Local Government Act 2001

Year of elections to all local authorities.

26

26.—(1)(a) An election of members of every local authority shall be held in the year 2004 and in every fifth year thereafter.

(b) Nothing in this subsection affects Part 21 of this Act or any order made under that Part.

(2) The poll at local elections shall be held on such day in the month of May or June and shall continue for such period, not being less than 12 hours, between the hours of 7.00 a.m. and 10.30 p.m., as may be fixed by the Minister by order.

F45[(2A) Notwithstanding subsection (2), where the Minister is of the opinion that due to local circumstances concerning an island, and taking account of advice from the returning officer (within the meaning of the Local Elections Regulations 1995) for the election in the local electoral area in which the island is situated, it would be unnecessary or impracticable for the poll to continue on the island for the period fixed by the Minister by order under subsection (2), the Minister may by order, not later than the seventh day before polling day, shorten the period of the poll on the island.

(2B) A poll the subject of an order under subsection (2A) shall continue on the island for not less than 4 hours.

(2C) In subsection (2A), "local circumstances" includes:

(a) the number of local government electors on the island;

(b) the distance between a polling station on the island and the place appointed for the counting of votes under article 74(2) of the Local Elections Regulations 1995;

(c) advance forecasts of stress of weather;

(d) foreseen transport difficulties.]

(3) An order under this section shall be published in the Iris Oifigiúil as soon as may be after it is made.

Annotations

Amendments:

F45

Inserted (13.10.2022) by Electoral Reform Act 2022 (30/2022), s. 204, S.I. No. 512 of 2022, art. 2(e).

Modifications (not altering text):

C17

Application of section restricted (27.01.2014) by Local Government Reform Act 2014 (1/2014), s. 28(4), commenced as per s. 28(5).

Elections to local authorities in 2014

28. ...

(4) Nothing in section 26 of the Principal Act shall be read as enabling the holding of an election for members of—

(a) a town council, or

(b) a local authority that is to be dissolved on the 2014 establishment day,

but this subsection is without prejudice to filling, in accordance with section 19 of the Principal Act, a casual vacancy that occurs before the transfer date or the 2014 establishment day, as appropriate.

(5) This section has effect upon the passing of this Act.