97. (1) In case —

(a) the relevant representative elected under this Act at the last preceding European election was not a candidate described in rule 96(1),

(b) the persons of whom a request was made under the said rule fail or refuse to comply with the request, or

(c) the relevant replacement candidates list is exhausted,

the Clerk of the Dáil shall cause a statement to the effect set out in subparagraph (a), (b) or (c), as may be appropriate, to be laid before each House of the Oireachtas, and the Dáil may select a person whose name is on any replacement candidates list in respect of the constituency concerned, being a list of which public notice was given pursuant to the said rule 49 or, as may be appropriate, the sole such list presented at the last preceding European election in respect of the constituency and, in case the Dáil makes a selection under this rule, it shall by resolution specify the person so selected.

(2) Where, pursuant to paragraph (1) a resolution is passed by the Dáil, the person specified in the resolution shall thereupon be regarded as having been so elected under this Act to the Parliament.