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25 1997

ELECTORAL ACT, 1997

PART V

Expenditure by Political Parties and Candidates at Dáil Elections and European Elections

Interpretation (Part V).

27. —In this Part—

candidate” means, as the context may require, a candidate at a Dáil election or a European election;

notice of the poll”, as the context may require, has the meaning assigned to it in rule 49 of the Second Schedule to the Act of 1997 or section 87 of the Act of 1992;

returning officer” means, as the context may require, a returning officer at a Dáil election or a European election.

Appointment of national agent and election agent.

28. —(1) (a) Before incurring any election expenses at an election, each political party which authenticates the candidature of a candidate at the election shall appoint for the purposes of this Part an agent, in this Act referred to as a “national agent”, and shall, not later than the last day for receiving nominations at the election, notify in writing the name of the said national agent and the address of the office of the agent to the Public Offices Commission.

(b) Nothing in this section shall be construed as prohibiting the appointment by a political party of a candidate at an election as the national agent.

(2) (a) Before incurring any election expenses at an election, each candidate shall appoint an agent (in this Act referred to as an “election agent”) for the purposes of this Part and shall, not later than the last day for receiving nominations at the election, notify in writing the name of the election agent and the address of the office of the agent to the returning officer for the constituency.

(b) A candidate may appoint himself or herself as election agent, and shall, on so doing, so far as circumstances permit, be subject to the provisions of this Part both as a candidate and as an election agent and, except where the context otherwise requires, any reference in this Part to an election agent shall be construed as including a reference to the candidate acting as election agent.

(3) (a) Where a political party referred to in subsection (1) has not, before the latest time for withdrawal of candidature at an election, notified the name of the national agent and the address of the agent's office to the Public Offices Commission, the appropriate officer appointed, or deemed to have been appointed, under section 71 , shall be deemed to be the national agent of the party, the party shall be deemed to have revoked the appointment of any other person as the national agent and the provisions of this Part shall apply to the said officer in the same manner as they apply to a national agent.

(b) Where a candidate has not, before the latest time for the withdrawal of candidature, notified the returning officer for the constituency of the name of the election agent appointed by the candidate and the address of the office of the agent, the candidate shall be deemed to have appointed himself or herself as election agent and to have revoked the appointment of any other person as such agent and the candidate shall be subject to the provisions of this Part as a candidate and as an election agent.

(4) (a) A political party may, at any time, revoke the appointment of a national agent made by it under this section.

(b) A candidate may at any time, revoke the appointment of an election agent appointed by the candidate under this section.

(5) (a) If, before the relevant statement of election expenses has been furnished to the Public Offices Commission in accordance with section 36 , the appointment of a national agent or an election agent is revoked, or a person appointed as such national agent or election agent dies, resigns or is otherwise unable to act, another national agent or election agent, as the case may be, shall be appointed forthwith by the political party or candidate concerned.

(b) (i) Where a candidate who has appointed himself or herself as election agent dies before a statement of election expenses has been furnished by him or her in accordance with section 36 , the personal representative of the candidate may appoint another election agent in respect of the candidate.

(ii) The personal representative of a candidate referred to in subparagraph (i) may appoint himself or herself as election agent in respect of that candidate.

(c) The provisions of this section shall have effect in relation to an appointment under this subsection and a national agent or election agent so appointed shall be subject to the provisions of this Part in the same manner as an agent appointed otherwise under this section.

(6) (a) As soon as may be after receipt of notification of the appointment of a national agent by a political party, pursuant to subsection (1) or (5) or where, in the absence of such notification an appointment is deemed to have been made, the Public Offices Commission shall publish in the Iris Oifigiúil the name of the national agent appointed or deemed to have been appointed, as the case may be, under this section, the party by whom the agent was appointed, or deemed to have been appointed, and the address of the office of the agent.

(b) As soon as may be after receipt of notification of the appointment of an election agent pursuant to subsection (2) or (5), or where in the absence of such notification an appointment is deemed to have been made, the returning officer for a constituency shall notify the Public Offices Commission in writing and publish notice of the name of the election agent appointed, or deemed to have been appointed, by a candidate, the name of the candidate by whom the agent is appointed, or deemed to have been appointed, as the case may be, and the address of the office of the agent.

