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7 1999

LOCAL ELECTIONS (DISCLOSURE OF DONATIONS AND EXPENDITURE) ACT, 1999

PART IV

Statements and Information

Statement of donations and election expenses.

13. —(1) (a) (i) The national agent of a political party or a person who incurs election expenses under section 6 (7) at a national level shall, within 90 days next following the polling day at an election, furnish in person to the specified local authority a statement in writing of all election expenses (whether paid or not) incurred by such agent or person in relation to the election and the several matters to which such expenses relate.

(ii) A designated person or a person who incurs election expenses under section 6 (7) in respect of a local electoral area or electoral area in relation to a political party or otherwise at an election shall, within 90 days next following the polling day at an election, furnish in person to the local authority concerned, a statement in writing of all election expenses (whether paid or not) incurred by such designated person or person in relation to the election and the several matters to which such expenses relate.

(iii) A candidate shall, within 90 days following the polling day at an election, furnish in person to the local authority concerned a statement in writing of all election expenses (whether paid or not) incurred by such candidate in relation to the election, the several matters to which such expenses relate and details of donations referred to in paragraph (c).

(b) The national agent of a political party, a designated person or a person to whom section 6 (7) applies shall include in the statement of election expenses furnished by him or her under subparagraph (i) or (ii) of paragraph (a) details of the election expenses incurred by him or her. The statement shall be in the prescribed form and shall be accompanied by a statutory declaration made by the national agent, designated person or person to whom section 6 (7) applies by whom the statement is furnished, to the effect that to the best of his or her knowledge and belief the statement is correct in every material respect and that he or she has taken all reasonable action in order to be satisfied as to the accuracy of the statement.

(c) (i) A candidate at an election shall include in the statement of donations and election expenses furnished by him or her under paragraph (a) (iii) details of the election expenses he or she incurred pursuant to section 6 and the source of the income, including details of each donation over £500, to meet such expenses.

(ii) Where a person makes more than one donation to a candidate in relation to the same election, all such donations shall, for the purposes of subparagraph (i), be aggregated and treated as a single donation.

(iii) The statement shall be accompanied by a statutory declaration, made by the candidate by whom the statement is furnished, to the effect that to the best of his or her knowledge and belief the statement is correct in every material respect and that he or she has taken all reasonable action in order to be satisfied as to the accuracy of the statement.

(d) Each statement furnished under this subsection shall include particulars of all disputed claims, if any, and all claims, if any, received after the day referred to in section 11 .

(2) Where, after a statement is furnished under subsection (1), an order for payment of a claim is made by a court under section 12 , the national agent, designated person, candidate or person referred to in section 6 (7), as the case may be, shall, not later than 7 days after the date of the order of the court, furnish to the specified local authority or to the local authority concerned a copy of the said order together with a statement of the sum payable under the order.

(3) It shall be the duty of every national agent, designated person, candidate or other person who is required by this section to furnish a statement and make a statutory declaration to make such enquiries and maintain such records as are necessary for the purpose of furnishing the statement and making the declaration.

(4) Where a candidate standing nominated at an election dies—

(a) in any of the circumstances referred to in subarticle (1), (2) or (3) of article 28 of the Local Elections Regulations, 1995, or

(b) after the close of poll at the election and before a statement required under subsection (1) (a)(iii) has been furnished to the local authority concerned in respect of that candidate,

such statement shall not be required to be made to the local authority concerned.

(5) If a person to whom section 6 (7) applies, dies before the expiration of the period for furnishing a statement under subsection (1), such statement shall not be required to be made to the local authority concerned.

Details of statements, etc. to be furnished to members of local authority.

14. —(1) Subject to subsection (2), as soon as may be after the receipt of a statement and a statutory declaration furnished pursuant to subparagraph (ii) or (iii) of section 13 (1)(a) the clerk or secretary of the local authority concerned shall furnish a copy of the statement and declaration together with a copy of any relevant court orders to members of that local authority.

(2) Where an error or omission in a statement furnished pursuant to subparagraph (ii) or (iii) of section 13 (1)(a) is corrected or made good, as the case may be, in accordance with section 18 (2), the clerk or secretary of the local authority concerned shall furnish a copy of the statement as so corrected to members of that local authority.

