The European Parliamentary Elections (Amendment) Regulations 1990

Statutory Instruments

1990 No. 687

REPRESENTATION OF THE PEOPLE

The European Parliamentary Elections (Amendment) Regulations 1990

Made

21st March 1990

Coming into force

in accordance with regulation 2

Whereas a draft of these Regulations has been approved by resolution of each House of Parliament;

Now, therefore, in exercise of the powers conferred upon me by paragraph 2 of Schedule 1 to the European Parliamentary Elections Act 1978 (1), I hereby make the following Regulations:

1.—(1) These Regulations may be cited as the European Parliamentary Elections (Amendment) Regulations 1990.

(2) These Regulations do not extend to Northern Ireland.

2.  These Regulations shall come into force forthwith except that regulation 8(1) shall come into force on 1st April 1990.

3.  In these Regulations “the European Regulations of 1986” mean the European Parliamentary Elections Regulations 1986 (2).

4.—(1) At the end of paragraph (1) of regulation 5 of the European Regulations of 1986 (application of certain provisions for European Parliamentary elections) there shall be added the following:

“The entry in that Schedule in respect of section 95 of, and Schedule 5 to, the Act of 1983 is to those provisions as amended by paragraphs 30 and 32 of Schedule 12 to the Education Reform Act 1988 (3).”.

(2) At the end of paragraph (2) of that regulation, there shall be added the following:

“The entries in that Schedule in respect of —

(a) regulations 4(1), 8, 12, 54, 55, 56, 66, 69, 73, 79, 92 and 96 of, and forms E, H, J and K in Schedule 2 to, the Regulations of 1986 (4)are to those regulations and forms as amended by the Representation of the People (Amendment) Regulations 1990 (5), and

(b) regulations 4(1), 7, 11, 52, 53, 54, 64, 67, 71, 77, 90 and 94 of, and forms D, G, H and J in Schedule 2 to, the Regulations (Scotland) of 1986 (6) are to those regulations and forms as amended by the Representation of the People (Scotland) Amendment Regulations 1990 (7);

except that any such amendment shall have effect for the purposes of the application of those amended provisions by virtue of this paragraph only to the extent that it is in force under regulation 2 of the Representation of the People (Amendment) Regulations 1990 and regulation 2 of the Represenation of the People (Scotland) Amendment Regulations 1990.”.

5.  In Schedule 1 to the European Regulations of 1986 (application with modifications of provisions of the Representation of the People Acts of 1983 and 1985) —

(a) for the words added by the modification in the right-hand column of that Schedule to section 7(4) of the Representation of the People Act 1985 (8), there shall be substituted the words “and shall forthwith supply to the returning officer a copy of those lists on completion of the complation of them”; and

(b) for the words added by the modification in that right-hand column to section 9(9) of the said Act of 1985, there shall be substituted the words “and shall forthwith supply to the returning officer a copy of that list on completion of the compilation of it.”.

6.—(1) Part I of Schedule 2 to the European Regulations of 1986 (application and modification of provisions of the Representation of the People Regulations 1986) shall be amended as follows.

(2) In the modification in the right-hand column of that Schedule to regulation 4(1) of the Representation of the People Regulations 1986, the words “overseas attesting officer” shall be omitted.

(3) In the modification in that right-hand column to regulation 54 of those Regulations, there shall be added the words “Paragraph (4) shall be omitted”.

(4) In the modification in that right-hand column to regulation 73(1)(b) of those Regulations, for the words “(c), (f) or (g)” there shall be substituted the words “(c) or (g)”.

(5) In the modification in that right-hand column to regulation 73(2)(b) of those Regulations, for the words “(b)(i), (f) or (g)” there shall be substituted the words “(b)(i) or (g)”.

7.—(1) Part II of Schedule 2 to the European Regulations of 1986 (application and modification of provisions of the Representation of the People (Scotland) Regulations 1986) shall be amended as follows.