(7) Subparagraph (a) of paragraph (1) of Rule 24 of the Second Schedule to the Act of 1997 is hereby repealed and every reference in the said Act to an election agent shall be construed as a reference to the election agent appointed under this section by the candidate concerned.

(8) Rule 24 of the Second Schedule to the Act of 1997 is hereby amended by the substitution of the following paragraph for paragraph (5)—

“(5) The name and address of every agent appointed under this Rule (whether originally or substitutionally) shall immediately after the appointment be communicated by the person by whom the appointment was made to the local returning officer.”.

(9) Subsection (1) of section 59 of the Act of 1992 is hereby repealed and every reference in the said Act to an election agent shall be construed as a reference to the election agent appointed under this section by the candidate concerned.

(10) In subsection (3) of section 59 of the Act of 1992, the words “an election agent may be revoked by the candidate and the appointment of” are hereby deleted.

Office of agent.

29. —(1) The national agent of a political party shall have in the State an office or place to which claims, notices, writs, summonses and other documents may be sent.

(2) The election agent of a candidate shall have an office or place in or convenient to the constituency to which claims, notices, writs, summonses and other documents may be sent.

(3) Any claim, notice, writ, summons or document delivered at the office or place of the national agent of a political party or the election agent of a candidate and addressed to such agent shall be deemed to have been served on the agent and every such national agent or election agent, as the case may be, may in respect of any matter connected with the election be sued in any court having competent jurisdiction at the place where the office of the agent is situate.

Making of contracts through agent.

30. —(1) A contract (including a contract of employment and whether in writing or otherwise) by which any election expenses at an election exceeding £500 in value are incurred by or on behalf of—

(a) a political party pursuant to section 32 (1) (b) or 33 (1)(b), shall be made by the national agent of the party and shall not be enforceable against the said party or the said agent unless so made; and

(b) a candidate at the election (other than election expenses deemed under section 32 (1)(b)(ii) or 33 (1)(b)(ii) to be election expenses incurred by that candidate), shall be made by the election agent of the candidate and shall not be enforceable against the said candidate or agent unless so made.

(2) Nothing in this section shall prejudice the right of any person who is a party to a contract to recover from any other such person any moneys, property, goods or services due to the first-mentioned person on foot of such contract.

Expenses and payments at election.

31. —(1) (a) In this Part, subject to paragraph (b), “election expenses” means all expenditure incurred in connection with an election in order—

(i) to promote or oppose, directly or indirectly, the interests of a political party or a political group formed in accordance with the rules of procedure of the European Parliament, or to present the policies or a particular policy of a political party or a political group or the comments of a political party or a political group on the policy or policies of another political party or political group or of a candidate at the election; or

(ii) to promote or oppose, directly or indirectly, the election of a candidate at the election or to solicit votes for or against a candidate or to present the policies or a particular policy of a candidate or the views of a candidate on any matter connected with the election or the comments of a candidate on the policy or policies of a political party or a political group or of another candidate at the election; or

(iii) otherwise to influence the outcome of the election;

and shall be deemed to include all expenditure incurred in the taking of an opinion poll or other similar survey relating to an election within the period of 60 days before polling day at the election by or on behalf of a political party, a political group or a candidate at the election.

(b) The following shall be deemed not to be election expenses for the purposes of this Part—

(i) the payment by or on behalf of a candidate of the deposit under section 13 of the Act of 1997 or section 47 of the Act of 1992, as may be appropriate;

(ii) expenditure on the purchase of copies of the register of electors or parts thereof;

(iii) the reasonable living expenses of a candidate or any person or persons working on behalf of the candidate on a voluntary basis;

(iv) any sum disbursed by any individual out of the individual's own resources for any minor expenses lawfully incurred in relation to the election if the said sum is not repaid to the person;

(v) any of the matters referred to in paragraph (b) of subsection (2) of section 22 ;

(vi) expenses incurred in the provision of property, goods or services used at an election where such property, goods or services was or were provided in respect of a previous election and the cost of providing such property, goods or services was included in the statement of election expenses furnished to the Public Offices Commission in relation to the said previous election by the national agent of the party or election agent of the candidate, as the case may be.

