Electoral Reform Act 2022

• (2)
• (a) An appeal may be made to an appeal panel in respect of any notice or order issued pursuant to sections 153 , 154 , 155 , 156 or 157 , not later than 5 days from the date on which the notice or order was issued, but the making of an appeal shall not, pending the outcome of the appeal, affect the operation of the notice or order, unless the appeal panel otherwise directs.

• (b) An appeal under paragraph (a) may be made by—

• (i) any natural or legal person directly affected by the notice or order, or

• (ii) an online platform.

• (c) No appeal shall be accepted unless it has been submitted by a natural person (whether on their own behalf or on behalf of a named legal person), and such natural person shall provide such information as may be specified by the Commission.

• (3) An appeal under subsection (2) —

• (a) shall be in writing, made through a portal provided on the Commission’s website for that purpose,

• (b) shall state all of the grounds on which the appeal is made and provide to the appeal panel all of the documents and evidence intended to be relied on to support those grounds, and

• (c) shall be addressed to the chairperson of the appeal panel and be delivered or sent so as to reach the chairperson within the period specified in subsection (2).

• (4) The appeal panel shall determine an appeal 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.

• (5) The Commission may make such rules and establish such procedures in relation to the conduct of appeals and oral hearings as it considers appropriate and shall publish those rules and procedures on a website maintained by or on behalf of the Commission.

• (6) An appeal under this section shall be heard by the appeal panel or by such specified member or members of the appeal panel as may be assigned by the appeal panel to hear the appeal.

• (7) The appeal panel shall have discretion as to the conduct of an oral hearing under this section and shall conduct the hearing or ensure that the hearing is conducted expeditiously and without undue formality.

• (8) The appeal panel, in determining an appeal under this section—

• (a) shall consider the grounds for the appeal stated pursuant to subsection (3)(b),

• (b) shall consider the notice or order, and any such other information in connection with the notice or order as, in the opinion of the appeal panel, may be relevant to its determination, and

• (c) may, where it considers it necessary or expedient for the fair and proper determination of the appeal, have regard to such submissions, documents or evidence not contained in the notice or order as the appeal panel considers appropriate.

• (9) In determining an appeal under this section, the appeal panel may, if satisfied that it is reasonable to do so—

• (a) confirm the notice or order,

• (b) vary the notice or order on such terms as it considers appropriate, or

• (c) cancel the notice or order.

• (10) If, on appeal, the appeal panel varies the notice or order, the notice or order as so varied takes effect immediately on the determination of the appeal.

• (11) The appeal panel may, for the purpose of ensuring the efficient, fair and timely determination of an appeal, specify procedures in respect of the conduct of the appeal.

• (12) The appeal panel may request in writing information from any person within the period specified in the request as it may reasonably require for the purposes of the performance of its functions under this section.

• (13) It shall be an offence to submit an appeal in the name of another person or in a false name, or on behalf of a company absent the consent of the directors of that company (or as may be provided for in the company’s constitution).

• (14) An appeal shall be heard and determined as soon as is practicable.

162. Judicial review

162. Nothing in this Part shall be construed as limiting the entitlement of a person affected by a decision of the Commission to apply to the High Court to seek relief by way of an application for judicial review.

Chapter 5 Codes of conduct

163. Codes of conduct

163. (1)(a) The Commission may publish codes of conduct in respect of online electoral information or online electoral process information.

• (b) A code published under paragraph (a) shall, as soon as is practicable, be laid before both Houses of the Oireachtas.

• (2) A code referred to in subsection (1) may be addressed to:

• (a) an online platform;

• (b) a candidate in an election;

• (c) a political party;

• (d) any other person.

• (3) The Commission may, before publishing a code of conduct under subsection (1), consult with the Advisory Board, the stakeholder council or any other group convened by the Commission for that purpose.

• (4) A code of conduct published under subsection (1) that relates to online electoral information other than online electoral process information shall have effect during a specified electoral period only.

• (5) The Commission may determine whether a code of conduct is an optional code of conduct or a mandatory code of conduct.

• (6) The Commission shall, before publishing a code of conduct under subsection (1), have regard to the following:

• (a) the need to protect democratic values in society;

• (b) the public interest in having a well-informed electorate;

• (c) the threat posed to democratic values by misinformation and disinformation;

• (d) the right to freedom of expression;

• (e) the right to freedom of assembly.

• (7) Where, in the opinion of the Commission, a person to whom a [mandatory] code of conduct is addressed is failing or has failed to comply with the code, the Commission may apply, by motion, to the High Court for an order directing the person to comply with the code, and the Court may, as it thinks fit, on the hearing of the application, make or refuse to make such an order.

Chapter 6 Consultation

164. Consultation by Commission

164. (1) The Commission may, where it considers appropriate for the purposes of its functions under this Part, consult with, and have regard to any information received from—

• (a) the Data Protection Commission,

• (b) An Garda Síochána,

• (c) Coimisiún na Meán, or

• (d) the Minister for the Environment, Climate and Communications, acting in his or her capacity as competent authority under the European Union (Measures for a High Common Level of Security of Network and Information Systems) Regulations 2018 (S.I. No. 360 of 2018).

• (2) Where—

• (a) the Data Protection Commission,

• (b) An Garda Síochána,

• (c) Coimisiún na Meán, or

• (d) the Minister for the Environment, Climate and Communications, acting in his or her capacity as competent authority under the European Union (Measures for a High Common Level of Security of Network and Information Systems) Regulations 2018 (S.I. No. 360 of 2018),

receives or becomes aware of information regarding activities or trends which may affect the fairness or integrity of an election or referendum, the authority or the Minister referred to in paragraph (d), as the case may be, shall immediately notify the Commission of the said information, activities or trends.

Chapter 7 Offences and penalties

165. Offence of failing to comply with notice or order issued under sections 153 to 157

165. (1) It shall be an offence for any person to fail to comply with any notice or order issued under section 153 , 154 , 155 , 156 or 157 , whether that notice or order is addressed to a person within or outside the State.

• (2) A person found guilty of an offence under this section shall be liable—

• (a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months or to both, or

• (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 5 years or to both.

166. Offences of disinformation and misinformation

166. (1) A person who, or any director of a body or association which, during the electoral period or election campaign period with the intention of influencing the results of an election or referendum, or of interfering with the fairness or integrity of that election or referendum, makes or publishes—

• (a) a false statement of the withdrawal of a candidate for election from that election,

• (b) a false statement of fact (including but not limited to a statement of misinformation) with the intention of causing one or more voters to abstain from voting in the election or referendum, or

• (c) a statement, online, that purports to be from another person,

shall be guilty of an offence, unless that person can show that he or she had reasonable grounds for believing and did believe that the statement was true.

