European Parliament Elections Act 1997
F30[Return or disposal of deposit.
13A.—(1) The deposit referred to in section 13 shall be returned where the candidate—
(a) withdraws his or her candidature in accordance with rule 15 of the F31[Second Schedule, or whose candidature is deemed to have been withdrawn in accordance with rule 6(4) of that Schedule],
(b) dies before the poll is closed,
(c) has not, F31[at or before the latest relevant time specified in rule 10 for the receipt of that candidate’s nomination], been validly nominated as a candidate,
(d) is elected, or
(e) is not elected but the greatest number of votes credited to him or her at any stage of the counting of the votes at the European election exceeds one quarter of the quota.
(2) Any deposit which is not returned under the foregoing subsection shall be forfeited.
(3) Where a deposit is to be returned under subsection (1) it shall be returned to the person by whom it was made, provided that a deposit made by a person who dies before the deposit is returned shall be returned to the personal representative of that person.
(4) A deposit forfeited under this section shall be disposed of by the returning officer in such manner as may be directed by the Minister for Finance.
(5) In this section “personal representative” has the meaning assigned to it by section 3 of the Succession Act 1965.]
Annotations
Amendments:
F30
Inserted (24.02.2009) by Electoral (Amendment) Act 2009 (4/2009), s. 10, commenced on enactment.
F31
Substituted (22.07.2013) by Electoral, Local Government and Planning and Development Act 2013 (27/2013), s. 8(a), (b), commenced on enactment.
Modifications (not altering text):
C7
Functions transferred and references to Minister for Finance construed as Minister for Public Expenditure and Reform (29.07.2011) by Finance (Transfer of Departmental Administration and Ministerial Functions) Order 2011 (S.I. No. 418 of 2011), art. 3, 5 and sch. 1 part 2, in effect as per art. 1(2), subject to transitional provisions in arts. 6-9.
3. The functions conferred on the Minister for Finance by or under the provisions of
(a) the enactments specified in Schedule 1, and
(b) the statutory instruments specified in Schedule 2,
are transferred to the Minister for Public Expenditure and Reform.
...
5. References to the Minister for Finance contained in any Act or instrument under an Act and relating to any functions transferred by this Order shall, from the commencement of this Order, be construed as references to the Minister for Public Expenditure and Reform.
...
Schedule 1
Enactments
...
Part 2
1922 to 2011 Enactments
|
Number and Year |
Short Title |
Provision |
|
(1) |
(2) |
(3) |
|
... |
... |
... |
|
No. 2 of 1997 |
European Parliament Elections Act 1997 |
Sections 13(A)(4), 18(3) and (4) and 20(7); Second Schedule, Part I, rule 9(4), Part XV, rules 134(5) and 144(2) and (5) |
|
... |
... |
... |
Note alteration of title of Minister for Public Expenditure and Reform to
• Public Expenditure, National Development Plan Delivery and Reform (1.02.2023) by Public Expenditure and Reform (Alteration of Name of Department and Title of Minister) Order 2023 (S.I. No. 19 of 2023), in effect as per art. 1(2);
• Public Expenditure, Infrastructure, Public Service Reform and Digitalisation (5.06.2025) by Public Expenditure, National Development Plan Delivery and Reform (Alteration of Name of Department and Title of Minister) Order 2025 (S.I. No. 243 of 2025), in effect as per art. 1(2).