(LRC Revised)

Number 12 of 1994

REFERENDUM ACT 1994

REVISED

Updated to 1 October 2025

Changes to legislation

as of 10 July 2026, this Act is up to date with all changes known to be in force.

This Revised Act is an

administrative consolidation of the

Referendum Act 1994

. It is prepared by the Law Reform

Commission in accordance with its function under the

Law Reform Commission Act 1975

(3/1975)

to keep the law under review and to undertake revision and consolidation of statute

law.

All Acts up to and including

Statute Law Revision Act 2025

(10/2025), enacted 23 July 2025, and all statutory

instruments up to and including

Maritime Area Planning Act 2021 (Fit and Proper Person) Order 2025

(S.I. No. 467 of 2025), made 1 October 2025, were considered in the preparation of

this Revised

Act.

Disclaimer: While every care has been taken in the preparation of this Revised Act,

the Law Reform Commission can assume no responsibility for and give no guarantees,

undertakings or warranties concerning the accuracy, completeness or up to date nature

of the information provided and does not accept any liability whatsoever arising from

any errors or omissions. Please notify any errors, omissions and comments by email

to

revisedacts@lawreform.ie.

Number

12

of

1994

REFERENDUM ACT 1994

REVISED

Updated to 1 October 2025

ARRANGEMENT OF SECTIONS

PART I

General

Section

1.

Short title, collective citation and commencement.

2.

Interpretation.

3.

Regulations.

4.

Expenses.

5.

Repeals.

6.

Application of certain provisions of Part XXII of Act of 1992.

7.

Secrecy.

8.

Prohibition of disclosure of vote.

9.

Publication of notices.

PART II

Taking a Referendum

10.

The polling day at a constitutional referendum.

10A.

Advance

polling.

11.

Power to appoint the same polling day for a general election and a constitutional

referendum.

12.

The polling day at an ordinary referendum.

13.

Times of poll.

14.

The referendum returning officer.

15.

Local returning officers.

16.

Expenses of local returning officers.

17.

Statement by registration authorities of number of presidential electors.

18.

Constituencies.

19.

Polling districts and polling places.

20.

Notice to local returning officers.

21.

Notice of the taking of the referendum.

22.

Copies of

Bill to be made available at post offices.

(Repealed)

23.

Statement for the information of voters.

24.

Ballot papers.

25.

The official mark.

26.

Provisions as to agents.

27.

Officers not to act as agents.

28.

Voting by postal voters.

29.

Voting by special voters.

30.

Polling on islands.

31.

Authorisation to vote at another polling station.

32.

Taking the poll at a referendum.

PART III

The Counting of the Votes

33.

Arrangements in relation to the counting of votes.

34.

Invalid ballot papers.

35.

Counting of the votes.

36.

Recount.

37.

Report to the referendum returning officer.

38.

Retention and disposal of documents.

39.

Inspection of ballot papers etc.

40.

The provisional referendum certificate.

41.

Notification by Master of the High Court.

PART IV

Referendum Petitions

42.

Referendum petitions.

43.

Grounds for referendum petition.

44.

Presentation of referendum petition.

45.

Particulars in referendum petition.

46.

Trial of referendum petition.

47.

Counting of votes afresh.

48.

Retaking referendum in a constituency.

49.

Withdrawal of petition.

50.

Substitution of new petitioner.

51.

Death of or delay by a petitioner.

52.

Witnesses.

53.

Costs of referendum petition.

54.

Further provisions regarding costs.

55.

Statement of case to Supreme Court.

56.

Service of documents.

57.

The final order on referendum petition.

58.

Provisions in respect of referenda having the same polling day.