• (2) A person found guilty of an offence under this section shall be liable—

• (a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months or to both, or

• (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 5 years or to both.

167. Offence of using undisclosed bot to mislead or influence election or referendum

167. (1) Any person who knowingly uses a bot, or causes a bot to be used, in such a way as to generate multiple online presences that—

• (a) are directed towards influencing the result of an election or referendum,

• (b) are designed or intended to mislead persons as to the bot’s artificial identity, or

• (c) may cause public harm,

shall be guilty of an offence.

• (2) It shall be a defence in proceedings for an offence under this section for a person to show that the use of the bot concerned was disclosed in a manner that was clear, conspicuous and reasonably designed to inform persons with whom the bot interacted or communicated or was intended to interact or communicate that it was a bot.

• (3) A person found guilty of an offence under this section shall be liable—

• (a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months or to both, or

• (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 5 years or to both.

168. Offence of failure to comply with obligations placed on online platform

168. (1) An online platform which fails to comply with section 149 shall be guilty of an offence.

• (2) A person found guilty of an offence under this section shall be liable—

• (a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 12 months or to both, or

• (b) on conviction on indictment, to a fine or to imprisonment for a term not exceeding 5 years or to both.

169. Prosecution of offences

169. (1) Subject to subsection (2), summary proceedings for an offence under this Part may be brought and prosecuted by the Commission.

• (2) Proceedings for an offence under this Part shall not be instituted except by or with the consent of the Director of Public Prosecutions.

• (3) Notwithstanding section 10(4) of the Petty Sessions (Ireland) Act 1851, summary proceedings for an offence under this Part may be instituted within 2 years from the date on which the offence was committed or alleged to have been committed.

• (4) Where an offence under this Part is committed by a body corporate and is proved to have been so committed with the consent or connivance of, or to be attributable to any wilful neglect on the part of, any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

• (5) Where the affairs of a body corporate are managed by its members, subsection (4) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.

• (6)
• (a) Where a person is convicted of an offence under this Part, the court may, where it is satisfied that there are good reasons for so doing, order the person to pay to the prosecution the costs and expenses, measured by the court, incurred by the prosecutor in relation to the investigation, detection and prosecution of the offence, including the costs and expenses of and incidental to an examination of any information provided to the Commission or an authorised officer.

• (b) An order for costs and expenses referred to in paragraph (a) shall be in addition to and not instead of any fine or penalty the court may impose.

170. Extraterritoriality

170. (1) A person who, in a place outside the State—

• (a) does an act or fails to do an act that, if done or was omitted to be done in the State, would constitute an offence under section 165 , or

• (b) does an act that, if done in the State, would constitute an offence under section 166 or 167 ,

shall be guilty of an offence.

• (2) A person guilty of an offence under this section is liable on conviction to the penalty to which he or she would have been liable if he or she did the act or failed to do the act that constitutes the offence in the State.

• (3) Proceedings for an offence under subsection (1) may be taken in any place in the State and the offence may, for all incidental purposes, be treated as having been committed in that place.

• (4) Where a person is charged with an offence under this section, no further proceedings in the matter (other than a remand in custody or on bail) may be taken except by, or with the consent of, the Director of Public Prosecutions.

Chapter 8 Miscellaneous

171. Immunity from suit

171. (1) The Commission shall perform its duties under this Part bona fide and in the interests of the public and electorate in general, having regard to the resources available to it and no action shall lie against it by reason merely of an alleged failure to perform such duties.

• (2) No action shall lie personally against any member of the Commission by reason of any act or omission in the performance of his or her duties under this Part.

172. Service of notices or orders

172. Service of a notice or order issued under section 153 , 154 , 155 , 156 or 157 shall be made in accordance with section 142 .

PART 6 Advance polling during pandemic or Covid-19

Chapter 1 Amendment of Act of 1992

173. Advance polling

173. The Act of 1992 is amended by the insertion of the following section after section 96:

“96A. (1) Notwithstanding section 96, the Minister may, in the public interest and where it is necessary to do so having regard to the immediate, exceptional and serious risk posed to human life and public health by a pandemic or by Covid-19 and with the consent of An Coimisiún Toghcháin, make an order providing that, in addition to the poll provided for under section 96—

• (a) in one or more constituencies, an advance poll may be taken on the day before the day appointed by the Minister under section 96(1), and

• (b) a poll referred to in paragraph (a) shall continue for such period, not being less than twelve hours, between the hours of 7 a.m. and 10.30 p.m.

• (2) An order under this section shall be published in Iris Oifigiúil as soon as may be after it is made.

• (3) The returning officer in a constituency to which an order under subsection (1) applies shall give public notice of the day on which, and the hours during which, the advance poll provided for by that order shall be taken.

• (4) In this section—

‘Covid-19’ means a disease caused by infection with the virus SARS- CoV-2 and specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 (S.I. No. 390 of 1981) or any variant of the disease so specified as an infectious disease in those Regulations;

‘pandemic’ means an outbreak of disease—

- (a) occurring worldwide or over a very wide area, crossing international boundaries and affecting a large number of people, and

- (b) which has been declared by the World Health Organisation to be a pandemic.”.

Chapter 2 Amendment of Act of 1994

174. Advance polling

174. The Act of 1994 is amended by the insertion of the following section after section 10:

“10A. (1) Notwithstanding section 10(1), section 11(1) and section 12(1), the Minister may, in the public interest and where it is necessary to do so having regard to the immediate, exceptional and serious risk posed to human life and public health by a pandemic or by Covid-19 and with the consent of An Coimisiún Toghcháin, make an order providing that, in addition to a poll provided for under section 10(1), section 11(1) or section 12(1)—

• (a) in one or more constituencies, an advance poll may be taken on the day before the day appointed by the Minister under section 10(1), section 11(1) or section 12(1), and

• (b) a poll referred to in paragraph (a) shall continue for such period, not being less than twelve hours, between the hours of 7 a.m. and 10.30 p.m.

• (2) An order under this section shall be published in Iris Oifigiúil as soon as may be after it is made.

• (3) The returning officer in a constituency to which an order under subsection (1) applies shall give public notice of the day on which, and the hours during which, the advance poll provided for by that order shall be taken.

• (4) In this section—

‘Covid-19’ means a disease caused by infection with the virus SARS- CoV-2 and specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 (S.I. No. 390 of 1981) or any variant of the disease so specified as an infectious disease in those Regulations;

‘pandemic’ means an outbreak of disease—

- (a) occurring worldwide or over a very wide area, crossing international boundaries and affecting a large number of people, and

- (b) which has been declared by the World Health Organisation to be a pandemic.”.

