The European Parliamentary Elections Regulations 2004

[F1 Closing date for applications E+W+S

26.— (1) An application under paragraph 3(1), (6) and (7) or 7(4) must be disregarded for the purposes of a particular European Parliamentary election and an application under paragraph 4(4) must be refused if it is received by the registration officer after 5 p.m. on the eleventh day before the date of the poll at that election.

(2) An application under paragraph 3(2) or 6(6) must be disregarded for the purposes of a particular European Parliamentary election if it is received by the registration officer after 5 p.m. on the sixth day before the date of the poll at that election.

(3) Subject to sub-paragraph (4), an application under paragraph 4(2) or 6(7) must be refused if it is received by the registration officer after 5 p.m. on the sixth day before the date of the poll at the election for which it is made.

(4) Where an application made under paragraph 4(2) is made—

(a) on the grounds of the applicant’s disability and the applicant became disabled after 5 p.m. on the sixth day before the date of the poll at the election for which it is made; or

[F2 (aa) on grounds relating to the applicant’s occupation, service or employment and the applicant became aware of those grounds after 5 p.m. on the sixth day before the date of the poll at the election for which it is made; or]

(b) by a person to whom paragraph 2(6) applies,

the application, or an application under paragraph 6(7) made by virtue of that application, must be refused if it is received after 5 p.m. on the day of the poll at the election for which it is made.

(5) An application under paragraph 4(1) or 7(7) must be refused if it is received by the registration officer after 5 p.m. on the eleventh day before the date of the poll at the election for which it is made.

(6) An application under—

(a) paragraph 3(5)(a) by an elector to be removed from the record kept under paragraph 3(4); or

(b) paragraph 7(10)(a) by a proxy to be removed from the record kept under paragraph 7(6),

and a notice under paragraph 6(9) by an elector cancelling a proxy’s appointment must be disregarded for the purposes of a particular European Parliamentary election if it is received by the registration officer after 5 p.m. on the eleventh day before the date of the poll at that election.

[F3 (6A) Any application or notice mentioned in this paragraph must be disregarded for the purposes of a particular European Parliamentary election if, before the application or notice is considered by the registration officer, the elector or proxy has returned a postal ballot paper to the [F4 local returning officer] (except where it has been returned in accordance with paragraph 53 or 54 (spoilt and lost postal ballot papers)).]

(7) In computing a period of days for the purposes of this paragraph, Saturday, Sunday, Christmas Eve, Christmas Day, Good Friday or a bank holiday must be disregarded.

(8) In sub-paragraph (7) “bank holiday” means—

(a) in relation to a general election in the combined region, a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom or a bank or public holiday in Gibraltar not otherwise falling within sub-paragraph (7);

(b) in relation to a by-election in the combined region a day, which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales or a bank or public holiday in Gibraltar not otherwise falling within sub-paragraph (7);

(c) in relation to a general election in a region other than the combined region, a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom; and

(d) in relation to a by-election in a region other than the combined region, a day which is a bank holiday under that Act in that part of the United Kingdom in which the electoral region is situated.]

Textual Amendments

F1 Sch. 2 substituted (30.1.2009) by The European Parliamentary Elections (Amendment) Regulations 2009 (S.I. 2009/186), regs. 1(2), 40, Sch. 3

F2 Sch. 2 para. 26(4)(aa) inserted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 37(1)

F3 Sch. 2 para. 26(6A) inserted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 37(2)

F4 Words in Sch. 2 para. 26(6A) substituted (4.4.2014) by The European Parliamentary Elections (Amendment) Regulations 2014 (S.I. 2014/923), regs. 1(2), 4(2)