European Parliamentary Elections (Northern Ireland) Regulations 2004
Draft 2004, ISBN 0110489802
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
Contents
- Part 1: General
- 1Citation, commencement and extent
- 2Interpretation
- 3Conduct of poll and count in the electoral region
- 4Deputies and assistance
- 5Polling districts and places
- 6Rules for European Parliamentary elections
- 7Manner of voting
- 8Absent vote at elections for an indefinite period
- 9Absent vote at a particular election and absent voters list
- 10Proxies at elections
- 11Voting as proxy
- 12Offences as to declarations
- 13Absent voting
- 14Modification of the Regulations for 2004 elections
- 15Returning officers
- 16Payments by and to returning officers
- 17Taxation of returning officer’s account
- 18Effect of registers
- 19Effect of misdescription
- 20Discharge of registration duties
- 21Payment of expenses of registration
- 22Registration appeals
- 23Personation
- 24Offences relating to specified documents
- 25Other voting offences
- 26Breach of official duty
- 27Tampering with nomination papers, ballot papers, etc
- 28False statement in nomination papers
- 29Offences in connection with candidature
- 30Requirement of secrecy
- 31Prohibition on publication of exit polls
- Part 2: The Election Campaign
- 32Interpretation of Part 2
- 33Computation of time for purposes of Part 2
- 34Appointment of election agent
- 35Appointment of sub-agent
- 36Office of election agent and sub-agent
- 37Effect of default in election agent’s appointment
- 38Control of donations to candidates
- 39Payment of expenses through election agent
- 40Candidate’s personal expenses, and petty expenses
- 41Expenses incurred otherwise than for election purposes
- 42Prohibition of expenses not authorised by election agent
- 43Limitation of election expenses for candidates
- 44Time for sending in and paying claims
- 45Disputed claims
- 46Election agent’s claim
- 47Return as to election expenses
- 48Declarations as to election expenses
- 49Penalty for failure as respects return or declarations
- 50Authorised excuses for failures as to return and declarations
- 51Court’s power to require information from election agent or sub-agent
- 52Duty of appropriate officer to forward returns and declarations to Electoral Commission
- 53Publication of time and place for inspection of returns and declarations
- 54Inspection of returns and declarations
- 55Meaning of “election expenses”
- 56Incurring of election expenses for purposes of regulation 55
- 57Property, goods, services etc provided free of charge or at a discount
- 58Candidate’s right to send election address post free
- 59Broadcasting from outside United Kingdom
- 60Broadcasting of local items during election period
- 61Imitation poll cards
- 62Disturbances at election meetings
- 63Officials not to act for candidates
- 64Illegal canvassing by police officers
- 65False statements as to candidates
- 66Corrupt withdrawal from candidature
- 67Payments for exhibition of election notices
- 68Details to appear on election publications
- 69Prohibition of paid canvassers
- 70Providing money for illegal purposes
- 71Bribery
- 72Treating
- 73Undue influence
- 74Rights of creditors
- 75Savings as to European Parliamentary elections
- Part 3: Vacancies
- 76By-elections
- Part 4: Legal Proceedings
- 77Interpretation of Part 4
- 78Computation of time for purposes of Part 4
- 79Method of questioning European Parliamentary elections
- 80Presentation and service of European Parliamentary election petitions
- 81Time for presentation or amendment of European Parliamentary election petition
- 82Constitution of election court and place of trial
- 83Judges' expenses
- 84Security for costs
- 85Petition at issue
- 86List of petitions
- 87Trial of election issue
- 88Witnesses
- 89Duty to answer relevant questions
- 90Expenses of witnesses
- 91Conclusion of trial of European Parliamentary election petition
- 92Special case for determination of the High Court
- 93Withdrawal of petition
- 94Costs of petition
- 95Neglect or refusal to pay costs
- 96Appeals and jurisdiction
- 97Persons convicted of corrupt or illegal practices
- 98Application for relief
- 99Prosecutions for corrupt practices
- 100Prosecutions for illegal practices
- 101Conviction of illegal practice on charge of corrupt practice
- 102Mitigation and remission etc
- 103Illegal payments
- 104Time limit for prosecution
- 105Prosecution of offences committed outside the United Kingdom
- 106Offences by associations
- 107Evidence by certificate of holding of elections
- 108Evidence by certificate of electoral registration
- 109Director of Public Prosecutions
- 110Costs
- 111Service of notices
- Part 5: Miscellaneous
- 112Public notices and declarations
- 113Remuneration for free postal services provided under the Regulations
- 114Rateability of premises
- 115Combination of polls
- 116Revocation
- Signature
- Schedule 1: EUROPEAN PARLIAMENTARY ELECTIONS RULES
- IProvisions as to time
- 1Timetable
- 2Computation of time
- Part II: Stages common to contested and uncontested elections
- 3Notice of election
- 4Nomination of candidates
- 5Nomination papers: name of registered political party
- 6Subscription of nomination paper
- 7Consent to nomination