(2) Where property, goods or services are provided to a political party or a candidate at an election without payment or other consideration therefor or at a price which is less than the commercial price, the provision of the property, goods or services shall be deemed to be an election expense and the property, goods or services shall be deemed to have been provided at the commercial price and shall be accounted for accordingly by the national agent or election agent, as the case may be, in the statement to be furnished under section 36 to the Public Offices Commission.

(3) All election expenses incurred and all payments made by or on behalf of a political party or by or on behalf of a candidate, including election expenses so incurred or payments so made, in the case of a Dáil election, at any time before the issue of the writ or writs in relation to the election, and, in the case of a European election, at any time before the date of the order appointing the polling day at the election, for the provision of property, goods or services for use at the election, shall be reckoned for the purpose of this Part and shall be included in the statement to be furnished to the Public Offices Commission under section 36 .

(4) No election expenses shall be incurred at an election and no payment, advance or deposit shall be made in respect of such election expenses—

(a) on behalf of a political party, other than by the national agent of that party, and

(b) on behalf of a candidate (other than election expenses deemed under section 32 (1)(b)(ii) or 33 (1)(b)(ii) to be election expenses incurred by that candidate), other than by the election agent of that candidate.

(5) In subsection (4), “national agent” and “election agent” shall be construed as including a person or persons authorised for the purpose of subsection (4) by the said national agent or election agent, as the case may be, and any expenditure incurred or payment made by such person or persons shall be subject to limits which shall be specified in such authorisation.

(6) Where any election expenses (within the meaning of this Part) are incurred at an election by a body which—

(a) was established by or on behalf of a political party or a candidate for the purposes of incurring election expenses or making payments in respect of such expenses or for any of the purposes referred to in subsection (1)(a), or

(b) is a member of or is a branch or subsidiary organization (within the meaning of section 22 (1)) of a political party, or

(c) is effectively controlled by a political party or by a candidate or is or appears to be so connected with or associated with a political party or candidate that a reasonable person would believe that it is controlled or substantially influenced by that political party or candidate,

such expenses shall be deemed to have been incurred on behalf of the party or candidate concerned and shall be accounted for accordingly by the relevant agent and the provisions of this Part shall apply in relation thereto.

(7) Before incurring any expenses at an election a person (other than the national agent of a political party or the election agent of a candidate or a person authorised by any such agent for the purpose of subsection (4)) who proposes to incur election expenses (within the meaning of this Part), shall furnish to the Public Offices Commission in writing—

(a) the name, address and description of the person proposing to incur the expenses,

(b) a statement of the nature, purpose and estimated amount of such expenses, and

(c) an indication of the person's connection, if any, with any party or candidate at the election.

(8) Where, notwithstanding the provisions of section 28 (1) and (2), election expenses are incurred by or on behalf of a political party or a candidate at an election before the appointment by the party or the candidate of a national agent or an election agent, as the case may be, the political party or candidate shall furnish to the relevant agent details of such expenses, together with all relevant vouchers, and such election expenses shall be deemed to be expenses incurred by the national agent or election agent, as the case may be.

(9) Every payment of election expenses made pursuant to this Part shall, where the said payment exceeds £100, be supported by a voucher stating the particulars of the transaction to which it relates.

(10) The publisher of a newspaper, magazine or other periodical publication shall not publish any advertisement or notice in relation to an election purporting to promote or oppose, directly or indirectly, the interests of a political party or a candidate at that election at the request of any person other than the national agent of a political party or a person authorised in writing by such agent, or a candidate at the election or the election agent of such candidate, or a person authorised in writing by such candidate or agent, unless the person produces to the said publisher a certificate from the Public Offices Commission that that person has complied with the provisions of subsection (7) in relation to that election.

(11) This section shall not be construed to prevent or restrict the lawful publication of any matter in relation to an election in a newspaper or other publication or the broadcast of such matter by radio or television or the lawful expression of opinion on any matter of public interest by any person.

Limitation of election expenses at Dáil election.

32. —(1) (a) The aggregate of election expenses which may be incurred by or on behalf of a candidate in connection with his or her candidature at a Dáil election shall not exceed—

(i) in the case of a constituency returning three members, £14,000;

(ii) in the case of a constituency returning four members, £17,000; and

(iii) in the case of a constituency returning five members, £20,000.

