General Elections (Emergency Provisions) Act, 1943
Acts of the Oireachtas
Source: Acts of the Oireachtas

num: 1
paragraphs: —In this Act—
the expression “the present national emergency” means the national emergency affecting the vital interests of the State which was declared by resolutions passed by each House of the Oireachtas on the 2nd day of September, 1939, to exist;
the expression “the Electoral Acts” means primarily the Electoral Acts, 1923 to 1941, and every order and regulation made thereunder and for the time being in force, but the said expression also includes every (if any) other statute or portion of a statute relating to the election of members of DÃ¡il Eireann and every (if any) order or regulation made under any such statute or portion of a statute and for the time being in force;
the expression “general election” means a general election for members of DÃ¡il Eireann;
the expression “general election under this Act” means a general election which takes place in pursuance of a direction by the President under this Act;
the expressions “outgoing DÃ¡il Eireann” and “incoming DÃ¡il Eireann” respectively mean, in relation to a general election under this Act, the DÃ¡il Eireann subsisting immediately before the giving by the President of the direction for such general election and the DÃ¡il Eireann of which the members are elected at such general election;
all other expressions have the same meanings as they respectively have in the Electoral Acts.
num: 2
paragraphs: —(1) During the continuance of the present national emergency, the Taoiseach may, whenever he so thinks proper, advise the President to direct that a general election shall take place and, upon receipt of such advice, the President shall (save as is otherwise authorised by the next following sub-section of this section) direct by proclamation that a general election shall take place.
(2) The President may in his absolute discretion refuse to direct that a general election shall take place on the advice under this section of a Taoiseach who has ceased to retain the support of a majority in DÃ¡il Eireann.
(3) Whenever the President directs under this section that a general election shall take place, such general election shall take place under and in accordance with the Electoral Acts as modified by or under this Act and in particular with the modification that every mention in those Acts of the dissolution of DÃ¡il Eireann in relation to the time at or within which anything shall be done or take place shall be construed and have effect as a mention of the said direction of the President that such general election shall take place.
num: 3
paragraphs: —(1) For the purposes of this section a general election under this Act shall be deemed to have been completed when the Clerk of DÃ¡il Eireann has received from the returning officer for every constituency the writ issued to such returning officer by the said Clerk in respect of such general election with the certificate of such returning officer certifying the names of the members elected for such constituency endorsed thereon, and references in this section to the completion of a general election under this Act shall be construed accordingly.
(2) The following provisions shall apply and have effect in relation to every general election under this Act, that is to say:—
(a) immediately upon the completion of such general election the Clerk of DÃ¡il Eireann shall certify in writing to the Taoiseach that such general election has been completed;
(b) as soon as may be after, and in any case not later than the second week day after, whichever of the following events first occurs, that is to say:—
(i) the receipt by the Taoiseach of such certificate of the Clerk of DÃ¡il Eireann as is mentioned in the next preceding paragraph of this sub-section, or
(ii) the expiration of fourteen days after the polling day (within the meaning of section 4 of Article 16 of the Constitution) at such general election,
the Taoiseach shall advise the President to dissolve the outgoing DÃ¡il Eireann;
(c) upon receipt of such advice, the President shall, by proclamation, forthwith dissolve the outgoing DÃ¡il Eireann and shall, by the same or another proclamation, summon the incoming DÃ¡il Eireann to meet on the day (not being earlier than the next day nor later than the fourteenth day after the said dissolution of the outgoing DÃ¡il Eireann) and at the time and place which shall be recommended in that behalf to him by the Taoiseach;
(d) the outgoing DÃ¡il Eireann shall be dissolved immediately upon the issue of the said proclamation of the President dissolving it;
(e) the incoming DÃ¡il Eireann shall meet on the day and at the time and place specified in that behalf in the said proclamation of the President summoning it.
num: 4
paragraphs: —Whenever a general election takes place in pursuance of a direction by the President under this Act, the following provisions shall apply and have effect, that is to say:—
(a) the members of the outgoing DÃ¡il Eireann shall (subject to deaths, resignations, and disqualifications) continue to hold office as such members until the said DÃ¡il Eireann is dissolved;
(b) the persons elected at such general election to be members of the incoming DÃ¡il Eireann shall become members of DÃ¡il Eireann on and not before the next day after the day on which the outgoing DÃ¡il Eireann is dissolved.
num: 5
paragraphs: —Nothing in this Act shall prejudice or affect any provision for the time being in force whereby the maximum period during which the same DÃ¡il Eireann may continue is limited, save only that if, while a DÃ¡il Eireann in respect of which such maximum period has not expired is subsisting, the President directs under this Act that a general election shall take place, that DÃ¡il Eireann shall continue until it is dissolved under this Act notwithstanding that such dissolution takes place after the expiration of such maximum period.
num: 6
paragraphs: —The following modifications of the Electoral (Chairman of DÃ¡il Eireann) Act, 1937 (No. 25 of 1937), shall have effect for the purposes of this Act, that is to say:—
(a) every reference in that Act to a dissolution of DÃ¡il Eireann shall be construed and have effect as a reference to a direction by the President under this Act that a general election shall take place, and
(b) every reference in that Act to the general election consequent on a dissolution of DÃ¡il Eireann shall be construed and have effect as a reference to the general election in pursuance of such direction by the President.
num: 7
paragraphs: —The Minister for Local Government and Public Health may by order make, for the purposes of general elections under this Act or any particular such election,—
(a) such modifications of the Electoral Acts as appear to him to be necessary in order to enable such elections or election to take place in accordance with this Act, or to facilitate or expedite the conduct and completion of such elections or election, and
(b) such modifications of all or any of the forms prescribed by the Electoral Acts as appear to him to be necessary in order that such forms may be appropriate to such elections or election.
num: 8
paragraphs: —(1) No general election for Seanad Eireann shall take place in consequence of a dissolution under this Act of an outgoing DÃ¡il Eireann.
(2) A general election for Seanad Eireann shall take place not later than ninety days after every direction by the President under this Act that a general election for DÃ¡il Eireann shall take place.
(3) Every reference in either of the Seanad Electoral Acts to a dissolution of DÃ¡il Eireann and in particular every such reference to the dissolution of DÃ¡il Eireann which occasions a general election for Seanad Eireann shall be construed and have effect as a reference to the direction by the President under this Act that a general election for members of DÃ¡il Eireann shall take place.
(4) The Minister for Local Government and Public Health may by order make such modifications of the Seanad Electoral Acts and the orders and regulations made thereunder and for the time being in force as appear to him to be necessary in consequence of the enactment of this Act.
(5) In this section the expression “Seanad Electoral Acts” means the Seanad Electoral (University Members) Act, 1937 (No. 30 of 1937), and the Seanad Electoral (Panel Members) Act, 1937 (No. 43 of 1937).
num: 9
paragraphs: —This Act may be cited as the General Elections (Emergency Provisions) Act, 1943.