Electoral (Amendment) (No. 2) Act 2009
Number 9 of 2009
ELECTORAL (AMENDMENT) (NO. 2) ACT 2009
REVISED
Updated to 9 January 2023
This Revised Act is an administrative consolidation of Electoral (Amendment) (No. 2) Act 2009. It is prepared by the Law Reform Commission in accordance with its function under Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), enacted 21 December 2022, and all statutory instruments up to and including Planning And Development And Foreshore (Amendment) Act 2022 (Commencement) Order 2023 (S.I. No. 1 of 2023), made 9 January 2023, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 9 of 2009
ELECTORAL (AMENDMENT) (NO. 2) ACT 2009
REVISED
Updated to 9 January 2023
Introduction
This Revised Act presents the text of the Act as it has been amended since enactment, and preserves the format in which it was first passed.
Related legislation
Electoral Acts 1992 to 2022: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Electoral Reform Act 2022 (30/2022), s. 1(2)). The Acts in this group are:
• Electoral Act 1992 (23/1992)
• Electoral (Amendment) Act 1996 (43/1996)
• Electoral Act 1997 (25/1997)
• Electoral (Amendment) Act 1998 (4/1998)
• Electoral (Amendment) (No. 2) Act 1998 (19/1998) (Repealed)
• Local Elections (Disclosure of Donations and Expenditure) Act 1999 (7/1999)
• Standards in Public Office Act 2001 (31/2001), in so far as it relates to functions of the Commission under the Electoral Act 1997 (25/1997)
• Electoral (Amendment) Act 2001 (38/2001)
• Electoral (Amendment) Act 2002 (4/2002)
• Electoral (Amendment) (No. 2) Act 2002 (23/2002)
• Electoral (Amendment) Act 2004 (15/2004)
• Electoral (Amendment) Act 2005 (16/2005)
• Electoral (Amendment) Act 2006 (33/2006)
• Electoral (Amendment) Act 2007 (14/2007)
• Electoral (Amendment) Act 2009 (4/2009)
• Electoral (Amendment) (No. 2) Act 2009 (9/2009), other than s. 9
• Electoral (Amendment) Act 2011 (14/2011)
• Electoral (Amendment) Act 2012 (27/2012)
• Electoral (Amendment) (Political Funding) Act 2012 (36/2012)
• Electoral (Amendment) (Dáil Constituencies) Act 2013 (7/2013)
• Electoral, Local Government and Planning and Development Act 2013 (27/2013)
• Local Government Reform Act 2014 (1/2014), s. 1(6), s. 5(4) and sch. 2 part 2, sch. 4 paras. 17 and 18, in so far as it relates to the Electoral Act 1992
• Electoral (Amendment) Act 2014 (8/2014)
• Electoral (Amendment) Act 2014 (62/2015)
• Electoral (Amendment) Act 2016 (5/2016)
• Electoral (Amendment) (Dáil Constituencies) Act 2017 (39/2017)
• Companies (Statutory Audits) Act 2018 (22/2018), ss. 71 and 73
• European Parliament Elections (Amendment) Act 2019 (7/2019), s. 8
• Electoral Reform Act 2022 (30/2022), ss. 6-30, 41-59, 61-69, 72, 77-114, 173
Local Elections Acts 1974 to 2014: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Local Government Reform Act 2014 (1/2014), s. 1(5)). The Acts in this group are:
• Local Elections (Petitions and Disqualifications) Act 1974 (8/1974)
• Electoral Act 1992 (23/1992), so much of Act as relates to local elections
• Local Government Act 1994 (8/1994), Parts II and III
• Electoral Act 1997 (25/1997), Parts VII and VIII, insofar as they relate to local elections
• Local Government Act 1998 (16/1998), ss. 9 and 10
• Local Elections (Disclosure of Donations and Expenditure) Act 1999 (7/1999), other than s. 1(4) and so much of s. 25 as relates to the European Parliament elections
• Local Government Act 2001 (37/2001), Parts 3, 4 and Chapter 3 of Part 5, s. 243
• Electoral (Amendment) Act 2001 (38/2001), in so far as it relates to local elections
• Electoral (Amendment) Act 2002 (4/2002), in so far as it relates to local elections
• Local Government (No. 2) Act 2003 (17/2003), in so far as it relates to local elections
• Electoral (Amendment) Act 2004 (15/2004), in so far as it relates to local elections
• Electoral (Amendment) Act 2006 (33/2006), in so far as it relates to local elections
• Electoral (Amendment) Act 2009 (4/2009), in so far as it relates to local elections
• Electoral (Amendment) (No. 2) Act 2009 (9/2009), other than s. 9
• Electoral (Amendment) (Political Funding) Act 2012 (36/2012), in so far as it relates to local elections
• Local Government Reform Act 2014 (1/2014), s. 1(5), s. 5(4) and sch. 2 part 2, in so far as it relates to the Local Elections (Petitions and Disqualifications) Act 1974 and the Local Elections (Disclosure of Donations and Expenditure) Act 1999
Litter Pollution Acts 1997 to 2009: this Act is one of a group of Acts included in this collective citation, to be construed together as one (Electoral (Amendment) (No. 2) Act 2009 (9/2009), s. 10(4)). The Acts in this group are:
• Litter Pollution Act 1997 (12/1997)
• Waste Management (Amendment) Act 2001 (36/2001), s. 14
• Protection of the Environment Act 2003 (27/2003), Part 4
• Electoral (Amendment) (No. 2) Act 2009 (9/2009), s. 9
Annotations
This Revised Act is annotated and includes textual and non-textual amendments, statutory instruments made pursuant to the Act and previous affecting provisions. A version without annotations, showing only textual amendments, is also available.