(b) (i) Where a political party authenticates the candidature of a candidate at a Dáil election, the party may incur such proportion not exceeding fifty per cent, of the amount of the election expenses which that candidate is entitled to incur at that election under paragraph (a), as may be agreed in writing between the party and the candidate concerned.

(ii) The election expenses which a political party may incur under subparagraph (i) may relate to expenditure in the constituency concerned or otherwise, and the said election expenses shall be deemed for the purposes of paragraph (a) to be expenses incurred by that candidate.

(2) Subject to subsection (1)(b)(i), the aggregate of election expenses which may be incurred by the national agent of a political party on behalf of that party at a Dáil election shall be the sum of the amounts of election expenses agreed in writing pursuant to subsection (1)(b)(i) between the party and candidates whose candidatures were authenticated by the party at the election.

Limitation of election expenses at European election.

33. —(1) (a) The aggregate of election expenses which may be incurred by or on behalf of a candidate in connection with his or her candidature at a European election shall not exceed the relevant amount specified for the constituency by the Minister by order under this section.

(b) (i) Where a political party authenticates the candidature of a candidate at a European election, the party may incur such proportion not exceeding fifty per cent, of the amount of the election expenses which that candidate is entitled to incur at that election under an order under this subsection, as may be agreed in writing between the party and the candidate concerned.

(ii) The election expenses which a political party may incur under subparagraph (i) may relate to expenditure in the constituency concerned or otherwise, and the said election expenses shall be deemed for the purposes of paragraph (a) to be expenses incurred by that candidate.

(2) Subject to subsection (l)(b)(i), the aggregate of election expenses which may be incurred by the national agent of a political party on behalf of that party at a European election shall be the sum of the amounts of election expenses agreed in writing pursuant to subsection (1)(b)(i) between the party and candidates whose candidatures were authenticated by the party at the election.

(3) Where an order under this section is proposed to be made, a draft thereof shall be laid before each House of the Oireachtas and the order shall not be made until a resolution approving of the draft has been passed by each House.

Period for making claims relating to election expenses.

34. —Notwithstanding anything contained in any other enactment, every claim in respect of election expenses against the national agent of a political party, the election agent of a candidate or a person referred to in section 31 (7) which is not delivered to the agent or person concerned on or before the forty fifth day after the polling day at the election, shall not be paid and shall not be enforceable against the said agent or person.

Disputed claims relating to election expenses.

35. —If the national agent of a political party, the election agent of a candidate or a person referred to in section 31 (7) disputes any claim delivered to the agent or person concerned within the period allowed for delivery of such claims under section 34 , the person by whom the claim is made may apply to a court of competent jurisdiction for an order for payment of the claim and the court may, on being satisfied that the claim should be paid, make an order for payment and specify the amount which is payable.

Statement in relation to election expenses.

36. —(1) (a) The national agent of a political party, the election agent of a candidate and every person who incurs election expenses under section 31 (7) shall, within the fifty six days next following the polling day at an election, furnish to the Public Offices Commission a statement in writing of all election expenses (whether paid or not) incurred by such agent or person in relation to the election and the several matters to which such expenses relate, together with all relevant vouchers.

(b) The national agent of a political party shall include in the statement of election expenses furnished by him or her under paragraph (a):

(i) details of the election expenses incurred by the said agent pursuant to section 32 (1) (b) or 33 (1)(b), as may be appropriate;

(ii) the name of each candidate whose candidature was authenticated by the party at that election and in respect of whom election expenses are deemed to have been incurred by the said agent under section 32 (1)(b)(ii) or 33 (1)(b)(ii), as may be appropriate, and the constituency in which each such candidate was a candidate at the election; and

(iii) the amount of election expenses (if any) agreed in writing pursuant to section 32 (1)(b)(i) or 33 (1)(b)(i), as may be appropriate, between the party and each such candidate and the amount of election expenses incurred by the said agent pursuant to section 32 (1)(b)(i) or 33 (1)(b)(i), as may be appropriate, in respect of each such candidate.

