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42 1947

SEANAD ELECTORAL (PANEL MEMBERS) ACT, 1947

PART I.

Preliminary and General.

Short title.

1. —This Act may be cited as the Seanad Electoral (Panel Members) Act, 1947.

Definitions.

2. —In this Act-

the expression “the administrative panel” has the meaning assigned to it in section 3;

the expression “the agricultural panel” has the meaning assigned to it in section 3;

the expression “annual revision” has the meaning assigned to it in section 16;

the expression “the appeal board” has the meaning assigned to it in section 12;

the expression “casual vacancy” means a vacancy in the membership of Seanad Eireann occasioned by the death, resignation or disqualification of a member of Seanad Eireann who was elected at the next preceding Seanad general election or was elected at a Seanad bye-election since the next preceding Seanad general election;

the expression “certificate of provisional election” has the meaning assigned to it in section 63;

the expression “close of the poll” has (as may be appropriate) the meaning assigned to it in section 24 or the meaning assigned to it in section 56;

the expression “the completion of the panels” has the meaning assigned to it in section 36;

the expression “the cultural and educational panel” has the meaning assigned to it in section 3;

the expression “Dáil election” means a general election of members of Dáil Eireann held in consequence of a dissolution of Dáil Eireann;

the expression “the expiration of the time for general panel proposed nominations” has the meaning assigned to it in section 24;

the expression “the expiration of the time for Oireachtas panel nominations” has the meaning assigned to it in section 24;

the expression “the industrial and commercial panel” has the meaning assigned to it in section 3;

the expression “the labour panel” has the meaning assigned to it in section 3;

the expression “the list of candidates” has the meaning assigned to it in section 68;

the expression “member of the Oireachtas” means a member of Dáil Eireann or a member of Seanad Eireann;

the expression “the Minister” means the Minister for Local Government;

the expression “nominating bodies” has the meaning assigned to it in section 8;

the expression “nominating bodies list” has the meaning assigned to it in section 28;

the expression “nominating bodies sub-panel” has the meaning assigned to it in section 43;

the expression “nominating bodies sub-panel casual vacancy” means a casual vacancy occasioned by the death, resignation or disqualification of a member of Seanad Eireann who was elected at the next preceding Seanad general election from a nominating bodies sub-panel or who was elected at a Seanad bye-election to fill (whether directly or indirectly) the place of a member who was so elected at such Seanad general election;

the expression “nomination committee” has the meaning assigned to it in section 21;

the expression “nomination committee (bye-election) meeting” has the meaning assigned to it in section 59;

the expression “nomination committee (general election) meeting” has the meaning assigned to it in section 32;

the expression “notice of a casual vacancy” has the meaning assigned to it in section 55;

the expression “Oireachtas sub-panel” has the meaning assigned to it in section 43;

the expression “Oireachtas sub-panel casual vacancy” means a casual vacancy occasioned by the death, resignation or disqualification of a member of Seanad Eireann who was elected at the next preceding Seanad general election from an Oireachtas sub-panel or who was elected at a Seanad bye-election to fill (whether directly or indirectly) the place of a member who was so elected at such Seanad general election;

the word “panel” has the meaning assigned to it in section 3;

the word “prescribed” means prescribed by regulations made by the Minister under this Act;

the expression “provisional nominating bodies sub-panel” has the meaning assigned to it in section 35;

the expression “the register of nominating bodies” has the meaning assigned to it in section 8;

the expression “the ruling upon nomination” has (as may be appropriate) the meaning assigned to it in section 64 or the meaning assigned to it in section 68;

the expression “Seanad bye-election” means an election to fill a casual vacancy;

the expression “Seanad bye-election order” has the meaning assigned to it in section 56;

the expression “Seanad general election” means so much of a general election of members of Seanad Eireann held in pursuance of Article 18 of the Constitution as relates to the election of those members who are required by that Article to be elected from panels;

the expression “Seanad general election order” has the meaning assigned to it in section 24;

the expression “Seanad returning officer” has the meaning assigned to it in section 4;

the word “sub-panel” has the meaning assigned to it in section 43.

The panels.

3. —(1) In this Act—

the word “panel” when used without qualification means a panel of candidates formed in pursuance of subsection 1° of section 7 of Article 18 of the Constitution;

the expression “the cultural and educational panel” means the panel required by the said subsection 1° to contain the names of persons having knowledge and practical experience of the following interests and services, namely, the national language and culture, literature, art, education and such professional interests as may be defined by law for the purpose of this panel;

the expression “the agricultural panel” means the panel required by the said subsection 1° to contain the names of persons having knowledge and practical experience of the following interests and services, namely, agriculture and allied interests, and fisheries;

the expression “the labour panel” means the panel required by the said subsection 1° to contain the names of persons having knowledge and practical experience of the following interests and services, namely, labour, whether organised or unorganised;

the expression “the industrial and commercial panel” means the panel required by the said subsection 1° to contain the names of persons having knowledge and practical experience of the following interests and services, namely, industry and commerce, including banking, finance, accountancy, engineering, and architecture;

the expression “the administrative panel” means the panel required by the said subsection 1° to contain the names of persons having knowledge and practical experience of the following interests and services, namely, public administration and social services, including voluntary social activities.

(2) The professional interests for the purposes of the cultural and educational panel are hereby defined as—

(a) law, and

(b) medicine, including surgery, dentistry, veterinary medicine, and pharmaceutical chemistry.

The Seanad returning officer.

4. —(1) The person who for the time being holds the office of Clerk of Seanad Éireann shall be the Seanad returning officer for the purposes of this Act.

(2) It shall be the duty of the Seanad returning officer to conduct every Seanad general election and every Seanad bye-election, to count the votes cast thereat, to ascertain and declare the result thereof in accordance with this Act, and to do such other things in respect of every such election as he is required by this Act to do.

(3) The Minister for Finance shall pay to the Seanad returning officer the amount of his reasonable charges, not exceeding such amount as may be sanctioned by that Minister, in respect of the performance by the Seanad returning officer of his duties under this Act out of the Central Fund or the growing produce thereof.

(4) If and so long as the office of Clerk of Seanad Éireann is vacant or the holder of that office is unable through illness, absence or other cause to fulfil his duties, the Clerk-Assistant of Seanad Éireann shall act as Seanad returning officer and references in this Act to the Seanad returning officer shall have effect accordingly.

Regulations.

5. —The Minister may make regulations prescribing any matter or thing referred to in this Act as prescribed or to be prescribed.

Expenses.

6. —The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Repeals.

7. —The Seanad Electoral (Panel Members) Act, 1937 (No. 43 of 1937), and the Seanad Electoral (Panel Members) (Bye-Elections) Act, 1940 (No. 20 of 1940), are hereby repealed.