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7 1999

LOCAL ELECTIONS (DISCLOSURE OF DONATIONS AND EXPENDITURE) ACT, 1999

PART V

Disqualifications, Prosecutions and Miscellaneous Amendments

Disqualifications.

20. —(1) Where an unsucessful candidate at an election fails to furnish to the local authority concerned, within the period specified for this purpose, a statement of donations and election expenses or a statutory declaration pursuant to section 13 (1)(a)(iii), the person shall, on the expiry of such specified period, be disqualified for membership of any local authority for the remainder of the terms of office of the members of the local authority concerned.

(2) Where a member of a local authority elected at the election fails to furnish to the local authority concerned, within the period specified for this purpose, a statement of donations and election expenses or a statutory declaration pursuant to section 13 (1)(a)(iii) the member shall be suspended from membership of the authority for the period of 7 days commencing on the expiry of the time specified for this purpose, or a lesser period ending on the compliance by the member with the requirements of section 13 , and if at the end of that period the member has not complied with the requirements of section 13 , the member shall be disqualified for membership of any local authority.

(3) A disqualification arising pursuant to subsection (2) shall come into effect on the eighth day following the last day for compliance with the requirements of section 13 and the disqualification shall apply and have effect for the remainder of the term in office of the members of the local authority concerned.

(4) Where an unsuccessful candidate or an elected member of a local authority furnishes to the local authority concerned a statement of donations and election expenses which to the person's knowledge is false or misleading in a material respect, the local authority concerned may bring summary proceedings against the unsuccessful candidate or elected member for making a false or misleading statutory declaration under the Statutory Declarations Act, 1938 .

(5) If a person is convicted by a court of an offence following proceedings initiated under subsection (4), in addition to any penalty imposed by the court, the person shall be disqualified for membership of any local authority and the disqualification shall apply and have effect for the remainder of the term in office of the members of the local authority concerned.

(6) Where a member of a local authority becomes disqualified for membership of a local authority pursuant to subsection (2) or (5), that person shall, immediately on such occurance cease to be such member and a vacancy shall exist accordingly in the membership of the local authority.

(7) A person who ceases to be a member of a local authority pursuant to this section shall on such cesser also cease to be a member of any body to which that person was elected, nominated or appointed by a local authority, or of which the person is a member by virtue of being a member of a local authority; but nothing in this subsection shall be construed so as to affect the validity of anything previously done by the person while he or she was a member of that body.

Offences and penalties.

21. —(1) The national agent of a political party shall be guilty of an offence if at an election he or she—

(a) fails to furnish to the specified local authority, within the period specified for this purpose, a statement of election expenses or a statutory declaration pursuant to section 13 (1)(a)(i), or

(b) furnishes to the specified local authority a statement of election expenses which, to the agent's knowledge, is false or misleading in a material respect, or

(c) fails otherwise to comply with the provisions of section 13 .

(2) A designated person shall be guilty of an offence if at an election he or she—

(a) fails to furnish to the local authority concerned, within the period specified for this purpose, a statement of election expenses or a statutory declaration pursuant to section 13 (1)(a)(ii), or

(b) furnishes to the local authority concerned a statement of election expenses which, to the person's knowledge, is false or misleading in a material respect, or

(c) fails otherwise to comply with the provisions of section 13 .

(3) A person to whom section 6 (7) applies shall be guilty of an offence if at an election he or she—

(a) fails to notify the specified local authority or the local authority concerned in accordance with that subsection of his or her intention to incur election expenses, or

(b) fails to furnish to the relevant local authority within the period specified for this purpose, a statement of election expenses or a statutory declaration pursuant to subparagraph (i) or (ii) of section 13 (1)(a), or

(c) furnishes to the relevant local authority 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 the provisions of section 13 .

(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 or designated person of a political party, or a person authorised in writing by such agent or person or a candidate at the election or a person authorised in writing by such candidate unless that person produces to the said publisher a certificate from a local authority referred to in section 6 (9).

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

(i) he or she shall be liable on summary conviction to a fine not exceeding £1,500,

(ii) where the offence is an offence to which subsection (1) (b), (2) (b) or (3) (c) relates, he or she shall be liable, 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.

(b) Where a conviction relates to a failure to furnish a statement of election expenses under section 13 the person concerned 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 concerned shall be liable, on summary conviction, to a fine not exceeding £100.

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

Cost of prosecutions.

22. —Where a person is convicted of an offence in proceedings brought by a local authority under this Act, the court shall, unless it is satisfied that there are special and substantial reasons for not so doing, order the person to pay to the local authority, the costs and expenses, measured by the court, incurred by the local authority in relation to the investigation, detection and prosecution of the offence and in respect of the remuneration and other expenses of employees, consultants and advisers, as the case may be.

Local election petition.

23. —The Local Elections (Petitions and Disqualifications) Act, 1974 , is hereby amended:

(a) by the insertion of the following subsection after subsection (3) of section 4:

“(3A) Where a petition alleges an irregularity or non-compliance with any provision of the Local Elections (Disclosure of Donations and Expenditure) Act, 1999, whether before or after the result of the local 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, the petition may be presented within the twenty eight days next after the publication of a notice by a local authority under section 19 (2).”,

(b) by the insertion of the following subsection after subsection (1) of section 5:

“(1A) A local election shall not be declared invalid because of a non-compliance with any provision of the Local Elections (Disclosure of Donations and Expenditure) Act, 1999, or mistake in the use of forms provided for in regulations made under that Act, where it appears to the court that a candidate, national agent, designated person (within the meaning of that Act) or person to whom section 6 (7) of that Act applies, as the case may be, complied with the principles laid down in that Act taken as a whole and that such non-compliance or mistake did not materially affect the result of the election.”.

Amendment of section 6 of Local Government Act, 1994.

24. Section 6 of the Local Government Act, 1994 , is hereby amended by the deletion of subsections (1) (g) and (3).