19. (1) Each replacement candidates list shall be delivered to the returning officer within the times specified for receiving nominations F65[that apply, under rule 10, to the candidate to whom the replacement candidates list relates and] such delivery shall be made by —

(a) in case the list is signed by an officer referred to in rule 18(3)(a) , the officer or, as may be appropriate, any of the officers, by whom the list was signed or any person who is as regards the European election in the constituency concerned a candidate of the party to which the list relates,

(b) in case the list is signed by a person who is a non-party candidate at such election, that person or the person ’ s proposer.

F65[(2) Where a person nominated as a replacement candidate on a replacement candidates list is a national of a Member State, other than the State F66[…], and a statutory declaration in conformity with rule 6(1) in respect of the person concerned has not been delivered to the returning officer for the constituency concerned pursuant to the said rule 6(1), there shall be delivered to the returning officer at the time of delivery of the replacement candidates list a statutory declaration in the prescribed form made by the person stating—

(a) the Member State of which the person is a national,

(b) the person’s date and place of birth,

(c) the person’s last address in the person’s home Member State,

(d) the address in the State at which the person is ordinarily resident,

(e) where applicable, the locality or constituency in the person’s home Member State on the electoral roll of which the person’s name was last entered,

(f) that the person is not a candidate at the election in any other Member State, and

(g) that the person does not stand deprived of the right to stand as a candidate under the law of the person’s home Member State as a result of an individual judicial decision, or an administrative decision that may be subject to judicial remedies.]

(3) (a) Where the returning officer is of opinion that a replacement candidates list is not properly made out or signed and the list is not amended to his or her satisfaction, the returning officer shall rule it as being invalid.

(b) A decision under this paragraph shall be final.

(c) As soon as may be after the receipt by the returning officer at a European election of a replacement candidates list which he or she does not rule as being invalid the returning officer shall —

(i) cause to be displayed outside the place at which the officer is receiving nominations a notice referring to the list and stating the names and addresses of the replacement candidates nominated by entry thereon and in the order in which they appear on the list,

(ii) give, by post or otherwise, notice in writing of such receipt to the person or persons by whom the list was signed, and to each replacement candidate nominated by entry thereon and a notice given pursuant to this subparagraph to a replacement candidate shall refer to the relevant replacement candidates list and contain the names of the replacement candidates nominated by entry, and in the order in which they appear, thereon.

(d) As soon as may be after the time specified in rule 15(1) as the latest time for the withdrawal of candidature, the returning officer shall examine the replacement candidates lists (if any), and —

(i) where the number of replacement candidates included in any such list exceeds the maximum number permitted by rule 17(a), the returning officer shall delete from the list the number of names equal to the excess commencing with the name which stands at the bottom of the list and if need be thereafter working up that list,

(ii) where, in relation to a person referred to in paragraph (2), the relevant F65[statutory declaration referred to in that paragraph and conforming thereto is not] delivered to the returning officer in accordance with that paragraph, the returning officer shall delete the name of the person concerned from the replacement candidates list,

(iii) in case the returning officer deletes a name from a replacement candidates list the returning officer shall, as soon as may be, give, by post or otherwise, to the person whose name has been deleted and to the person or, as may be appropriate, each of the persons, by whom the list was signed, notice in writing of the deletion and of the reason therefor.

(4) (a) A replacement candidates list may be withdrawn by notice in writing signed by—

(i) in case the list is a replacement candidates list referred to in paragraph (3)(a) of rule 18, the person who is or, as may be appropriate, the persons who are for the time being the officer or officers referred to in that paragraph, or

(ii) in case the list is a replacement candidates list referred to in paragraph (3)(b) of rule 18, the non-party candidate by whom it was signed,

and delivered to the returning officer not later than F65[the latest time for receiving nominations specified in rule 10(3)].

(b) A notice referred to in subparagraph (a) may be delivered to the returning officer by being given to him or her by —

(i) in case the notice relates to a replacement candidates list referred to in rule 18(3)(a) —

(I) the officer or, as may be appropriate, any of the officers, by whom it was signed, or

(II) any person who is as regards the European election in the constituency concerned a candidate of the party to which the list relates,

(ii) in case the notice relates to a replacement candidates list referred to in rule 18(3)(b), the non-party candidate by whom the list was signed or the proposer of that candidate.

(c) The returning officer shall, immediately on the delivery to him or her of a notice referred to in subparagraph (a), give public notice of the withdrawal concerned.

(5) Where a replacement candidates list is presented at a European election and—

(a) in case such list was presented by a registered political party, at the latest time for withdrawal of candidature under rule 15 no candidate of that party stands nominated, or

(b) in case such list was presented by a non-party candidate and the candidature of that candidate is, or pursuant to either F65[section 13, rule 6(4) or rule 27(1)] is deemed to have been, withdrawn,

the replacement candidates list shall be deemed to have been withdrawn.

(6) Nothing done by a returning officer in exercising the power conferred on such officer by paragraph (3)(d) shall form a ground on which a European election may be questioned.

(7) As soon as may be after the notice of poll is published in a constituency pursuant to rule 49, the returning officer concerned shall deliver to the Clerk of the Dáil the replacement candidates lists duly presented at that election in respect of the constituency (being lists of which public notice was given pursuant to the said rule 49).

(8) The Clerk of the Dáil shall retain possession of each replacement candidates list delivered to him or her pursuant to paragraph (7) and each such list shall, unless the contrary is shown, be evidence of the matters stated therein.

F65[(9) The returning officer shall, immediately after a statutory declaration referred to in paragraph (2) is delivered to him or her, forward to the Minister a copy of the declaration and the Minister shall, as soon as may be—

(a) transmit a copy of the statutory declaration to the competent administrative authority of the home Member State of the person who made the statutory declaration, and

(b) request information from that competent administrative authority verifying whether or not that person stands deprived of the right to stand as a candidate under the law of that person’s home Member State as a result of an individual judicial decision, or an administrative decision that may be subject to judicial remedies, and the Minister may ask for such information to be provided within a specified period of time.]

F67[(10) The Minister shall, as soon as may be after receiving the information requested in paragraph (9)(b), notify the returning officer as to whether the person stands deprived of the right to stand as a candidate under the law of that person’s home Member State as a result of an individual judicial decision, or an administrative decision that may be subject to judicial remedies.

(11) If, at or before the time specified in paragraph (1) of rule 15 as the latest time for the withdrawal of candidature, the returning officer is notified under paragraph (10) that a person stands deprived of the right to stand as a candidate, the returning officer shall delete the name of the person concerned from the replacement candidates list.]