Electoral (Dublin Commercial) Act, 1930
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FIRST SCHEDULE. Registration of Electors. | ||
Definitions. | ||
1. In this schedule— | ||
the expression “City election” means an election of members of the City Council; | ||
the expression “the first City election” means the first City election held after the passing of this Act; | ||
the word “register” means a register of commercial electors prepared under this Act; | ||
the expression “the first register” means the first register prepared after the passing of this Act; | ||
references to the office of the registration officer shall be construed as references to that portion of the offices of the Dublin City Manager and Town Clerk which is for the time being allocated by him to the transaction of the business of the registration officer under this Act; | ||
the expression “business hours” in relation to the office of the registration officer means any time during which that office is open for the transaction of business. | ||
Order of names in register. | ||
2. (1) Every register shall be framed in one part and the names contained in any such register shall be arranged therein in alphabetical order subject to the following modifications, that is to say:— | ||
(a) individuals having the same surname shall be arranged amongst themselves in the alphabetical order of their first names and, where necessary, of their second and other names; and | ||
(b) partnerships whose names begin with the same name shall be arranged amongst themselves in the alphabetical order of their other names; and | ||
(c) partnerships whose names begin with an initial or a name which is not a surname shall be placed in the alphabetical position appropriate to the first, and where necessary the second and other, surnames in their names; and | ||
(d) in the case of partnerships, unincorporated associations, and corporate bodies whose names begin with the definite article, that article shall be disregarded for the purpose of determining their alphabetical positions in the register. | ||
(2) No error in the arrangement of the names in the register nor any failure to place a name in its proper alphabetical position shall invalidate the register or the registration of the name so misplaced. | ||
Form of register. | ||
3. (1) Every register shall be in the prescribed form and shall show in respect of every person registered therein the following matters and such other matters as shall be prescribed, that is to say:— | ||
(a) the full name and address of such person; and | ||
(b) whether such person is an individual, partnership, unincorporated association, or corporate body; and | ||
(c) the premises or all the several premises in respect of which such person is registered; and | ||
(d) the value within the meaning of section 35 of the Local Government (Dublin) Act, 1930 (No. 27 of 1930) of the premises or the respective such values of the several premises in respect of which such person is registered; and | ||
(e) the number of votes to which such person is entitled. | ||
(2) For the purposes of this rule, the address of a person who is registered in the register in respect of one premises only shall be the postal address of such premises and the address of a person who is so registered in respect of two or more premises shall be the postal address of such one of those premises as such person shall indicate to the registration officer, or, in default of such indication, as the registration officer shall consider to be most convenient. | ||
House to house inquiry. | ||
4. It shall be the duty of the registration officer whenever he is required by this Act to prepare a register (other than the first register) to cause a house to house or other sufficient inquiry to be made with a view to ascertaining the persons appearing to be entitled to be registered in such register and the particulars in respect of each such person which are required by or under this Act to be stated in such register. | ||
Obligation of occupier to give information. | ||
5. (1) The registration officer may, by notice in the prescribed form, sent by post or otherwise, require any person occupying premises in the City to give in the prescribed form any information in his possession which the registration officer may require for the purposes of the preparation of any register and it shall be the duty of such person to give such information accordingly. | ||
(2) Every person who fails to give any information which he is required by the registration officer to give under this rule or gives any such information which is false or misleading in any material respect shall be guilty of an offence under this rule and shall be liable on summary conviction thereof to a fine not exceeding twenty pounds. | ||
Notice for claims for the first register. | ||
6. (1) For the purposes of the preparation of the first register, it shall be the duty of the registration officer to publish at the prescribed time and to keep published during the prescribed period a notice in the prescribed form stating that such register is being prepared and inviting persons who claim to be entitled to be registered in such register to send to the registration officer on or before a specified date notice of such claim and stating the form of and the particulars to be stated in such claim. | ||
(2) The date to be specified in the said notice published under this rule as the day on or before which claims are to be sent to the registration officer shall be such date as shall be prescribed in that behalf. | ||
(3) The registration officer shall prepare and publish at the prescribed time and keep published during the prescribed period a list (in this Schedule referred to as a list of claimants and distinguished as the first such list) of all persons in respect of whom claims for registration are sent to him in pursuance of and within the time limited in the notice published by him under this rule. | ||
Publication of electors lists. | ||
7. (1) The registration officer shall, on or before the 29th day of January preceding every City election other than the first City election, prepare and publish a list (in this Schedule referred to as an electors list) of all persons appearing to him to be entitled to be registered in the register to be prepared under this Act for such election and shall keep such list published until the next following 27th day of February. | ||
