European Parliament Elections Act 1997
Return of persons elected.
92. (1) The returning officer for a constituency shall make a return to the F108[chief returning officer] of the candidates elected in the constituency to be representatives in the Parliament.
(2) The return shall be made by a certificate in the form directed by the Minister of the names and descriptions of such candidates signed by the returning officer, as soon as possible after the result of the poll has been declared in accordance with rule 90 or, where there is no poll, when such persons have been declared elected in accordance with rule 23(1)(b).
(3) The returning officer shall give public notice of the names and descriptions of the candidates elected and, in the case of a contested election, of the total number of votes given for each candidate, whether elected or not, of any transfer of votes and the total number of votes credited to each candidate at the end of the count at which such transfer took place. The returning officer shall send a copy of the said notice to the Minister, F109[the chief returning officer], the Clerk of the Dáil and each person elected. The returning officer shall also send to the Minister a copy of each replacement candidates list of which public notice was given pursuant to rule 49.
F110[(4) Notwithstanding paragraph (3), for the purpose of the European elections held in the year 2019, the returning officer for the constituency of Dublin and the returning officer for the constituency of South shall give public notice of the last candidate deemed to be elected, in accordance with rule 88, in each said constituency. The returning officer for the constituency of Dublin and the returning officer for the constituency of South shall send a copy of the said notice to the Minister, the chief returning officer, Clerk of the Dáil (or, where he or she is unable through illness, absence or other cause to fulfil his or her duties or where there is a vacancy in the office of Clerk of Dáil Éireann, the Clerk-Assistant of Dáil Éireann) and to each person elected.]
Annotations
Amendments:
F108
Substituted (1.11.2001) by Electoral (Amendment) Act 2001 (38/2001), s. 51(e)(iv)(V), S.I. No. 497 of 2001.
F109
Inserted (1.11.2001) by Electoral (Amendment) Act 2001 (38/2001), s. 51(s), S.I. No. 497 of 2001.
F110
Inserted (22.05.2019) by European Parliament Elections (Amendment) Act 2019 (7/2019), s. 6(i), S.I. No. 220 of 2019.
Modifications (not altering text):
C25
References to “Clerk of Dáil Éireann” construed (26.07.2014) by Electoral (Amendment) (No. 2) Act 2014 (24/2014), s. 1, commenced on enactment.
1. (1) If and so long as the office of Clerk of Dáil Éireann is vacant or the holder of that office is unable through illness, absence or other cause to perform his or her functions under any of the relevant statutory provisions, the functions conferred on the said Clerk by those provisions shall be performed by the Clerk-Assistant of Dáil Éireann and relevant references in the relevant Acts to the Clerk of Dáil Éireann shall be construed as references to the Clerk-Assistant of Dáil Éireann and any connected references shall be construed accordingly.
(2) In this section—
“relevant Acts” means— ...
(b) the European Parliament Elections Act 1997,
…
“relevant statutory provisions” means— ...
(b) rules 19 and 92(3) of the Second Schedule to the European Parliament Elections Act 1997,
…