Relief for non-compliance.

15. —(1) In any legal proceedings, where—

(a) the national agent of a political party fails to furnish to the specified local authority a statement of election expenses or any part of such statement or a statutory declaration which he or she was required to furnish under section 13 (1)(a)(i) or there is an error, omission or false or misleading statement therein, or

(b) the designated person fails to furnish to the local authority concerned a statement of election expenses or any part of such statement or a statutory declaration which he or she was required to furnish under section 13 (1)(a)(ii) or there is an error, omission or false or misleading statement therein, or

(c) a candidate at an election fails to furnish to the local authority concerned a statement of donations and election expenses or any part of such statement or a statutory declaration which he or she was required to furnish under section 13 (1)(a)(iii) or there is an error, omission or false or misleading statement therein, or

(d) a person referred to in section 6 (7) fails to furnish to the specified local authority or the local authority concerned a statement of election expenses or any part of such statement or a statutory declaration which the person was required to furnish under subparagraph (i) or (ii) of section 13 (1)(a) or there is an error, omission or false or misleading statement therein,

the following provisions of this section shall apply.

(2) Where it is shown to the Circuit Court that the failure, error, omission or false or misleading statement arose—

(a) due to the illness of a party to the proceedings,

(b) where a party to the proceedings is a national agent, due to the death, illness, absence or misconduct of any employee or former employee of such agent,

(c) where a party to the proceedings is a designated person, due to the death, illness, absence or misconduct of any employee, or former employee of such person,

(d) where a party to the proceedings is a candidate, due to the death, illness, absence or misconduct of any employee, or former employee of such candidate,

(e) where a party to the proceedings is a person referred to in section 6 (7), due to the death, illness, absence or misconduct of any employee or former employee of such person, or

(f) due to inadvertence or other reasonable cause not involving negligence on the part of such party to the proceedings, or the contravention, knowingly, by such party of the provisions of this Act,

and was not due to any lack of bona fides on the part of such party to the proceedings and where the proceedings are based wholly or partly on the grounds of misconduct on the part of any person, such misconduct was without the approval or knowledge of such party to the proceedings and such party took all reasonable action to prevent such misconduct, then the Circuit Court may, on application to it by such party, on being satisfied that it is appropriate so to do, make such order granting relief for the failure, error, omission or false or misleading statement the subject of the proceedings as it considers reasonable.

(3) An order made by virtue of subsection (2)

(a) shall relieve the national agent, designated person, candidate, or person, as the case may be, the subject of the proceedings from any liability or consequences under this Act, and

(b) may make the granting of the relief conditional on the furnishing of a statement required under section 13 in a modified form or within an extended period of time and subject to compliance with such other conditions as seem proper to the court in order to give effect to this Act.

(4) For the purposes of this section, the relevant Circuit Court is that which sits in respect of the county where the principal office of the local authority to which an election was held is situated.

Power of court to require information.

16. —(1) Where, in dealing with legal proceedings referred to in section 15 , it appears to the Circuit Court that any person who is, or has been, the national agent of a political party, designated person or a candidate at an election or a person to whom section 6 (7) applies has refused or failed to furnish a statement pursuant to section 13 , or to furnish the particulars necessary to enable the provisions of this Act in relation to the furnishing of such a statement to be complied with, the Circuit Court may, before making an order under section 15 , order that person to attend before it.

(2) Unless a person referred to in subsection (1) shows cause to the contrary, the Circuit Court may order that person—

(a) to furnish the statement required under section 13 to the specified local authority or to the local authority concerned, or

(b) to furnish such particulars in the possession or procurement of that person as may be required for the purpose of furnishing such statement, as the Circuit Court thinks fit, within such period, to such person and in such manner as it directs, and may require that person to provide such explanation of such particulars as the Circuit Court directs.

(3) For the purposes of this section, the relevant Circuit Court is that which sits in respect of the county where the principal office of the local authority to which an election was held is situated.

Statements and fresh election.

