The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2009

Citation, commencement and extent

1.—(1) These Regulations may be cited as the European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2009.

(2) These Regulations shall come into force on the day after the day on which they are made.

(3) These Regulations extend to Northern Ireland only.

Interpretation

2.  Unless the context otherwise requires, in these Regulations and in any provision applied by these Regulations—

(a) “the 2004 Regulations” means the European Parliamentary Elections (Northern Ireland) Regulations 2004(1); and

(b) a reference to a numbered regulation or Schedule means the regulation or Schedule so numbered in the 2004 Regulations.

Amendments to the 2004 Regulations

3.  For regulation 2 (interpretation) substitute the following—

“2.   Unless the context otherwise requires, in these Regulations—

“1983 Act” means the Representation of the People Act 1983;

“1985 Act” means the Representation of the People Act 1985(2);

“2000 Act” means the Political Parties, Elections and Referendums Act 2000;

“2001 Franchise Regulations” means the European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001(3);

“2002 Act” means the European Parliamentary Elections Act 2002;

“2003 Act” means the European Parliament (Representation) Act 2003(4);

“2006 Act” means the Electoral Administration Act 2006;

“2008 Regulations” means the Representation of the People (Northern Ireland) Regulations 2008(5);

“the absent voters list” means, in relation to any election, the list kept under regulation 9(6);

“citizen of the Union” is to be construed in accordance with Article 8 of the Treaty establishing the European Community(6), and “relevant citizen of the Union” means such a citizen who is not a Commonwealth citizen or a citizen of the Republic of Ireland;

“completed corresponding number list” means a list prepared under rule 20 of the European Parliamentary elections rules, including the parts which are completed in accordance with rules 30(3)(d) and 39(1)(b) of those rules or paragraph 21(1) of Schedule 2 to these Regulations;

“disability”, in relation to doing a thing, includes a short term inability to do it;

“dwelling” includes any part of a building where that part is occupied separately as a dwelling;

“election” means a European Parliamentary election;

“election court” means, in relation to a European Parliamentary election petition, the judges presiding at the trial;

“elector” means, in relation to an election, any person who has for the time being an entry in a register of electors, but does not include those shown in such a register as below voting age on the day fixed for the poll;

“European Parliamentary elections rules” means the rules in Schedule 1 to these Regulations;

“European Parliamentary election petition” means a petition presented in pursuance of Part 4 of these Regulations;

“European Parliamentary overseas elector” means a person falling within section 8(4) of the 2002 Act;

“European Parliamentary overseas elector’s declaration” means a declaration made in pursuance of regulations made under section 3 of the 1985 Act(7);

“legal incapacity” includes (in addition to any incapacity by virtue of any subsisting provision of the common law) any disqualification imposed by these Regulations or by any Act;

“legal process” means a claim form, application, notice, writ, summons or other process;

“the list of proxies” means, in relation to any election, the list kept under regulation 9(6);

“marked register” is the copy of a register of electors marked in accordance with rule 39(1)(c) of the European Parliamentary elections rules;

“marked copy of the absent voters list or the proxy postal voters list” is the copy of that list marked as mentioned in paragraph 31 of Schedule 2 to these Regulations for the purposes of rule 33(1) of the European Parliamentary elections rules;

“overseas elector” means a person falling within section 8(2)(b) of the 2002 Act;

“overseas elector’s declaration” has the meaning given by section 2 of the 1985 Act(8);

“the proxy postal voters list” means, in relation to any election, the list kept under regulation 11(8);

“register of electors” means any part of—

(a)

a register of parliamentary or, in the case of peers, local electors,

(b)

a register under section 3 of the 1985 Act,

(c)

a register under regulation 5 of the 2001 Franchise Regulations,

in force within the electoral region at the time of a European Parliamentary election in that region;

“registration officer” means the Chief Electoral Officer for Northern Ireland;

“service voter” means a person who has made a service declaration and is registered or entitled to be registered in pursuance of it;

“sub-agent” has the meaning given by regulation 35(1);

“universal service provider” means a universal service provider within the meaning of the Postal Services Act 2000(9); and

“voter” means a person voting at an election and includes a person voting as proxy and, except in the European Parliamentary elections rules, a person voting by proxy; and “vote” (whether noun or verb) is to be construed accordingly, except that in those rules any reference to an elector voting or an elector’s vote is to include a reference to an elector voting by proxy or an elector’s vote given by proxy.”

