The European Parliamentary Elections (Northern Ireland) Regulations 2004

[F1 PART 2 N.I. STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS

Textual Amendments

F1 Sch. 1 substituted (27.3.2009) by The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2009 (S.I. 2009/813), regs. 1(2), 38, Sch. 1

Notice of election N.I.

3.— (1) The returning officer must publish notice of the election, stating—

(a) the place and times at which nomination papers are to be delivered, and

(b) the date of the poll in the event of a contest,

and the notice must state that forms of nomination paper may be obtained at that place and those times.

(2) The notice of election must also state the arrangements which apply for the payment of the deposit required by rule 8 to be made by means of the electronic transfer of funds.

(3) The notice of election must state the date by which (except in such circumstances as are provided for in paragraph 8 of Schedule 2)—

(a) applications to vote by post or by proxy, and

(b) other applications and notices about postal or proxy voting,

must reach the registration officer in order that they may be effective for the election.

Nomination of candidates N.I.

4.— (1) Each candidate must be nominated by a separate nomination paper, which is signed and delivered by the candidate himself or a person authorised in writing by him.

(2) The nomination paper must state the candidate's—

(a) full names,

(b) home address in full, and

(c) if desired, description,

and the surname must be placed first in the list of his names.

(3) If a candidate commonly uses—

(a) a surname which is different from any other surname he has, or

(b) a forename which is different from any other forename he has,

the nomination paper may state the commonly used surname or forename in addition to the other name.

(4) The description (if any) can only be—

(a) a description which is authorised as mentioned in rule 5(1) or (3), or

(b) the word “Independent”.

(5) Where a nomination paper is delivered in respect of the same person after an earlier paper in respect of that person has been delivered, that later paper must be deemed to supersede the earlier one.

(6) A nomination paper may consist of a single sheet or of two or more sheets securely fastened together.

(7) The returning officer must supply any elector (within the meaning of regulation 58(4)) with a form of nomination paper at the place and during the time for delivery of nomination papers but it is not necessary for a nomination to be on a form supplied by the returning officer.

Nomination papers: name of registered political party N.I.

5.— (1) A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with a registered political party unless the party is a qualifying party in relation to the electoral region and the description is authorised by a certificate—

(a) issued by or on behalf of the registered nominating officer of the party, and

(b) received by the returning officer before the last time for the delivery of nomination papers set out in the timetable.

(2) In paragraph (1) an authorised description may be either—

(a) the name of the party registered under section 28 of the 2000 Act, or

(b) a description of the party registered under section 28A of that Act.

(3) A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with two or more registered political parties unless—

(a) the candidate is standing on behalf of two or more registered parties,

(b) each of the parties is a qualifying party in relation to the electoral region, and

(c) the description is a registered description authorised by a certificate—

(i) issued by or on behalf of the registered nominating officer of each of the parties, and

(ii) received by the returning officer before the last time for the delivery of nomination papers set out in the timetable.

(4) For the purposes of paragraph (3), a description is a registered description if it is a description registered for use by the parties under section 28B of the 2000 Act.

(5) A person shall be guilty of a corrupt practice if he fraudulently purports to be authorised to issue a certificate under paragraph (1) or (3) on behalf of a registered political party’s registered nominating officer.

(6) For the purposes of the application of this rule in relation to an election—

(a) “registered political party” means a party which was registered under Part 2 of the 2000 Act on the day (“the relevant day”) which is two days before the last day for the delivery of nomination papers at that election, and

(b) a registered political party is a qualifying party if the party was at the relevant time in the Northern Ireland register mentioned under that Part of that Act.

(7) For the purposes of paragraph (6)(a) any day falling within rule 2(1) must be disregarded.

Consent to nomination N.I.

6.— (1) A person shall not be validly nominated as a candidate unless his consent to nomination—

(a) is given in writing on or within one month before the day fixed as the last day for the delivery of nomination papers,

(b) is attested by one witness, and

(c) is delivered at the place and within the time for the delivery of nomination papers, subject to paragraph (2).