FIRST SCHEDULE

Enactments Repealed

SECOND SCHEDULE

Forms of Ballot Paper

Acts Referred to

Referendum Act, 1942

1942, No. 8

Electoral Act, 1963

1963, No. 19

Referendum (Amendment) Act, 1968

1968, No. 34

Electoral (Amendment) Act, 1972

1972, No. 4

Referendum (Amendment) Act, 1972

1972, No. 23

Electoral (Amendment) Act, 1973

1973, No. 3

Holidays (Employees) Act, 1973

1973, No. 25

Referendum (Amendment) Act, 1979

1979, No. 10

Referendum (Amendment) Act, 1983

1983, No. 14

Referendum (Amendment) Act, 1984

1984, No. 7

Electoral (Amendment) Act, 1985

1985, No. 12

Electoral (Amendment) Act, 1986

1986, No. 12

Electoral (Amendment) (No. 2) Act, 1986

1986, No. 35

Referendum (Amendment) Act, 1987

1987, No. 4

Referendum (Amendment) Act, 1992

1992, No. 8

Referendum (Amendment) (No. 2) Act, 1992

1992, No. 22

Electoral Act, 1992

1992, No. 23

Number

12

of

1994

REFERENDUM ACT 1994

REVISED

Updated to 1 October 2025

AN ACT TO PROVIDE FOR THE REFERENCE TO THE

PEOPLE UNDER ARTICLE 47 OF THE CONSTITUTION OF BILLS CONTAINING PROPOSALS FOR THE

AMENDMENT OF THE

CONSTITUTION AND FOR THE REFERENCE TO THE PEOPLE UNDER ARTICLE 27 OF THE CONSTITUTION

OF OTHER BILLS

AND TO PROVIDE FOR MATTERS CONNECTED WITH THE MATTERS AFORESAID.

[22

nd May

, 1994]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS

Annotations

Modifications (not altering

text)

C1

Functions transferred and references to

"Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief executive" and

"deputy chief executive" construed (16.05.2024) by

Local Government (Mayor of

Limerick) and Miscellaneous Provisions Act 2024

(7/2024), ss. 10, 23, 25,

26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.

Functions of Mayor

10.

(1) All functions (other

than functions conferred by or under an enactment specified in Part 1 of Schedule

1)

that, immediately before the vesting day, vested in the Cathaoirleach of Limerick

City and County Council shall, on and after that day, vest in the Mayor.

(2) All functions (other than

functions conferred by or under an enactment specified in Part 2 of Schedule 1) that,

immediately before the vesting day, vested in the chief executive of Limerick City

and County Council shall, on and after that day, vest in the Mayor.

(3) From the vesting day, a reference

in any enactment (other than an enactment specified in Part 1 of Schedule 1) to

Cathaoirleach shall, in so far as the reference applies to the Cathaoirleach of

Limerick City and County Council, be construed as a reference to the Mayor, or as

including a reference to the Mayor, as the context requires.

(4) From the vesting day, a reference

in any enactment (other than an enactment specified in Part 2 of Schedule 1) to chief

executive shall, in so far as that reference applies to the chief executive of

Limerick City and County Council, be construed as a reference to the Mayor, or as

including a reference to the Mayor, as the context requires.

(5) This section shall apply subject

to the modifications of the Principal Act specified in Schedule 3.

...

Functions of Príomh

Chomhairleoir

23.

(1) All functions

conferred by or under an enactment specified in Part 1 of Schedule 1 that,

immediately before the vesting day, vested in the Cathaoirleach of Limerick City and

County Council shall, on and after that day, vest in the Príomh Chomhairleoir.

(2) From the vesting day, a reference

in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or Cathaoirligh

shall, in so far as that reference applies to the Cathaoirleach of Limerick City and

County Council, be construed as a reference to the Príomh Chomhairleoir, or as

including a reference to the Príomh Chomhairleoir, as the context may require.

(3) This section shall apply subject

to the modifications of the Principal Act specified in Schedule 3.

...

Functions of Leas-Phríomh

Chomhairleoir

25.

(1) All functions

conferred by or under any enactment that, immediately before the vesting day, vested

in the Leas-Chathaoirleach of Limerick City and County Council shall, on and after

that day, vest in the Leas-Phríomh Chomhairleoir.

(2) From the vesting day, a reference

in any enactment to Leas-Chathaoirleach shall, in so far as that reference applies

to

the Leas-Chathaoirleach of Limerick City and County Council, be construed as a

reference to the Leas-Phríomh Chomhairleoir, or as including a reference to the

Leas-Phríomh Chomhairleoir, as the context may require.

(3) This section shall apply subject

to the modifications of the Principal Act specified in Schedule 3.

Director general

26.

(1) The chief executive of

Limerick City and County Council shall, on and after the vesting day, be known as

the

director general of Limerick City and County Council and is in this Act referred to

as the “director general”.

(2) The person who, immediately

before the vesting day, was the chief executive of Limerick City and County Council

shall, on and after that day, continue in office and be referred to in accordance

with subsection (1).

