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European Parliamentary Elections (Northern Ireland) Regulations 2004

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2004, ISBN 0110489802

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 13(2) of the European Parliamentary Elections Act 2002 and paragraph 2(2) of Schedule 2 to the European Communities Act 1972 for approval by resolutions of each House of Parliament

REPRESENTATION OF THE PEOPLE, NORTHERN IRELAND

Made 2004

Coming into force 2004

Whereas a draft of these Regulations has been approved by a resolution of each House of Parliament;

And whereas the Secretary of State has, in accordance with section 7(1) and (2)(a) of the Political Parties, Elections and Referendums Act 2000f1, consulted the Electoral Commission about these Regulations;

Now, therefore, the Secretary of State in exercise of the powers conferred on him by sections 5, 6 and 7 of the European Parliamentary Elections Act 2002f2 and, being a Minister designated for the purposes of section 2(2) of the European Communities Act 1972f3 in relation to measures relating to the right of citizens of the Union to vote at and stand as a candidate at European Parliamentary elections, in exercise of the powers conferred on him by the said section 2(2) hereby makes the following Regulations:

Annotations to the whole text

Footnotes

f1

2000 c. 41; section 7(2)(a) was amended by paragraph 8 of Schedule 3 to the European Parliamentary Elections Act 2002 (c. 24).

f2

2002 c. 24; the Act was amended by sections 15, 19, 20, 21 and 22 of the European Parliament (Representation) Act 2003 (c. 7).

f3

1972 c. 68.