(2) If the returning officer is satisfied that owing to the absence of a person from the United Kingdom it has not been reasonably practicable for his consent in writing to be given, a telegram (or any similar means of communication) consenting to his nomination and purporting to have been sent by him shall be deemed for the purposes of this rule to be consent in writing given by him on the day on which it purports to have been sent, and attestation of his consent is not required.

(3) A candidate’s consent given under this rule must state the day, month and year of his birth, and—

(a) that he is aware of the provisions of section 10 of the European Parliamentary Elections Act 2002, and

(b) that to the best of his knowledge and belief he is not disqualified for the office of MEP.

[F2 Candidature by relevant citizen of the Union N.I.

7.— (1) A candidate who is a relevant citizen of the Union is not validly nominated as a candidate unless one of Conditions A and B is met.

(2) Condition A is that a declaration under paragraph (4) is delivered to the principal office of the returning officer between the hours of 10 a.m. and 4 p.m. on any day, whether before or after the notice of election is published, but not later than 4 p.m. on the twenty-fourth day before the date of the poll.

(3) Condition B is that a declaration under paragraph (4) and information under paragraph (5) are delivered at the place and within the time for the delivery of nomination papers.

(4) The declaration referred to in paragraphs (2) and (3) must be made by the candidate and must state, in addition to the candidate’s name—

(a) the candidate’s nationality, date and place of birth, last address in the member State of which the candidate is a national and home address in the United Kingdom;

(b) that the candidate is not standing for election to the European Parliament in any other member State;

(c) where the candidate’s name has been entered on an electoral roll in a locality or constituency in the member State of which the candidate is a national, the name of the locality or constituency where, so far as the candidate knows, the candidate’s name was last entered; and

(d) that the candidate has not been deprived of the right to stand as a candidate through a relevant disqualifying decision in the member State of which the candidate is a national.

(5) The information referred to in paragraph (3) is information which—

(a) has been provided to the candidate by the designated contact point in the member State of which the candidate is a national; and

(b) states either that the candidate has not been deprived of the right to stand as a candidate through a relevant disqualifying decision in that State or that no such disqualification is known to the designated contact point.

(6) Where the returning officer receives a declaration under paragraph (4) delivered in accordance with Condition A or B, the returning officer must send a copy to the Secretary of State as soon as practicable after the declaration is received.

(7) In this rule and in rule 7A, “electoral roll” and “locality or constituency” have the same meaning as they have in Council Directive 93/109/EC, and “designated contact point” means a contact point designated by a Member State in accordance with Article 6(3) of that Directive.]

Textual Amendments

F2 Sch. 1 rule 7 substituted (1.1.2014) by The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2013 (S.I. 2013/2893), regs. 1(2), 8 (with reg. 1(3))

[F3 Request for information where candidate is relevant citizen of the Union N.I.

7A.— (1) This rule applies where the candidate is a relevant citizen of the Union and the Secretary of State has received a copy of a declaration in accordance with rule 7(6).

(2) The Secretary of State must send a notice to the designated contact point in the member State of which the candidate is a national.

(3) The notice referred to in paragraph (2)—

(a) must notify the member State of the declaration made by the candidate under rule 7(4);

(b) must ask whether the candidate has been deprived of the right to stand as a candidate through a relevant disqualifying decision in that member State; and

(c) may request a response by a specified date.

(4) The Secretary of State must send to the returning officer a copy of any response to the notice as soon as practicable after the response is received.]

Textual Amendments

F3 Sch. 1 rule 7A inserted (1.1.2014) by The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2013 (S.I. 2013/2893), regs. 1(2), 9 (with reg. 1(3))

Deposit N.I.

8.— (1) A person shall not be validly nominated as a candidate unless the sum of £5,000 is deposited by him or on his behalf with the returning officer at the place and during the time for delivery of nomination papers.