Chapter 3 Amendment of Act of 1993

175. Advance polling

175. The Act of 1993 is amended by the insertion of the following section after section 6:

“6A. (1) Notwithstanding section 6(1) and section 8, the Minister may, in the public interest and where it is necessary to do so having regard to the immediate, exceptional and serious risk posed to human life and public health by a pandemic or by Covid-19 and with the consent of An Coimisiún Toghcháin, make an order providing that, in addition to a poll provided for under section 6(1) or section 8—

• (a) in one or more constituencies, an advance poll may be taken on the day before the day appointed by the Minister under section 6(1) or section 8, and

• (b) a poll referred to in paragraph (a) shall continue for such period, not being less than twelve hours, between the hours of 7 a.m. and 10.30 p.m.

• (2) An order under this section shall be published in Iris Oifigiúil as soon as may be after it is made.

• (3) The returning officer in a constituency to which an order under subsection (1) applies shall give public notice of the day on which, and the hours during which, the advance poll provided for by that order shall be taken.

• (4) In this section—

‘Covid-19’ means a disease caused by infection with the virus SARS- CoV-2 and specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 (S.I. No. 390 of 1981) or any variant of the disease so specified as an infectious disease in those Regulations;

‘pandemic’ means an outbreak of disease—

- (a) occurring worldwide or over a very wide area, crossing international boundaries and affecting a large number of people, and

- (b) which has been declared by the World Health Organisation to be a pandemic.”.

Chapter 4 Amendment of Act of 1997

176. Advance polling

176. The Act of 1997 is amended by the insertion of the following section after section 10:

“10A. (1) Notwithstanding section 10, the Minister may, in the public interest and where it is necessary to do so having regard to the immediate, exceptional and serious risk posed to human life and public health by a pandemic or by Covid-19 and with the consent of An Coimisiún Toghcháin, make an order providing that, in addition to the poll provided for under section 10—

• (a) in one or more constituencies, an advance poll may be taken on the day before the day appointed by the Minister under section 10, and

• (b) a poll referred to in paragraph (a) shall continue for such period, not being less than twelve hours, between the hours of 7 a.m. and 10.30 p.m.

• (2) An order under this section shall be published in Iris Oifigiúil as soon as may be after it is made.

• (3) The returning officer in a constituency to which an order under subsection (1) applies shall give public notice of the day on which, and the hours during which, the advance poll provided for by that order shall be taken.

• (4) In this section—

‘Covid-19’ means a disease caused by infection with the virus SARS-CoV-2 and specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 (S.I. No. 390 of 1981) or any variant of the disease so specified as an infectious disease in those Regulations;

‘pandemic’ means an outbreak of disease—

- (a) occurring worldwide or over a very wide area, crossing international boundaries and affecting a large number of people, and

- (b) which has been declared by the World Health Organisation to be a pandemic.”.

Chapter 5 Amendment of Act of 2001

177. Advance polling

177. The Act of 2001 is amended by the insertion of the following section after section 26:

“26A. (1) Notwithstanding section 26, the Minister may, in the public interest and where it is necessary to do so having regard to the immediate, exceptional and serious risk posed to human life and public health by a pandemic or by Covid-19 and with the consent of An Coimisiún Toghcháin, make an order providing that, in addition to the poll provided for under section 26—

• (a) in one or more local authorities, an advance poll may be taken on the day before the day appointed by the Minister under section 26, and

• (b) a poll referred to in paragraph (a) shall continue for such period, not being less than twelve hours, between the hours of 7 a.m. and 10.30 p.m.

• (2) An order under this section shall be published in Iris Oifigiúil as soon as may be after it is made.

• (3) In this section—

‘Covid-19’ means a disease caused by infection with the virus SARS-CoV-2 and specified as an infectious disease in accordance with Regulation 6 of, and the Schedule to, the Infectious Diseases Regulations 1981 (S.I. No. 390 of 1981) or any variant of the disease so specified as an infectious disease in those Regulations;

‘pandemic’ means an outbreak of disease—

- (a) occurring worldwide or over a very wide area, crossing international boundaries and affecting a large number of people, and

- (b) which has been declared by the World Health Organisation to be a pandemic.”.

Chapter 6 Amendment of Local Elections Regulations 1995

178. Advance polling

178. The Local Elections Regulations 1995 are amended by the insertion of the following article after article 50:

“50A. The returning officer in a local authority to which an order under section 26A(1) of the Local Government Act 2001 applies shall give public notice of the day on which, and the hours during which, the advance poll provided for by that order shall be taken.”.

PART 7 Amendment of Electoral Act 1997 - Political donations and accounts

179. Definition

179. In this Part, “Principal Act” means the Electoral Act 1997.

180. Amendment of section 2 of Principal Act

180. Section 2(1) of the Principal Act is amended by the substitution of the following definition for the definition of “property”:

“ ‘property’, other than in Part IX, means real and personal property;”.

181. Amendment of section 3 of Principal Act

181. Section 3 of the Principal Act is amended, in subsection (1)—

• (a) by the insertion of “23C,” after “23B,”, and

• (b) by the insertion of “48C,” after “48B,”.

182. Amendment of section 4 of Principal Act

182. Section 4 of the Principal Act is amended, in subsection (3), by the substitution of the following paragraph for paragraph (c)—

• “(c) Where, following consideration of any comments which the person to whom a notification issues under paragraph (a), or where such person fails to make any such comments, the Standards in Public Offices Commission continues to be of the opinion that there may have been a contravention of a provision of Part IV, V or VI or regulations made under section 72, it shall consider—

• (i) whether, in the opinion of the Standards in Public Office Commission, there is evidence sufficient to justify the bringing of proceedings in relation to an offence for a contravention of the provisions of Part IV, V or VI or regulations made under section 72, or

• (ii) where there is not sufficient evidence, whether to direct the carrying out of an investigation by an authorised officer under section 4B(1).”.

183. Powers of investigation

183. The Principal Act is amended by the insertion of the following section after section 4A:

“4B. (1) Notwithstanding subsections (3), (4), (4A), (4B) and (4C) of section 4, where the Standards in Public Office Commission reasonably believes that a person may have committed or may be committing a contravention of Parts IV, V, VI or IX, the Standards in Public Office Commission may direct the carrying out of an investigation by an authorised officer under this section.

• (2) The Standards in Public Office Commission may appoint such and so many persons as it may determine (each of whom is referred to in this section as an ‘authorised officer’) to carry out investigations under this section.

• (3) The Standards in Public Office Commission shall furnish an authorised officer with an authorisation and, when carrying out an investigation under this section, an authorised officer shall, if requested to do so by any person affected by the investigation, produce to the person the authorisation or a copy of it together with a form of personal identification.

