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THIRD SCHEDULE
 

(1) Where the order of the court determining the trial of a petition declares that a person was not duly elected to the Dáil, or was not qualified for election as a member of the Dáil, or that the whole or part of a Dáil election was void, the person to whom the declaration relates, or any person declared to be elected at such void election or void part of such election (as the case may be) shall, without prejudice to his having ceased otherwise to be such member, be regarded as having ceased to be a member of the Dáil on (but not before) the day next following the day on which a copy of the order of the court is given to the Chairman of the Dáil pursuant to Rule 12 (1) and, subject to paragraph (2), a vacancy shall exist accordingly.





(2)  Where an order mentioned in paragraph (1) declares that, in the place of any person declared by the order not to have been duly elected or not to have been eligible for election as a member of the Dáil, a specified other person was ascertained to have been elected, that other person shall, without prejudice to any dissolution of the Dáil, stand elected as a member of the Dáil, on (but not before) the day next following the day on which a copy of the order is given as aforesaid to the Chairman of the Dáil.


(3)  As soon as practicable after a copy of an order is given to him pursuant to Rule 12 the Chairman of the Dáil shall inform the Dáil of the terms of the order.


(4)  Where a person has been returned as a member to serve in the Dáil and, subsequent to being so returned, the person sits, votes or otherwise participates as a member in the business of the Dáil or purports to do anything by virtue of membership of the Dáil and is also declared by the court not to have been duly elected as a member to serve in the Dáil, or not to have been eligible for membership of the Dáil, for the avoidance of doubt it is hereby declared that anything done by the person while so participating and anything purporting to have been so done, either on or before the day on which a copy of the said order is given as aforesaid to the Chairman of the Dáil shall, notwithstanding the order, be valid and effectual.


No action to be taken in certain circumstances to fill vacancy in Dáil