(3) On and after the vesting day, a

reference in an enactment specified in Part 2 of Schedule 1 to chief executive shall,

in so far as that reference applies to the chief executive of Limerick City and

County Council, be construed as a reference to the director general, or as including

a reference to the director general, as the context may require.

(4) This section shall apply subject

to the modifications of the Principal Act specified in Schedule 3.

...

Deputy director general

28.

(1) On and after the

vesting day, a deputy chief executive appointed by the director general under section

148 of the Principal Act shall be known as the deputy director general of Limerick

City and County Council and is, in this Act, referred to as the “deputy director

general”.

(2) The person who, immediately

before the vesting day, was the deputy chief executive of Limerick City and County

Council shall, on and after that day, continue in office and be referred to in

accordance with subsection (1).

(3) On and after the vesting day, a

reference in any enactment to deputy chief executive shall, in so far as the

reference applies to the deputy chief executive of Limerick City and County Council,

be construed as a reference to the deputy director general, or as including a

reference to the deputy director general, as the context may require.

(4) This section shall apply subject

to the modifications of the Principal Act specified in Schedule 3.

...

SCHEDULE 1

PART 1

Enactments for Purposes of Sections

10 and 23

Number and Year

(1)

Provision

(2)

Extent of

Modification

(3)

No. 37 of 2001

Local Government Act 2001

Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33,

34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b),

141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8), 178(2)(b),

178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and 220(1); paragraphs

3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10, 13(5)(e), 13(6) and 16(4)(c)

of Schedule 10; paragraph 3 of Schedule 14.

PART 2

Enactments for Purposes of Sections

10 and 26

Number and Year

(1)

Short Title

(2)

Provision

(3)

...

...

...

No. 12 of 1994

Referendum Act 1994

The whole Act.

...

...

...

Editorial Notes

E1

Previous affecting

provision: Act applied with modifications for the purposes of the referendum,

plebiscite and poll held on the 24 May 2019 (24.05.2019) by

Electoral Act, 1992

(Section 165) Regulations 2019

(S.I. No. 214 of 2014), in effect as per

reg. 3; spent as per reg. 3.

E2

Previous affecting

provision: Act applied with modifications for purposes of electronic voting

(21.09.2002) by

Electoral (Amendment) Act, 2001 (Section 48) Order 2002

S.I. No. 460 of 2002); revoked (30.04.2007) by

Electoral (Amendment) Act 2001 -

Part 3 Order 2002 (Revocation) Order 2007

(S.I. No. 192 of 2007), art. 2.

E3

Previous affecting

provision: Act applied with modifications for the purposes of the referendum and

polls held on the 11 June 2004 (11.06.2004) by

Electoral Act, 1992 (Section

165) Regulations 2004

(S.I. No. 237 of 2004), in effect as per reg. 3;

spent as per reg. 3.

E4

Previous affecting

provision: Act applied with modifications for the purposes of the referendum and

local election held on the 11 June 1999 (11.06.1999) by

Electoral Act, 1992

(Section 165) Regulations 1999

(S.I. No. 153 of 1999), in effect as per

reg. 3; spent as per reg. 3.

E5

Previous affecting provision: application

of Act restricted (28.11.1996) by

Referendum (Special Difficulty) Order

1996

(S.I. No. 345 of 1996), art. 3; spent as per art. 3.

Annotations

Modifications (not altering

text)

C1

Functions transferred and references to

"Cathaoirleach" or "Cathaoirligh", "Leas-Chathaoirleach", "chief executive" and

"deputy chief executive" construed (16.05.2024) by

Local Government (Mayor of

Limerick) and Miscellaneous Provisions Act 2024

(7/2024), ss. 10, 23, 25,

26, 28 and sch. 1 parts 1, 2, S.I. No. 207 of 2024.

Functions of Mayor

10.

(1) All functions (other

than functions conferred by or under an enactment specified in Part 1 of Schedule

1)

that, immediately before the vesting day, vested in the Cathaoirleach of Limerick

City and County Council shall, on and after that day, vest in the Mayor.

(2) All functions (other than

functions conferred by or under an enactment specified in Part 2 of Schedule 1) that,

immediately before the vesting day, vested in the chief executive of Limerick City

and County Council shall, on and after that day, vest in the Mayor.