4.  After regulation 2 (interpretation) insert—

“Forms

2A.   The forms set out in the Appendix of Forms in Part 8 of Schedule 1 (European Parliamentary elections rules) and the Appendix of Forms in Schedule 2 (absent voting) to these Regulations may be used with such variations as the circumstances may require, provided that the form used is substantially to the like effect as the corresponding form in that Part or Schedule.”.

5.  In regulation 6 (rules for European Parliamentary elections), after paragraph (2) insert—

“(2A) The returning officer may take such steps as he thinks appropriate to remedy any act or omission on his part, or the part of a relevant person, which—

(a) arises in connection with any function he or a relevant person has in relation to the election; and

(b) is not in accordance with the European Parliamentary elections rules or other requirements applicable to the election.

(2B) The returning officer may not under paragraph (2A) re-count the votes given at an election after the result has been declared.

(2C) These are the relevant persons—

(a) the registration officer;

(b) a presiding officer;

(c) a person providing goods or services to the returning officer;

(d) a deputy of any person mentioned in sub-paragraphs (a) to (c) or a person appointed to assist, or in the course of his employment assisting, such a person in connection with any function that person has in relation to the European Parliamentary election.”.

6.  In regulation 7 (manner of voting) after paragraph (6) insert—

“(6A) Paragraph (2) does not prevent a person, at the polling station allotted to him, marking a tendered ballot paper in pursuance of rule 43(4) or (6) of the European Parliamentary elections rules.”.

7.  In regulation 8 (absent vote at elections for an indefinite period) amend paragraph (4)(b) by substituting “disability” for “physical incapacity”.

8.  In regulation 11 (voting as proxy) after paragraph (10) insert—

“(10A) Paragraph (2) does not prevent a person, at the polling station allotted to him, marking a tendered ballot paper in pursuance of rule 42(4) or (6) of the European Parliamentary elections rules.”.

9.  After regulation 12 (offences as to declarations) insert—

“Offences relating to applications for postal and proxy votes

12A.— (1) A person commits an offence if he—

(a) engages in an act specified in paragraph (2) at a European Parliamentary election, and

(b) intends, by doing so, to deprive another of an opportunity to vote or to make for himself or another a gain of a vote to which he or the other is not otherwise entitled or a gain of money or property.

(2) These are the acts—

(a) applying for a postal or proxy vote as some other person (whether that other person is living or dead or is a fictitious person);

(b) otherwise making a false statement in, or in connection with, an application for a postal or proxy vote;

(c) inducing the registration officer or returning officer to send a postal ballot paper or any communication relating to a postal or proxy vote to an address which has not been agreed by the person entitled to the vote;

(d) causing a communication relating to a postal or proxy vote or containing a postal ballot paper not to be delivered to the intended recipient.

(3) In paragraph (1)(b) property includes any description of property.

(4) In paragraph (2) a reference to a postal vote or a postal ballot paper includes a reference to a proxy postal vote or proxy postal ballot paper (as the case may be).

(5) A person who commits an offence under paragraph (1) or who aids, abets, counsels or procures the commission of such an offence is guilty of a corrupt practice.”.

10.  Omit regulation 14 (modification of the Regulations for 2004 elections).

11.—(1) Amend regulation 16 (payments by and to returning officers) as follows.

(2) For paragraphs (1) to (4) substitute—

“(1) The returning officer may recover his charges in respect of services rendered, or expenses incurred, for or in connection with a European Parliamentary election if—

(a) the services were necessarily rendered, or the expenses were necessarily incurred, for the efficient and effective conduct of the election; and

(b) the total of his charges does not exceed the amount (“the overall maximum recoverable amount”) specified in, or determined in accordance with, an order made by the Secretary of State.

(2) An order under paragraph (1)(b) may specify, or make provision for determining in accordance with the order, a maximum recoverable amount for services or expenses of any specified description and, subject to paragraph (3), the returning officer may not recover more than that amount in respect of any such services or expenses.

(3) The Secretary of State may, in a particular case, authorise the payment of—

(a) more than the overall recoverable amount, or

(b) more than the specified maximum recoverable amount for any specified services or expenses,

if satisfied that the conditions in paragraph (4) are met.