• (4) An authorised officer may, for the purposes of carrying out an investigation under this section—

  • (a) require any person to provide any information or explanation which the authorised officer may reasonably require for the purposes of the investigation,

  • (b) require any person to produce any document or other thing of which the person has control, or to which the person has access, and which the authorised officer may reasonably require for the purposes of the investigation,

  • (c) require any person to attend before the authorised officer to answer questions, and to make a declaration of the truth of the answers to the questions, for the purposes of the investigation,

  • (d) subject to subsection (5), enter and search (if necessary accompanied by a member of the Garda Síochána) any premises at, on or in which the authorised officer reasonably believes there may be any document or other thing which the authorised officer may reasonably require for the purposes of the investigation,

  • (e) inspect and take copies of, or extracts from, any document or other thing produced in compliance with a requirement under paragraph (b) or found on a search under paragraph (d) or pursuant to a warrant under subsection (6),

  • (f) require a person to make available in a legible form any documents so produced or found otherwise than in a legible form, or

  • (g) require a person to give to the authorised officer such assistance as the authorised officer may reasonably require for the purposes of the investigation and make available to the authorised officer such reasonable facilities as are necessary for the authorised officer to exercise his or her powers.

• (5) An authorised officer shall not enter a dwelling when carrying out an investigation under this section otherwise than—

  • (a) with the consent of the occupier, or

  • (b) pursuant to a warrant under subsection (6).

• (6) If a judge of the District Court is satisfied on the sworn information of an authorised officer that there are reasonable grounds for believing that there is in, on or at any premises any document or other thing which the authorised officer may reasonably require for the purposes of an investigation under this section, the judge may issue a warrant authorising a named person at any time or times within one month from the date of issue of the warrant, on production (if so requested) of the warrant, to enter and search the premises using reasonable force where necessary, and exercise all or any of the powers conferred on an authorised officer.

• (7) A warrant under subsection (6) may permit the person authorised by it to be accompanied by such members of the Garda Síochána or other persons as the person authorised by the warrant considers necessary.

• (8) An authorised officer may, if authorised by the Standards in Public Office Commission to do so, make interim reports to the Commission while carrying out an investigation under this section.

• (9) As soon as reasonably practicable after the conclusion of an investigation under this section the authorised officer by whom the investigation was carried out shall give to the Standards in Public Office Commission a copy of a report stating the findings of the investigation and the authorised officer’s conclusions on the findings together with his or her reasons for making them and the Commission shall consider the authorised officer’s report and, if it is satisfied that a contravention is taking or has taken place, may bring summary proceedings in respect of an offence under Parts IV, V, VI or IX.

• (10) A statement or admission made by a person pursuant to a requirement under subsection (4) shall not be admissible in evidence in proceedings brought against that person for an offence (other than for an offence under sections 25(1)(d), 25(1A)(b), 25(1B)(a), 25(1C), 25(1D), 25(1E)(b), 25(1F), 43(2)(d), 43(3)(c), 61(2)(d), 61(2)(g), 61(2A), 61(2B)(b), 61(3)(c) and 92(1)(d)).

• (11) The production of a document or other thing in compliance with a requirement under subsection (4) does not prejudice a person’s lien on the document or other thing.

• (12) Nothing in this section shall operate to require a person to provide to an authorised officer any information or explanation, or to produce to an authorised officer any documents or other things, that he or she would be entitled to refuse to provide or produce on the grounds of legal professional privilege.

• (13) An authorised officer shall not disclose any information obtained under this section otherwise than in a report under this section.

• (14) In this section ‘premises’ includes vessel, aircraft, vehicle and any other means of transport, as well as land and any other fixed or moveable structure.”.

184. Amendment of section 22 of Principal Act

184. Section 22 of the Principal Act is amended—

• (a) in subsection (1), by the substitution of “a body or association (including a body or association that has an office outside the State), which” for “a body or association, which”,

• (b) in paragraph (a) of subsection (2), by the substitution of “given within or outside the State for political purposes by any person (including a subsidiary organisation that has an office outside the State)” for “given for political purposes by any person”,

• (c) in paragraph (aa) of subsection (2)—

• (i) by the insertion of the following definition:

“ ‘cryptocurrency’ means any form of digital currency that is not regulated, and in relation to which encryption techniques are used to regulate the generation of units of currency and verify the transfer of monies;”,

• (ii) by the deletion of paragraph (d) of the definition of “institution”, and

• (iii) by the substitution of the following paragraphs for paragraphs (e) and (f) of the definition of “institution”:

• “(e) An Post,

• (f) a credit institution authorised in accordance with the European Union (Capital Requirements) Regulations 2014 (S.I. No. 158 of 2014) to carry on business in the State, or

• (g) a credit union registered as such under the Credit Union Act 1997;”,

• (d) in paragraph (b) of subsection (2)—

• (i) in clause (I) of subparagraph (iii), by the substitution of “the individual’s profession and provided that the individual is not, directly or indirectly, paid by any other person for that service or to facilitate the provision of the service” for “the individual’s profession”,

• (ii) in clause (II) of subparagraph (iii), by the substitution of “political party (other than an individual in the employment of a subsidiary organisation of that party that has an office outside the State)” for “political party”,

• (iii) in subparagraph (vi), by the deletion of “candidate authenticated by the political party at a Dáil or European election,”,

• (iv) in subparagraph (vii), by the substitution of “or funds provided to such candidate by the political party in relation to those expenses,” for “other than a donation of money;”,

• (v) by the insertion of the following subparagraphs after subparagraph (vii):

• “(viii) election expenses incurred by a political party on behalf of a candidate authenticated by the political party at a Dáil or European election or funds provided to such candidate by the political party in relation to those expenses, or

• (ix) any payment, contribution or supply of goods or services (without payment or other consideration or at less than the commercial price) given outside the State by a person to a political party and accepted by that political party in accordance with the laws of the state in which it is accepted and, where it is a monetary payment or contribution, is kept or retained in a separate designated fund;”.

185. Amendment of section 23A of Principal Act

185. Section 23A of the Principal Act is amended, in subsection (1)—

• (a) in paragraph (ii), by the substitution of “ €2,500,” for “ €2,500, or”,

• (b) in paragraph (iii), by the substitution of “ €200, or” for “ €200.”, and

• (c) by the insertion of the following paragraph after paragraph (iii):

• “(iv) a donation of whatever value in the form of cryptocurrency.”.

