S.I. No. 180/2009 - Local Elections (Forms) (Amendment) Regulations 2009

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 15th May, 2009.

The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by section 3 of the Local Elections (Disclosure of Donations and Expenditure) Act 1999 , as amended, hereby makes the following Regulations:

1. These Regulations may be cited as the Local Elections (Forms) (Amendment) Regulations 2009.

2. The Local Elections (Forms) Regulations 2009 ( S.I. No. 116 of 2009 ) are hereby amended by the substitution of the following Part for Part 9 of Form 2 in the Schedule to the said Regulations:

“9. Statutory Declaration

THE FOLLOWING STATUTORY DECLARATION MUST BE MADE BY THE NATIONAL AGENT/DESIGNATED PERSON OR THIRD PARTY (delete as appropriate).

I .......................... do solemnly and sincerely declare that the above statement is, to the best of my knowledge and belief, correct in every material respect and that I took all reasonable action in order to be satisfied as to its accuracy. I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1938 .

Signed . [national agent/designated person/third party]

Declared before me .............................. [name in capitals] a [notary public] [commissioner for oaths] [peace commissioner]

by [name of national agent/designated person/third party]

who is personally known to me,

or

who is identified to me by who is personally known to me

or

whose identity has been established to me before the making of this Declaration by the production to me of

passport no. .. [passport number] issued on . [date of issue] by the authorities of [issuing state], which is an authority recognised by the Irish Government

or

national identity card no. [identity card number] issued on ..[date of issue] by the authorities of .. [issuing state] which is an EU Member State, the Swiss Confederation or a Contracting Party to the EEA Agreement

or

Aliens Passport no. .. (document equivalent to a passport) [passport number] issued on ..[date of issue] by the authorities of ..[issuing state] which is an authority recognised by the Irish Government

or

refugee travel document no. ..[document number] issued on ..[date of issue] by the Minister for Justice, Equality and Law Reform

or

travel document (other than refugee travel document) [document no.] issued on ..[date of issue] by the Minister for Justice, Equality and Law Reform

at [place of signature]

this..day of [date]

. [signature of witness]

PENALTIES

A person who knowingly makes a false or misleading statutory declaration is liable on conviction to a fine not exceeding €3,000 or imprisonment for a term not exceeding six months or both.”.

GIVEN under my Official Seal,

13 May 2009

JOHN GORMLEY,

Minister for the Environment, Heritage and Local Government.

EXPLANATORY NOTE

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

These Regulations provide for the amendment of the Local Elections (Forms) Regulations 2009 by the substitution of a revised Part for Part 9 of Form 2 in the Schedule to the said Regulations. Form 2 is the prescribed form to be used by national agents, designated persons and third parties for furnishing statements of donations and election expenses at local elections in accordance with section 13 of the Local Elections (Disclosure of Donations and Expenditure) Act 1999 .