(c) The election agent of a candidate whose candidature was authenticated by a political party at the election shall include in the statement of election expenses furnished by him or her under paragraph (a) the amount of election expenses agreed in writing pursuant to section 32 (1)(b)(i) or 33 (1)(b)(i), as may be appropriate, between the candidate and such party.

(d) Each statement furnished under this subsection shall include particulars of all disputed claims, if any, and all claims, if any, received after the day referred to in section 34 .

(2) Each statement of election expenses furnished under subsection (1) shall be in the form directed by the Public Offices Commission and shall be accompanied by a statutory declaration made by the agent or person by whom the statement is furnished that, to the best of the knowledge and belief of the agent or person concerned, the statement is correct in every material respect and that the agent or person has taken all reasonable action in order to be satisfied as to the accuracy of the statement.

(3) Where, after the statement of election expenses is furnished under subsection (1), an order for payment of a claim is made by a court under section 35 the national agent, election agent or person referred to in section 31 (7), as the case may be, shall, not later than 7 days after the date of the order of the court, furnish to the Public Offices Commission a copy of the said order together with a statement of the sum payable under the order.

(4) It shall be the duty of every agent and person who is required by this section to furnish a statement of election expenses and make a declaration to make such enquiries and maintain such records as are necessary for the purpose of furnishing the statement and making the declaration.

(5) Where a candidate standing nominated at an election dies—

(a) in any of the circumstances referred to in subsection (1), (2) or (3) of section 62 of the Act of 1992, or in paragraph (1), (2) or (3) of Rule 27 of the Second Schedule to the Act of 1997, as the case may be, or

(b) after the close of poll at the election and before a statement of election expenses has been furnished to the Public Offices Commission in respect of that candidate,

the election agent of the said candidate shall, notwithstanding the death of the candidate, furnish a statement of the election expenses of the candidate in accordance with this section.

(6) This section shall apply to an agent appointed under section 28 (5)(b), subject to the proviso that the statement of election expenses to be furnished by the said agent shall be furnished to the Public Offices Commission within the 56 days next following polling day at the election or as soon as practicable after the expiration of that period.

Laying of copy of statement of election expenses before each House of Oireachtas.

37. —(1) Subject to subsection (2), as soon as may be after the receipt of a statement of election expenses and a statutory declaration furnished pursuant to section 36 , the Public Offices Commission shall cause a copy of the said statement and declaration together with a copy of any relevant court orders to be laid before each House of the Oireachtas.

(2) Where an error or omission in a statement of election expenses is corrected or made good, as the case may be, in accordance with section 4 (2), the Public Offices Commission shall cause a copy of the said statement as so corrected to be laid before each House of the Oireachtas.

Relief for non-compliance with Part V .

38. —(1) In any legal proceedings arising from the provisions of this Part, where in the case of—

(a) a political party, the national agent of the said party fails to furnish to the Public Offices Commission a statement of election expenses or any part of such statement or a statutory declaration in accordance with section 36 or there is an error, omission or false or misleading statement therein,

(b) a candidate at an election, the election agent of such candidate fails to furnish to the Public Offices Commission a statement of election expenses or any part of such statement or a statutory declaration in accordance with section 36 or there is an error, omission or false or misleading statement therein,

(c) the national agent of a political party or the election agent of a candidate, such agent fails to furnish to the Public Offices Commission a statement of election expenses or any part of such statement or a statutory declaration which he or she was required to furnish under section 36 or there is an error, omission or false or misleading statement therein, or

(d) a person referred to in section 31 (7), the person fails to furnish to the Public Offices Commission a statement of election expenses or any part of such statement or a statutory declaration which the person was required to furnish under section 36 or there is an error, omission or false or misleading statement therein,

the following provisions shall apply.

