The European Parliamentary Elections Regulations 1999

• Notices of the appointment of polling agents which are required by this paragraph and paragraph (4) below to be given to the local returning officer shall be given to the returning officer who discharges the functions specified in regulation 96 of the 1986 (Scotland) Regulations.

9

In rule 31(b) (notification of requirement of secrecy) the words “the verification of the ballot paper accounts or” and “(2A)” shall be omitted.

10

In question (ii) in sub-paragraphs (a) and (b) of paragraph (1) of rule 35 (questions to be put to voters) and in the second question in paragraph (2) of that rule, after the words “at this”insert “European Parliamentary”.

11

At the end of rule 37 (voting procedure) add the following paragraph:

(4) The same copy of the register may be used under paragraph (1) above for each election and one mark may be placed in that register under paragraph (1)(d) above or in the list of proxies under paragraph (1)(e) above to denote that a ballot paper has been received in respect of each election; except that, where a ballot paper has been issued in respect of one election only, a different mark shall be placed in the register or, as the case may be, list so as to identify the election in respect of which the ballot paper was issued.

12

At the end of paragraph (2) of rule 38 (votes marked by presiding officer) add:

• The same list may be used for each election and, where it is so used, an entry in that list shall be taken to mean that the ballot papers were so marked in respect of each election, unless the list identifies the election at which the ballot paper was so marked.

13

At the end of paragraph (4) of rule 39 (voting by blind persons) add:

• The same list may be used for each election and, where it is so used, an entry in that list shall be taken to mean that votes were so given in respect of each election, unless the list identifies the election at which the vote was given.

14

At the end of paragraph (3) of rule 40 (tendered ballot papers) add:

• The same list may be used for each election and, where it is so used, an entry in that list shall be taken to mean that tendered ballot papers were marked in respect of each election, unless the list identifies the election at which a tendered ballot paper was marked.

15

At the end of paragraph (1) of rule 42 (adjournment of poll in case of riot) add “who discharges the functions specified in regulation 96 of the 1986 (Scotland) Regulations”.

16

After paragraph (1) of rule 43 (procedure on close of poll) insert:

(1A) The contents of the packets referred to in sub-paragraphs (b), (c) and (e) of paragraph (1) above shall not be combined with the contents of packets made under the corresponding rule that applies at a parliamentary election or, as the case may be, local government election; nor shall the statement prepared under paragraph (3) below be so combined. (1B) References to the returning officer in paragraph (1) above are references to the returning officer who discharges the functions specified in regulation 96 of the 1986 (Scotland) Regulations.

17

Omit rules 43A (attendance at verification of the ballot paper accounts) and 43B (procedure at verification of the ballot paper accounts).

18

For paragraph (1) of rule 44 (attendance at counting of votes) substitute the following paragraph:

(1) The local returning officer shall make arrangements for counting the votes in the presence of the counting agents as soon as practicable after– (a) at a by-election, the delivery of the ballot papers to him by the returning officer who discharges the functions specified in regulation 96 of the 1986 (Scotland) Regulations, or (b) at a general election of MEPs, that delivery or the material time, whichever is the later, and shall give the returning officer and the counting agents notice in writing of the time after which he will begin to count the votes if by then he has received the ballot papers and of the place at which the count will take place. - The “material time” means the time when the counting of votes becomes permissible under article 9(2) of the Act referred to in section 8(2)(a) of the 1978 Act (counting not to begin until close of polling in the member State whose electors are the last to vote within the period referred to in article 9(1)).

19

For paragraph (1) of rule 45 (the count) substitute:

(1) The local returning officer shall– (a) on receipt of the containers of ballot papers from the returning officer who discharges the functions specified in regulation 96 of the 1986 (Scotland) Regulations and after the time specified in the notice given under rule 44(1) (as substituted by Part II of Schedule 3 to the European Parliamentary Elections Regulations 1999) in the presence of the counting agents open each container; (b) where the proceedings on the issue and receipt of postal ballot papers are not taken together with those proceedings at another election under regulation 76 of the 1986 (Scotland) Regulations, as applied by Schedule 2 to the European Parliamentary Elections Regulations 1999, count such of the postal ballot papers as have been duly returned and record the number counted; and (c) mix together the postal ballot papers and the ballot papers from all of the containers and count the votes given on them. (2) A postal ballot paper shall not be deemed to be duly returned unless it is returned in the proper envelope so as to reach the local returning officer before the close of the poll and is accompanied by the declaration of identity duly signed and authenticated.