(2) Every electors list shall contain, in respect of every person whose name is entered therein, the like particulars as are required by or under this Act to be contained in the said register in respect of persons registered therein. | ||
(3) Whenever the registration officer publishes an electors list he shall at the same time and for the same period publish a notice stating the mode in which and the time within which claims and objections in respect of such electors list may be made under these rules. | ||
(4) Whenever the registration officer publishes an electors list he shall, during the period for which such electors list is required by this rule to be kept published, keep in his office a copy of such electors list and permit any person to inspect free of charge such electors list in such office at any time during business hours and shall furnish to any person on payment of the prescribed fee a copy of such electors list or any part or parts thereof for which such person shall apply. | ||
Claims in relation to electors lists. | ||
8. (1) Any person who claims to be entitled to be registered in a register (other than the first register) and whose name does not appear in the electors list published in relation to such register may, on or before the 26th day of February next after the commencement of the publication of such electors list, send to the registration officer a claim in the prescribed form and containing the prescribed particulars, to be registered in such register. | ||
(2) On or before the 12th day of March next after the publication of an electors list the registration officer shall prepare and publish a list (in this Schedule referred to as a list of claimants) in the prescribed form of the names of all persons who have duly made in pursuance of the foregoing sub-rule a claim to be registered. | ||
(3) Every list of claimants shall be kept published until the 27th day of March next after the commencement of the publication thereof. | ||
Objections to electors lists. | ||
9. (1) Any person who claims that any statement contained in an electors list in relation to himself or any other person is incorrect or incomplete or that any person (including himself) whose name is entered in an electors list is not entitled to be registered in the register in relation to which such electors list is prepared, may send to the registration officer, on or before the 19th day of February next after the commencement of the publication of such electors list, an objection in the prescribed form and containing the prescribed particulars to such electors list. | ||
(2) On or before the 5th day of March next after the publication of an electors list the registration officer shall prepare and publish a list in the prescribed form of all objections to such electors list duly sent to him under the foregoing sub-rule and shall keep such list published until the 27th day of March next after the first publication thereof. | ||
Objections to lists of claimants. | ||
10. (1) Any person who claims that any other person whose name is entered in a list of claimants is not entitled to be registered in the register to which such list relates may send to the registration officer, in the case of the first list of claimants, on or before the prescribed day and, in the case of every subsequent list of claimants, on or before the 26th day of March next after the first publication of such list, an objection in the prescribed form and containing the prescribed particulars to such list. | ||
(2) As soon as possible after every day which is the last day for sending to the registration officer objections to a list of claimants the registration officer shall prepare and publish a list in the prescribed form of all objections to such list of claimants duly sent to him under the foregoing sub-rule and shall keep such list of objections published for fourteen days after the commencement of the publication thereof. | ||
Notice to persons objected to. | ||
11. No objection to an electors list or to a list of claimants (other than an objection made by the registration officer) shall be entertained by the registration officer unless the person making such objection has, within the time limited for making such objection, sent a copy of such objection by registered post to the person to whom such objection relates. | ||
Objections by the registration officer. | ||
12. (1) The registration officer may himself at any time object to the registration of any person whose name is entered in an electors list or in a list of claimants and shall, where the time at which he makes such objection so permits, include such objection in the list of objections to such electors list or list of claimants (as the case may be) published under these rules. | ||
(2) Whenever an objection is made by the registration officer under this rule the registration officer shall send notice of such objection by post or otherwise to the person to whom such objection relates. | ||
(3) The registration officer may make such inquiries as he may deem necessary in regard to any name or statement entered in an electors list or a list of claimants. | ||
Consideration of and ruling on claims and objections. | ||
13. (1) As soon as practicable after the day which is prescribed as the last day for sending to the registration officer objections to the first list of claimants the registration officer shall consider all claims sent to him in accordance with these rules for registration in the first register and all objections to the first list of claimants sent to him in accordance with these rules or made by him under these rules and shall rule on every such claim or objection. | ||
(2) As soon as practicable after the 26th day of March next after the publication of an electors list the registration officer shall consider all claims and objections sent to him in accordance with these rules in relation to such electors list and all objections to the relevant list of claimants sent to him in accordance with these rules and all objections made by him to such electors list or such list of claimants, and shall rule on every such claim or objection and shall make such (if any) corrections in such electors list as appear to him to be necessary in consequence of such rulings. | ||
