Seanad Electoral (Panel Members) Act, 1947

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Transitory provisions.

85.—(1) The following provisions shall, notwithstanding any other provisions of this Act, have effect in relation to any Seanad general election held consequent on dissolution of Dáil Éireann occurring during the period beginning on the passing of this Act and ending on the publication under section 15 of this Act of the register of nominating bodies:

(a) the register published in the Iris Oifigiúil under section 19 of the Seanad Electoral (Panel Members) Act, 1937 (No. 43 of 1937), on the 25th day of March, 1947, shall be deemed to be the register of nominating bodies;

(b) that register shall, for the purposes of sections 21 and 22 of this Act, be deemed to have been published on the passing of this Act;

(c) the person who, immediately before the passing of this Act, stood appointed under section 5 of the Seanad Electoral (Panel Members) Act, 1937 , shall be deemed to be the Seanad returning officer, but if that person is unable through illness, absence or other cause to fulfil his duties, such person as may be appointed in that behalf by the Minister shall be deemed to be the Seanad returning officer;

(d) the Clerk of Seanad Éireann shall not later than thirty days after the dissolution of Dáil Éireann send to the Seanad returning officer a statement of the names, addresses and descriptions of the members of Seanad Éireann who are entitled to be members of the electorate at the Seanad general election;

(e) the Clerk of Seanad Éireann shall be deemed to be an authorised person for the purpose of rule 8 of the rules contained in the First Schedule to this Act;

(f) the Seanad returning officer shall, in lieu of retaining the duplicate certificate referred to in rule 27 of the rules contained in the First Schedule to this Act, send such duplicate to the Clerk of Seanad Éireann.

(2) The following provisions shall, notwithstanding any other provisions of this Act, have effect in relation to any Seanad bye-election held consequent on a notice of a casual vacancy sent or deemed to be sent to the Minister during the period beginning on the passing of this Act and ending on the publication under section 15 of this Act of the register of nominating bodies:—

(a) the register published under section 19 of the Seanad Electoral (Panel Members) Act, 1937 (No. 43 of 1937), on the 20th day of March, 1947, shall be deemed to be the register of nominating bodies;

(b) that register shall, for the purposes of sections 21 and 22 of this Act, be deemed to have been published on the passing of this Act;

(c) the person, who, immediately before the passing of this Act, stood appointed under section 5 of the Seanad Electoral (Panel Members) Act, 1937 , shall be deemed to be the Seanad returning officer, but if that person is unable through illness, absence or other cause to fulfil his duties, such person as may be appointed in that behalf by the Minister shall be deemed to be the Seanad returning officer;

(d) if the election is to fill an Oireachtas sub-panel casual vacancy and it is adjourned for the purpose of taking a poll—

(i) the Seanad returning officer shall forthwith on the adjournment inform the Clerk of Seanad Eireann in writing of the adjournment, and send to him a copy of the list of candidates, and the said Clerk shall, not later than four days after being so informed, furnish to the Seanad returning officer a statement of the names, addresses, and descriptions of all the members of Seanad Eireann who are then entitled to sit and vote in that House,

(ii) the said statement and the statement furnished by the Clerk of Dáil Éireann pursuant to subsection (1) of section 69 of this Act shall together be deemed to be the electoral roll constituted under the said section 69 for the election;

(e) the Seanad returning officer shall, in lieu of retaining the duplicate certificate referred to in rule 23 of the rules contained in the Third Schedule to this Act, send such duplicate to the Clerk of Seanad Éireann.

(3) A notice sent under section 5 of the Seanad Electoral (Panel Members) (Bye-Elections) Act, 1940 (No. 20 of 1940) during the six months ending on the passing of this Act shall be deemed to be a notice of a casual vacancy sent to the Minister under this Act on the passing thereof.

(4) Notwithstanding section 44 of this Act, a person shall not be a member of the electorate at a Seanad general election by reason only of the fact that he was a member of the council of the county of Dublin at any time before the passing of this Act.