186. Party leader’s statement

186. The Principal Act is amended by the insertion of the following section after section 24A:

“24B. (1) Not later than 31 March in every year, the leader of each political party, which, in the preceding year, had members in either House of the Oireachtas or, as the case may be, in the European Parliament, shall furnish to the Standards in Public Office Commission a written statement, in the form directed by the Commission, in respect of the preceding year, indicating the value of each donation received by the political party from outside the State (if any), whether in cash or in kind, exceeding €100 in value and confirming that each such donation (including all contributions) has been included in the written statement for that year.

• (2) A statement furnished pursuant to subsection (1) (to be referred to in this Act as a ‘party leader’s statement’) shall be accompanied by a statutory declaration made by the person by whom the statement is furnished that, to the best of the party leader’s knowledge and belief, the statement is correct in every material respect and that the party leader has taken all reasonable action in order to be satisfied as to the accuracy of the statement.

• (3) It shall be the duty of every party leader who is required by this section to furnish a party leader’s statement and make a statutory declaration to make such enquiries and maintain such records as are necessary for the purpose of furnishing the said statement and making the declaration.”.

187. Amendment of section 25 of Principal Act

187. Section 25 of the Principal Act is amended—

• (a) by the insertion of the following subsections after subsection (1E):

• “(1F) A person who fails to furnish a statement under section 24B(1), or a statutory declaration under section 24B(2), or who knowingly furnishes a statement under section 24B(1) or statutory declaration under section 24B(2) which is false or misleading in any material respect, shall be guilty of an offence.

• (1G) A person who—

  • (a) fails to notify the Standards in Public Office Commission of the receipt of a donation the acceptance of which is prohibited by section 23, 23A or 23AA,

  • (b) (i) fails to remit to the Standards in Public Office Commission a donation the acceptance of which is prohibited by section 23 or 23A(2), or in the case of a donation referred to in section 23A(1) or 23AA(1) which is a monetary donation, the part of it exceeding the limit concerned or the value thereof, to the Commission, or

    • (ii) fails to return to the donor the donation referred to in section 23A(1) or 23AA(1) or that part of the donation exceeding the limit,

  • (c) fails to furnish the statement of an institution, certificate or statutory declaration referred to in section 23B or furnish the donation statement or make the statutory declaration referred to in section 24(3) to the Standards in Public Office Commission,

  • (d) fails to furnish the statement referred to in section 24(1A) or make the statutory declaration referred to in section 24(3) to the Standards in Public Office Commission, or

  • (e) (i) fails to notify the Standards in Public Office Commission of the receipt of a donation the acceptance of which is prohibited by section 24A(2), or

    • (ii) fails to remit a donation the acceptance of which is prohibited by section 24A(2), or its value, to the Commission,

    shall be guilty of an offence.”,

• (b) in paragraph (b) of subsection (2), by the substitution of “(1D), (1E)(b) or (1G)” for “(1D) or (1E)(b)”, and

• (c) by the substitution of the following subsection for subsection (3):

• “(3) Summary proceedings for an offence under this section may be brought and prosecuted by the Standards in Public Office Commission.”.

188. Amendment of section 31 of Principal Act

188. Section 31 of the Principal Act is amended, in paragraph (a) of subsection (1), by the substitution of “In this Part and in section 22 ‘election expenses’ means” for “In this Part ‘election expenses’ means”.

189. Amendment of section 43 of Principal Act

189. Section 43 of the Principal Act is amended—

• (a) in subsection (2), by the substitution of the following paragraphs for paragraph (e):

• “(e) fails otherwise to comply with the provisions of section 36, or

• (f) fails to furnish to the Standards in Public Office Commission the statement of election expenses or the statutory declaration referred to in section 36.”,

• (b) in subsection (3), by the substitution of the following paragraphs for paragraph (d):

• “(d) fails otherwise to comply with the provisions of section 36, or

• (e) fails to furnish to the Standards in Public Office Commission the statement of election expenses or the statutory declaration referred to in section 36.”,

• (c) in paragraph (b) of subsection (5), by the substitution of “subsection (2)(a), (2)(d), (2)(f), (3)(c) or (3)(e)” for “subsection (2)(d) or (3)(c)”, and

• (d) by the substitution of the following subsection for subsection (7):

• “(7) Summary proceedings for an offence under this section may be brought and prosecuted by the Standards in Public Office Commission.”.

190. Amendment of section 46 of Principal Act

190. Section 46 of the Principal Act is amended—

• (a) in subsection (1), by the insertion of the following definition:

“ ‘cryptocurrency’ means any form of digital currency that is not regulated, and in relation to which encryption techniques are used to regulate the generation of units of currency and verify the transfer of monies;”,

and

• (b) in paragraph (aa) of subsection (2)—

• (i) by the deletion of paragraph (d) of the definition of “institution”, and

• (ii) by the substitution of the following paragraphs for paragraphs (e) and (f) of the definition of “institution”:

• “(e) An Post,

• (f) credit institution authorised in accordance with the European Union (Capital Requirements) Regulations 2014 (S.I. No. 158 of 2014) to carry on business in the State, or

• (g) a credit union registered as such under the Credit Union Act 1997;”.

191. Amendment of section 48A of Principal Act

191. Section 48A of the Principal Act is amended, in subsection (1)—

• (a) in paragraph (ii), by the substitution of “ €2,500,” for “ €2,500, or”,

• (b) in paragraph (iii), by the substitution of “ €200, or” for “ €200.”, and

• (c) by the insertion of the following paragraph after paragraph (iii):

• “(iv) a donation of whatever value in the form of cryptocurrency.”.

192. Amendment of section 61 of Principal Act

192. Section 61 of the Principal Act is amended—

• (a) by the insertion of the following subsection after subsection (2B):

• “(2C) A person who—

  • (a) fails to furnish the statement of election expenses or the statutory declaration referred to in section 56 to the Standards in Public Office Commission,

  • (b) fails to furnish the presidential election donation statement or make the statutory declaration referred to in section 48 or the statement of an institution, certificate or statutory declaration referred to in section 48B to the Standards in Public Office Commission,

  • (c) fails to notify the Standards in Public Office Commission of the receipt of a donation the acceptance of which is prohibited by section 47, 48A or 48AA,

  • (d) (i) fails to remit to the Standards in Public Office Commission a donation the acceptance of which is prohibited by section 47 or 48A(2), or in the case of a donation referred to in section 48A(1) or 48AA(1) which is a monetary donation, the part of it exceeding the limit concerned or the value thereof, to the Commission, or

    • (ii) fails to return to the donor the donation referred to in section 48A(1) or 48AA(1) or that part of the donation exceeding the limit,

    shall be guilty of an offence.”,

• (b) in subsection (3), by the substitution of the following paragraphs for paragraph (d):

• “(d) fails otherwise to comply with the provisions of section 56,

• (e) fails to furnish the statement of election expenses or the statutory declaration referred to in section 56 to the Standards in Public Office Commission.”,

• (c) in paragraph (b) of subsection (5), by the substitution of “subsection (2)(a), (2)(d), (2)(g), (2A), (2B)(b), (2C), (3)(c) or (3)(e)” for “subsection (2)(d) or (g), subsection (2A), (2B)(b) or subsection (3)(c)”, and

• (d) by the substitution of the following subsection for subsection (7):

• “(7) Summary proceedings for an offence under this section may be brought and prosecuted by the Standards in Public Office Commission.”.

