S.I. No. 371/1951:

SEANAD (REGISTRATION OF NOMINATING BODIES) REGULATIONS, 1951.

SEANAD (REGISTRATION OF NOMINATING BODIES) REGULATIONS, 1951.

The Minister for Local Government in exercise of the powers conferred on him by Section 5 and Section 16 of the Seanad Electoral (Panel Members) Act, 1947 (No. 42 of 1947) hereby makes the following Regulations :--

1. These Regulations may be cited as the Seanad (Registration of Nominating Bodies) Regulations, 1951.

2. The forms in the Schedule to these Regulations shall be the prescribed forms for the respective purposes to which they are expressed to be applicable.

GIVEN under the Official Seal of the Minister for Local Government this Twentieth day of December, One Thousand Nine Hundred and Fifty-one.

PATRICK SMITH,

Minister for Local Government.

SCHEDULE.

SEANAD ELECTORAL (PANEL MEMBERS) ACT, 1947 .

NOTICE OF ANNUAL REVISION OF REGISTER OF NOMINATING BODIES.

Form of Notice of Annual Revision of the Register of Nominating Bodies. (Section 16)

Notice is hereby given that on the     day of February, 19   , I shall proceed to revise the Register of Nominating Bodies under the above Act. Any body which proposes to apply for registration or which desires to have its registration deleted or which desires that the entry in respect of it should be amended may obtain from me, free of charge, an application form for that purpose.

Completed application forms should reach me at the undermentioned office during the period beginning on the 15th day of January, 19   , and ending on the 15th day of February, 19   . Any application received at that office outside that period will not be entertained or considered by me.

The statutory provisions with regard to the Register of Nominating Bodies are contained in Part II of the above mentioned Act.

Signed..................................................

Seanad Returning Officer.

Date..............................

Address......................................................

.......................................................

......................................................

SEANAD ELECTORAL (PANEL MEMBERS) ACT, 1947 .

Form of Application for registration, deletion or amendment on annual revision of Register of Nominating Bodies. (Section 16).

Application for (i) registration, (ii) deletion of registration, (iii) amendment of entry in the Register of Nominating Bodies.*

(See instructions appended to this Form.)

(1) Name of body............................................................ ............................................................ ......................................

(2) Address................................................ ............................................................ ...........................................................

(3) Objects and activities............................................................ ............................................................ .........................

............................................................ ............................................................ .........................................

(4) Functions (a) trades or businesses carried on for profit............................................................ ..........................

............................................................ ............................................................ ..........................................

(b) other functions............................................................ ............................................................ ................

............................................................ ............................................................ ...................................................

In pursuance of Section 16 of the Seanad Electoral (Panel Members) Act, 1947 (No. 42 of 1947) the body named above hereby applies to the Seanad returning officer--

* (i) to be registered in respect of the............................................................ .............................panel in the Register of Nominating Bodies.

(ii) to be removed from the Register of Nominating Bodies.

(iii) to have the entry in respect of it in the Register of Nominating Bodies amended in the following way--

............................................................ ............................................................ .....................................

............................................................ ............................................................ .....................................

............................................................ ............................................................ .....................................

*Strike out whichever is inapplicable.

for the following reason(s)............................................................ ..........................................

............................................................ ............................................................ .....................

............................................................ ............................................................ .....................

(Authentication)............................................................ ............................................................ ................

............................................................ ............................................................ ............................................

(Date)......................................................

INSTRUCTIONS.

A. This application on being completed should be sent to the Seanad returning officer, Leinster House, Dublin, so as to reach him during the period beginnng on 15th January and ending on 15th February.

B. Particulars under headings (3), (4), (5), (6) and (7) of the Form need not be furnished by bodies applying for deletion of registration or amendment of entry.

C. The particulars required to be furnished under any heading may be given in an appended schedule if the space on this form is insufficient.

D. The application must be authenticated in the manner required by the articles of association, rules or other regulations governing the body making the application.

E. A copy of the articles of association, rules or regulations governing the body making an application for registration should be furnished with the application.

F. In the statement of the grounds on which eligibility for registration is claimed reference should be made to such of the following provisions of section 8 of the act as may be relevant to the body making the application, i.e.,

" 8 (2) (b) a body shall not be eligible to be registered in the register in respect of any particular panel unless either--

(I) (i) its objects primarily relate to or are connected with the interests and services mentioned in subsection 1° of Section 7 of Article 18 of the Constitution in respect of that particular panel, and

(ii) its activities are concerned mainly with such interests and services, or

(II) its members are representative of persons who have knowledge and practical experience of such interests and services;

(c) a body which is formed or carried on wholly or substantially for profit or which carries on, as its sole or principal function, any trade or business for profit shall not be eligible for registration in the register ;

(d) the Seanad returning officer may refuse to register any body (not being an excepted body) in the register unless

(I) its organisation and direction are governed by articles of association, rules or other regulations which--

(i) provide for an annual general meeting to which all members are invited by a notice forwarding an agenda including the following items, that is to say, minutes of preceding meeting, presentation of annual report, consideration of statement of accounts as certified by the auditor, election of executive committee, election of auditors,

(ii) make adequate provision for the carrying on of the business of the body by an executive committee, and

(iii) provide for the audit and certification of accounts by a public auditor or other qualified person, and

(II) its average annual revenue from subscriptions during the five years immediately preceding the application for registration has been, in the case of a charitable body, not less than one thousand pounds, or, in any other case, not less than two hundred and fifty pounds,

but subject to the proviso that the requirements set out in this paragraph as to election of auditors, provision for audit and annual revenue shall not apply in the case of such bodies engaged in the promotion of scientific or general knowledge as in the opinion of the Seanad returning officer are of national importance ;

(e) a body which is composed wholly or mainly of persons who are in the employment of the State or of persons who are in the employment of local authorities and the objects of which include the advancement or protection of the interests of such persons in relation to their said employment shall not be eligible for registration in the register.

(h) The Irish County Councils General Council and the Association of Municipal Authorities of Ireland shall be registered in the register in respect of the administrative panel without application, and no other body shall be registered in the register in respect of that panel unless its objects and activities consist, wholly or substantially, of voluntary social services of a charitable or eleemosynary character.

(3) In paragraph (d) of subsection (2) of this section the expressio " excepted body " means a body which is--

(a) a body established under an Act of the Oireachtas for any of the following purposes :

(i) the regulation or control of professional qualifications or conduct ;

(ii) the provision or improvement of cultural or educational facilities ; or

(b) a cultural, educational or professional organisation in receipt of a grant voted specifically for it by the Oireachtas.

(4) Each of the following bodies, and no other body, shall be a local authority for the purposes of this section :

(a) the council of a county, the corporation of a county or other borough, the council of an urban district, the commissioners of a town or a public assistance authority.

(b) a committee or joint committee of or appointed by any one or more of the bodies mentioned in paragraph (a) of this subsection."