Contents

  1. Part 1: General
  2. 1Citation, commencement and extent
  3. 2Interpretation
  4. 3Conduct of poll and count in the electoral region
  5. 4Deputies and assistance
  6. 5Polling districts and places
  7. 6Rules for European Parliamentary elections
  8. 7Manner of voting
  9. 8Absent vote at elections for an indefinite period
  10. 9Absent vote at a particular election and absent voters list
  11. 10Proxies at elections
  12. 11Voting as proxy
  13. 12Offences as to declarations
  14. 13Absent voting
  15. 14Modification of the Regulations for 2004 elections
  16. 15Returning officers
  17. 16Payments by and to returning officers
  18. 17Taxation of returning officer’s account
  19. 18Effect of registers
  20. 19Effect of misdescription
  21. 20Discharge of registration duties
  22. 21Payment of expenses of registration
  23. 22Registration appeals
  24. 23Personation
  25. 24Offences relating to specified documents
  26. 25Other voting offences
  27. 26Breach of official duty
  28. 27Tampering with nomination papers, ballot papers, etc
  29. 28False statement in nomination papers
  30. 29Offences in connection with candidature
  31. 30Requirement of secrecy
  32. 31Prohibition on publication of exit polls
  33. Part 2: The Election Campaign
  34. 32Interpretation of Part 2
  35. 33Computation of time for purposes of Part 2
  36. 34Appointment of election agent
  37. 35Appointment of sub-agent
  38. 36Office of election agent and sub-agent
  39. 37Effect of default in election agent’s appointment
  40. 38Control of donations to candidates
  41. 39Payment of expenses through election agent
  42. 40Candidate’s personal expenses, and petty expenses
  43. 41Expenses incurred otherwise than for election purposes
  44. 42Prohibition of expenses not authorised by election agent
  45. 43Limitation of election expenses for candidates
  46. 44Time for sending in and paying claims
  47. 45Disputed claims
  48. 46Election agent’s claim
  49. 47Return as to election expenses
  50. 48Declarations as to election expenses
  51. 49Penalty for failure as respects return or declarations
  52. 50Authorised excuses for failures as to return and declarations
  53. 51Court’s power to require information from election agent or sub-agent
  54. 52Duty of appropriate officer to forward returns and declarations to Electoral Commission
  55. 53Publication of time and place for inspection of returns and declarations
  56. 54Inspection of returns and declarations
  57. 55Meaning of “election expenses”
  58. 56Incurring of election expenses for purposes of regulation 55
  59. 57Property, goods, services etc provided free of charge or at a discount
  60. 58Candidate’s right to send election address post free
  61. 59Broadcasting from outside United Kingdom
  62. 60Broadcasting of local items during election period
  63. 61Imitation poll cards
  64. 62Disturbances at election meetings
  65. 63Officials not to act for candidates
  66. 64Illegal canvassing by police officers
  67. 65False statements as to candidates
  68. 66Corrupt withdrawal from candidature
  69. 67Payments for exhibition of election notices
  70. 68Details to appear on election publications
  71. 69Prohibition of paid canvassers
  72. 70Providing money for illegal purposes
  73. 71Bribery
  74. 72Treating
  75. 73Undue influence
  76. 74Rights of creditors
  77. 75Savings as to European Parliamentary elections
  78. Part 3: Vacancies
  79. 76By-elections
  80. Part 4: Legal Proceedings
  81. 77Interpretation of Part 4
  82. 78Computation of time for purposes of Part 4
  83. 79Method of questioning European Parliamentary elections
  84. 80Presentation and service of European Parliamentary election petitions
  85. 81Time for presentation or amendment of European Parliamentary election petition
  86. 82Constitution of election court and place of trial
  87. 83Judges' expenses
  88. 84Security for costs
  89. 85Petition at issue
  90. 86List of petitions
  91. 87Trial of election issue
  92. 88Witnesses
  93. 89Duty to answer relevant questions
  94. 90Expenses of witnesses
  95. 91Conclusion of trial of European Parliamentary election petition
  96. 92Special case for determination of the High Court
  97. 93Withdrawal of petition
  98. 94Costs of petition
  99. 95Neglect or refusal to pay costs
  100. 96Appeals and jurisdiction
  101. 97Persons convicted of corrupt or illegal practices
  102. 98Application for relief
  103. 99Prosecutions for corrupt practices
  104. 100Prosecutions for illegal practices
  105. 101Conviction of illegal practice on charge of corrupt practice
  106. 102Mitigation and remission etc
  107. 103Illegal payments
  108. 104Time limit for prosecution
  109. 105Prosecution of offences committed outside the United Kingdom
  110. 106Offences by associations
  111. 107Evidence by certificate of holding of elections
  112. 108Evidence by certificate of electoral registration
  113. 109Director of Public Prosecutions
  114. 110Costs
  115. 111Service of notices
  116. Part 5: Miscellaneous
  117. 112Public notices and declarations
  118. 113Remuneration for free postal services provided under the Regulations
  119. 114Rateability of premises
  120. 115Combination of polls
  121. 116Revocation
  122. Signature
  123. Schedule 1: EUROPEAN PARLIAMENTARY ELECTIONS RULES
  124. IProvisions as to time
  125. 1Timetable
  126. 2Computation of time
  127. Part II: Stages common to contested and uncontested elections
  128. 3Notice of election
  129. 4Nomination of candidates
  130. 5Nomination papers: name of registered political party
  131. 6Subscription of nomination paper
  132. 7Consent to nomination
  133. 8Candidature by relevant citizen of the Union
  134. 9Deposit
  135. 10Place for delivery of nomination papers
  136. 11Right to attend nomination
  137. 12Decisions as to validity of nomination papers
  138. 13Withdrawal of candidates
  139. 14Publication of statement of candidates nominated