(2) Where it is shown to the court that the failure, error, omission or false or misleading statement arose—

(a) due to the illness of a party to the proceedings,

(b) where a party to the proceedings is a political party, due to the death, illness, absence or misconduct of the national agent of such political party or of any employee of such agent,

(c) where a party to the proceedings is a candidate, due to the death, illness, absence or misconduct of his or her election agent or of any employee of such agent,

(d) where a party to the proceedings is the national agent of a political party or the election agent of a candidate, due to the death, illness, absence or misconduct of any person who had previously been such agent, or of any employee of the party to the proceedings,

(e) where a party to the proceedings is a person referred to in section 31 (7), due to the death, illness, absence or misconduct of any employee of such person, or

(f) due to inadvertence or other reasonable cause not involving negligence on the part of such party to the proceedings, or the contravention, knowingly, by such party of the provisions of this Part,

and was not due to any lack of bona fides on the part of such party to the proceedings and where the proceedings are based wholly or partly on the grounds of misconduct on the part of any person, such misconduct was without the approval or knowledge of such party to the proceedings and such party took all reasonable action to prevent such misconduct, the court may, on application to it by such party, on being satisfied that it is appropriate so to do, make such order granting relief for the failure, error, omission or false or misleading statement the subject of the proceedings as it considers reasonable.

(3) Without prejudice to the generality of subsection (2)—

(a) where it is proved to the court by a political party that—

(i) any act or omission of the national agent of the party in relation to the statement of election expenses furnished by him or her was without the approval or knowledge of the political party, and

(ii) the political party took all reasonable action to prevent the act or omission,

the court shall relieve the political party from the consequences of the act or omission of the national agent,

(b) where it is proved to the court by a candidate that—

(i) any act or omission of the election agent of such candidate in relation to the statement of election expenses furnished by the agent was without the approval or knowledge of the candidate, and

(ii) the candidate took all reasonable action to prevent the act or omission,

the court shall relieve the candidate from the consequences of the act or omission of his or her agent.

(4) An order under subsection (2)—

(a) shall relieve the political party, candidate, agent or person, as the case may be, the subject of the proceedings from any liability or consequences under this Act or the provisions of the Electoral Acts, 1992 to 1997,

(b) may make the granting of the relief conditional on the furnishing of a statement of election expenses in a modified form or within an extended period of time and subject to compliance with such other conditions as seem proper to the court in order to give effect to the provisions of this Part.

Power of court to require information from agent.

39. —(1) Where, in dealing with legal proceedings referred to in section 38 , it appears to the court that any person who is, or has been, the national agent of a political party or the election agent of a candidate at an election has refused or failed to furnish a statement of election expenses, or to furnish the particulars necessary to enable the provisions of this Part in relation to the furnishing of the statement of election expenses to be complied with, the court may, before making an order under the said section 38 , order that person to attend before it.

(2) Unless a person referred to in subsection (1) shows cause to the contrary, the court may order that person:

(a) to furnish the statement of election expenses to the Public Offices Commission, or

(b) to furnish such particulars in the possession or procurement of that person as may be required for the purpose of furnishing such statement, as the court thinks fit, within such period, to such person and in such manner as it directs, and may require that person to provide such explanation of such particulars as the court directs.

Excess expenditure.

40. —Without prejudice to the operation of section 43 ,—

(a) where the aggregate of election expenses incurred or deemed to have been incurred by the national agent of a political party exceed the relevant amount calculated in accordance with section 32 or 42 , as the case may be, or an order made under section 33 (1) the Minister for Finance shall, on the recommendation of the Public Offices Commission, deduct an amount equal to such excess from any amount which may be payable or become payable to the party under Part III ;

(b) where the total of the election expenses incurred or deemed to have been incurred by the election agent of a candidate at an election (other than election expenses deemed under section 32 (1) (b) (ii) or 33 (1) (b) (ii) to be election expenses incurred by that candidate) exceeds the relevant amount calculated in accordance with section 32 or 42 , as the case may be, or an order made under section 33 (1) the Minister for Finance shall, on the recommendation of the Public Offices Commission, deduct an amount equal to such excess from any sum which may be payable or become payable as a reimbursement of election expenses to the said member under section 21 or regulations made under subsection (2) of that section.

Provisions relating to fresh election.

41. —(1) Where a fresh election is held in a constituency under section 62 or 63 of the Act of 1992 or Rule 27 of the Second Schedule to the Act of 1997, the original election shall be deemed to have been an election for the purposes of this Part and the provisions of this Part including section 36 shall be complied with in relation to the original election by the national agent of a political party and by the agent of each surviving candidate, as may be appropriate.

(2) The limits on election expenses at the fresh election for surviving candidates and candidates nominated at the fresh election shall be the relevant amount specified in section 32 (1)(a), or in an order under section 33 (1)(a), as the case may be.