(2) In the modification in the right-hand column of that Schedule to regulation 4(1) of the Representation of the People (Scotland) Regulations 1986, the words “overseas attesting officer” shall be omitted.

(3) In the modification in that right-hand column to regulation 52 of those Regulations, there shall be added the words “Paragraph (4) shall be omitted.”.

(4) In the modification in that right-hand column to regulation 71(1)(b) of those Regulations for the words “(c), (f) or (g)” there shall be substituted the words “(c) or (g)”.

(5) In the modification in that right-hand column to regulation 71(2)(b) of those Regulations, for the words “(b) (i), (f) or (g)” there shall be substituted the words “(b) (i) or (g)”.

8.—(1) In the provision substituted by paragraph 7 of Part I of Schedule 3 to the European Regulations of 1986 (modification of European Parliamentary elections rules as respects England and Wales) the words “or in the case of the Inner London Education Authority, that Authority” shall be omitted

(2) In the provision added by paragraph 12 of that Part, after the words “paragraph (1)(d) above” there shall be inserted the words “or in the list of proxies under paragraph (1)(e) above” and before the words “so as to identify” there shall be inserted the words “or, as the case may be, list”.

(3) In paragraph (1)(a) of the provisions substituted by paragraph 20 of that Part, before the word “open each” there shall be inserted the words “in the presence of the counting agents”.

9.—(1) In the provision added by paragraph 12 of Part II of Schedule 3 to the European Regulations of 1986 (modification of European Parliamentary elections rules as respects Scotland), after the words “paragraph (1)(d) above” there shall be inserted the words “or in the list of proxies under pargraph (1)(e) above” and before the words “so as to identify” there shall be inserted the words “or, as the case may be, list”.

(2) In paragraph (1)(a) of the provisions substituted by paragraph 20 of that Part, before the words “open each” there shall be inserted the words “in the presence of the counting agents”.

(3) In the for of directions for the guidance of the voters in voting substituted by paragraph 24 of that Part, in paragraph 3 for the words “Vote only for the number of candidates specified” there shall be subtituted the words “Vote for one candidate only”.

David Waddington

One of Her Majesty’s Principal Secretaries of State

Home Office

21st March 1990

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the European Parliamentary Elections Regulations 1986 which apply in Great Britain only.

Regulation 4(1) has the effect of adding references to grant-maintained schools to the list of schools which may be used for European Parliamentary election meetings in England and Wales.

Regulation 4(2) of these Regulations applies certain amendments that are made to the Representation of the People Regulations 1986 and the Representation of the People (Scotland) Regulations 1986 by the Representation of the People (Amendment) Regulations 1990 and the Representation of the People(Scotland) Amendment Regulations 1990 respectively for the purposes of European Parliamentary elections. Regulations 6 and 7 of these Regulations make consequential textual amendments to the European Parliamentary Elections Regulations 1986.

Regulation 5 of these Regulations amends sections 7(4) and 9(9) of the Representation of the People Act 1985, as applied for the purposes of European Parliamentary elections, to specify the time at which the lists prepared by a registration officer under those sections as applied must be forwarde to the returning officer.

Regulation 8(1) omits a provision about the notice in polling station compartments at a combined poll which will be spent on the abolition of the Inner London Education Authority.

Regulations 8(2) and (3) and 9 of these Regulations correct Schedule 3 to the European Parliamentary Elections Regulations 1986.

(1)

1978 c. 10; the citation of this Act has been amended by section 3(1)(b) and (2)(b) of the European Communities (Amendment) Act 1986 (c. 58) on the coming into force of the Single European Act (Cmnd. 9758) on 1st July 1987.

(2)

S.I. 1986/2209; the citation of this instrument has been amended by the provisions referred to in the first footnote to these Regulations; it has also been amended by regulations which are not relevant in the present context.

(3)

1988 c. 40

(4)

S.I. 1986/1081

(5)

S.I. 1990/520

(6)

S.I. 1986/1111

(7)

S.I. 1990/629

(8)

1985 c. 50