20

In paragraph (4) of rule 45 after the word “while” insert “counting and recording the number of postal ballot papers and”.

21

In rule 55(1) (retention of documents) omit sub-paragraphs (c) and (e).

22

In the Appendix of forms for the form of direction for the guidance of the voters in voting substitute–

• Form of directions for the guidance of the voters in voting
• GUIDANCE FOR VOTERS AT COMBINED POLLS (1) Make sure the ballot papers you are given are stamped with the official mark. (2) Go to one of the compartments. At a [parliamentary] [local government] election, mark a cross (X) in the box on the right-hand side of each ballot paper opposite the name of each candidate you are voting for. At a European Parliamentary election, mark a cross (X) in the box in the column of the party or individual candidate you are voting for. (3) Fold each ballot paper in two. Show the official mark on each ballot paper to the presiding officer, but do not let anyone see your vote. Put each ballot paper in the ballot box and leave the polling station. (4) Put only one mark on the ballot papers, or your votes may not be counted. (5) If by mistake you spoil a ballot paper, show it to the presiding officer and ask for another one.

23

In the Appendix of forms, in the form of declaration to be made by the companion of a blind voter:–

• (a) after the words “election now being held in this European Parliamentary electoral region”insert “and the election now being held in this parliamentary constituency/electoral area ( delete whichever is inappropriate*)”; and

• (b) for the words “said election” in both places where they occur substitute “said elections”.

SCHEDULE 4 — PROXY PAPERS

PART I — AMENDMENT OF FORM OF PROXY PAPERS IN SCHEDULE 2 TO THE 1986 REGULATIONS AND SCHEDULE 2 TO THE 1986 (SCOTLAND) REGULATIONS

1

In form D (proxy paper) in Schedule 2 to the 1986 Regulations–

• (a) in the form

• (i) after “REPRESENTATION OF THE PEOPLE ACTS” add “EUROPEAN PARLIA MENTARY ELECTIONS ACT 1978”;

• (ii) in the space above the words “Name of Proxy” insert “European Parliamentary electoral region |3dotnld|”;

• (iii) after the words “[local government]” insert “[European Parliamentary]”;

• (iv) after the words “[electoral area]” insert “[European Parliamentary electoral region]”, and

• (v) for the words from “[any [parliamentary election]” to “electoral area].]” substitute “[any [parliamentary or European Parliamentary election] [parliamentary, European Parliamentary or local government election] for the above [parliamentary constituency and European Parliamentary electoral region] *[parliamentary constituency, European Parliamentary electoral region and local government electoral area(s)].]”; and

• (b) in note 2 of the notes to the form after the words “any parliamentary” insert “, European Parliamentary” and after the words “at parliamentary” insert “and European Parliamentary”.

2

In form C (proxy paper) in Schedule 2 to the 1986 Regulations¹³⁴–

• (a) in the form

• (i) after “REPRESENTATION OF THE PEOPLE ACTS” add “EUROPEAN PARLIA MENTARY ELECTIONS ACT 1978”;

• (ii) in the space above the words “Name of Proxy” insert “European Parliamentary electoral region |3dotnld|”;

• (iii) after the words “[local government]” insert “[European Parliamentary]”;

• (iv) after the words “[electoral area]” insert “[European Parliamentary electoral region]”; and

• (v) for the words from “[any [parliamentary election]” to “electoral area].]” substitute “[any [parliamentary or European Parliamentary election] [parliamentary, European Parliamentary or local government election] for the above [parliamentary constituency and European Parliamentary electoral region] [parliamentary constituency, European Parliamentary electoral region and local government electoral areas)].]”; and

• (b) in note 2 of the notes to the form after the words “any parliamentary” insert “, European Parliamentary” and after the words “at parliamentary” insert “and European Parliamentary”.