- 8Candidature by relevant citizen of the Union
- 9Deposit
- 10Place for delivery of nomination papers
- 11Right to attend nomination
- 12Decisions as to validity of nomination papers
- 13Withdrawal of candidates
- 14Publication of statement of candidates nominated
- 15Disqualification by Representation of the People Act 1981
- 16Adjournment of nomination proceedings in case of riot
- 17Method of election
- Part III: Contested Elections
- 18Poll to be taken by ballot
- 19The ballot papers
- 20The official mark
- 21Prohibition of disclosure of vote
- 22Use of schools and public rooms
- 23Notice of poll
- 24Postal ballot papers
- 25Provision of polling stations
- 26Appointment of presiding officers and clerks
- 27Appointment of verifying officers and clerks
- 28Issue of official poll cards
- 29Equipment of polling stations
- 30Appointment of polling and counting agents
- 31Notification of requirement of secrecy
- 32Admission to polling station
- 33Keeping of order in station
- 34Sealing of ballot boxes
- 35Questions to be put to voters
- 36Challenge of voter
- 37Voting procedure
- 38Votes marked by presiding officer
- 39Voting by persons with disabilities
- 40Tendered ballot papers
- 41Refusal to deliver ballot paper
- 42Spoilt ballot papers
- 43Adjournment of poll in case of riot
- 44Procedure on close of poll
- 45Attendance at verification of ballot paper accounts
- 46Procedure at verification of ballot paper accounts
- 47Attendance at counting of votes
- 48Interpretation of rules 49 to 59
- 49Preliminary proceedings and conduct of the count
- 50Rejected ballot papers
- 51First stage
- 52The quota
- 53Transfer of votes
- 54Supplementary provisions on transfer
- 55Exclusion of candidates
- 56Filling of last vacancies
- 57Re-count
- 58Order of election of candidates
- 59Decisions of returning officer
- Part IV: Final Proceedings
- 60Declaration of result
- 61Return or forfeiture of candidate’s deposit
- Part V: Disposal of Documents
- 62Sealing up of ballot papers
- 63Retention of documents by the returning officer
- 64Orders for production of documents
- 65Retention and public inspection of documents
- Part VI: Death of a Candidate
- 66Countermand or abandonment of poll on death of candidate
- OF FORMSAppendix OF FORMS
- Schedule 2: ABSENT VOTERS
- Part I: Applications
- 1Interpretation of Part I
- 2General requirements for applications for an absent vote
- 3Additional requirements for applications for the appointment of a proxy
- 4Additional requirements for applications on grounds of physical incapacity or blindness
- 5Additional requirements for applications based on occupation, service, employment or attendance on a course
- 6Additional requirements for applications in respect of a particular election
- 7Additional requirements for applications by proxies to vote by post at a particular election
- 8Closing date for applications
- 9Grant or refusal of applications
- 10Notice of appeal
- 11Cancellation of proxy appointment
- 12Inquiries by registration officer
- 13Records and lists kept under regulations 8, 9 and 11
- 14Marked register for polling stations
- Part II
- Issue and receipt of postal ballot papers
- 15Interpretation of Part II
- Issue of postal ballot papers
- 16Form of declaration of identity
- 17Persons entitled to be present at proceedings on issue and receipt of postal ballot papers
- 18Agents of candidates who may attend proceedings on issue or receipt of postal ballot papers
- 19Notification of requirement of secrecy
- 20Notice of issue of postal ballot papers
- 21Procedure on issue of postal ballot paper
- 22Refusal to issue postal ballot paper
- 23Envelopes
- 24Sealing up of counterfoils and security of special lists
- 25Delivery of postal ballot papers
- 26Spoilt postal ballot papers
- Receipt of postal ballot papers
- 27Notice of opening of postal ballot paper envelopes
- 28Postal ballot boxes and receptacles
- 29Receipt of covering envelope
- 30Opening of postal voters' ballot box
- 31Opening of covering envelopes
- 32Procedure in relation to declarations of identity on receipt of covering envelope
- 33Opening of ballot paper envelopes
- 34Sealing of receptacles
- 35Abandoned poll
- 36Retention of documents
- OF FORMSAppendix OF FORMS
- Schedule 3: MODIFICATIONS FOR RELEVANT CITIZENS OF THE ACCESSION STATES IN 2004
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- Schedule 4: CONTROL OF DONATIONS TO CANDIDATES
- Part I: Introductory
- 1Operation and interpretation of Schedule
- 2Donations: general rules
- 3Sponsorship
- 4Payments etc not to be regarded as donations
- 5Value of donations
- Part II: Controls on donations
- 6Prohibition on accepting donations from impermissible donors
- 7Acceptance or return of donations
- 8Transfer of donations received by candidate to election agent
- 9Evasion of restrictions on donations
- Part III: Reporting of donations
- 10Statement of relevant donations
- 11Donations from permissible donor
- 12Donations from impermissible donors
- Schedule 5DECLARATION AS TO ELECTION EXPENSES
- Schedule 6: COMBINED POLLS
- General
- 1Paragraph 1
- 2Paragraph 2
- European Parliamentary Elections Rules
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- Absent Voting
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- Schedule 7REVOCATIONS
- Explanatory note