The European Parliamentary Elections Regulations 2004

[F1 Relevant citizens of the Union E+W+S

85A.— (1) This regulation applies where a person (“P”) —

(a) in respect of a vacant seat, is nominated under regulation 83A (nomination by registered party) or regulation 83B (joint nomination by two or more registered parties), or contacted under regulation 83E (filling vacant seat by notice of substitutes);

(b) is prepared to fill the vacant seat; and

(c) is a relevant citizen of the Union.

(2) The declaration required under regulation 83A(4), 83B(4) or the response required under regulation 83E(4) must be accompanied by a declaration under paragraph (3).

(3) The declaration must be made by P and must state—

(a) P’s name;

(b) P’s date and place of birth;

(c) P’s nationality;

(d) P’s last address in the Member State of which P is a national and his or her home address in the United Kingdom or Gibraltar;

(e) that P is not standing as a candidate for election to the European Parliament in any other Member State;

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

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

(4) Where a returning officer receives a declaration made under paragraph (3)—

(a) the returning officer must send a copy to the Secretary of State as soon as practicable after the declaration is received; and

(b) regulation 83A(5), 83B(5) or, as the case may be, 83E(6) apply as if for “without delay” there were substituted “as soon as practicable after the expiry of the relevant period in regulation 85A”.

(5) Where the Secretary of State receives, under paragraph (4)(a), a copy of a declaration made under paragraph (3), the Secretary of State must as soon as practicable send a notice to the designated contact point in the Member State of which P is a national.

(6) A notice under paragraph (5)—

(a) must notify the Member State of the declaration made by P under paragraph (3);

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

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

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

(8) If, during the relevant period, the returning officer receives information under paragraph (7) that P has been deprived of the right to stand as a candidate through a relevant disqualifying decision in the Member State of which P is a national—

(a) regulation 83A(5), 83B(5) or, as the case may be, regulation 83E(6) does not apply; and

(b) the returning officer must notify the Secretary of State that this is the case (and see regulation 84 (by-elections)).

(9) In this regulation—

“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(5) of that Directive;

“relevant period” means the period of six days calculated in accordance with rule 2 of Schedule 1 and beginning with the day that P’s declaration was sent to the Secretary of State under paragraph (4)(a).]

Textual Amendments

F1 Reg. 85A inserted (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(8)