193. Fixed payment notices

193. The Principal Act is amended by the insertion of the following section:

“82A. (1) Where a person commits an offence under a relevant provision, the Standards in Public Office Commission may serve a notice (in this section referred to as a ‘fixed payment notice’) on the person.

• (2) The fixed payment notice shall—

  • (a) be in a form directed by the Minister,

  • (b) state that the person is alleged to have committed an offence under the relevant provision concerned,

  • (c) state that the person is not obliged to pay the fixed payment,

  • (d) state that, if the fixed payment is paid to the Commission by the date specified in it, a prosecution in respect of the offence under the relevant provision concerned will not be initiated, and

  • (e) contain details of how the fixed payment is to be paid.

• (3) The fixed payment notice may be served on the person:

  • (a) by sending it to the person by electronic means to an email address, fax number or other electronic contact point used by the person for receiving emails, faxes or other electronic messages and a record that the email, fax or other electronic message has been sent to the person is made for the sender by the email system, fax machine or other electronic system used;

  • (b) by delivering it to the person;

  • (c) by sending it by post in a prepaid registered letter or by any other form of recorded delivery service to—

    • (i) in the case of an individual, the address at which the individual ordinarily resides or any other address provided by the individual for the purposes of this section,

    • (ii) in the case of a company, its registered office, or

    • (iii) in the case of any other body corporate or unincorporated body, its principal office or place of business.

• (4) The fixed payment is €200.

• (5) No prosecution in respect of the offence under the relevant provision shall be initiated against the person—

  • (a) until after the date specified in the fixed payment notice as that by which the fixed payment is to be paid, or

  • (b) at all, if the fixed payment is paid to the Standards in Public Office Commission before that date.

• (6) The amount of any fixed payment received by the Standards in Public Office Commission under this section shall be paid into or disposed of for the benefit of the Exchequer as the Minister for Finance directs.

• (7) In this section, ‘relevant provision’ means section 25(1)(c), 25(1A)(a), 43(2)(c) (insofar as it relates to section 36(1)(a)), 43(3)(b), 61(2)(c), 61(2)(f), 61(3)(b) or 92(1)(c).”.

194. Amendment of section 83 of Principal Act

194. Section 83 of the Principal Act is amended—

• (a) by the insertion of the following definitions:

“ ‘FRS 102’ means the accounting standard entitled ‘The Financial Reporting Standard applicable in the UK and Republic of Ireland’, issued by the Financial Reporting Council Limited (being a body prescribed under the Companies Act 2014 (Accounting Standards) (Prescribed Body) Regulations 2018 (S.I. No. 84 of 2018));

‘property’, in relation to any political party, and its subsidiary organisations, means all land and buildings (whether situate within or outside the State), owned or controlled by the party or subsidiary organisation concerned —

• (a) which supports the political and promotional activities of the political party, its elected members, party officials or party members either within or outside the State,

• (b) which benefits, either directly or indirectly, the political party, its elected members, party officials or party members in promoting the policies, aims and objectives of the political party either within or outside the State,

• (c) any income derived from which is used to promote, either directly or indirectly, the political party, its elected members or candidates standing for election on behalf of that party, or

• (d) which is effectively controlled by the political party, its elected members, party officials or party members, for the benefit of the party;

‘subsidiary organisation’ in relation to any political party, means a body or association (including a body or association that has an office outside the State) which—

• (a) forms part of such political party,

• (b) is established by or under the constitution of the political party,

• (c) is effectively controlled by the political party or the officers thereof, or

• (d) has functions conferred on it by or under the constitution of the party.”,

• (b) by the substitution of “section 89;” for “section 89.” in the definition of “guidelines”.

195. Amendment of section 84 of Principal Act

195. Section 84 of the Principal Act is amended—

• (a) in subsection (1), by the insertion of “and of each of its subsidiary organisations” after “concerned”,

• (b) in subsection (2)—

• (i) in paragraph (a)—

• (I) by the insertion of “, and of each of its subsidiary organisations,” after “party”, and

• (II) by the substitution of “time,” for “time, and”,

and

• (ii) by the substitution of the following paragraphs for paragraph (b):

• “(b) be furnished by each subsidiary organisation to the appropriate officer within the period of 3 months from the end of the financial year to which the relevant books of accounts relate, and

• (c) enable the appropriate officer to ensure that the annual statement of accounts complies with the guidelines.”.

196. Amendment of section 85 of Principal Act

196. Section 85 of the Principal Act is amended—

• (a) by the substitution of the following subsection for subsection (1):

• “(1) Subject to section 91(1), the appropriate officer shall prepare a statement of accounts for the political party concerned and itssubsidiary organisations (in this Part referred to as the ‘annual statement of accounts’) in respect of each financial year.”,

and

• (b) in subsection (2), by the substitution of the following paragraph for paragraph (a):

• “(a) (i) comply with such requirements as to its form and contents (including any requirements provided for under FRS 102) as may be provided for in guidelines,

  • (ii) include a breakdown of the aggregate amount of donations received by the political party and each of its subsidiary organisations as provided for in guidelines, and

  • (iii) include all property within the ownership of the political party, and its subsidiary organisations, whether mortgaged, charged, alienated or otherwise encumbered,

  and”.

197. Amendment of section 86 of Principal Act

197. Section 86 of the Principal Act is amended by the substitution of the following subsection for subsection (1):

• “(1) Subject to section 91(1) and (2), the annual statement of accounts of a political party, and of each of its subsidiary organisations, in respect of a financial year shall be audited by a statutory auditor.”.

198. Amendment of section 88 of Principal Act

198. Section 88 of the Principal Act is amended—

• (a) in subsection (3)—

• (i) by the insertion, in paragraph (a), of “(including any requirements under FRS 102)” after “guidelines”,

• (ii) by the insertion, in paragraph (c), of “(including any requirements under FRS 102)” after “guidelines”, and

• (iii) by the insertion of “and on the outcome of any prosecution that may have been instigated under section 92” after “in its possession)”,

• (b) in subsection (4), by the insertion of “(including any requirements under FRS 102)” after “guidelines”, and

• (c) in paragraph (b) of subsection (6), by the insertion of “and on the outcome of any prosecution that may have been instigated under section 92” after “non-compliance”.

