S.I. No. 415/1998 - European Parliament Elections (Forms) Regulations, 1998

Type Statutory Instrument
Publication 1998-10-27
Last updated 2004-05-06
State Repealed superseded text
Text As published
articles 10

This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.

2 amending acts · 2004-05-06, S.I. No. 203/2004 - European Parliament Elections (Forms) Regulations 2004

Reform history JSON API

S.I. No. 415 of 1998.

EUROPEAN PARLIAMENT ELECTIONS (FORMS) REGULATIONS, 1998

The Minister for the Environment and Local Government, in exercise of the powers conferred on him by section 3 of the European Parliament Elections Act, 1997 (No. 2 of 1997) hereby makes the following Regulations:—

1.

1.

These Regulations may be cited as the European Parliament Elections (Forms) Regulations, 1998.

2.

2.

In these Regulations a reference to the Second Schedule is a reference to the Second Schedule to the European Parliament Elections Act, 1997 .

3.

3.

Each of the forms in the Schedule hereto shall in relation to elections to the European Parliament be the prescribed form for the purpose for which such form is expressed to be applicable.

SCHEDULE

Form EP2

(Second Schedule Rule 5(1))

NOMINATION PAPER

No. ____ (to be assigned by returning officer)

PLEASE READ NOTES BEFORE COMPLETING FORM


1.

I nominate the person named under as a candidate for election to the European Parliament for the constituency of _______

Particulars of Candidate

[Please use BLOCK LETTERS]

Surname ___________

Other Name(s) ____________

Address ____________

_____________

Occupation (if any) _________

Name of Registered Political Party (if any) ________

Name of European Parliament Political Group (if any) _____

NOTE: See section 3 of the notes on this form.

2.

The person named above as a candidate is-

NOTE : If the candidate is a national of a Member State other than Ireland or the United Kingdom, the nomination must be accompanied by a statutory declaration and an attestation - see section 6 of the notes on this form

3.

I have read the notes on this form and I hereby declare that—

NOTE: See section 7 of the notes on this form.

4.

4.

The person named as a candidate wishes to have the attached photograph included on the ballot paper (tick as appropriate) □ Yes □ No

NOTE: The technical requirements for the photograph to be included on the ballot paper are set out in section 8 of the notes on this form.

5.

5.

Name and address of person making the deposit



6.

6.

[To be completed if the nomination is made by a person other than the candidate]

The proposer's number and polling district letter on the register of electors for the county/county borough of ____ are ____ .

7.

7.

Signature of person making the nomination


Address ___________


Date ________

I rule that this nomination paper is valid (or is invalid because


___________ )


RETURNING OFFICER

Date ______


[To be handed or sent to the candidate]

I have ruled that the nomination paper No. _ of [insert name of candidate] _____ is valid (or is invalid because _____________

_____________ )


RETURNING OFFICER

Address _____________

Date __________

FORM EP2

Notes on NOMINATION PAPER

These notes are for guidance only and do not purport to be a definitive statement of the law which is set out in sections 11 to 13 of, and rules 4 to 13 of the Second Schedule to, the European Parliament Elections Act, 1997 .

1.

Nomination

A candidate may be nominated for one constituency only and in only one Member State of the European Union. A candidate may nominate himself/herself or may, with his/her consent, be nominated by a proposer who is a registered European elector in the constituency.

2.

Deposit

A nomination will be deemed to have been withdrawn if a deposit of£1,000 is not lodged with the returning officer before 12 noon on the latest date for receiving nominations. The deposit may be made by means of legal tender or, with the consent of the returning officer, in any other manner. The deposit is returnable if the candidate—

The deposit will be returned to the person making it and that person's name should be entered at section 5 of the form.

3.

Certificates of Political Affiliation and of European Political Affiliation

4.

Delivery of Nomination Paper

The completed nomination paper must be delivered to the returning officer in person by the candidate or proposer within the period fixed for the receipt of nominations.

5.

