PART I

Preliminary and General

1. —(1) This Act may be cited as the European Parliament Elections Act, 1997.

(2) Parts II, III, IV and XXIII of and the Second Schedule to the Act of 1992, so far as they relate to European elections and European electors, and this Act may be cited together as the European Parliament Elections Acts, 1992 to 1997, and shall be construed together as one Act.

(3) This Act shall come into operation on such day or days as may be fixed therefor by order or orders of the Minister either generally or with reference to any particular purpose or provision and different days may be so fixed for different purposes and different provisions of this Act.

(4) An order made under subsection (3) shall be laid before each House of the Oireachtas as soon as may be after it is made.

2. —(1) In this Act—

“the Act of 1992” means the Electoral Act, 1992;

“competent administrative authority” in relation to a Member State means the competent administrative authority designated by that Member State for the purposes of Articles 7, 10 and 13 of the Directive;

“county” means an administrative county;

“Dáil” means Dáil Éireann;

“the Directive” means the Council Directive of 6 December, 1993 (No. 93/109/EC, O.J. No. L329/34 of 30 December, 1993);

“election” means an election of representatives to the European Parliament;

“the European Communities” has the same meaning as in the European Communities Acts, 1972 to 1995;

“European election” has the meaning assigned to it by section 7 ;

“European elector” means a person who is entitled to vote at a European election;

“excluded day” has the meaning given to it by rule 150 of the Second Schedule ;

“home Member State” in relation to any person means the Member State of which the person is a national;

“local returning officer” means a person who pursuant to section 17 (1) is a local returning officer for the purpose of this Act and includes a deputy or acting local returning officer pursuant to that section;

“Member State” means a Member State of the European Communities;

“the Minister” means the Minister for the Environment;

“non-party candidate” means a candidate who is not the candidate of a registered political party;

“the Parliament” means the Parliament of the European Communities;

“petition” means a petition presented to the High Court under this Act;

“the polling day”, except where the context otherwise requires, has the meaning assigned to it by section 10 (1);

“the postal voters list” means the list prepared pursuant to section 14 of the Act of 1992 so far as it relates to European electors;

“registered political party” means a party which pursuant to section 25 of the Act of 1992 is for the time being registered in the Register of Political Parties as a party organised to contest a European election;

“replacement candidate” means a replacement candidate for the purposes of this Act;

“replacement candidates list” has the meaning assigned to it by rule 17 of the Second Schedule ;

“returning officer” means a person who is appointed by the Minister under section 16 (1) to be a returning officer for the purposes of this Act;

“Seanad” means Seanad Éireann;

“the special voters list” means the list prepared pursuant to section 17 of the Act of 1992 so far as it relates to European electors;

“the treaties” means the treaties governing the European Communities (within the meaning of section 1 (as amended, whether before or after the passing of this Act) of the European Communities Act, 1972);

(2) In this Act—

(a) a reference to a section, Schedule or part of a Schedule is to a section of or a Schedule or part of a Schedule to this Act, unless it is indicated that reference to some other enactment is intended;

(b) a reference to a subsection, paragraph, subparagraph or rule is to a subsection, paragraph, subparagraph or rule of the provision (including a Schedule) in which the reference occurs, unless it is indicated that reference to some other provision is intended;

(c) a reference to any enactment shall be construed as a reference to that enactment as amended, adapted or extended by or under any subsequent enactment including this Act.

3. —(1) The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed.

(2) Every regulation made under this Act shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next twenty-one days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.

4. —(1) 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.

(2) The expenses incurred by reason of this Act by An Post (whether such expenses relate to the exercise by candidates of the right of free postage conferred by rule 22 of the Second Schedule or are otherwise so incurred in relation to a European election) shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of the Central Fund or the growing produce thereof.

5. —The enactments mentioned in Part I of the First Schedule are hereby repealed, and the regulations mentioned in Part II of the said Schedule are hereby revoked, to the extent specified in the third column of that Schedule.