(2) The deposit may be made either—

(a) by the deposit of any legal tender, or

(b) by means of a banker’s draft, or

(c) with the returning officer’s consent, in any other manner (including by means of a debit or credit card or the electronic transfer of funds),

• but the returning officer may refuse to accept a deposit sought to be made by means of a banker’s draft if he does not know that the drawer carries on a business as a banker in the United Kingdom.

(3) Where the deposit is made on behalf of the candidate, the person making the deposit must at the time he makes it give his name and address to the returning officer (unless they have previously been given to him under regulation 34 or 35 of these Regulations).

Place for delivery of nomination papers N.I.

9.   The returning officer must fix the place in the electoral region at which nomination papers are to be delivered to him, and must attend there during the time for their delivery and for the making of objections to them.

Right to attend nomination N.I.

10.— (1) Except for the purpose of delivering a nomination paper or of assisting the returning officer, no person is entitled to attend the proceedings during the time for delivery of nomination papers or for making objections to them unless he is—

(a) a person standing nominated as a candidate, or

(b) the election agent of a candidate, or

(c) a person authorised in writing to deliver a nomination paper, or

(d) a person who is entitled to attend by virtue of section 6A or 6B of the 2000 Act.

(2) The right to attend conferred by this rule includes the right—

(a) to inspect, and

(b) to object to the validity of,

any nomination paper.

(3) Paragraph (2) does not apply to a person mentioned in paragraph (1)(d).

(4) One other person chosen by each candidate is entitled to be present at the delivery of the candidate’s nomination, and may afterwards, so long as the candidate stands nominated, attend the proceedings referred to in paragraph (1) but without any such right as is conferred by paragraph (2).

Decisions as to validity of nomination papers N.I.

11.— (1) Where a nomination paper and the candidate’s consent to it (and, where required, [F4 a declaration under rule 7(4) or, as the case may be, a declaration under rule 7(4) and information under rule 7(5)] ) are delivered and a deposit is made in accordance with these rules, the candidate must be deemed to stand nominated unless and until—

(a) the returning officer decides that the nomination paper is invalid, or

(b) proof is given to the returning officer’s satisfaction of the candidate’s death, F5 ...

(c) the candidate withdraws; [F6 or

(d) the candidate is a relevant citizen of the Union and the returning officer has received, under rule 7A(4), information that the candidate has been deprived of the right to stand as a candidate through a relevant disqualifying decision in the member State of which the candidate is a national.]

(2) The returning officer is entitled to hold a nomination paper of a candidate invalid only on one of the following grounds—

(a) that the particulars of the candidate are not as required by law,

(b) that the nomination paper does not otherwise comply with the requirement set out in rule 4(1), or

(c) that the candidate is disqualified by the Representation of the People Act 1981 (which applies in respect of the office of MEP by virtue of section 10(1)(a) of the 2002 Act).

(3) The returning officer must give his decision on any objection to a nomination paper—

(a) as soon as practicable after it is made, and

(b) in any event, before the end of the period of 24 hours starting with the close of the period for delivery of nomination papers set out in the timetable.

(4) If in the returning officer’s opinion a nomination paper breaches rule 5(1) or (3), he must give a decision to that effect—

(a) as soon as practicable after the delivery of the nomination paper, and

(b) in any event, before the end of the period of 24 hours starting with the close of the period for delivery of nomination papers set out in the timetable.

(5) Where the returning officer decides that a nomination paper is invalid, he must endorse on the paper the fact and the reasons for his decision and sign the paper.

(6) The returning officer’s decision that a nomination paper is valid is final and may not be questioned in any proceeding whatsoever.

(7) Subject to paragraph (6), nothing in this rule prevents the validity of a nomination being questioned on a European Parliamentary election petition.

