REFERENDUM ACT 1994

Number 12 of 1994

REFERENDUM ACT 1994

REVISED

Updated to 1 October 2025

This Revised Act is an administrative consolidation of the Referendum Act 1994. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.

All Acts up to and including Statute Law Revision Act 2025 (10/2025), enacted 23 July 2025, and all statutory instruments up to and including Maritime Area Planning Act 2021 (Fit and Proper Person) Order 2025 (S.I. No. 467 of 2025), made 1 October 2025, were considered in the preparation of this Revised Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to

revisedacts@lawreform.ie.

Number 12 of 1994

REFERENDUM ACT 1994

REVISED

Updated to 1 October 2025

ARRANGEMENT OF SECTIONS

PART I

General

Section
1.	Short title, collective citation and commencement.
2.	Interpretation.
3.	Regulations.
4.	Expenses.
5.	Repeals.
6.	Application of certain provisions of Part XXII of Act of 1992.
7.	Secrecy.
8.	Prohibition of disclosure of vote.
9.	Publication of notices.

PART II

Taking a Referendum

10.	The polling day at a constitutional referendum.
10A.	Advance polling.
11.	Power to appoint the same polling day for a general election and a constitutional referendum.
12.	The polling day at an ordinary referendum.
13.	Times of poll.
14.	The referendum returning officer.
15.	Local returning officers.
16.	Expenses of local returning officers.
17.	Statement by registration authorities of number of presidential electors.
18.	Constituencies.
19.	Polling districts and polling places.
20.	Notice to local returning officers.
21.	Notice of the taking of the referendum.
22.	Copies of Bill to be made available at post offices. (Repealed)
23.	Statement for the information of voters.
24.	Ballot papers.
25.	The official mark.
26.	Provisions as to agents.
27.	Officers not to act as agents.
28.	Voting by postal voters.
29.	Voting by special voters.
30.	Polling on islands.
31.	Authorisation to vote at another polling station.
32.	Taking the poll at a referendum.

PART III

The Counting of the Votes

33.	Arrangements in relation to the counting of votes.
34.	Invalid ballot papers.
35.	Counting of the votes.
36.	Recount.
37.	Report to the referendum returning officer.
38.	Retention and disposal of documents.
39.	Inspection of ballot papers etc.
40.	The provisional referendum certificate.
41.	Notification by Master of the High Court.

PART IV

Referendum Petitions

42.	Referendum petitions.
43.	Grounds for referendum petition.
44.	Presentation of referendum petition.
45.	Particulars in referendum petition.
46.	Trial of referendum petition.
47.	Counting of votes afresh.
48.	Retaking referendum in a constituency.
49.	Withdrawal of petition.
50.	Substitution of new petitioner.
51.	Death of or delay by a petitioner.
52.	Witnesses.
53.	Costs of referendum petition.
54.	Further provisions regarding costs.
55.	Statement of case to Supreme Court.
56.	Service of documents.
57.	The final order on referendum petition.
58.	Provisions in respect of referenda having the same polling day.

FIRST SCHEDULE

Enactments Repealed

SECOND SCHEDULE

Forms of Ballot Paper

Acts Referred to
Referendum Act, 1942	1942, No. 8
Electoral Act, 1963	1963, No. 19
Referendum (Amendment) Act, 1968	1968, No. 34
Electoral (Amendment) Act, 1972	1972, No. 4
Referendum (Amendment) Act, 1972	1972, No. 23
Electoral (Amendment) Act, 1973	1973, No. 3
Holidays (Employees) Act, 1973	1973, No. 25
Referendum (Amendment) Act, 1979	1979, No. 10
Referendum (Amendment) Act, 1983	1983, No. 14
Referendum (Amendment) Act, 1984	1984, No. 7
Electoral (Amendment) Act, 1985	1985, No. 12
Electoral (Amendment) Act, 1986	1986, No. 12
Electoral (Amendment) (No. 2) Act, 1986	1986, No. 35
Referendum (Amendment) Act, 1987	1987, No. 4
Referendum (Amendment) Act, 1992	1992, No. 8
Referendum (Amendment) (No. 2) Act, 1992	1992, No. 22
Electoral Act, 1992	1992, No. 23

Number 12 of 1994

REFERENDUM ACT 1994

REVISED

Updated to 1 October 2025

AN ACT TO PROVIDE FOR THE REFERENCE TO THE PEOPLE UNDER ARTICLE 47 OF THE CONSTITUTION OF BILLS CONTAINING PROPOSALS FOR THE AMENDMENT OF THE CONSTITUTION AND FOR THE REFERENCE TO THE PEOPLE UNDER ARTICLE 27 OF THE CONSTITUTION OF OTHER BILLS AND TO PROVIDE FOR MATTERS CONNECTED WITH THE MATTERS AFORESAID.

[22nd May, 1994]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

Annotations

Modifications (not altering text):

Functions transferred and references to "Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief executive" and "deputy chief executive" construed (16.05.2024) by Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024 (7/2024), ss. 10, 23, 25, 26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.

Functions of Mayor

10. (1) All functions (other than functions conferred by or under an enactment specified in Part 1 of Schedule 1) that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Mayor.

