| |
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.
|