199. Amendment of Principal Act - insertion of sections 91 and 92

199. The Principal Act is amended by the insertion of the following sections after section 90:

“Subsidiary organisations

91. (1) Where a subsidiary organisation of a political party has—

• (a) an income of €15,000 or less in a calendar year, or

• (b) holds cash or similar assets, land or buildings of less than €40,000 in value at any time during a calendar year,

sections 85(1), 86(1) and 87(1) shall not apply and the appropriate officer of the political party shall not be required to prepare an annual statement of accounts for that subsidiary organisation.

• (2) Where a subsidiary organisation of a political party—

  • (a) has an income greater than €15,000 but less than €40,000 in a calendar year,

  • (b) holds cash or similar assets, land or buildings valued at greater than €40,000 but less than €100,000 in value at any time during a calendar year, or

  • (c) has expenditure of €40,000 or less in that calendar year,

  sections 86(1) and 87(1)(b) shall not apply and the annual statement of accounts for that subsidiary organisation shall not be required to be audited by a statutory auditor.

• (3) For the avoidance of doubt, where a subsidiary organisation of a political party—

  • (a) has income greater than €40,000 in a calendar year,

  • (b) holds cash or similar assets, land or buildings greater than €100,000 in value, or

  • (c) has expenditure greater than €40,000 in that calendar year,

  the requirements of sections 85(1), 86(1) and 87(1) shall apply to that subsidiary organisation and the appropriate officer of the political party shall be required to prepare an annual statement of accounts for that subsidiary organisation and those annual statements of accounts shall be audited by a statutory auditor.

• (4) For the purposes of calculating the amounts specified in subsections (1), (2) and (3), transfers, between a political party and a subsidiary organisation or between one subsidiary organisation and another subsidiary organisation of a political party, shall be excluded so as to avoid the double counting of such transfers.

Offences and penalties

92. (1) The appropriate officer shall be guilty of an offence if he or she—

- (a) fails to keep, or cause to be kept, all proper and usual books of accounts under section 84,

- (b) fails to prepare an annual statement of accounts in respect of each financial year under section 85,

- (c) fails to furnish an annual statement of accounts and a copy of the auditor’s report no later than the end of the period provided for in section 87,

- (d) fails to furnish an annual statement of accounts and a copy of the auditor’s report to the Standards in Public Office Commission, or

- (e) knowingly furnishes a statement of accounts to the Standards in Public Office Commission which is false or misleading in any material respect.

• (2) It shall be a defence to proceedings for an offence under this section for the person charged with the offence to show that he or she took all reasonable steps to avoid the commission of the offence.

• (3) Where a person is guilty of an offence under this section—

  • (a) the person shall be liable on summary conviction to a class D fine,

  • (b) the person shall be liable, where the offence is an offence referred to in paragraphs (b), (d) or (e) of subsection (1), on conviction on indictment to a fine not exceeding €25,000 to imprisonment for a period not exceeding 3 years or to both, and

  • (c) where the conviction relates to a failure to furnish an annual statement of accounts and a copy of the auditor’s report referred to in section 87, the person shall be guilty of a further offence on every day on which the failure continues after such conviction and for each such offence the person shall be liable, on summary conviction, to a fine not exceeding €100.

• (4) Summary proceedings for an offence under this section may be brought and prosecuted by the Standards in Public Office Commission. ”.

PART 8 Polling on Islands

200. Amendment of Act of 1992

200. The Act of 1992 is amended—

• (a) in section 86—

• (i) by the deletion of “, other than a poll taken on a day specified under section 85,”, and

• (ii) in paragraph (a), by the insertion of—

• (I) “sudden onset of” before “stress of weather”, and

• (II) “unforeseen” before “transport difficulties”,

• (b) in section 96, by the insertion of the following subsections after subsection (1):

• “(1A) Notwithstanding subsection (1)(b), where the Minister is of the opinion that due to local circumstances concerning an island, and taking account of advice from the returning officer for the constituency in which the island is situated, it would be unnecessary or impracticable for the poll to continue on the island for the period fixed under subsection (1)(b), the Minister may by order, not later than the seventh day before polling day, shorten the period of the poll on the island.

• (1B) A poll the subject of an order under subsection (1A) shall continue on the island for not less than 4 hours.

• (1C) Where an order is made under subsection (1A), the returning officer for the constituency in which the island is situated shall, as soon as may be after it is made, give public notice in the polling district in which the island is situated stating the day appointed under subsection (1)(a) on which, and the period shortened by the order under subsection (1A) during which, the poll shall be taken on the island.

• (1D) In subsection (1A), ‘local circumstances’ includes:

  • (a) the number of Dáil electors on the island;

  • (b) the distance between a polling station on the island and the place appointed for the counting of votes under section 112;

  • (c) advance forecasts of stress of weather;

  • (d) foreseen transport difficulties.”,

• (c) in section 108, by the deletion of “85,”, and

• (d) in section 114, by the substitution of the following subsection for subsection (2):

• “(2)

  • (a) The ballot papers extracted by the returning officer from each ballot box shall be counted and their total number shall be compared with the number shown in the appropriate ballot paper account.

  • (b) Where ballot boxes from a polling station situated on an island have not reached the place appointed for the counting of votes under section 112 at or before the time specified in subsection (1) due to stress of weather or transport difficulties, the returning officer shall, in respect of the other ballot boxes, proceed in accordance with subsections (1) and (1A), and paragraph (a).

  • (c) When all the ballot boxes, including all those from polling stations situated on an island, have reached the place appointed for the counting of votes and been dealt with in accordance with subsections (1) and (1A), and paragraph (a), the returning officer shall prepare a statement showing the result of the comparison referred to in paragraph (a) in respect of all the ballot boxes and he or she shall, on request allow the agent of any candidate to copy the statement.”.

201. Amendment of Act of 1993

201. The Act of 1993 is amended—

• (a) in section 3(3), by the deletion of paragraph (h),

• (b) in section 7—

• (i) by renumbering the existing section as subsection (1), and

• (ii) by the insertion of the following subsections after subsection (1):

• “(2) Notwithstanding subsection (1)(b), where the Minister is of the opinion that due to local circumstances concerning an island, and taking account of advice from the local returning officer for the constituency in which the island is situated, it would be unnecessary or impracticable for the poll to continue on the island for the period referred to in subsection (1)(b), the Minister may by order, not later than the seventh day before polling day, shorten the period of the poll on the island.

• (3) A poll the subject of an order under subsection (2) shall continue on the island for not less than 4 hours.