(4) The conditions referred to in paragraph (3) are—

(a) that it was reasonable for the returning officer to render the services or incur the expenses; and

(b) that the charges in question are reasonable.”.

(3) In paragraph (9) for “paragraphs (1) and (2)” substitute “paragraph (1)”.

12.—(1) Amend regulation 18 (effect of registers) as follows.

(2) In sub-paragraph (2)(b)(i) insert “qualifying” before “Commonwealth”.

(3) In paragraph (3), before “the relevant date” insert—

• “qualifying Commonwealth citizen” means a Commonwealth citizen who either—

  (a)

  is not a person who requires leave under the Immigration Act 1971 to enter or remain in the United Kingdom, or

  (b)

  is such a person but for the time being has (or is by virtue of any enactment, to be treated as having) any description of such leave; and”

13.—(1) Amend regulation 22 (registration appeals) as follows.

(2) For paragraph (1) substitute—

“(1) Subject to paragraph (2) an appeal lies to the county court from any decision under these Regulations of the registration officer—

(a) disallowing a person’s application to vote by post or proxy as elector or to vote by post as proxy, or

(b) to remove his entry from the absent voters list, list of proxies or the proxy postal voters list,

in any case where the application or entry is not related to a particular election only.”

(3) In paragraph (4) for “sections 13A and 13B” substitute “section 13A”.

(4) In paragraph (5) for “section 13(5), 13A(2) or 13B(3)” substitute “section 13(5) or 13A(2)”.

14.  In regulation 24(2) (offences relating to specified documents) for “rule 37” substitute “rule 39”.

15.  In regulation 25 (other voting offences)—

(a) after paragraph (7) insert—

“(7A) A person is not guilty of an offence under paragraph (3)(b) or (4)(b) only by reason of his having marked a tendered ballot paper in pursuance of rule 42(4) or (6) of the European Parliamentary elections rules”; and

(b) in paragraph (8) for “rule 40(4)” substitute “rule 42(9)”.

16.—(1) Amend regulation 26 (breach of official duty) as follows.

(2) In paragraph (3)—

(a) after sub-paragraph (b) omit “and” and insert—

“(ba) any other person whose duty it is to be responsible after a European Parliamentary election for the used ballot papers and other documents (including returns and declarations as to expenses), and”; and

(b) in sub-paragraph (c) for “(a) and (b)” substitute “(a) to (ba)”.

(3) After paragraph (3) insert—

“(4) The returning officer shall not be guilty of an offence under paragraph (1) of this regulation where—

(a) although guilty of an act or omission in breach of official duty,

(b) he remedies that act or omission in full by taking steps under regulation 6(2A).

(5) Paragraph (4) does not affect any conviction which takes place, or any penalty which is imposed, before the date on which the act or omission is remedied in full.”.

17.  In regulation 29 (offences in connection with candidature), which shall become paragraph (1) of that regulation—

(a) for “rule 8(1)” substitute “rule 7(1)”; and

(b) at the end insert—

“(2) A person is guilty of a corrupt practice if, in the case of a European Parliamentary election, he makes in any document in which he gives his consent to his nomination as a candidate in accordance with rule 6 of the European Parliamentary elections rules—

(a) a statement of his date of birth, or

(b) a statement as to his qualification for being elected at that election,

which he knows to be false in any particular.

(3) For the purposes of paragraph (2), a statement as to a candidate’s qualification is a statement—

(a) that he is qualified for being elected,

(b) that he will be qualified for being elected, or

(c) that to the best of his knowledge and belief he is not disqualified for being elected”

18.—(1) Amend regulation 30 (requirement of secrecy) as follows.

(2) For paragraph (1)(c) substitute—

“(c) every person so attending by virtue of any of sections 6A to 6D of the 2000 Act(10),”

(3) After each occurrence of the word “number” in paragraph (2)(a), (4)(c), (5)(b) and (c) and (6) of that regulation, insert “or other unique identifying mark”.

19.  In regulation 31(3) (prohibition on publication of exit polls) before the definition of “forecast” insert ““close of the poll” means, in the case of a general election of MEPs, the close of the polling in the member State whose electors are the last to vote in the election;”.

20.  In regulation 32 (interpretation of Part 2) amend the definition of “election expenses” in paragraph (1) by substituting “regulations 55 and 57” for “regulations 55 to 57”.