(3) From the vesting day, a reference

in any enactment (other than an enactment specified in Part 1 of Schedule 1) to

Cathaoirleach shall, in so far as the reference applies to the Cathaoirleach of

Limerick City and County Council, be construed as a reference to the Mayor, or as

including a reference to the Mayor, as the context requires.

(4) From the vesting day, a reference

in any enactment (other than an enactment specified in Part 2 of Schedule 1) to chief

executive shall, in so far as that reference applies to the chief executive of

Limerick City and County Council, be construed as a reference to the Mayor, or as

including a reference to the Mayor, as the context requires.

(5) This section shall apply subject

to the modifications of the Principal Act specified in Schedule 3.

...

Functions of Príomh

Chomhairleoir

23.

(1) All functions

conferred by or under an enactment specified in Part 1 of Schedule 1 that,

immediately before the vesting day, vested in the Cathaoirleach of Limerick City and

County Council shall, on and after that day, vest in the Príomh Chomhairleoir.

(2) From the vesting day, a reference

in an enactment specified in Part 1 of Schedule 1 to Cathaoirleach or Cathaoirligh

shall, in so far as that reference applies to the Cathaoirleach of Limerick City and

County Council, be construed as a reference to the Príomh Chomhairleoir, or as

including a reference to the Príomh Chomhairleoir, as the context may require.

(3) This section shall apply subject

to the modifications of the Principal Act specified in Schedule 3.

...

Functions of Leas-Phríomh

Chomhairleoir

25.

(1) All functions

conferred by or under any enactment that, immediately before the vesting day, vested

in the Leas-Chathaoirleach of Limerick City and County Council shall, on and after

that day, vest in the Leas-Phríomh Chomhairleoir.

(2) From the vesting day, a reference

in any enactment to Leas-Chathaoirleach shall, in so far as that reference applies

to

the Leas-Chathaoirleach of Limerick City and County Council, be construed as a

reference to the Leas-Phríomh Chomhairleoir, or as including a reference to the

Leas-Phríomh Chomhairleoir, as the context may require.

(3) This section shall apply subject

to the modifications of the Principal Act specified in Schedule 3.

Director general

26.

(1) The chief executive of

Limerick City and County Council shall, on and after the vesting day, be known as

the

director general of Limerick City and County Council and is in this Act referred to

as the “director general”.

(2) The person who, immediately

before the vesting day, was the chief executive of Limerick City and County Council

shall, on and after that day, continue in office and be referred to in accordance

with subsection (1).

(3) On and after the vesting day, a

reference in an enactment specified in Part 2 of Schedule 1 to chief executive shall,

in so far as that reference applies to the chief executive of Limerick City and

County Council, be construed as a reference to the director general, or as including

a reference to the director general, as the context may require.

(4) This section shall apply subject

to the modifications of the Principal Act specified in Schedule 3.

...

Deputy director general

28.

(1) On and after the

vesting day, a deputy chief executive appointed by the director general under section

148 of the Principal Act shall be known as the deputy director general of Limerick

City and County Council and is, in this Act, referred to as the “deputy director

general”.

(2) The person who, immediately

before the vesting day, was the deputy chief executive of Limerick City and County

Council shall, on and after that day, continue in office and be referred to in

accordance with subsection (1).

(3) On and after the vesting day, a

reference in any enactment to deputy chief executive shall, in so far as the

reference applies to the deputy chief executive of Limerick City and County Council,

be construed as a reference to the deputy director general, or as including a

reference to the deputy director general, as the context may require.

(4) This section shall apply subject

to the modifications of the Principal Act specified in Schedule 3.

...

SCHEDULE 1

PART 1

Enactments for Purposes of Sections

10 and 23

Number and Year

(1)

Provision

(2)

Extent of

Modification

(3)

No. 37 of 2001

Local Government Act 2001

Sections 11(5)(b), 11(8), 31(4)(a), 31(5), 31(7), 31(9), 31(11), 33,

34(2)(e), 36, 37, 38, 104(7)(a), 133(6)(a), 134(4)(b), 140(8), 141(1)(b),

141(4), 142(2)(a), 142(5)(f), 143(1), 147, 148, 158(3), 174(8), 178(2)(b),

178(5), 180(3)(a), 189(9), 190(9), 216(2)(a), 219(1) and 220(1); paragraphs

3(4), 4(2), 4(3), 6(1), 6(2), 6(3), 7(9), 10, 13(5)(e), 13(6) and 16(4)(c)

of Schedule 10; paragraph 3 of Schedule 14.

