96. (1) Where a casual vacancy occurs amongst the persons who by virtue of this Act are representatives in the Parliament and the relevant representative elected under this Act at the last preceding European election was at that election a candidate of a registered political party which, or a non-party candidate who, as regards that election, presented a replacement candidates list, being a list of which public notice was given pursuant to rule 49, the Clerk of the Dáil, shall, as soon as may be after the casual vacancy occurs, by letter request the person (if any) whose name stands first or, as may be appropriate, alone on that list to make and deliver to the said Clerk, within 20 days from the day on which the request is made, a statutory declaration, in such form as the Minister may direct, that—

(a) the person is the person whose name stands (whether alone or otherwise) on the list,

(b) the person is eligible and willing to assume the office of representative in the F115[Parliament]

F116[(bb) where the person is a national of a Member State, other than the State F117[…], the person does not stand deprived, as a result of an individual judicial decision, or an administrative decision that may be subject to judicial remedies, of the right to stand as a candidate under the law of that person’s home Member State, and]

(c) in case the relevant representative so elected was at such election a candidate of a registered political party, the person is a member of the registered political party concerned.

(2) If the person of whom a request was made under paragraph (1) fails or refuses to comply with the request, the Clerk of the Dáil, shall, as soon as may be after the refusal or failure concerned, by letter request the person (if any) whose name stands next on the relevant list to make and deliver to the said Clerk a statutory declaration in accordance with the said paragraph (1) and if such person fails or refuses to comply with the request, the Clerk of the Dáil shall, as soon as may be after the refusal or failure concerned, make such a request by letter, in turn, of each of the other persons (if any) whose names appear on the relevant list, in the order in which they so appear, until —

(a) one such person complies with the request, or

(b) the list is exhausted,

whichever is the sooner.

(3) F115[Subject to paragraphs (3A) to (3C), where], pursuant to a request under paragraph (1), the Clerk of the Dáil receives a statutory declaration in compliance with the said paragraph, the Clerk shall, as soon as may be, cause a statement of the declarant's name and address together with a copy of the statutory declaration to be—

(a) laid before each House of the Oireachtas,

(b published in Iris Oifigiúil,

(c) delivered to—

(i) each person on the relevant replacement candidates list, and

(ii) in case the list was presented by a registered political party, that party.

F116[(3A) Where a statutory declaration received by the Clerk of the Dáil pursuant to a request under paragraph (1) and in compliance with that paragraph includes a declaration under subparagraph (bb) of that paragraph, the Clerk, shall, as soon as may be, and before performing the duties required by paragraph (3) in respect of that declaration, forward to the Minister a copy of the declaration, and the Minister shall, as soon as may be—

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

(3B) The Minister shall, as soon as may be after receiving the information requested in paragraph (3A)(b), notify the Clerk of the Dáil 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.

(3C) Where a statutory declaration received by the Clerk of the Dáil pursuant to a request under paragraph (1) and in compliance with that paragraph includes a declaration under subparagraph (bb) of that paragraph, the Clerk shall perform the duties required by paragraph (3) in respect of the statutory declaration—

(a) as soon as may be after the Clerk receives notification pursuant to paragraph (3B) that the person does not stand deprived of the right to stand as a candidate, or

(b) not later than twenty-five days from the date on which the Clerk received the statutory declaration under paragraph (3A),

whichever is the sooner.]

(4) Where a statement of the declarant’s name and address and a copy of the statutory declaration are laid, published and delivered in accordance with paragraph (3) the person named therein shall, upon the expiration of the period of 7 days beginning on the day on which the statement and copy of the statutory declaration are so published in Iris Oifigiúil, be regarded as having been elected under this Act to the Parliament.