Grangegorman Development Agency Act 2005

SCHEDULE 4

Election of Residents' Nominee to the Agency and Residents' Members of the Consultative Group

1. The chairperson of the Agency shall have responsibility for making the arrangements for the first election of the residents' nominee to the Agency (“the Agency election”) and the election of the 2 residents' members of the Consultative Group (“the Consultative Group election”) in accordance with the provision of this Schedule.

2. (1) Within one month of his or her appointment, the chairperson of the Agency shall invite—

(i) resident associations and tenants associations in the Grangegorman neighbourhood to register as an interested “registered group” for the Agency election, and

(ii) community groups and associations, including resident and tenants associations, parish and district associations and groups, youth and sports clubs, and similar non-commercial groups in the Grangegorman neighbourhood to register as an interested “registered group” for the Consultative Group election.

(2) Each register shall remain open for not less than 21 days (“the registration period”).

(3) The chairperson of the Agency shall, within 14 days of the expiry of the registration period, compile and publish a list of the registered groups in respect of each election of the registered groups on a website and make such other arrangements as he or she deems appropriate for the publication to the Grangegorman neighbourhood of the lists of the registered groups.

3. (1) The chairperson of the Agency shall arrange a meeting of the registered groups (“election meeting”), in respect of the Agency election and the Consultative Group election, to take place as soon as practicable after the expiry of the registration period. The purpose of each election meeting shall be the election of the residents' nominee to the Agency and the 2 residents' members of the Consultative Group, respectively.

(2) Not earlier than 14 days after the expiry of the registration period and not later than 21 days prior to the election meeting, the chairperson of the Agency shall call for nominations for appointment to the Agency and to the Consultative Group.

(3) The chairperson of the Agency shall notify each registered group of the valid nominees in respect of each election not less than 14 days before the election meeting. The chairperson's decision on the validity of a nomination shall be final.

(4) Each nominee must be nominated by at least 2 registered groups. The nomination must specify the name and address of the person nominated, the position for which he or she is nominated and the registered groups who are proposing the individual for nomination.

(5) Only persons resident in the Grangegorman neighbourhood and registered in the Register of Electors for an electoral ward within that area may stand for election or vote in the election.

(6) Each registered group may be represented by not more than 2 persons at the election meeting. Each of these persons shall be entitled to one vote at the meeting.

4. (1) Voting at the election shall be by secret ballot and by means of a single non-transferable vote.

(2) The chairperson of the Agency shall provide a ballot paper listing, in alphabetical order, all valid nominations in respect of the Agency election and the Consultative Group election. The nominee shall be identified on the ballot paper by name and the organisation he or she represents.

(3) The ballot paper shall be distributed at the election meeting to all persons entitled to vote. The chairperson of the Agency will call for the ballot and arrange collection of ballot papers and the counting of ballots.

(4) The individual who receives the highest number of votes shall be deemed to be elected to the position for which they were nominated. Where an individual is nominated in respect of both the Agency election and the Consultative Group election, that individual may not simultaneously represent the residents on the Agency and be a member of the Consultative Group and, in the event that an individual receives sufficient votes in respect of both positions, he or she must elect one position and will be deemed to have forfeited the other position and the individual with the next highest number of votes in that election shall be deemed elected.

(5) The result of the ballot shall be announced as soon as possible after the counting of the ballots.

5. The chairperson shall inform the Minister of the residents' representative to the Agency and shall inform the Agency of the residents' members of the Consultative Group within 3 days of the election meeting.

6. (1) In all subsequent elections the Chief Executive will be responsible for carrying out the functions of the chairperson of the Agency hereunder.

(2) The second or subsequent elections must take place not more than 14 days prior to the expiry of the term of office of the outgoing member or as soon as practicable thereafter.

(3) In the event of a casual vacancy arising in relation to the residents' nominee to the Agency or residents' member of the Consultative Group, the chairperson of the Agency shall, within one month of the vacancy arising, seek nominations for appointment to the vacancy from the existing list of registered groups and shall arrange an election meeting as soon as practicable thereafter.

7. (1) Where, for whatever reason, following the conduct of arrangements in accordance with the provisions of this Schedule, a residents' nominee to the Agency or a residents' member of the Consultative Group cannot be elected, then the chairperson may provide for a fresh registration period to facilitate the registration of additional registered groups as provided in paragraph 2 of this Schedule and shall call for fresh nominations for appointment to the Agency or to the Consultative Group and cause a fresh election to be held in accordance with the provision of this Schedule as soon as practicable thereafter.

(2) If the subsequent arrangements for an election fail to yield a residents' nominee to the Agency or a residents' member of the Consultative Group, then the chairperson shall provide for a fresh registration period to facilitate the registration of additional registered groups as provided in paragraph 2 of this Schedule. The chairperson shall call for fresh nominations for appointment to the Agency or to the Consultative Group and cause a further election to be held in accordance with the provision of this Schedule, provided however that the chairperson may at his or her discretion waive the requirement for nominees to be nominated by at least 2 registered groups.