The European Parliamentary Elections Regulations 2004

[F1 Independent MEP: filling vacant seat, notice of substitutes E+W+S

83E.— (1) This regulation applies where—

(a) a returning officer receives notice of a vacancy in the seat of an MEP from the Secretary of State under regulation 82(4);

(b) the previous MEP stood as an independent candidate when elected to the seat or was returned in the seat as a substitute; and

(c) the previous MEP has given the returning officer a notice of substitutes.

(2) As soon as is practicable after receiving the notice of vacancy, the returning officer must take such steps as appear to him or her to be reasonable to contact the person (“P”) whose name appears highest on the notice of substitutes in accordance with paragraph (3).

(3) The returning officer must—

(a) request that P responds in writing within 14 days beginning with the date of the returning officer’s request indicating whether P is prepared to fill the vacant seat; and

(b) inform P that, if P wishes to fill the vacant seat, his or her response must comply with paragraph (4).

(4) If P is prepared to fill the vacant seat, P’s response to the request referred to in paragraph (3) must—

(a) confirm that P is prepared to fill the vacant seat;

(b) state P’s date of birth;

(c) confirm that P is aware of the provisions of section 10 of the 2002 Act (disqualification as an MEP);

(d) be accompanied by a declaration that, to the best of P’s knowledge and belief, P is not disqualified for the office of MEP; and

(e) be signed and dated by P.

(5) If—

(a) the returning officer has taken reasonable steps to contact a person named in the notice of substitutes, but has been unable to do so; or

(b) a person contacted by the returning officer under paragraph (2) fails to respond in accordance with paragraph (4),

the returning officer must repeat the procedure in paragraph (2) in relation to every other person listed on the notice of substitutes in the order in which their names are listed, until the vacant seat is filled or the names listed are exhausted.

(6) If a person prepared to fill the vacant seat responds to the returning officer in accordance with paragraph (4), the returning officer must without delay—

(a) declare that person to be returned as an MEP; and

(b) notify the person’s name to the Secretary of State.

(7) If the returning officer is unable to fill the vacant seat under this regulation, he or she must notify the Secretary of the State of that fact (and see regulation 84 (by-elections)).

(8) This regulation is subject to regulation 85A (relevant citizens of the Union).]

Textual Amendments

F1 Regs. 83A-84 substituted for reg. 84 (with effect in accordance with reg. 1(4) of the amending S.I.) by The European Parliamentary Elections (Amendment) Regulations 2018 (S.I. 2018/106), regs. 1(2), 2(6) (with reg. 3)