The European Parliamentary Elections Regulations 2004

Registration appeals: England and Wales E+W+S

21.— [F1 (1) Subject to paragraph (2), an appeal lies to the county court from any decision under these Regulations of the registration officer—

(a) disallowing a person’s application to vote by post or proxy as elector or to vote by post as proxy, or

(b) to remove a person’s entry from the lists of postal voters or of proxy postal voters,

in any case where the application or entry is not related to a particular election only.]

(2) No appeal lies where the person desiring to appeal has not availed himself of a prescribed right to be heard by or make representations to the registration officer on the matter which is the subject of the appeal, or has not given the prescribed notice of appeal within the prescribed time.

(3) No appeal lies from the decision of the Court of Appeal on appeal from a decision of the county court under this regulation.

(4) An appeal to the county court or Court of Appeal by virtue of this regulation which is pending when notice of an election is given shall not prejudice the operation as respects the election of the decision appealed against, and anything done in pursuance of the decision shall be as good as if no such appeal had been brought and shall not be affected by the decision of the appeal.

(5) Notice shall be sent to the registration officer in manner provided by rules of court of the decision of the county court or of the Court of Appeal on any appeal by virtue of this regulation.

(6) The registration officer shall undertake such duties in connection with appeals brought by virtue of this regulation as are set out in paragraph 21 of Schedule 2 and shall on any such appeal be deemed to be a party to the proceedings, and the registration expenses payable to a registration officer shall include any expenses properly incurred by him by virtue of this paragraph.

(7) In paragraph (2) “prescribed” means prescribed by paragraph 21 of Schedule 2.

(8) This regulation applies to Gibraltar subject to the following modifications—

(a) any reference to the county court shall be construed as a reference to the Gibraltar court; and

(b) any reference to the Court of Appeal shall be construed as a reference to the Gibraltar Court of Appeal.

Textual Amendments

F1 Reg. 21(1) substituted (30.1.2009) by The European Parliamentary Elections (Amendment) Regulations 2009 (S.I. 2009/186), regs. 1(2), 14