Ruling on Nomination Paper

The returning officer will rule on the validity of the nomination paper within one hour of its delivery to him/her and may rule that it is invalid if he/she considers that it is not properly made out or signed. He/she is required to object to the candidate's name if it:

The returning officer is also required to object to a candidate's description if it is, in his/her opinion, incorrect, insufficient to identify the candidate or unnecessarily long or contains a political reference other than one covered by section 3 of these notes or a reference to a public or elected office held, or formerly held, by the candidate. The ruling on the nomination paper may be attended by the candidate and proposer (if any), one other person designated by the candidate (or his/her proposer) and any other person authorised by the returning officer.

6.

National of Member State other than Ireland or the United Kingdom

In the case of a candidate who is a national of an EU Member State other than Ireland or the United Kingdom, the returning officer is required to rule his/her nomination paper invalid if —

7.

Eligibility for election to the European Parliament

A person is not eligible for election by the European Parliament if he/she —

8.

8.

Candidate's photograph

If a candidate wishes to have his/her photograph included on the ballot paper, two identical copies of the photograph (75mm x 100mm) must be produced with the nomination paper. The photograph must be recent, of good quality, in colour and taken to a professional standard, showing the candidate's full face, head and shoulders only on a light background. The reverse of the photograph must be white and unglazed.

Each copy of the photograph must have the candidate's name clearly printed and attached to the back. Writing on the back of a copy may reduce the quality of the photograph on the ballot paper.

The photograph may be supplied in digitised format on disk but must be accompanied by two hard copies (75mm x 100mm) which are replicas of the photograph on disk.

If one copy only of the photograph is produced, or, if the copies produced do not comply with the above requirements, the returning officer may not include the candidate's photograph on the ballot paper. If no photograph is supplied, the space for the candidate's photograph will be left blank on the ballot paper.

THE ONUS IS ON THE CANDIDATE TO SUPPLY A

RECENT PHOTOGRAPH OF GOOD QUALITY

9.

9.

Withdrawal of nomination

A candidate may withdraw his/her nomination up to 12 noon on the day (disregarding any excluded day) after the latest date for receiving nominations. The notice of withdrawal to the returning officer must be signed by the candidate and delivered in person by the candidate or proposer. Where the returning officer is satisfied that a candidate wishes to withdraw and that the candidate and proposer cannot attend in person, the returning officer will accept a notice of withdrawal, signed by the candidate and by the person delivering it, which is received by the latest time for withdrawal.

10.

10.

Penalties

A person is liable to a fine or imprisonment or both under the European Parliament Elections Act, 1997 for—

FORM EP3

(Second Schedule Rules 6(1)(a) and 19(2)(a))

STATUTORY DECLARATION BY A CANDIDATE OR A REPLACEMENT CANDIDATE WHO IS A NATIONAL OF A MEMBER STATE OTHER THAN THE STATE OR THE UNITED KINGDOM

I, ____________ do solemnly and sincerely declare that:


and

and I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938 .

Signature ________

Declared before me by ______ who is personally known to me (or who is identified to me by ____ who is personally known to me) at ______ this __ day of ____ .

Signature: __________

Qualification#: _________

(#Indicate whether Notary Public, Peace Commissioner or Commissioner for Oaths)

Address: ___________


PENALTIES

A person who knowingly makes a false or misleading statutory declaration is liable on conviction to a fine not exceeding fifty pounds or imprisonment for a term not exceeding three months or both.

FORM EP4

(Second Schedule Rule 18(1))

REPLACEMENT CANDIDATES LIST

(Registered political parties)

IDENTIFYING LETTERS ____ (to be assigned by returning officer)

PLEASE READ NOTES BEFORE COMPLETING FORM

Name of registered political party presenting replacement candidates list

Initials or Abbreviation of name of Party ________

1.

I/we nominate the person(s) named under, in the order stated (which order has been determined by the party), as replacement candidate(s) at the election of representatives to the European Parliament for the constituency of


REPLACEMENT CANDIDATE(S) REPLACEMENT CANDIDATE(S) REPLACEMENT CANDIDATE(S) CITIZENSHIP/NATIONALITY CITIZENSHIP/NATIONALITY
SURNAME OTHER NAME(S) ADDRESS IRELAND OR UK OTHER MEMBER STATE
PLEASE USE BLOCK LETTERS PLEASE USE BLOCK LETTERS PLEASE USE BLOCK LETTERS TICK AS APPROPRIATE TICK AS APPROPRIATE
1.
2.
3.
4.
5.
6.
7.
8.

