51. (1) A decision by the Registrar in relation to—

(a) an application for registration under section 43 or 44,

(b) an application under section 50 for amendment of the particulars entered in relation to a party in the Register of Political Parties, or

(c) the cancellation of the registration of a party under section 50(6),

may be questioned by way of an appeal to the Board under this section and, pending the determination by the Board of such an appeal, the decision of the Registrar shall not have effect.

(2) Where the Registrar has decided to refuse an application for registration including the registration of an emblem or an application for an amendment of the register and has stated the reasons for so doing in accordance with section 49 or 50(3), such statement shall be regarded as a sufficient statement of the reasons for the decision.

(3) (a) Not later than 12 noon on the twenty-first day after the publication in Iris Oifigiúil of a decision by the Registrar on an application for registration under section 43 or 44, or for the amendment of the particulars in relation to a party entered in the register under section 50(1) or in respect of the cancellation of the registration of a party under section 50(6), an appeal may be made to the Board against the decision—

(i) in the case of a decision to refuse either an application for registration including the registration of an emblem or an application for an amendment of the register, by the party by which the application was made,

(ii) in the case of a decision to allow either an application for registration or an application for amendment of the register, by any political party registered in the register at the time of the giving by the Registrar of such notice,

(iii) in the case of a decision to cancel a registration, by the party whose registration it is proposed to cancel.

(b) Where no appeal is made under this section within the period specified in paragraph (a), the decision shall at the expiration of the said period become final and the Registrar shall notify the applicant or, as the case may be, the party whose registration he or she has decided to cancel.

(c) An appeal under this section shall be in writing, shall state the grounds on which the appeal is made, shall be addressed to the Chairperson and shall be delivered or sent by post so as to reach the Chairperson not later than the time specified in paragraph (a), together with the deposit referred to in paragraph (d), and any such appeal which is received by the Chairperson after that time or without that deposit shall not be entertained or considered by the Commission.

(d) An appeal under this section shall not be considered by the Board unless at the time the appeal is made a deposit of €500 is lodged with the Chairperson by, or on behalf of, the appellant, which sum shall on the determination of the appeal be returned to the person by whom it was made unless the Board considers the appeal to be frivolous or vexatious and directs that the deposit be forfeited.

(e) A deposit forfeited under this section shall be disposed of by the Chairperson in such manner as may be directed by the Minister for Finance.

(f) The Chairperson, immediately on receipt of an appeal under this section, shall—

(i) notify the Registrar of such receipt,

(ii) furnish the Registrar with a copy of the appeal,

(iii) publish a notice in Iris Oifigiúil that an appeal has been lodged, and

(iv) make the documentation in relation to the appeal available for inspection at all convenient times.

(4) (a) The Board, in determining an appeal under this section, shall consider—

(i) the grounds for the appeal stated pursuant to subsection (3)(c), and

(ii) such information (if any) as was made available to the Registrar in connection with the application for registration (including registration of a political party emblem), the application for amendment of the register or the proposed cancellation of the registration, as the case may be.

(b) The Registrar shall give to the Commission such information in relation to every appeal considered pursuant to this section as the Commission may reasonably require of him or her.

(c) Where information additional to that referred to in paragraph (a)(ii) is furnished to the Commission, the appeal application, if the Commission considers it appropriate and directs accordingly, shall be returned to the Registrar for their consideration and treated, if appropriate, as a new application for registration or an amendment of the register by the Registrar.

(d) The decision of the Commission shall be final and binding.

(5) A decision by the Registrar on an application for registration, including the registration of an emblem, or for amendment of the particulars entered in the register in respect of a party or in relation to the cancellation of the registration of a party under section 50 or a decision by the Commission on an appeal under this section shall not have effect in relation to the relevant election where the decision of the Registrar or the Commission is made or the period for making an appeal under subsection (3) against the decision of the Registrar expires—

(a) in the case of a Dáil election relative to a party registered or seeking registration (including registration of a political party emblem) as a party organised to contest a Dáil election, after the date of the issue of the writ or writs,

(b) in the case of a European election relative to a party registered or seeking registration (including registration of a political party emblem) as a party organised to contest a European election, after the date of the making of the order of the Minister under section 10(1) of the Act of 1997,

(c) in the case of a local election relative to a party registered or seeking registration (including registration of a political party emblem) as a party organised to contest a local election, after the date of the making of the order of the Minister under section 26(2) of the F7[Act of 2001, or]

F8[(d) in the case of a Limerick mayoral election relative to a party registered or seeking registration (including registration of a political party emblem) as a party organised to contest a Limerick mayoral election, after the date of the making of the order of the Minister under paragraph 6 of Schedule 2 to the Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024.]

(6) The Board shall determine an appeal under this section without an oral hearing unless, having regard to the particular circumstances of the appeal, it considers that it is necessary to conduct an oral hearing in order to properly and fairly determine the appeal.

(7) An appeal which has been commenced under section 25B of the Act of 1992 and not completed before the establishment day shall be carried on or completed by the Board under this section on or after the establishment day.

(8) In this section, “Board” means the members of the Commission referred to in section 9(1).