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37 2001

LOCAL GOVERNMENT ACT, 2001

SCHEDULE 9

Section 42.

Minor and Consequential Amendments relating to Direct Elections, etc.

1.—The Electoral Act, 1992 , is amended—

(a) by the insertion in section 2 after the definition of “the Defence Forces” of the following:

“‘direct election’ means an election held under Part 5 of the Local Government Act, 2001, and reference to ‘direct’, in the context of an election, shall be construed accordingly,”,

(b) by the insertion in section 13(1) of “and direct elections” after “local elections”,

(c) in section 15A (inserted by section 76 of the Electoral Act, 1997 )—

(i) by the insertion in subsection (4) of “or direct election” after “local election”, and

(ii) by the insertion in subsection (5) of “, direct” after “European”,

(d) in section 15B (inserted by section 76 of the Electoral Act, 1997 )—

(i) by the insertion in subsection (4) of “or direct election” after “local election”, and

(ii) by the insertion in subsection (5) of “, direct” after “European”,

(e) in section 25—

(i) by the insertion of “or a direct election” after “local election” in each place where it occurs, and

(ii) by the insertion of “or direct elections” after “local elections” in each place where it occurs,

(f) by the insertion in section 28(1) of “, direct elections” after “European elections”,

(g) in section 41—

(i) by the insertion of “or” at the end of paragraph (k) and the insertion of the following after that paragraph:

“(l) is a directly elected Cathaoirleach of a local authority,”,

(ii) by the insertion after “Dáil” where it last occurs of “and, in the case of paragraph (l), a person shall be disqualified for nomination for election as a member and the disqualification shall extend for 12 months after ceasing for any reason to hold that office.”,

(h) by the insertion in section 164(1) of “, direct elections under Part 5 of the Local Government Act, 2001,” after “local elections”,

(i) in section 165—

(i) by the substitution in subsection (1) for paragraph (f) of the following:

“(f) the poll at a local election;

(g) the poll at a direct election under the Local Government Act, 2001.”,

and

(ii) by the insertion in subsection (2) of “or direct election” after “local election” in paragraph (f),

(j) in the Second Schedule—

(i) by the substitution for paragraph (d) of Rule 6(1) of the following:

“(d) for a local electoral area — to each local authority member for that area;

(e) for the registration area — to the directly elected Cathaoirleach.”,

(ii) by the substitution for paragraph (d) of Rule 13(4) of the following:

“(d) for a local electoral area — to each local authority member for that area;

(e) for the registration area — to the directly elected Cathaoirleach.”,

(iii) in Rule 14—

(I) by the deletion in paragraph (4)(a) of “and” in subparagraph (ii), the insertion of “and” after “local election,” in subparagraph (iii) and the insertion of the following after subparagraph (iii)—

“(iv) each candidate duly nominated for an electoral area at a direct election,”,

(II) by the insertion in paragraph (4)(c) of “or direct election” after “or a local election”, and

(III) by the insertion in paragraph (5) of “or direct election” after “or a local election”.

2.—The Electoral Act, 1997 , is amended—

(a) in section 22(2)—

(i) by the insertion in paragraph (b)(iii) of “or direct election” after “local election” in clauses (I) and (II) (inserted by section 5 of the Electoral (Amendment) Act, 1998 ), and

(ii) by the insertion in paragraph (c) of “or direct election” after “local election” in subparagraph (1) (inserted by section 5 of the Electoral (Amendment) Act, 1998 ),

and

(b) by the insertion in section 24A(1) (inserted by section 7 of the Electoral (Amendment) Act, 1998 ) of “or direct election” after “local election” in paragraph (a).

3.—The Litter Pollution Act, 1997 is amended—

(a) by the substitution in section 19(7)(b)(ii) of “a local election or direct election within the meaning of the Local Government Act, 2001” for “a local election within the meaning of the Local Government Act, 1994 ”, and

(b) by the substitution in section 21(2)(b) of “a local election or direct election within the meaning of the Local Government Act, 2001” for “a local election within the meaning of the Local Government Act, 1994 ”.