PART I.

Preliminary and General.

1. —This Act may be cited as the Seanad Electoral (Panel Members) (Bye-Elections) Act, 1940.

2. —(1) In this Act the expression “the Principal Act” means the Seanad Electoral (Panel Members) Act, 1937 (No. 43 of 1937).

(2) This Act shall be construed as one with the Principal Act and accordingly (save as is otherwise provided by this Act) every word or expression to which a particular meaning is assigned by or in the Principal Act for the purposes of that Act shall, in this Act, have the meaning so assigned to it.

3. —In this Act—

the expression “Seanad bye-election” means an election under this Act;

the word “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 under the Principal Act at the next preceding Seanad election or was elected at a Seanad bye-election since such next preceding Seanad election;

the expression “nominating bodies sub-panel vacancy” means a vacancy occasioned by the death, resignation, or disqualification of a member of Seanad Eireann who was elected at the next preceding Seanad 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 election;

the expression “Dáil sub-panel vacancy” means a vacancy occasioned by the death, resignation, or disqualification of a member of Seanad Eireann who was elected at the next preceding Seanad election from a Dáil 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 election.

4. —(1) The expression “Seanad election” wherever it occurs in section 5 of the Principal Act shall include an election under this Act, and that section shall apply and have effect accordingly.

(2) The expression “this Act” where it occurs in section 7 or in section 8 of the Principal Act shall include this present Act, and those sections shall be construed and have effect accordingly.

5. —(1) Whenever a vacancy occurs in the membership of Seanad Eireann, the Clerk of Seanad Eireann shall, on the direction of Seanad Eireann, send to the Minister notice (in this Act referred to as notice of a vacancy) in writing of such vacancy.

(2) Every notice of a vacancy shall state, in respect of the member whose death, resignation, or disqualification occasioned the vacancy, the panel and sub-panel from which such member was elected at the next preceding Seanad election or, if such member was elected at a Seanad bye-election, the panel and sub-panel from which the member whose place he was so elected to fill (whether directly or indirectly) was elected at the next preceding Seanad election.

(3) Every vacancy which occurred in the membership of Seanad Eireann after the Seanad election next preceding the passing of this Act and before such passing shall be deemed, for the purposes of this Act, to have occurred immediately after such passing.

6. —(1) Whenever the Minister receives from the Clerk of Seanad Eireann a notice of a vacancy, the Minister shall, as soon as conveniently may be and in any case not more than one hundred and eighty days after receiving such notice, make an order (in this Act referred to as a bye-election order) directing an election to be held in accordance with this Act to fill such vacancy and stating the panel and sub-panel in respect of which such vacancy occurred and appointing for the purposes of such election the times and places mentioned in whichever of the two next following sub-sections of this section is applicable.

(2) Where the vacancy in respect of which a bye-election order is made is a nominating bodies sub-panel vacancy, the bye-election order shall appoint—

(a) the place at which the nominating meeting will be held and the time at which it will commence, and

(b) the day on which and the place at which the Seanad returning officer will sit for the ruling upon nominations, and

(c) the address of the Seanad returning officer.

(3) Where the vacancy in respect of which a bye-election order is made is a Dáil sub-panel vacancy, the bye-election order shall appoint—

(a) the day which will be the last day for receiving nominations, and

(b) the day on which and the place at which the Seanad returning officer will sit for the ruling upon nominations, and

(c) the day which will be the day of issue of ballot papers, and

(d) the day and hour of the close of the poll, and

(e) the address of the Seanad returning officer.

(4) Every bye-election order shall be published in the Iris Oifigiúil as soon as may be after it is made.

7. —(1) Whenever a dissolution of Dáil Eireann takes place after a notice of a vacancy has been received by the Minister and before a bye-election order has been made in respect of such vacancy, such notice shall become and be annulled by such dissolution and, notwithstanding anything contained in this Act, no bye-election order shall be made in respect of such vacancy.

(2) Whenever a dissolution of Dáil Eireann takes place after a bye-election order has been made and before the election in pursuance of such order has been completed, such order shall become and be annulled by such dissolution and no further steps shall be taken in respect of such order, but such annulment shall not prejudice or affect the right of the Seanad returning officer to be paid under section 5 of the Principal Act his reasonable charges and expenses in respect of his services rendered and expenses incurred in relation to such election before such dissolution.

8. —If at any time the Minister has received two or more notices of a vacancy which have not been annulled by a dissolution of Dáil Eireann and in respect of which he has not made a bye-election order, separate bye-election orders shall be made and separate elections shall be held in respect of each of the vacancies to which such notices relate.