21.  In regulation 33(2) (computation of time for purposes of Part 2), omit the words “Maundy Thursday”.

22.  In regulation 39 (payment of expenses through election agent) amend paragraph (5)(d) by substituting “55(5)” for “55(5)(b)”.

23.  Amend regulation 41 (expenses incurred otherwise than for elections purposes) by—

(a) omitting from paragraph (2) the words in parenthesis “(determined in accordance with regulation 56)”; and

(b) substituting in paragraph (3) “regulations 55 and 57” for “regulations 55 to 57”.

24.—(1) Amend regulation 42 (prohibition of expenses not authorised by election agent) as follows.

(2) For paragraphs (1) and (2) substitute—

“(1) No expenses shall, with a view to promoting or procuring the election of a candidate at an election, be incurred after a person becomes a candidate by any person other than the candidate, the candidate’s election agent and persons authorised in writing by the election agent on account—

(a) of holding public meetings or organising any public display; or

(b) of issuing advertisements, circulars or publications; or

(c) of otherwise representing to the electors the candidate or the candidate’s views or the extent or nature of the candidate’s backing or disparaging a registered party or its candidates or an independent candidate.

(1A) Sub-paragraph (c) of paragraph (1) does not restrict the publication of any matter relating to the election in—

(a) a newspaper or other periodical,

(b) a broadcast made by the British Broadcasting Corporation, or

(c) a programme included in any service licensed under Part 1 or 3 of the Broadcasting Act 1990(11) or Part 1 or 2 of the Broadcasting Act 1996(12).

(1B) Paragraph (1) does not apply to any expenses incurred by any person—

(a) which do not exceed in the aggregate the permitted sum (and are not incurred by that person as part of a concerted plan of action), or

(b) in travelling or living away from home or similar personal expenses.

(2) For the purposes of paragraph (1B), the “permitted sum” means £5,000; and expenses must be regarded as incurred by a person “as part of a concerted plan of action” if they are incurred by that person in pursuance of any plan or other arrangement whereby that person and one or more other persons are to incur, with a view to promoting or procuring the election of the same candidate, expenses which (disregarding paragraph (1B)) fall within paragraph (1).

(2A) For the purposes of paragraph (1), expenditure incurred before or on the date when a person becomes a candidate is to be treated as having been incurred after that date if it is incurred in connection with any thing which is used or takes place after that date.”.

25.  In regulation 47 (return as to election expenses)—

(a) in sub-paragraph (2)(c) for “regulation 40(2)” substitute “regulation 42(3)”; and

(b) in sub-paragraph (3)(e) for “regulation 55(5)(b)” substitute “regulation 55(5)”.

26.  In regulation 51(1) (court’s power to require information from election agent or sub-agent) after the words “such particulars as will” omit “,”.

27.  In regulation 54(2) (inspection of returns and declarations) for “regulation 47(3)(f)” substitute “paragraph 10 of Schedule 4 to these Regulations”.

28.  For regulations 55 (meaning of election expenses) and 56 (incurring of election expenses for purposes of regulation 55) substitute the following—

“Meaning of “election expenses”

55.— (1) In this Part of these Regulations “election expenses” in relation to a candidate at an election means (subject to paragraph (3) and regulation 57) any expenses incurred at any time in respect of any matter specified in Part 1 of Schedule 5A which is used for the purposes of the candidate’s election on or after the date when he becomes a candidate at the election.

(2) No election expenses are to be regarded as incurred by virtue of paragraph (1) or regulation 57 in respect of any matter specified in Part 2 of Schedule 5A.

(3) In this regulation and regulation 57 “for the purposes of the candidate’s election” means with a view to, or otherwise in connection with, promoting or procuring the candidate’s election at the election.

(4) For the purposes of this Part of these Regulations and in Schedule 5A, election expenses are incurred by or on behalf of a candidate at an election if they are incurred—

(a) by the candidate or his election agent, or

(b) by any person authorised in writing by the candidate or his election agent to incur expenses.

(5) In this Part of these Regulations and in Schedule 5A, any reference to election expenses incurred by or on behalf of a candidate at an election includes expenses—

(a) which are incurred as mentioned in paragraph (1) on or before the date when he becomes a candidate at the election, but

(b) which by virtue of that paragraph fall to be regarded as election expenses.