An explanation of how to read annotations is available at
www.lawreform.ie/annotations
Material not updated in this revision
Where other legislation is amended by this Act, those amendments may have been superseded by other amendments in other legislation, or the amended legislation may have been repealed or revoked. This information is not represented in this revision but will be reflected in a revision of the amended legislation if one is available.
Where legislation or a fragment of legislation is referred to in annotations, changes to this legislation or fragment may not be reflected in this revision but will be reflected in a revision of the legislation referred to if one is available.
A list of legislative changes to any Act, and to statutory instruments from 1972, may be found linked from the page of the Act or statutory instrument at
www.irishstatutebook.ie.
Acts which affect or previously affected this revision
• Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2014 (6/2014)
• Local Government Reform Act 2014 (1/2014)
All Acts up to and including Local Government (Maternity Protection and Other Measures for Members of Local Authorities) Act 2022 (52/2022), enacted 21 December 2022, were considered in the preparation of this revision.
Statutory instruments which affect or previously affected this revision
• Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007)
• Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007)
All statutory instruments up to and including Planning And Development And Foreshore (Amendment) Act 2022 (Commencement) Order 2023 (S.I. No. 1 of 2023), made 9 January 2023, were considered in the preparation of this revision.
Number 9 of 2009
ELECTORAL (AMENDMENT) (NO. 2) ACT 2009
REVISED
Updated to 9 January 2023
ARRANGEMENT OF SECTIONS
Section
2. Amendment of section 2 of Act of 1999.
3. Amendment of section 6 of Act of 1999.
4. Insertion of Part IIIA in Act of 1999.
5. Amendment of section 19 of Act of 1999.
6. Amendment of section 19C of Act of 1999.
7. Amendment of section 20 of Act of 1999.
8. Amendment of section 21 of Act of 1999.
Acts Referred to
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2001, No. 38 |
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1992,No. 23 |
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1997,No. 2 |
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1997,No. 12 |
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Litter Pollution Acts 1997 to 2003 |
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Local Elections (Disclosure of Donations and Expenditure) Act 1999 |
1999, No. 7 |
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2001,No. 37 |
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2000,No. 30 |
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1993,No. 28 |
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1994,No. 12 |
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1979, No. 5 |
Number 9 of 2009
ELECTORAL (AMENDMENT) (NO. 2) ACT 2009
REVISED
Updated to 9 January 2023
AN ACT TO REGULATE EXPENDITURE BY POLITICAL PARTIES AND CANDIDATES; TO AMEND THE LOCAL ELECTIONS (DISCLOSURE OF DONATIONS AND EXPENDITURE) ACT 1999; TO AMEND THE LITTER POLLUTION ACT 1997; AND TO PROVIDE FOR RELATED MATTERS.
[25th March, 2009]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
Annotations
Modifications (not altering text):
C1
Application of collectively cited Electoral Acts 1923 to 1990 and Electoral Acts 1992 to 2013 restricted (1.07.2014) by Oireachtas (Ministerial and Parliamentary Offices) (Amendment) Act 2014 (6/2014), s. 2(6)(a), S.I. No. 210 of 2014.
Payment of Parliamentary Activities Allowance to parliamentary leaders of qualifying parties and to independent members
2. ...
(6) An allowance paid under this section shall not be used for, or to recoup, election or poll expenses incurred for the purposes of any election or poll held under—
(a) the Electoral Acts 1923 to 1990 or the Electoral Acts 1992 to 2013,
...
C2
Offences under collectively cited Litter Pollution Acts 1997 to 2003 deemed to be offences for the purposes of s. 34(5)(a) of the Waste Management Acts 1996 to 2007 (31.03.2008) by Waste Management (Collection Permit) Regulations 2007 (S.I. No. 820 of 2007), art 21(l).
Offences for the purpose of section 34(5) of the Act
21. It is hereby prescribed that, notwithstanding the revocation of any Regulations specified hereunder and subject to any amendment that may be made to these Regulations from time to time— ...
(l) an offence under the Litter Pollution Acts 1997 — 2003 (S.I. No. 12 of 1997 and S.I. No. 27 of 2003),
...
shall be an offence for the purposes of section 34(5)(a) of the Act.
C3
Offences under collectively cited Litter Pollution Acts 1997 to 2003 deemed to be offences for the purposes of arts. 36 and 38 of Waste Management (Facility Permit and Registration) Regulations 2007 (S.I. No. 821 of 2007) (31.03.2008) by Waste Management (Facility Permit and Registration) Regulations 2007(S.I. No. 821 of 2007), art. 22(l).
Offences for the Purpose of articles 36 and 38
22. It is hereby prescribed that, notwithstanding the revocation of any Regulations specified hereunder, subject to any amendments which may be made to the regulations from time to time—
...
(l) an offence under the Litter Pollution Acts, 1997 — 2003,
...
shall be an offence for the purposes of articles 36 and 38.