First Previous (PART II Functions of Local Authorities) Next (PART IV Reorganisation of Local Government for the County of Dublin)

11 1991

LOCAL GOVERNMENT ACT, 1991

PART III

Local Elections and Related Matters

Prohibition of plural voting.

S.I. No. 128 of 1965.

10. —(1) A person shall not vote or apply for a ballot paper—

(a) more than once at an election of the members of a local authority (otherwise than under Article 44 of the Local Elections Regulations, 1965),

(b) at an election of the members of more than one local authority of the same class held at the same local elections, or

(c) at both an election of the members of the corporation of a county borough and an election of the members of a local authority of the class specified in subsection (2) (b) held at the same local elections.

(2) For the purposes of this section, local authorities shall be deemed to consist of the following two classes:

(a) the councils of counties and the corporations of county boroughs, and

(b) the corporations of boroughs that are not county boroughs, the councils of urban districts and the commissioners of towns.

(3) A person who contravenes subsection (1) shall be guilty of an offence and shall be liable on summary conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding £1,000 or to both.

(4) Article 89 (1) (b) of the Local Elections Regulations, 1965, is hereby revoked.

Amendment of Local Elections Regulations, 1965.

S.I. No. 128 of 1965

11. —The Local Elections Regulations, 1965, are hereby amended—

(a) in Article 6, by the insertion in paragraph (3), after “election”, of “(other than the election to be held in the year 1991)”,

(b) in Article 46—

(i) in paragraph (1), by the substitution of the following question for question (b):

“(b) Have you already voted at these elections for this or any other local authority?”,

and

(ii) in paragraph (2), by the substitution of the following form for the form of oath or affirmation:

“I swear by Almighty God (or do solemnly, sincerely and truly declare and affirm — as the case may be) that I am the person registered as AB in the register of local government electors now in force for the local electoral area of ____ and that I have not already voted at these elections for this or any other local authority and that I had attained the age of 18 years on___ (date of coming into force of the register)”.

Local electoral areas in county boroughs.

12. —(1) The Minister may by order—

(a) subject and without prejudice to Part V , divide a county borough into local electoral areas, and

(b) fix for each local electoral area the number of members of the council of the county borough to be elected therefor and the number of those members who are to be aldermen.

(2) The number of members of the council of a county borough to which an order under this section relates to be elected at an election of members of the council held after the making of the order for each local electoral area specified in the order shall (without prejudice to any subsequent such order) be the number fixed by the order for the local electoral area.

(3) Where on the commencement of this section an order is in force dividing a county borough into local electoral areas or fixing the number of members for each local electoral area, the order shall, notwithstanding section 4 , continue in force in relation to the county borough as if it were an order under this section.

(4) The Minister may by order—

(a) amend or modify any division made by an order under this section (including an order under this subsection) or alter the number of members of the council of any county borough to be elected by virtue of an order under this section (including an order under this subsection or an order deemed by subsection (3) to be an order under this section) in respect of any local electoral area in such county borough, or

(b) alter the number of such members who are to be aldermen.

(5) Those members of the council of a county borough who are not aldermen shall be councillors.

(6) An order under this section shall have effect for the purpose of the election of members of the council of that county borough held next after the order is made and thereafter.

Disqualification of Ministers of Government and Ministers of State for membership of local authorities.

13. —(1) A person who is a Minister of the Government or a Minister of State shall be disqualified—

(a) for being elected, chosen or appointed as a member of a local authority, or

(b) for being a member of a local authority on or after the commencement of the term of office of the members elected to that authority in the local elections held in the year 1991 or subsequently.

(2) Where a person who is a member of a local authority is appointed after the passing of this Act to hold office as a Minister of the Government or as a Minister of State, he shall on such appointment cease to be a member of the authority.

Postponement of local elections for certain local authorities.

14. —(1) There shall not be an election of members of a local authority at the local elections next occurring after the commencement of this section.

(2) The term of office of the members of a local authority current on the commencement of this section shall stand extended so as to terminate on such date as may be provided for by law.

(3) In this section “local authority” does not include the council of a county or the corporation of a county borough or, subject to Part IV , the corporation of Dún Laoghaire.

Extension of term of office of certain members of certain harbour authorities.

15. —(1) The term of office of those members of a harbour authority (within the meaning of the Harbours Act, 1946 ) who are appointed by a local authority (within the meaning of section 14 ) current on the commencement of this section shall stand extended so as to terminate on such date as may be provided for by law.

(2) The year 1991 shall be deemed not to be an election year as respects local authorities (within the meaning aforesaid) for the purposes of sections 10 (1) (a) and 14 (2) of the Harbours Act, 1946 .

Extension of term of office of certain members of certain vocational education committees.

16. —(1) The term of office of—

(a) the members of a vocational education committee for an urban district vocational education area elected by a local authority (within the meaning of section 14 ), and

(b) those members of a vocational education committee for a county vocational education area who are elected by a local authority (within the meaning of section 14 ),

shall stand extended so as to terminate on such date as may be provided for by law.

(2) A quinquennial meeting of a vocational education committee referred to in subsection (1) (a) shall not be held in the year 1991.

(3) For the avoidance of doubt, it is hereby declared that the year 1991 shall be an election year in relation to vocational education committees for counties, the Dún Laoghaire Vocational Education Committee and the Galway City Vocational Education Committee for the purposes of the Vocational Education Act, 1930.