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8 1942

REFERENDUM ACT, 1942

PART I.

Preliminary and General.

Short title.

1. —This Act may be cited as the Referendum Act, 1942.

Definitions.

2. —In this Act—

the expression “the Minister” means the Minister for Local Government and Public Health;

the expression “constitutional referendum” means a referendum on a proposal for the amendment of the Constitution;

the expression “ordinary referendum” means a referendum on a proposal other than a proposal for the amendment of the Constitution;

the word “referendum”, when used without qualification, includes both a constitutional referendum and an ordinary referendum;

the expression “general election” means a general election of members of Dáil Eireann consequent on a dissolution of Dáil Eireann;

the expression “Dáil elector” means a person entitled to vote at a Dáil election;

the expression “Dáil election” means an election of a member or members of Dáil Eireann;

the word “prescribed” means prescribed by regulations made by the Minister under this Act.

Regulations.

3. —The Minister may make regulations prescribing any matter or thing which is referred to in this Act as prescribed or to be prescribed.

Expenses.

4. —The expenses incurred by the Minister in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of moneys provided by the Oireachtas.

Repeals.

5. —The enactments mentioned in the Third Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.

The referendum returning officer.

6. —(1) As soon as may be after the passing of this Act and from time to time thereafter as occasion requires, the Minister shall appoint a fit and proper person to be the referendum returning officer for the purposes of this Act.

(2) It shall be the duty of the referendum returning officer to conduct the referendum for which he is appointed, to ascertain and declare the result of the voting thereon in accordance with this Act, and to do such other things in respect of such referendum as he is required by this Act to do.

(3) There shall be charged on and paid out of the Central Fund or the growing produce thereof to the referendum returning officer such sums as the Minister for Finance shall sanction for his services and expenses in respect of every referendum conducted by him.

Statement by registration officers of the number of Dáil electors.

7. —(1) As soon as may be after the passing of this Act, every registration officer shall send to the referendum returning officer a statement in the prescribed form of the number of Dáil electors registered in the register of electors then in force in each constituency or portion of a constituency in the registration area of such registration officer.

(2) Whenever after the passing of this Act a register of electors comes into force, every registration officer shall forthwith send to the referendum returning officer a statement in the prescribed form of the number of Dáil electors registered in the register of electors in each constituency or part of a constituency in the registration area of such registration officer.

(3) Whenever the number of Dáil electors which is the subject of a statement sent by a registration officer to the referendum returning officer in pursuance of this section becomes altered by the decision of appeals, correction of errors, or any other cause, such registration officer shall forthwith communicate to the referendum returning officer the fact of such alteration and the particulars thereof.