that Schedule.

Temporary arrangements with respect to register of electors.

5. —(1) Where a polling district or part of a polling district is situate in a constituency specified in the Schedule to this Act which is identical in area with none of the constituencies existing on the passing of this Act, the Minister may by direction provide for the entry of the name of that constituency in respect of the polling district or part of the polling district, in every draft register, list of claimants, register of electors and list of corrections prepared under Part II of the Electoral Act, 1963 , and published by a registration authority before the dissolution of Dáil Éireann which next occurs after the passing of this Act.

(2) Where a constituency specified in the Schedule to this Act is identical in area with none of the constituencies existing at the passing of this Act, a postal voters list or lists and a special voters list or lists shall be prepared in respect of it by the registration authority or registration authorities concerned as soon as may be after such passing.

Temporary arrangements with respect to certain polling districts.

6. —(1) Where a polling district existing at the passing of this Act is not wholly situate within one of the constituencies specified in the Schedule to this Act, the appropriate officer, after consultation with the returning officer for the constituency concerned, shall, with respect to the part of the polling district situate in a constituency so specified—

(a) join it or parts of it with any adjoining polling district or districts, or

(b) constitute it as a polling district and appoint a polling place for it.

(2) An arrangement made pursuant to paragraph (a) or paragraph (b) of subsection (1) of this section—

(a) shall be subject to confirmation by the Minister who may confirm the arrangement with or without modification,

(b) shall not have effect in relation to any bye-election occurring before the dissolution of Dáil Éireann which next occurs after the passing of this Act, and

(c) shall have effect until (and only until) the first scheme under section 22 of the Electoral Act, 1963 , in relation to the county or county borough in which the polling district is situate comes into operation after the passing of this Act.

(3) In this section “the appropriate officer” means—

(a) in relation to a polling district situate in a county borough, the manager for the purposes of the Acts relating to the management of the county borough (including a person duly appointed either as deputy for such manager or to act in the place of such manager during his absence or incapacity or during a vacancy in the office of such manager),

(b) in relation to any other polling district, the secretary of the council of the county in which the polling district is situate (including a person duly appointed either as deputy for such secretary or to act in the place of such secretary).

Repeal.

7. —(1) The Electoral (Amendment) Act, 1983 , is hereby repealed.

(2) Subsection (1) of this section shall come into operation on the dissolution of Dáil Éireann which next occurs after the passing of this Act.

Short title, construction and collective citation.

8. —(1) This Act may be cited as the Electoral (Amendment) Act, 1990.

(2) This Act and the Electoral Acts, 1923 to 1989, shall be construed together as one Act and may be cited together as the Electoral Acts, 1923 to 1990.