(6) In this Part of these Regulations and in Part 4 and in Schedule 5A, any reference (in whatever terms) to promoting or procuring a candidate’s election at an election includes doing so by prejudicing the electoral prospects of another candidate at the election.

56.   Schedule 5A, which makes provision for election expenses, has effect.”.

29.  In regulation 57 (property, goods, services etc provided free of charge or at a discount) amend paragraph (2) by substituting “Part 2 of Schedule 5A to these Regulations” for “regulation 55(3)”.

30.—(1) Amend regulation 68 (details to appear on election publications) as follows.

(2) After paragraph (7) insert—

“(7A) For the purposes of paragraph (7)(c), election material to which paragraph (7B) applies—

(a) is not to be regarded as being published on behalf of a candidate merely because it can be regarded as promoting, procuring or enhancing that candidate’s electoral success or standing, but

(b) may be regarded as being published on behalf of the party mentioned in paragraph (7B).

(7B) This paragraph applies to election material which can reasonably be regarded as promoting, procuring or enhancing the electoral success or standing of two or more candidates standing in the name of a party.”

31.  In regulation 73 (undue influence), for paragraph (2)(b) substitute—

“(b) if, by abduction, duress or any fraudulent device or contrivance, he impedes or prevents or intends to impede or prevent the free exercise of the franchise of an elector or proxy for an elector, or so compels, induces or prevails upon or intends so to compel, induce or prevail upon an elector or proxy for an elector either to vote or to refrain from voting.”.

32.  In regulation 79(1) (method of questioning European Parliamentary elections) for “rule 60” substitute “rule 64”.

33.  In regulation 81(1) (time for presentation or amendment of European Parliamentary election petition) for “rule 60” substitute “rule 64”.

34.  In regulation 84 (security for costs) the sentence beginning with the words “The security shall be” is to become paragraph (1A).

35.  In regulation 89(1)(a) (duty to answer relevant questions) for “husband or wife” substitute “spouse or civil partner”.

36.  In regulation 99 (prosecutions for corrupt practices), in sub-paragraph (1)(a)(i) before “23” insert “12A,”.

37.  After regulation 111 (service of notices) insert—

“Translations etc. of certain documents

111A.— (1) Paragraphs (2) and (3) apply to any document which by virtue of these Regulations is required or authorised to be given to voters or displayed in any place for the purposes of a European Parliamentary election.

(2) The person who is required or authorised to give or display the document (“P”) must, as P thinks appropriate, give or display or otherwise make available in such form as P thinks appropriate—

(a) the document in Braille;

(b) the document in languages other than English;

(c) graphical representations of the information contained in the document;

(d) other means of making the information contained in the document accessible to persons who might not otherwise have reasonable access to the information.

(3) P must also, as P thinks appropriate, make available the information contained in the document in such audible form as P thinks appropriate.

(4) Paragraphs (2) and (3) do not apply to—

(a) the nomination paper; or

(b) the ballot paper.

(5) The returning officer may cause to be displayed at every polling station in the election an enlarged sample copy of the ballot paper.

(6) The sample copy mentioned in paragraph (5)—

(a) must have printed the words “Vote for as many candidates as you wish in order of preference” both at the top and immediately below the list of candidates, and

(b) may include a translation of those words into such other languages as the returning officer thinks appropriate.

(7) The returning officer must provide at every polling station in the election an enlarged hand-held sample copy of the ballot paper for the assistance of voters who are partially sighted.

(8) The sample copy mentioned in paragraph (7) must be clearly marked as a specimen provided only for the guidance of voters.”.

European Parliamentary elections rules

38.  For Schedule 1, substitute the Schedule comprising Schedule 1 to these Regulations.

Absent voting at European Parliamentary elections

39.  For Schedule 2, substitute the Schedule comprising Schedule 2 to these Regulations.

Modifications for relevant citizens of the Accession States in 2004

40.  Omit Schedule 3.

Election expenses

41.  After Schedule 5, insert the Schedule comprising Schedule 3 to these Regulations.

Combined polls

42.  For Schedule 6, substitute the Schedule comprising Schedule 4 to these Regulations.

Paul Goggins

Minister of State

Northern Ireland Office

26th March 2009