38. Section 43 of the Act of 1994 is amended by the substitution of the following subsection for subsection (3):

“(3) A provisional referendum certificate shall not be questioned by reason of non-compliance by An Coimisiún Toghcháin with any provision of Chapter 5 of Part 2 of the Electoral Reform Act 2022 or mistake made by An Coimisiún Toghcháin if it appears to the High Court that An Coimisiún Toghcháin complied with the principles laid down in that Act and that such non-compliance or mistake did not materially affect the result of the referendum.”.