The European Parliamentary Election Petition (Amendment) Rules 2004

2.  In rule 2—

(a) in paragraph (1)—

(i) omit the definition of “the Act”;

(ii) before the definition of “constituency” insert—

““the 2004 Regulations” means the European Parliamentary Elections Regulations 2004;

“combined region” means the electoral region(1) which includes Gibraltar, namely the South West electoral region(2);”;

(iii) omit the definition of “constituency”;

(iv) after the definition of “combined region”, insert—

““Director of Public Prosecutions” means the Director of Public Prosecutions for England and Wales;”;

(v) in the definition of “petition”, for the word “1978” substitute “2002”; and

(vi) in the definition of “returning officer”, for the word “constituency” substitute “electoral region”.

(b) in paragraph (2), for the words “section 157(4) of the Act” substitute “section 157(4) of the Representation of the People Act 1983(3)”;

(c) in paragraph (3), for the words “the Act” substitute “the 2004 Regulations”; and

(d) for paragraph (4) substitute—

“(4) Any document required to be filed in proceedings under these Rules shall be filed—

(a) if the petition relates to an electoral region other than the combined region, in the election petitions office; or

(b) if the petition relates to the combined region, in—

(i) the election petitions office, or

(ii) the Supreme Court Registry of the Gibraltar Supreme Court for transmission to the election petitions office, together with any fee payable(4).”.

(e) After paragraph (4), insert—

“(5) References in these Rules to a named Ordinance are to the Gibraltar Ordinance of that name.”.

(1)

See section 1 of the European Parliamentary Elections Act 2002 for the definition of “electoral region”.

(2)

See article 2 of S.I. 2004/366.

(3)

1983 c. 2.

(4)

On the commencement of the proceedings and at certain other specified steps in the proceedings a fee is to be paid in accordance with the Supreme Court Fees Order 1999 (S.I. 1999/687), which has been amended by S.I. 1999/2569, S.I. 2000/641, S.I. 2000/937, S.I. 2000/1544, S.I.2000/2382, S.I. 2002/222, S.I. 2003/646 and S.I. 2003/717.