Electoral (Amendment) (No. 2) Act 2009

9.

Amendment of section 19 of Litter Pollution Act 1997.

9.— Section 19 of the Litter Pollution Act 1997 is amended by substituting the following subsection for subsection (7):

“(7) Notwithstanding subsection (6), it shall not be an offence for a person to exhibit an advertisement if the advertisement—

( a) is exempted development within the meaning of the Planning and Development Act 2000, or is a notice displayed or erected in pursuance of a requirement by or under any enactment,

( b) advertises a public meeting, other than an auction, unless the advertisement has been in place for 30 days or more prior to, or for 7 days or more after, the date specified in the advertisement for the meeting,

( c) relates to—

(i) a presidential election within the meaning of the Presidential Elections Act 1993,

(ii) a general election or a bye-election, within the meaning, in each case, of the Electoral Act 1992,

(iii) a local election within the meaning of the Local Government Act 2001, or

(iv) an election of members of the European Parliament under the European Parliament Elections Act 1997,

unless the advertisement has been in place prior to the making of an order by the Minister appointing the day upon which the relevant poll shall be taken or for 30 days prior to the date of the poll, whichever is the shorter period, or for 7 days or more after the latest day upon which the poll was taken for the election or bye-election concerned,

( d) relates to an election of members of Údarás na Gaeltachta under the Údarás na Gaeltachta Act 1979, unless the advertisement has been in place prior to the making of an order by the Minister for Community, Rural and Gaeltacht Affairs appointing the day upon which the poll shall be taken or for 30 days prior to the date of the poll, whichever is the shorter period, or for 7 days or more after the latest day upon which the poll was taken, or

( e) relates to a referendum, within the meaning of the Referendum Act 1994, unless the advertisement has been in place prior to the making of an order by the Minister appointing the day upon which the poll shall be taken, or for 7 days or more after the latest day upon which the poll was taken.”.