17. —Where a fresh election is held in a local electoral area or electoral area under article 28, 70 or 71 of the Local Elections Regulations, 1995, the original election and the fresh election shall be deemed to be an election for the purposes of this Act and the provisions of this Act, including section 13 , shall be complied with accordingly by the national agent, designated person, candidate or person referred to in section 6 (7) as may be appropriate.

Review by local authority.

18. —(1) The clerk or secretary of a local authority shall register every statement furnished to a local authority pursuant to section 13 and shall give, by post or otherwise, notice in writing of the receipt of such statement to the person who furnished the statement.

(2) Where the local authority finds a minor error or omission in the statement, the local authority shall furnish to the unsuccessful candidate, elected member, designated person, national agent or other person concerned, as the case may be, by whom the statement was furnished details of the error or omission, as the case may be, and the local authority shall inform such person, that he or she may correct the error or make good the omission within the period of 14 days from the date on which the notification issued to such person.

(3) (a) Where the local authority receives a complaint or report in writing, in relation to a statement furnished to it pursuant to section 13 , and is of the opinion that there may have been a contravention of this Act, the clerk or secretary of the local authority shall furnish to the person who provided the statement details of the possible contravention and the clerk or secretary of the local authority shall inform that person that he or she may furnish comments on the matter to the local authority within 14 days from the date on which the notification issued to that person and that any such comments will be considered by the local authority before considering the matter further.

(b) Where the person to whom a notification issues under paragraph (a) furnishes to the local authority his or her comments on the matter referred to in the notification within the period referred to in paragraph (a), the local authority shall have regard to those comments.

(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 local authority continues to be of the opinion that there may have been a contravention of the provisions of this Act, the local authority may either initiate summary proceedings against the person concerned or furnish a written report on the matter (together with any relevant document or other thing in its possession) to the Director of Public Prosecutions.

(4) Notwithstanding the provisions of section 10(4) of the Petty Sessions (Ireland) Act, 1851, summary proceedings for an offence under this Act may be commenced—

(a) at any time within 12 months from the date on which the offence was committed,

(b) at any time within 6 months from the date on which evidence sufficient, in the opinion of the local authority by whom the proceedings are initiated, to justify the proceedings, comes to such authority's knowledge,

whichever is the later, but no such proceedings shall be initiated later than 5 years from the date on which the offence concerned was committed.

(5) A local authority may make such inquiries as it considers appropriate and may require any person to furnish any information, document or thing in the possession or procurement of the person which the local authority may require for the purposes of its duties under this Act.

(6) A local authority—

(a) shall from time to time draw up and publish to persons to whom a provision of this Act applies guidelines concerning the steps to be taken by such persons to ensure compliance by them with this Act generally, and

(b) may, at the request of a person to whom a provision of this Act applies, give advice to the person in relation to any provision of this Act or as to the application, in any particular case, of any such provision.

(7) Where a request is made under subsection (6)(b) in relation to a particular case, the provisions of section 13 shall not, as respects the person who made the request, apply in relation to that case during the period from the making of the request to the time when advice is given by the local authority in relation to the case or the local authority declines to give such advice.

(8) The local authority shall, within 21 days of the receipt by it of a request for advice under subsection (6)(b), furnish the advice to the person concerned or notify the person of its decision to decline to do so.

Inspection of documents.

19. —(1) A local authority shall retain for a period ending at least 3 years from the latest date for furnishing statements referred to in section 13

(a) every statement and declaration furnished to it pursuant to section 13 ,

(b) a copy of any court order made pursuant to section 15 or 16 which relates to the local authority, and

(c) a copy of any notice published pursuant to subsection (2).

(2) A local authority shall, within 14 days after the latest date for receipt of the statements referred to in section 13 , publish a notice in a newspaper circulating in its functional area of—

(a) the time and place at which the statements can be inspected, and

(b) the names of unsuccessful candidates, elected members, designated persons, national agents and persons who are referred to in section 6 (7) who have not furnished statements in accordance with section 13 .

(3) A local authority shall permit any person to inspect any documents to which this section relates, free of charge, and to take a copy thereof or an extract therefrom on payment of a fee not exceeding the reasonable cost of copying, at such times and subject to such conditions as the authority considers appropriate.