PART II — FORM OF PROXY PAPER FOR A PROXY FOR AN ELECTOR AT EUROPEAN PARLIAMENTARY ELECTIONS ONLY

PROXY PAPER

SCHEDULE 5 — REVOCATIONS

1	2	3
Regulations revoked	References	Extent of revocation
The European Parliamentary Elections Regulations 1986	S.I. 1986/2209	The whole Regulations
The European Parliamentary Elections (Amendment) Regulations 1989	S.I. 1989/633	The whole Regulations
The European Parliamentary Elections (Amendment) Regulations 1990	S.I. 1990/687	The whole Regulations
The European Parliamentary Elections (Amendment) Regulations 1991	S.I. 1991/1243	The whole Regulations
The European Parliamentary Elections (Changes to the Franchise and Qualification of Representatives) Regulations 1994	S.I. 1994/342	Regulations 5 and 15
The European Parliamentary Elections (Amendment) Regulations 1994	S.I. 1994/748	The whole Regulations
The Local Government Elections (Changes to the Franchise and Qualification of Members) Regulations 1995	S.I. 1995/1948	Paragraph 27 of Schedule 2
The European Parliamentary Elections (Amendment) Regulations 1997	S.I. 1997/874	The whole Regulations

Signed

Home Office

Jack Straw — One of Her Majesty’s Principal Secretaries of State — 23rd April 1999

Explanatory note

(This note is not part of the Regulations)

These Regulations, which replace the Regulations revoked by Schedule 5, apply in Great Britain. They provide for the conduct of European Parliamentary elections under the regional list system of election. That system was introduced by amendments made to the European Parliamentary Elections Act 1978 by the European Parliamentary Elections Act 1999.

The basic structure of the Regulations is to apply with modifications the provisions of the Representation of the People Acts 1983 and 1985 which are listed in the left-hand column of Schedule 1 to these Regulations and the provisions of the Representation of the People Regulations 1986 and the Representation of the People (Scotland) Regulations 1986 which are listed in the left-hand column of Schedule 2 to these Regulations. The provisions are subject to the general modifications made by regulation 3 and the specific modifications in the right-hand columns of Schedules 1 and 2 to these Regulations. The general modifications convert references to parliamentary elections into references to European Parliamentary elections (regulation 3(4)(b)), references to constituencies into references to electoral regions (regulation 3(4)(c)) and make other similar changes.

Regulation 4 (together with regulation 3(4)(f)) confers functions in relation to the conduct of European Parliamentary elections on the local returning officer, as defined by regulation 2. That officer is the acting returning officer (or, in Scotland, the returning officer) for each parliamentary constituency wholly or partly contained in an electoral region. Regulation 6(1) confers powers on returning officers and local returning officers to delegate their functions.

As applied by Schedule 1 to these Regulations, sections 67 to 70 of the Representation of the People Act 1983 (which concern election agents) apply only in respect of individual candidates. Equivalent provision in respect of registered parties is made by regulations 11 to 14. Regulation 10 requires the appointment of a national election agent for a political party which is registered under the Registration of Political Parties Act 1998 and stands for election in more than one electoral region at a general election of MEPs.

As respects such a party, paragraphs (1) and (2) of regulation 15 make provision about the limits on election expenses which is equivalent to that in section 76(1) and (2) of the Representation of the People Act 1983. That provision, as applied, relates only to individual candidates. Paragraphs (1) and (2) of regulation 15 provide for the calculation of the limit of a registered party’s election expenditure by reference to the number of electoral regions in which it stands for election. Paragraphs (3) and (4) of regulation 15 provide for that limit where a registered party stands in one electoral region only.

In the modifications to the 1983 Act, the sum mentioned in section 75(1)(i) is increased from £5 to £5,000 for each electoral region. This change is intended to bring the law into line with a decision of the European Court of Human Rights.

As applied by Schedule 1 to these Regulations, the grounds on which an election petition may be brought are restricted (section 120, as applied). Section 169 has been modified so that a prosecution in respect of the illegal practice of exceeding the limit on election expenses may be brought on indictment (and, as such, subject to an unlimited fine).

Regulations 16 and 17 provide for the filling of a vacancy from the list of candidates of a registered party returned at a general election of MEPs. Regulations 18 and 19 concern the holding of by-elections when vacancies cannot be filled from such lists.

Schedule 3 amends the elections rules in Schedule 1 to the Representation of the People Act 1983, as applied by Schedule 1 to these Regulations, where the poll at a European Parliamentary election is taken together with the poll at a parliamentary election or local government election under section 15 of the Representation of the People Act 1985. Schedule 4 concerns proxy papers.

Footnotes