• (4) Where an order is made under subsection (2), the local returning officer for the constituency in which the island is situated shall, as soon as may be after it is made, give public notice in the polling district in which the island is situated stating the day appointed by the presidential election order on which, and the period shortened by the order under subsection (2) during which, the poll shall be taken on the island.

• (5) An order made under subsection (2) shall be published in Iris Oifigiúil as soon as may be after it is made.

• (6) In subsection (2), ‘local circumstances’ includes:

  • (a) the number of presidential electors on the island;

  • (b) the distance between a polling station on the island and the place appointed for the counting of votes under section 112 of the Act of 1992;

  • (c) advance forecasts of stress of weather;

  • (d) foreseen transport difficulties.”,

and

• (c) in section 42, by the substitution of “section 86” for “sections 85 and 86”.

202. Amendment of Act of 1994

202. The Act of 1994 is amended—

• (a) in section 2(3), by the deletion of paragraph (l),

• (b) in section 13—

• (i) by renumbering the existing section as subsection (1), and

• (ii) by the insertion of the following subsections after subsection (1):

• “(2) Notwithstanding subsection (1)(b), where the Minister is of the opinion that due to local circumstances concerning an island, and taking account of advice from the local returning officer for the constituency in which the island is situated, it would be unnecessary or impracticable for the poll to continue on the island for the period referred to in subsection (1)(b), the Minister may by order, not later than the seventh day before polling day, shorten the period of the poll on the island.

• (3) A poll the subject of an order under subsection (2) shall continue on the island for not less than 4 hours.

• (4) Where an order is made under subsection (2) the local returning officer for the constituency in which the island is situated shall, as soon as may be after it is made, give public notice in the polling district in which the island is situated stating the day appointed under section 10 or 12 on which, and the period shortened by the order under subsection (2) during which, the poll shall be taken on the island.

• (5) An order made under subsection (2) shall be published in Iris Oifigiúil as soon as may be after it is made.

• (6) In subsection (2), ‘local circumstances’ includes:

  • (a) the number of presidential electors on the island;

  • (b) the distance between a polling station on the island and the place appointed for the counting of votes under section 112 of the Act of 1992;

  • (c) advance forecasts of stress of weather;

  • (d) foreseen transport difficulties.”,

and

• (c) in section 30, by the substitution of “section 86” for “sections 85 and 86”.

203. Amendment of Local Elections Regulations 1995

203. (1) Article 49 of the Local Elections Regulations 1995 is amended—

• (a) by the deletion of sub-articles (1) and (2),

• (b) in sub-article (3)—

• (i) by the insertion of “at an election” after “Where a poll is to be taken”,

• (ii) in paragraph (a), by the insertion of—

• (I) “sudden onset of” before “stress of weather”, and

• (II) “unforeseen” before “transport difficulties”,

and

• (c) by the deletion of sub-article (4).

• (2) Article 50 of the Local Elections Regulations 1995 is amended—

• (a) by renumbering the existing article as sub-article (1), and

• (b) by the insertion of the following sub-article after sub-article (1):

• “(2) Where an order is made under section 26(2A) of the Local Government Act 2001, the returning officer for the election in the local electoral area in which the island is situated shall give public notice in the polling district in which the island is situated stating the day fixed under section 26(2) of that Act on which, and the period shortened by the order under section 26(2A) of that Act during which, the poll shall be taken on the island.”.

• (3) Article 76 of the Local Elections Regulations 1995 is amended by the substitution of the following sub-article for sub-article (3):

• “(3)

  • (a) The ballot papers extracted by the returning officer from each ballot box shall be counted and their total number shall be compared with the number shown in the appropriate ballot paper account.

  • (b) Where ballot boxes from a polling station situated on an island have not reached the place appointed for the counting of votes under article 74(2) at or before the time specified in article 74(1), due to stress of weather or transport difficulties, the returning officer shall, in respect of the other ballot boxes, proceed in accordance with sub-articles (1), (1A), (2) and paragraph (a).

  • (c) When all the ballot boxes, including all those from polling stations situated on an island, have reached the place appointed for the counting of votes under article 74(2) and been dealt with in accordance with sub-articles (1), (1A), (2) and paragraph (a), the returning officer shall prepare a statement showing the result of the comparison referred to in paragraph (a) in respect of all the ballot boxes and shall include particulars of the ballot papers, if any, transmitted to the said officer pursuant to sub-article (2) and the returning officer shall, on request, allow the agent of any candidate to copy the statement.”.

204. Amendment of Act of 2001

204. Section 26 of the Act of 2001 is amended by the insertion of the following subsections after subsection (2):

• “(2A) Notwithstanding subsection (2), where the Minister is of the opinion that due to local circumstances concerning an island, and taking account of advice from the returning officer (within the meaning of the Local Elections Regulations 1995) for the election in the local electoral area in which the island is situated, it would be unnecessary or impracticable for the poll to continue on the island for the period fixed by the Minister by order under subsection (2), the Minister may by order, not later than the seventh day before polling day, shorten the period of the poll on the island.

• (2B) A poll the subject of an order under subsection (2A) shall continue on the island for not less than 4 hours.

• (2C) In subsection (2A), ‘local circumstances’ includes:

  • (a) the number of local government electors on the island;

  • (b) the distance between a polling station on the island and the place appointed for the counting of votes under article 74(2) of the Local Elections Regulations 1995;

  • (c) advance forecasts of stress of weather;

  • (d) foreseen transport difficulties.”.

205. Amendment of Act of 1997

205. The Act of 1997 is amended—

• (a) in section 10, by the insertion of the following subsections after subsection (1):

• “(1A) Notwithstanding subsection (1)(b), where the Minister is of the opinion that due to local circumstances concerning an island, and taking account of advice from the returning officer for the constituency in which the island is situated, it would be unnecessary or impracticable for the poll to continue on the island for the period appointed by the Minister by order under subsection (1)(b), the Minister may by order, not later than the seventh day before polling day, shorten the period of the poll on the island.

• (1B) A poll the subject of an order under subsection (1A) shall continue on the island for not less than 4 hours.

• (1C) In subsection (1A), ‘local circumstances’ includes:

  • (a) the number of European electors on the island;

  • (b) the distance between a polling station on the island and the place appointed for the verification of ballot paper accounts under rule 73(2) of the Second Schedule;

  • (c) advance forecasts of stress of weather;

  • (d) foreseen transport difficulties.”,

and

• (b) in the Second Schedule—

• (i) in rule 48—

• (I) by the deletion of paragraphs (1) and (2),

• (II) in paragraph (3), by the insertion of “at a European election” after “Where a poll is to be taken”,

• (III) in paragraph (3)(a), by the insertion of—

• (A) “sudden onset of” before “stress of weather”, and

• (B) “unforeseen” before “transport difficulties”,

and