NOTE: : If a replacement candidate, is a national of an EU Member State other than Ireland or the United Kingdom, the replacement candidates list must be accompanied by a statutory declaration and an attestation in respect of such replacement candidate-see section 2 of the notes on this form.

2.

I/we have read the notes on this form and declare that—

NOTE: See section 4 of the notes on this form.

Signature(s) of authorised officer(s)

1.

2.

3.

Date: ______________


I rule that this replacement candidates list is valid (or is invalid because


__________ )


RETURNING OFFICER

Date ________

FORM EP4

Notes on REPLACEMENT CANDIDATES LIST [Registered political party]

These notes are for guidance only and do not purport to be a definitive statement of the law which is contained in sections 11 and 12 of, and rules 17 to 19 of the Second Schedule to, the European Parliament Elections Act, 1997 .

1.

Nomination of replacement candidates

A person who is not eligible for election to the European Parliament may not be nominated as a replacement candidate.

A registered political party may nominate, with his/her/their consent, one or more persons to be replacement candidates in each constituency. A person who is a candidate at the election may be nominated as a replacement candidate.

The number of replacement candidates nominated by a registered political party in respect of a constituency may not exceed by more than four the number of candidates of that party standing validly nominated for the constituency at the latest time for withdrawal of candidature.

If the number of replacement candidates included in the list exceeds the maximum number permitted, the returning officer will delete from the list, commencing at the bottom, the number of replacement candidates by which the list exceeds the maximum permitted.

The names of replacement candidates must be listed in the order determined by the registered political party.

A person may not be nominated as a replacement candidate for more than one constituency.

A registered political party may present one replacement candidates list only in a constituency.

The replacement candidates list must be signed by the party's authorised officer(s), viz. the person(s) whose name(s) is/are entered in the Register of Political Parties pursuant to section 25(4)(c) of the Electoral Act, 1992 .

The completed replacement candidates list must be delivered to the returning officer within the period fixed for receiving nominations. Delivery may be made by the authorised officer(s) who signed the list, or by a person who is a candidate of the party in the constituency concerned.

2.

National of Member State other than Ireland or the United Kingdom

Where a person who is a national of an EU Member State other than Ireland or the United Kingdom is nominated as a replacement candidate, and is not also nominated as a candidate in the constituency, the replacement candidates list must be accompanied by :—

If these documents are not furnished with the replacement candidates list or if the documents are not properly made out and signed, the returning officer is obliged to delete from the list the name of the person concerned.

3.

Ruling on replacement candidates list

The returning officer will rule as invalid any list which is not properly made out or signed, if the list is not amended to his/her satisfaction.

4.

Eligibility for election to the European Parliament

A person is not eligible for election by the European Parliament if he/she—

5.

Withdrawal of replacement candidates list

A replacement candidates list may be withdrawn by notice in writing signed by the authorised officer(s) and handed to the returning officer by such officer(s) or by a party candidate in the constituency concerned within the period fixed for receiving nominations. Where, at the latest time for withdrawal of nominations, no party candidate stands nominated, the replacement candidates list for that party is deemed to have been withdrawn.

6.

Penalties

A person is liable to a fine or imprisonment or both under the European Parliament Elections Act, 1997 for

FORM EP5

(Second Schedule Rule 18(1))

REPLACEMENT CANDIDATES LIST

(Non-party candidates)

IDENTIFYING LETTERS ___ (to be assigned by returning officer)

PLEASE READ NOTES BEFORE COMPLETING FORM

Name of non-party candidate presenting replacement candidates list:

Surname: __________

Other name(s): _______

1.

I nominate the person(s) named under, in the order stated (which I have determined) as replacement candidate(s) at the election of representatives to the European Parliament for the constituency of ________ .