PART 2

Enactments for Purposes of Sections

10 and 26

Number and Year

(1)

Short Title

(2)

Provision

(3)

...

...

...

No. 12 of 1994

Referendum Act 1994

The whole Act.

...

...

...

Editorial Notes

E1

Previous affecting

provision: Act applied with modifications for the purposes of the referendum,

plebiscite and poll held on the 24 May 2019 (24.05.2019) by

Electoral Act, 1992

(Section 165) Regulations 2019

(S.I. No. 214 of 2014), in effect as per

reg. 3; spent as per reg. 3.

E2

Previous affecting

provision: Act applied with modifications for purposes of electronic voting

(21.09.2002) by

Electoral (Amendment) Act, 2001 (Section 48) Order 2002

S.I. No. 460 of 2002); revoked (30.04.2007) by

Electoral (Amendment) Act 2001 -

Part 3 Order 2002 (Revocation) Order 2007

(S.I. No. 192 of 2007), art. 2.

E3

Previous affecting

provision: Act applied with modifications for the purposes of the referendum and

polls held on the 11 June 2004 (11.06.2004) by

Electoral Act, 1992 (Section

165) Regulations 2004

(S.I. No. 237 of 2004), in effect as per reg. 3;

spent as per reg. 3.

E4

Previous affecting

provision: Act applied with modifications for the purposes of the referendum and

local election held on the 11 June 1999 (11.06.1999) by

Electoral Act, 1992

(Section 165) Regulations 1999

(S.I. No. 153 of 1999), in effect as per

reg. 3; spent as per reg. 3.

E5

Previous affecting provision: application

of Act restricted (28.11.1996) by

Referendum (Special Difficulty) Order

1996

(S.I. No. 345 of 1996), art. 3; spent as per art. 3.

PART I

General

Section

1.

Short title, collective citation and commencement.

2.

Interpretation.

3.

Regulations.

4.

Expenses.

5.

Repeals.

6.

Application of certain provisions of Part XXII of Act of 1992.

7.

Secrecy.

8.

Prohibition of disclosure of vote.

9.

Publication of notices.

PART II

Taking a Referendum

10.

The polling day at a constitutional referendum.

10A.

Advance

polling.

11.

Power to appoint the same polling day for a general election and a constitutional

referendum.

12.

The polling day at an ordinary referendum.

13.

Times of poll.

14.

The referendum returning officer.

15.

Local returning officers.

16.

Expenses of local returning officers.

17.

Statement by registration authorities of number of presidential electors.

18.

Constituencies.

19.

Polling districts and polling places.

20.

Notice to local returning officers.

21.

Notice of the taking of the referendum.

22.

Copies of

Bill to be made available at post offices.

(Repealed)

23.

Statement for the information of voters.

24.

Ballot papers.

25.

The official mark.

26.

Provisions as to agents.

27.

Officers not to act as agents.

28.

Voting by postal voters.

29.

Voting by special voters.

30.

Polling on islands.

31.

Authorisation to vote at another polling station.

32.

Taking the poll at a referendum.

PART III

The Counting of the Votes

33.

Arrangements in relation to the counting of votes.

34.

Invalid ballot papers.

35.

Counting of the votes.

36.

Recount.

37.

Report to the referendum returning officer.

38.

Retention and disposal of documents.

39.

Inspection of ballot papers etc.

40.

The provisional referendum certificate.

41.

Notification by Master of the High Court.

PART IV

Referendum Petitions

42.

Referendum petitions.

43.

Grounds for referendum petition.

44.

Presentation of referendum petition.

45.

Particulars in referendum petition.

46.

Trial of referendum petition.

47.

Counting of votes afresh.

48.

Retaking referendum in a constituency.

49.

Withdrawal of petition.

50.

Substitution of new petitioner.

51.

Death of or delay by a petitioner.

52.

Witnesses.

53.

Costs of referendum petition.

54.

Further provisions regarding costs.

55.

Statement of case to Supreme Court.

56.

Service of documents.

57.

The final order on referendum petition.

58.

Provisions in respect of referenda having the same polling day.

FIRST SCHEDULE

Enactments Repealed

SECOND SCHEDULE

Forms of Ballot Paper

Number

12

of

1994