S.I. No. 31/2000 - Fisheries (Amendment) Act, 1991 (Fisheries Co-Operative Societies 2000 Election and Ballot) Rules, 2000

WHEREAS:

1. Section 28 (2) of the Fisheries (Amendment) Act, 1999 (No. 35 of 1999) provides that, in relation to the first election of members to a management committee of a fisheries co-operative society after the commencement of that section “the persons entitled to vote at that election, to nominate a candidate for election and to accept nomination and stand as a candidate for election, shall be determined as if the election date were the third Tuesday in December, 1999”.

2. By the Regional Fisheries Boards (Date for Holding of First Elections after Commencement of Section 7 of Fisheries (Amendment) Act, 1999) Order 2000 ( S.I. No. 30 of 2000 ) the 20th day of March, 2000 was fixed as the day for the holding of the first election of members to each of the regional fisheries boards after the commencement of section 7 of the Fisheries (Amendment) Act, 1999 .

3. By section 6 (2) of the Fisheries (Amendment) Act, 1991 (No. 26 of 1991) the elections of members of the management committees of fisheries co-operative societies are to be held at the same time as the election of the regional fisheries boards of the regions of which the societies' area consists or forms part.

4. Section 7 of the Fisheries (Amendment) Act, 1999 was commenced on the 20th day of December, 1999.

5. To assist the returning officers in the conducting of the elections, it is desirable to make clear how the rules of the Societies are to be applied in the election of the management committees.

I, FRANK FAHEY, Minister for the Marine and Natural Resources, in exercise of the powers conferred on me by section 5 of the Fisheries (Amendment) Act, 1991 and section 15 of the Interpretation Act, 1937 , as amended, and the Marine (Alteration of Name of Department and Title of Minister) Order, 1997 ( S.I. No. 301 of 1997 ), make the following rules for the regulation of the fisheries co-operative societies:

1. These rules may be cited as the Fisheries (Amendment) Act, 1991 (Fisheries Co-operative Societies 2000 Election and Ballot) Rules, 2000.

2. In these rules—

“1992 Rules” mean the Fisheries (Amendment) Act, 1991 (Fisheries Co-operative Societies) Rules, 1992 ( S.I. No. 127 of 1992 );

“society” means a fisheries co-operative society established under section 4 of the Fisheries (Amendment) Act, 1991 .

3. These rules apply only to—

(a) the election of members of the management committee of a society to be held in the year 2000 before 1 October of that year, and

(b) a ballot for the purposes of section 11 (7) of the Fisheries (Amendment) Act, 1991 to be held at the same time as such an election,

and they apply notwithstanding any other provision in the 1992 Rules.

4. The Minister shall fix a time and date during the month of February, 2000 which shall be the latest time for receipt of nominations of candidates for election as members of the management committee of each society and the returning officer for that election shall, in accordance with the 1992 Rules, invite nominations stating that time and date.

5. Where the 1992 Rules provide a form to be used in connection with an election to which these rules apply and the form provides for the disclosure of a current share certificate number, the share certificate number shall be given in respect of shares issued in the year 1999.

6. The forms provided for in the 1992 Rules, with the necessary modifications, shall be used in connection with an election to which these rules apply.

7. Rule 22 of the 1992 Rules, apply as if in rule 22(2) of those Rules the reference to “1st day of October in the election year” were a reference to “1st day of October, 1999”.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These rules provide for the application of the rules of fisheries co-operative societies in the case of an election to a management committee on 20 March 2000 with the modifications necessary due to the departure from the usual election date of the third Tuesday in December.