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Amendment of Part V of Principal Act.
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11.—Part V of the Principal Act is hereby amended by the substitution for Chapter II of the following Chapter:
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“Chapter II.
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Nominating Bodies Sub-panel Casual Vacancies.
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58A. (1) Where the Minister makes a Seanad bye-election order in respect of a casual vacancy in the membership of Seanad Éireann which is stated in such order to be a vacancy in respect of the nominating bodies sub-panel of a particular panel—
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(a) the Seanad returning officer shall hold, in accordance with this Act, an election to fill the vacancy,
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(b) a nominating body which is registered in the register of nominating bodies in respect of such panel shall be entitled to nominate one candidate for election, and
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(c) within ten days after the making of such order, the Seanad returning officer shall send by post to every nominating body registered in the register of nominating bodies in respect of such panel a form of nomination paper and also a notice in the prescribed form informing the body of its right to nominate one candidate for election and giving to the body such information and instructions in relation to the making of the nomination as the Minister thinks proper to prescribe.
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(2) A nomination such as aforesaid shall be made in accordance with the following provisions:
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(a) the nomination shall be made in writing on a nomination paper in the prescribed form;
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(b) the nomination paper shall contain the particulars required by the prescribed form of nomination paper to be stated therein, and in particular, a statement of the qualification of the person thereby nominated for the panel mentioned in the relevant Seanad bye-election order, and shall be signed by the nominating body;
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(c) where the nominating body is a body corporate, the nomination paper shall be signed by the body by affixing to such paper the seal of the body in the manner and with the counter-signatures required by the constitution, articles of association, or other regulations of the body;
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(d) where the nominating body is not a body corporate, the nomination paper shall be signed in the name of the body by some person having authority to sign in that name;
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(e) the nomination paper shall be delivered to or sent by post to the Seanad returning officer.
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(3) In the case of the Irish County Councils' General Council or the Association of Municipal Authorities of Ireland, the person nominated under this section shall be chosen by the members of the body voting on the system of proportional representation by means of the single transferable vote.
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(4) A nomination paper which purports to be sealed with the seal of a body corporate which is a nominating body and to be countersigned shall, until the contrary is proved, be deemed to have been so sealed in the manner and with the counter-signatures required by the constitution, articles of association, or other regulations of the body.
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(5) A nomination paper which purports to be signed in the name of an unincorporated body which is a nominating body shall, until the contrary is proved, be deemed to have been so signed by a person having authority to sign in that name.
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(6) Where a nominating body purports to nominate more than one person by the same nomination paper or by separate nomination papers, the nomination paper or nomination papers shall be wholly void.
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(7) The Seanad returning officer shall furnish free of charge on request to a nominating body such number of forms of nomination paper (in addition to the form which he is required by subsection (1) of this section to send to the body) as the body may reasonably require.
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(8) The provisions of subsections (2), (3), (4) and (6) of section 67 and of sections 68, 68A, 69, 70, 71, 72, 73, 74 and 75 of this Act shall apply in relation to a nominating bodies sub-panel casual vacancy in like manner as they apply in relation to an Oireachtas sub-panel casual vacancy.”
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