REPLACEMENT CANDIDATE(S) REPLACEMENT CANDIDATE(S) REPLACEMENT CANDIDATE(S) CITIZENSHIP/NATIONALITY CITIZENSHIP/NATIONALITY
SURNAME OTHER NAME(S) ADDRESS IRELAND OR UK OTHER MEMBER STATE
PLEASE USE BLOCK LETTERS PLEASE USE BLOCK LETTERS PLEASE USE BLOCK LETTERS TICK AS APPROPRIATE TICK AS APPROPRIATE
1.
2.
3.

NOTE: If a replacement candidate is a national of an EU Member State other than Ireland or the United Kingdom, the replacement candidates list must be accompanied by a statutory declaration and an attestation in respect of such replacement candidate-see section 2 of the notes on this form.

2.

I have read the notes on this form and declare that—

NOTE: See section 4 of the notes on this form.

Signature of non-party candidate: __________

Address: _____________


Date: __________


(I rule that this replacement candidates list is valid (or is invalid because




RETURNING OFFICER

Date:________

FORM EP5

Notes on REPLACEMENT CANDIDATES LIST [Non-party candidates]

These notes are for guidance only and do not purport to be a definitive statement of the law which is contained in sections 11 and 12 of, and rules 17 to 19 of the Second Schedule to, the European Parliament Elections Act, 1997 .

1.

Nomination of replacement candidates

A person who is not eligible for election to the European Parliament may not be nominated as a replacement candidate.

A non-party candidate may nominate, with their consent, up to three persons to be replacement candidates in the constituency. If the number of replacement candidates included in the list exceeds three, the returning officer will delete from the list, commencing at the bottom, the number of replacement candidates by which the list exceeds three.

The names of replacement candidates must be listed in the order determined by the non-party candidate.

A person may not be nominated as a replacement candidate for more than one constituency.

A non-party candidate may present one, replacement candidates list only at an election.

The completed replacement candidates list, signed by the candidate, must be delivered to the returning officer by the candidate or proposer within the period fixed for receiving nominations.

2.

National of Member State other than Ireland or the United Kingdom

Where a person who is a national of an EU Member State other than Ireland or the United Kingdom is nominated as a replacement candidate and is not also nominated as a candidate in the constituency, the replacement candidates list must be accompanied by:—

If these documents are not furnished with the replacement candidates list or if the documents are not properly made out or signed, the returning officer is obliged to delete from the list the name of the person concerned.

3.

Ruling on replacement candidates list

The returning officer will rule as invalid any list which is not properly made out or signed, if the list is not amended to his/her satisfaction.

4.

Eligibility for election to the European Parliament

A person is not eligible for election by the European Parliament if he/she

5.

Withdrawal of replacement candidates list

A replacement candidates list may be withdrawn by notice in writing signed by the candidate and handed to the returning officer by the candidate or proposer within the period fixed for receiving nominations. Where, at the latest time for withdrawal of nominations, the candidate has withdrawn or is deemed to have withdrawn, the replacement candidates list is deemed to have been withdrawn.

6.

Penalties

A person is liable to a fine or imprisonment or both under the European Parliament Elections Act, 1997 for-

GIVEN under the official seal of the Minister for the Environment and Local Government this 27th day of October, 1998.

NOEL DEMPSEY

Minister for the Environment and Local Government.

EUROPEAN PARLIAMENT ELECTIONS (FORMS)

REGULATIONS, 1998

EXPLANATORY NOTE

These regulations prescribe certain forms for use at elections of representatives to the European Parliament.

This document does not substitute the official text published in the Irish Statute Book. We accept no responsibility for any inaccuracies arising from the transcription of the original into this format.

This text is published under Irish Statute Book's own terms of reuse, not a Legalize or public-domain licence. Irish Statute Book
CC-BY 4.0 (Oireachtas Open Data PSI Licence)
Contains Irish Public Sector Information licensed under the Oireachtas (Houses of the Oireachtas) Open Data PSI Licence / Creative Commons Attribution 4.0 International, sourced from https://www.irishstatutebook.ie.