Textual Amendments

F4 Words in Sch. 1 rule 11(1) substituted (1.1.2014) by The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2013 (S.I. 2013/2893), regs. 1(2), 10(2) (with reg. 1(3))

F5 Word in Sch. 1 rule 11(2)(b) omitted (1.1.2014) by virtue of The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2013 (S.I. 2013/2893), regs. 1(2), 10(3)(a) (with reg. 1(3))

F6 Sch. 1 rule 11(2)(d) and word inserted (1.1.2014) by The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2013 (S.I. 2013/2893), regs. 1(2), 10(3)(b) (with reg. 1(3))

Withdrawal of candidates N.I.

12.   A candidate may withdraw his candidature by notice of withdrawal—

(a) signed by him and attested by one witness, and

(b) delivered to the returning officer at the place for delivery of nomination papers.

Publication of statement of candidates nominated N.I.

13.— (1) The returning officer must prepare and publish a statement (“the statement of candidates nominated”) showing—

(a) the persons who have been and stand nominated as candidates; and

(b) any other persons who have been nominated together with the reason why they no longer stand nominated.

(2) The statement must show the names, addresses and descriptions of the persons nominated as candidates as given in their nomination papers.

(3) If a person’s nomination paper gives a commonly used surname or forename in addition to another name, the statement must show the person’s commonly used surname or forename (as the case may be) instead of any other name.

(4) Paragraph (3) does not apply if the returning officer thinks—

(a) that the use of the person’s commonly used name may be likely to mislead or confuse electors, or

(b) that the commonly used name is obscene or offensive.

(5) If paragraph (4) applies, the returning officer must give notice in writing to the candidate of his reasons for refusing to allow the use of a commonly used name.

(6) The statement must show the persons standing nominated as candidates arranged alphabetically in order of their surnames, and, if there are two or more of them with the same surname, of their other names.

(7) The returning officer must send to the Electoral Commission a copy of the statement.

Correction of minor errors N.I.

14.— (1) The returning officer may, if he thinks fit, at any time before the publication under rule 13 of the statement of candidates nominated, correct minor errors in a nomination paper.

(2) Errors which may be corrected include obvious errors of spelling in relation to the details of a candidate or the authorised description of a registered party.

(3) Anything done by the returning officer in pursuance of this rule may not be questioned in any proceedings other than proceedings on a European Parliamentary election petition.

(4) The returning officer must have regard to any guidance issued by the Electoral Commission for the purposes of this rule.

Disqualification by Representation of the People Act 1981 N.I.

15.— (1) If it appears to the returning officer that any of the persons nominated as a candidate might be disqualified by the Representation of the People Act 1981 (which applies in respect of the office of MEP by virtue of section 10(1)(a) of the 2002 Act) he must, as soon as practicable after the expiry of the time allowed for the delivery of nomination papers, prepare and publish a draft of the statement required under rule 13.

(2) The draft must be headed “draft statement of candidates nominated” and must contain a notice stating that any person who wishes to object to the nomination of any candidate on the ground that he is disqualified for nomination under the Representation of the People Act 1981 may do so between the hours of 10 a.m. and 4 p.m. on the day and at the place specified in the notice; and the day so specified must be the day after the last day for the delivery of nomination papers.

Adjournment of nomination proceedings in case of riot N.I.

16.— (1) Where the proceedings for or in connection with nomination are on any day interrupted or obstructed by riot or open violence—

(a) the proceedings must be abandoned for that day, and

(b) if that day is the last day for the delivery of nomination papers, the proceedings must be continued on the next day as if that were the last day for such delivery,

and that day must be treated for the purposes of these rules as being the last day for such delivery (subject to any further application of this rule in the event of interruption or obstruction on that day).

(2) Where proceedings are abandoned by virtue of this rule, nothing—

(a) may be done after they are continued if the time for doing it had passed at the time of the abandonment,

(b) done before the abandonment is invalidated by reason of the abandonment.

Method of election N.I.

17.— (1) If the statement of candidates nominated shows more persons standing nominated than there are seats to be filled, a poll must be taken in accordance with Part 3 of these Rules.

(2) If the statement of candidates nominated shows a number of persons standing nominated which is the same as or less than the number of seats to be filled, those persons must be declared to be elected in accordance with Part 4 of these Rules.]