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Article 25
 

(1) A decision by the Registrar in relation to -


(a) an application for registration under subsection (2) or (3) of section 25, or
(b) an application under subsection (2) of section 25A for amendment of the particulars entered in relation to a party in the Register, or
(c) the cancellation of the registration of a party under subsection (5) of subsection 25A,
may be questioned by an appeal to the appeal board under this section and, pending the determination by the appeal board of such an appeal, the decision of the Registrar shall not have effect.


(2) Where the Registrar has decided to refuse an application for registration including the registration of an emblem or an application for an amendment of the Register and has stated the reasons for so doing in accordance with subsection (9) of section 25 or subsection (3) of section 25A, such statement shall be regarded as a sufficient statement of the reasons for the decision.


(3) (a) Not later than 12 noon on the twenty-first day after the publication in the Iris Oifigiúil of a decision by the Registrar on an application for registration under subsection (2) or (3) of section 25 or for the amendment of the particulars in relation to a party entered in the Register under section 25A(2) or in regard to the cancellation of the registration of a party under section 25A(5), an appeal may be made to the appeal board against the decision –


(i) in the case of a decision to refuse either an application for registration including the registration of an emblem or an application for an amendment of the Register, by the party by which the application was made,
(ii) in the case of a decision to allow either an application for registration or an application for amendment of the Register, by any political party registered in the Register at the time of the giving by the Registrar of such notice,
(iii) in the case of a decision to cancel a registration, by the party whose registration it is proposed to cancel.


(b) Where no appeal is made under this subsection within the period specified in paragraph (a), the decision shall at the expiration of the said period become final and the Registrar shall notify the applicant or, as the case may be, the party whose registration he has decided to cancel.
(c) An appeal under this subsection shall be in writing, shall state the grounds on which the appeal is made, shall be addressed to the *Clerk of the Seanad and shall be delivered or sent by post so as to reach the Clerk not later than the time specified in paragraph (a), together with the deposit referred to in paragraph (d), and any such appeal which is received by the Clerk of the Seanad after that time shall not be entertained or considered by the appeal board.
(d) An appeal under this section shall not be considered by the appeal board unless at the time the appeal is made a deposit of £500 is lodged with the Clerk of the Seanad by, or on behalf of, the appellant, which sum shall on the determination of the appeal be returned to the person by whom it was made unless the appeal board considers the appeal to be frivolous or vexatious and directs that the deposit be forfeited.
(e) A deposit forfeited under this section shall be disposed of by the Clerk of the Seanad in such manner as may be directed by the Minister for Finance.
(f) The Clerk of the Seanad, immediately on receipt of an appeal under this subsection, shall –


(i) notify the Registrar of such receipt;
(ii) furnish the Registrar with a copy of the appeal;
(iii) publish a notice in Iris Oifigiúil that an appeal has been lodged; and
(iv) make the documentation in relation to the appeal available for inspection at all convenient times.


(g) Any services, including the services of staff, that may reasonably be required by the appeal board for the purposes of its functions under this section shall be made available to it by the Chairman of the Dáil from the Joint Staff of the Houses of the Oireachtas.


(4) (a) For the purposes of considering appeals under subsection (3) there shall be an appeal board which shall consist of a Judge of the High Court (to be nominated by the President of the High Court), who shall be chairman, the Chairman of the Dáil (or where the Chairman of the Dáil is unable, through illness, absence or other cause to fulfil the duties of the office or the office of Chairman is vacant, the Deputy Chairman of the Dáil) and the Chairman of the Seanad (or where the Chairman of the Seanad is unable, through illness, absence or other cause to fulfil the duties of the office or the office of Chairman is vacant, the Deputy Chairman of the Seanad).


(b) The appeal board, in determining an appeal under this section, shall consider –


(i) the grounds for the appeal stated pursuant to subsection (3)(c), and
(ii) such information (if any) as was made available to the Registrar in connection with the application for registration (including registration of a political party emblem), the application for amendment of the Register or the proposed cancellation of the registration, as the case may be.


(c) The Registrar shall give to the appeal board such information in relation to every appeal considered pursuant to this section as the appeal board may reasonably require of him.
(d) If information additional to that referred to in paragraph (b)(ii) is furnished to the appeal board, the appeal application, if the board considers it appropriate and directs accordingly, shall be returned to the Registrar for his consideration and treated, if appropriate, as a new application for registration or an amendment of the Register by the Registrar.
(e) The decision of the appeal board shall be final and shall be complied with.