Provisions where polls at Dáil election and European election are taken on same day.

42. —(1) Where the polls at a Dáil election and a European election are taken on the same day, the following subsections shall have effect.

(2) In case a candidate at the European election in a European Parliament constituency is also a candidate at the Dáil election in a Dáil constituency situate within the said European Parliament constituency—

(a) the candidate shall appoint the same person as election agent under section 28 in respect of the European Parliament constituency and the Dáil constituency concerned;

(b) the aggregate of election expenses which may be incurred on behalf of the candidate at the elections shall not exceed the amount specified in an order made by the Minister under subsection (1) of section 33 in respect of election expenses of a candidate at a European election, together with three quarters of the amount specified in subsection (1)(a) of section 32 appropriate to the Dáil constituency (having regard in each case to section 3 );

(c) a single statement of the election expenses incurred by the election agent of the said candidate in relation to the European election and the Dáil election shall be furnished to the Public Offices Commission under section 36 .

(3) In case a political party authenticates the candidature of a candidate at the European election in a European Parliament constituency and also authenticates the candidature of that person as a candidate at the Dáil election in a Dáil constituency situate within the said European Parliament constituency—

(a) the party shall appoint the same person to be the national agent of the party under section 28 for both elections;

(b) the provisions of subsection (1)(b) of section 32 and subsection (1)(b) of section 33 shall apply in relation to expenditure at the said elections by the said political party in respect of the said constituencies;

(c) a single statement of the election expenses incurred by the national agent of the party in relation to both the Dáil election and the European election shall be furnished to the Public Offices Commission under section 36 .

(4) For the purposes of this section, a Dáil constituency which is not wholly situate in a European Parliament constituency shall, in relation to a candidate referred to in subsection (2) or (3), be deemed to be situate within the European Parliament constituency contested by the candidate if any part of the Dáil constituency concerned is situate within the said European Parliament constituency.

Offences and penalties (Part V).

43. —(1) A person shall be guilty of an offence if, at an election, he or she incurs election expenses, or makes any payment, advance or deposit in respect of such expenses—

(a) on behalf of a political party unless the person is the national agent of the political party concerned or a person authorised by such national agent acting within the limit of such authorisation, or

(b) on behalf of a candidate (other than election expenses deemed under section 32 (1)(b)(ii) or 33 (1)(b)(ii) to be election expenses incurred by that candidate) unless the person is the election agent of the candidate or a person authorised by such agent acting within the limit of such authorisation.

(2) The national agent of a political party or the election agent of a candidate shall be guilty of an offence if at an election the said agent—

(a) directly or through any other person incurs election expenses in excess of the relevant amount calculated in accordance with section 32 or 42 or an order made under section 33 (1)(b), as may be appropriate, or

(b) in contravention of section 34 pays any claim in respect of election expenses, or

(c) fails to furnish to the Public Offices Commission, within the period specified for this purpose, a statement of election expenses or a statutory declaration pursuant to section 36 , or

(d) furnishes to the Public Offices Commission a statement of election expenses which, to the agent's knowledge, is false or misleading in a material respect, or

(e) fails otherwise to comply with the provisions of section 36 .

(3) A person to whom section 31 (7) applies shall be guilty of an offence if at an election he or she—

(a) fails to notify the Public Offices Commission in accordance with that subsection of his or her intention to incur election expenses, or

(b) fails to furnish to the Public Offices Commission, within the period specified for this purpose, a statement of election expenses or a statutory declaration pursuant to section 36 , or

(c) furnishes to the Public Offices Commission a statement of election expenses which, to the person's knowledge, is false or misleading in a material respect, or

(d) fails otherwise to comply with section 36 .

(4) A person shall be guilty of an offence if he or she publishes in a newspaper, magazine or other periodical publication of which he or she is publisher an advertisement or notice in relation to an election purporting to promote or oppose the interests of a political party or a candidate at that election at the request of any person other than the national agent of a political party, or a person authorised in writing by such agent or a candidate at the election or the election agent of such candidate, or a person authorised in writing by such candidate or agent, unless that person produces to the said publisher a certificate from the Public Offices Commission referred to in section 31 (10).

