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3.—(1) Paragraph (2) applies in relation to a vacancy in the seat of an MEP if—
(a)the vacancy arose before the date on which these Regulations came into force; and
(b)before that date, the Secretary of State received a notice in relation to the vacancy under regulation 83(8) of the Principal Regulations from the returning officer (notice that returning officer is unable to fill a vacant seat from a party’s list).
(2) Regulation 83A of the Principal Regulations (filling vacant seat by nomination) applies to the vacancy as if—
(a)paragraph (1) were omitted;
(b)for paragraph (2) there were substituted—
“(2) As soon as practicable after this regulation comes into force, the returning officer must ask the nominating officer of the registered party to nominate a person to fill the vacant seat and be returned as an MEP in the name of the registered party.”; and
(c)in paragraph (6), the words “Where this regulation applies by virtue of paragraph (1)(a)” were omitted.
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