(3) When considering and ruling on a claim or objection in relation to a person who occupies or claims or is alleged to occupy premises partly for the purpose of carrying on therein any business, profession, trade, manufacture or other commercial or industrial pursuit, the registration officer shall consider and, when requisite, rule on the proportion of the valuation under the Valuation Acts of such premises which is fairly attributable to the part thereof so occupied. | ||
(4) Before ruling on any claim or objection the registration officer, if and whenever he considers it necessary or desirable so to do, shall give to the person by whom such claim or objection (not being an objection made by the registration officer) was made and, in the case of an objection (including an objection made by the registration officer), to the person to whom such objection relates an opportunity to be heard in regard to such claim or objection (as the case may be) and shall hear and consider such representations as may be made to him by any such person. | ||
(5) The registration officer may make such inquiries as he may think proper in regard to any claim or objection sent to him under these rules in relation to the first register or in relation to any electors list. | ||
Appeals from the registration officer. | ||
14. (1) Whenever the registration officer rules on a claim or objection he shall, in the case of a ruling in relation to the first register, within three days or, in the case of any other ruling, within seven days after making such ruling, give notice in the prescribed form of such ruling to the person by whom such claim or objection (not being an objection made by the registration officer) was made and, in the case of a ruling allowing an objection (including an objection made by the registration officer), to the person to whom such objection relates. | ||
(2) A person desiring to appeal against a ruling of the registration officer on a claim or an objection shall, within five days after the receipt by him of the said notice of such ruling, give to the registration officer a notice (in this rule referred to as a notice of appeal) in the prescribed form requiring the registration officer to state a case for the opinion of the Circuit Court in relation to such ruling and specifying the matters in respect of which the opinion of the said Court is required. | ||
(3) Any person giving to the registration officer a notice of appeal under this rule in relation to a ruling on an objection shall at the same time give a copy of such notice to the person by whom such objection was made or to whom such objection relates (as the case may require). | ||
(4) Whenever the registration officer receives a notice of appeal under this rule he shall, as soon as conveniently may be, state and send to the county registrar for the City a case for the opinion of the Circuit Court setting out the relevant facts as established to his satisfaction and specifying in accordance with such notice of appeal the matters on which the opinion of the said Court is desired. | ||
(5) The registration officer, when sending to the county registrar for the City a case stated under this rule, shall send to such registrar with such case the originals or copies (as the circumstances may require) of all relevant documents. | ||
Completion and publication of the register. | ||
15. (1) On or before the prescribed day the registration officer shall, from the first list of claimants, the objections to such list sent to him in accordance with these rules, the objections to such list made by him under these rules, and his rulings on the claims in such list and on the said objections, prepare and complete the first register and shall publish such register. | ||
(2) On or before the 1st day of June preceding a City election (other than the first City election) the registration officer shall complete the correction of the electors list prepared for the purpose of the register for such election and shall form such list into a register for such election and shall publish such register. | ||
Publication of register. | ||
16. (1) A register shall be published for the purposes of these rules by the publication in the Iris Oifigiúil of a notice that a copy of such register is open to inspection during business hours at the office of the registration officer and affixing a like notice outside and on or near the door of the said office. | ||
(2) The registration officer shall send to the Minister for Local Government and Public Health a copy of every register published under these rules immediately upon publication thereof and shall thereafter furnish to the said Minister a summary of the contents of such register at such times, in such form and giving such particulars as the Minister shall direct. | ||
(3) The registration officer shall during the prescribed period keep in his office a copy of the register which is for the time being the last register published under this Act and during such period shall permit any person to inspect free of charge such copy in such office during business hours and shall furnish to any person on payment of the prescribed fee a copy of such register or any part or parts thereof for which such person shall apply. | ||
Publication of documents. | ||
17. (1) When the registration officer is by these rules required to publish any document and no specific provision is made as to the mode of publication, he shall publish the document by making copies thereof available for inspection in his office and, if he thinks fit, in any other manner which is in his opinion desirable for bringing the document to the notice of those interested. | ||
(2) Any failure to publish a document in accordance with these rules shall not invalidate the document, but this provision shall not relieve the registration officer from any penalty for such failure. | ||
Forms of claims and objections. | ||
18. The registration officer shall supply free of charge forms of claims and forms of objection to any person applying to him therefor. | ||
Mode of sending notices, etc. | ||
19. (1) Any notice, claim, objection, or other document required or authorised by these rules to be given or sent to the registration officer may be so given or sent by sending the same by prepaid post addressed to the registration officer at his office. | ||
(2) Any notice or other document which is required or authorised by these rules to be sent or given by the registration officer to any person may be so sent or given by sending the same by prepaid post addressed to such person at his latest abode or place of business known to the registration officer. |