  140. 15Disqualification by Representation of the People Act 1981
  141. 16Adjournment of nomination proceedings in case of riot
  142. 17Method of election
  143. Part III: Contested Elections
  144. 18Poll to be taken by ballot
  145. 19The ballot papers
  146. 20The official mark
  147. 21Prohibition of disclosure of vote
  148. 22Use of schools and public rooms
  149. 23Notice of poll
  150. 24Postal ballot papers
  151. 25Provision of polling stations
  152. 26Appointment of presiding officers and clerks
  153. 27Appointment of verifying officers and clerks
  154. 28Issue of official poll cards
  155. 29Equipment of polling stations
  156. 30Appointment of polling and counting agents
  157. 31Notification of requirement of secrecy
  158. 32Admission to polling station
  159. 33Keeping of order in station
  160. 34Sealing of ballot boxes
  161. 35Questions to be put to voters
  162. 36Challenge of voter
  163. 37Voting procedure
  164. 38Votes marked by presiding officer
  165. 39Voting by persons with disabilities
  166. 40Tendered ballot papers
  167. 41Refusal to deliver ballot paper
  168. 42Spoilt ballot papers
  169. 43Adjournment of poll in case of riot
  170. 44Procedure on close of poll
  171. 45Attendance at verification of ballot paper accounts
  172. 46Procedure at verification of ballot paper accounts
  173. 47Attendance at counting of votes
  174. 48Interpretation of rules 49 to 59
  175. 49Preliminary proceedings and conduct of the count
  176. 50Rejected ballot papers
  177. 51First stage
  178. 52The quota
  179. 53Transfer of votes
  180. 54Supplementary provisions on transfer
  181. 55Exclusion of candidates
  182. 56Filling of last vacancies
  183. 57Re-count
  184. 58Order of election of candidates
  185. 59Decisions of returning officer
  186. Part IV: Final Proceedings
  187. 60Declaration of result
  188. 61Return or forfeiture of candidate’s deposit
  189. Part V: Disposal of Documents
  190. 62Sealing up of ballot papers
  191. 63Retention of documents by the returning officer
  192. 64Orders for production of documents
  193. 65Retention and public inspection of documents
  194. Part VI: Death of a Candidate
  195. 66Countermand or abandonment of poll on death of candidate
  196. OF FORMSAppendix OF FORMS
  197. Schedule 2: ABSENT VOTERS
  198. Part I: Applications
  199. 1Interpretation of Part I
  200. 2General requirements for applications for an absent vote
  201. 3Additional requirements for applications for the appointment of a proxy
  202. 4Additional requirements for applications on grounds of physical incapacity or blindness
  203. 5Additional requirements for applications based on occupation, service, employment or attendance on a course
  204. 6Additional requirements for applications in respect of a particular election
  205. 7Additional requirements for applications by proxies to vote by post at a particular election
  206. 8Closing date for applications
  207. 9Grant or refusal of applications
  208. 10Notice of appeal
  209. 11Cancellation of proxy appointment
  210. 12Inquiries by registration officer
  211. 13Records and lists kept under regulations 8, 9 and 11
  212. 14Marked register for polling stations
  213. Part II
  214. Issue and receipt of postal ballot papers
  215. 15Interpretation of Part II
  216. Issue of postal ballot papers
  217. 16Form of declaration of identity
  218. 17Persons entitled to be present at proceedings on issue and receipt of postal ballot papers
  219. 18Agents of candidates who may attend proceedings on issue or receipt of postal ballot papers
  220. 19Notification of requirement of secrecy
  221. 20Notice of issue of postal ballot papers
  222. 21Procedure on issue of postal ballot paper
  223. 22Refusal to issue postal ballot paper
  224. 23Envelopes
  225. 24Sealing up of counterfoils and security of special lists
  226. 25Delivery of postal ballot papers
  227. 26Spoilt postal ballot papers
  228. Receipt of postal ballot papers
  229. 27Notice of opening of postal ballot paper envelopes
  230. 28Postal ballot boxes and receptacles
  231. 29Receipt of covering envelope
  232. 30Opening of postal voters' ballot box
  233. 31Opening of covering envelopes
  234. 32Procedure in relation to declarations of identity on receipt of covering envelope
  235. 33Opening of ballot paper envelopes
  236. 34Sealing of receptacles
  237. 35Abandoned poll
  238. 36Retention of documents
  239. OF FORMSAppendix OF FORMS
  240. Schedule 3: MODIFICATIONS FOR RELEVANT CITIZENS OF THE ACCESSION STATES IN 2004
  241. 1Paragraph 1
  242. 2Paragraph 2
  243. 3Paragraph 3
  244. 4Paragraph 4
  245. 5Paragraph 5
  246. Schedule 4: CONTROL OF DONATIONS TO CANDIDATES
  247. Part I: Introductory
  248. 1Operation and interpretation of Schedule
  249. 2Donations: general rules
  250. 3Sponsorship
  251. 4Payments etc not to be regarded as donations
  252. 5Value of donations
  253. Part II: Controls on donations
  254. 6Prohibition on accepting donations from impermissible donors
  255. 7Acceptance or return of donations
  256. 8Transfer of donations received by candidate to election agent
  257. 9Evasion of restrictions on donations
  258. Part III: Reporting of donations
  259. 10Statement of relevant donations
  260. 11Donations from permissible donor
  261. 12Donations from impermissible donors
  262. Schedule 5DECLARATION AS TO ELECTION EXPENSES
  263. Schedule 6: COMBINED POLLS
  264. General
  265. 1Paragraph 1
  266. 2Paragraph 2
  267. European Parliamentary Elections Rules
  268. 3Paragraph 3
  269. 4Paragraph 4
  270. 5Paragraph 5
  271. 6Paragraph 6
  272. 7Paragraph 7
  273. 8Paragraph 8
  274. 9Paragraph 9
  275. 10Paragraph 10
  276. 11Paragraph 11
  277. 12Paragraph 12
  278. 13Paragraph 13
  279. 14Paragraph 14
  280. 15Paragraph 15
  281. Absent Voting
  282. 16Paragraph 16
  283. 17Paragraph 17
  284. 18Paragraph 18
  285. 19Paragraph 19
  286. 20Paragraph 20
  287. Schedule 7REVOCATIONS
  288. Explanatory note