(5) Where a person is guilty of an offence under this section—

(a) the person shall be liable on summary conviction to a fine not exceeding £1,000,

(b) the person shall be liable, where the offence is an offence referred to in subsection (2) (d) or (3) (c), on conviction on indictment to a fine not exceeding £20,000 or, at the discretion of the court, to imprisonment for a period not exceeding 3 years or to both such fine and such imprisonment, and

(c) where the conviction relates to failure to furnish a statement of election expenses under section 36 , the person shall be guilty of a further offence on every day on which the failure continues after such conviction and for each such offence the person shall be liable, on summary conviction, to a fine not exceeding £100.

(6) It shall be a defence to a prosecution under subsection (2) (a) to show that a person did not know and could not reasonably have known that he or she incurred election expenses above the specified limit.

(7) Proceedings for an offence under this Part shall not be instituted except by or with the consent of the Director of Public Prosecutions.

Dáil election petition.

44. —The Act of 1992 is hereby amended—

(a) by the insertion of the following subsection after subsection (5) of section 132:

“(5A) A Dáil election shall not be declared invalid because of a non-compliance with any provision of Part V of the Electoral Act, 1997 or mistake in the use of forms provided for in that Act, or in any regulation or order made under that Act, where it appears to the court that a candidate or party, as the case may be, complied with the principles laid down in that Part of that Act taken as a whole and that such non-compliance or mistake did not materially affect the result of the election.”;

(b) by the substitution of the following paragraphs for paragraphs (1) and (2) of Rule 3 of the Third Schedule:

“(1) Subject to paragraph (3), a petition shall not be presented to the High Court unless that court, on application made to it in that behalf by or on behalf of the person proposing to present it not later than fourteen days after the result of the Dáil election is declared by the returning officer, by order grants leave to the person to do so.

(2) The High Court shall not grant leave under paragraph (1) to present a petition unless it is satisfied—

(a) that there is prima facie evidence of a matter referred to in section 132 in relation to which the petition questions the election result concerned, and

(b) that the said matter is such as to affect materially the result of the election.

(2A) A petition shall be presented by being lodged in the Central Office of the High Court not later than three days after the grant of leave by the High Court under paragraph (1).”;

(c) by the substitution for “the petition may be presented within the twenty-eight” of “leave of the High Court to present a petition under paragraph (1) may be applied for not later than fourteen” in paragraph (3) of Rule 3 of the Third Schedule; and

(d) by the insertion of the following paragraph after paragraph (3) of Rule 3 of the Third Schedule:

“(3A) Where a petition alleges an irregularity or noncompliance with any provision of Part V of the Electoral Act, 1997 whether before or after the result of the Dáil election was declared by the returning officer, notwithstanding the fact that another petition relating to the same election may have been previously presented or tried, leave of the High Court to present a petition under paragraph (1) may be applied for not later than fourteen days next after the laying of a copy of a statement of election expenses before each House of the Oireachtas in accordance with section 37 of the Electoral Act, 1997”.

European election petition.

45. —Section 21 of the Act of 1997 is hereby amended:

(a) by the substitution in paragraph (a) of subsection (2) for “7” of “fourteen”;

(b) by the substitution in paragraph (b) of subsection (2) for “seven” of “fourteen”;

(c) by the insertion of the following paragraph after paragraph (b) of subsection (2):

“(bb) Where a petition alleges an irregularity or non-compliance with any provision of Part V of the Electoral Act, 1997 whether before or after the result of the European election was declared by the returning officer, notwithstanding the fact that another petition relating to the same election may have been previously presented or tried, leave of the High Court to present a petition under paragraph (a) may be applied for not later than fourteen days next after the laying of a copy of a statement of election expenses before each House of the Oireachtas in accordance with section 37 of the Electoral Act, 1997.”; and

(d) by the insertion of the following paragraph after paragraph (b) of subsection (8):

“(bb) A European election shall not be declared invalid because of a non-compliance with any provision of Part V of the Electoral Act, 1997 or mistake in the use of forms provided for in that Act, or in any regulation or order made under that Act, where it appears to the court that a candidate or party, as the case may be, complied with the principles laid down in that Part of that Act taken as a whole and that such non-compliance or mistake did not materially affect the result of the election.”.