(2) All functions (other than functions conferred by or under an enactment specified in Part 2 of Schedule 1) that, immediately before the vesting day, vested in the chief executive of Limerick City and County Council shall, on and after that day, vest in the Mayor.

(3) From the vesting day, a reference in any enactment (other than an enactment specified in Part 1 of Schedule 1) to Cathaoirleach shall, in so far as the reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.

(4) From the vesting day, a reference in any enactment (other than an enactment specified in Part 2 of Schedule 1) to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the Mayor, or as including a reference to the Mayor, as the context requires.

(5) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

...

Functions of Príomh Chomhairleoir

23. (1) All functions conferred by or under an enactment specified in Part 1 of Schedule 1 that, immediately before the vesting day, vested in the Cathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Príomh Chomhairleoir.

(2) From the vesting day, a reference in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or Cathaoirligh shall, in so far as that reference applies to the Cathaoirleach of Limerick City and County Council, be construed as a reference to the Príomh Chomhairleoir, or as including a reference to the Príomh Chomhairleoir, as the context may require.

(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

...

Functions of Leas-Phríomh Chomhairleoir

25. (1) All functions conferred by or under any enactment that, immediately before the vesting day, vested in the Leas-Chathaoirleach of Limerick City and County Council shall, on and after that day, vest in the Leas-Phríomh Chomhairleoir.

(2) From the vesting day, a reference in any enactment to Leas-Chathaoirleach shall, in so far as that reference applies to the Leas-Chathaoirleach of Limerick City and County Council, be construed as a reference to the Leas-Phríomh Chomhairleoir, or as including a reference to the Leas-Phríomh Chomhairleoir, as the context may require.

(3) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

Director general

26. (1) The chief executive of Limerick City and County Council shall, on and after the vesting day, be known as the director general of Limerick City and County Council and is in this Act referred to as the “director general”.

(2) The person who, immediately before the vesting day, was the chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).

(3) On and after the vesting day, a reference in an enactment specified in Part 2 of Schedule 1 to chief executive shall, in so far as that reference applies to the chief executive of Limerick City and County Council, be construed as a reference to the director general, or as including a reference to the director general, as the context may require.

(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

...

Deputy director general

28. (1) On and after the vesting day, a deputy chief executive appointed by the director general under section 148 of the Principal Act shall be known as the deputy director general of Limerick City and County Council and is, in this Act, referred to as the “deputy director general”.

(2) The person who, immediately before the vesting day, was the deputy chief executive of Limerick City and County Council shall, on and after that day, continue in office and be referred to in accordance with subsection (1).

(3) On and after the vesting day, a reference in any enactment to deputy chief executive shall, in so far as the reference applies to the deputy chief executive of Limerick City and County Council, be construed as a reference to the deputy director general, or as including a reference to the deputy director general, as the context may require.

(4) This section shall apply subject to the modifications of the Principal Act specified in Schedule 3.

...

SCHEDULE 1

PART 1

Enactments for Purposes of Sections 10 and 23

Number and Year

(1)

Provision

(2)

Extent of Modification

(3)

No. 37 of 2001

Local Government Act 2001

Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33, 34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b), 141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8), 178(2)(b), 178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and 220(1); paragraphs 3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10, 13(5)(e), 13(6) and 16(4)(c) of Schedule 10; paragraph 3 of Schedule 14.

PART 2

Enactments for Purposes of Sections 10 and 26

Number and Year (1)	Short Title (2)	Provision (3)
...	...	...
No. 12 of 1994	Referendum Act 1994	The whole Act.
...	...	...

Editorial Notes:

Previous affecting provision: Act applied with modifications for the purposes of the referendum, plebiscite and poll held on the 24 May 2019 (24.05.2019) by Electoral Act, 1992 (Section 165) Regulations 2019 (S.I. No. 214 of 2014), in effect as per reg. 3; spent as per reg. 3.

Previous affecting provision: Act applied with modifications for purposes of electronic voting (21.09.2002) by Electoral (Amendment) Act, 2001 (Section 48) Order 2002 S.I. No. 460 of 2002); revoked (30.04.2007) by Electoral (Amendment) Act 2001 - Part 3 Order 2002 (Revocation) Order 2007 (S.I. No. 192 of 2007), art. 2.

Previous affecting provision: Act applied with modifications for the purposes of the referendum and polls held on the 11 June 2004 (11.06.2004) by Electoral Act, 1992 (Section 165) Regulations 2004 (S.I. No. 237 of 2004), in effect as per reg. 3; spent as per reg. 3.

Previous affecting provision: Act applied with modifications for the purposes of the referendum and local election held on the 11 June 1999 (11.06.1999) by Electoral Act, 1992 (Section 165) Regulations 1999 (S.I. No. 153 of 1999), in effect as per reg. 3; spent as per reg. 3.

Previous affecting provision: application of Act restricted (28.11.1996) by Referendum (Special Difficulty) Order 1996 (S.I. No. 345 of 1996), art. 3; spent as per art. 3.

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REFERENDUM ACT 1994