European Assembly Elections Act 1978
1978 c.10
An Act to make provision for and in connection with the election of representatives to the Assembly of the European Communities, and to prevent any treaty providing for any increase in the powers of the Assembly from being ratified by the United Kingdom unless approved by Act of Parliament.
By reason of the retrospective amendment of s. 9(1) of this Act by European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(2)(b)(3) the short title is now retrospectively the European Parliamentary Elections Act 1978
By European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(a)(2)(a)(3) in the long title for the references to the Assembly of the European Communities and the Assembly there are substituted retrospectively references to the European Parliament
In this Act references to constituency to be construed as mentioned in Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 1(2)
Act amended (N.I.) by S.I. 1986/1091, regs. 2, 51(6)
Act amended (E.W.) by S.I. 1986/1081, regs. 2, 51(6)
Act modified (5.11.1993) by 1993 c. 41, s. 2(5).
Act: power to apply conferred (19.11.1998) by 1998 c. 46, s. 12(4)(5)
Act: power to apply or incorporate conferred (1.12.1998) by 1998 c. 38, s. 11(3)(a) (with s. 143(2)); S.I. 1998/2789, art. 2
F11 Election of MEPs.
This Act makes provision for the election in the United Kingdom of Members of the European Parliament (“MEPs”).
F22 Electoral regions and number of MEPs.
1
The United Kingdom shall be divided into electoral regions.
2
England shall be divided into nine electoral regions.
3
Scotland, Wales and Northern Ireland shall each constitute a single electoral region.
4
The number of MEPs elected in the United Kingdom shall be 87, of whom—
a
71 shall be elected for electoral regions in England,
b
8 shall be elected for Scotland,
c
5 shall be elected for Wales, and
d
3 shall be elected for Northern Ireland.
5
Schedule 2 (which sets out the electoral regions in England and makes provision for the number of MEPs to be elected for each region) shall have effect.
F33 Electoral system in Great Britain.
1
The system of election in an electoral region in Great Britain shall be a regional list system complying with the following conditions.
2
A vote may be cast for a registered party, or an individual candidate, named on the ballot paper.
3
The first seat shall be allocated to the party or individual candidate with the greatest number of votes.
4
The second and subsequent seats shall be allocated in the same way, except that the number of votes given to a party to which one or more seats have already been allocated shall be divided by the number of seats allocated plus one.
5
In allocating the second or any subsequent seat there shall be disregarded any votes given to—
a
a party to which there has already been allocated a number of seats equal to the number of names on the party’s list of candidates, and
b
an individual candidate to whom a seat has already been allocated.
6
Seats allocated to a party shall be filled by the persons named on the party’s list of candidates in the order in which they appear on that list.
7
For the purposes of subsections (3) and (4) fractions shall be taken into account.
8
In this section—
a
“registered party” means F4a party registered under Part II of the Political Parties, Elections and Referendums Act 2000;
b
a reference to a party’s “list of candidates” is a reference to the list submitted in accordance with regulations made as required by paragraph 2(3B) of Schedule 1.
F163A Electoral system in Northern Ireland.
The system of election in Northern Ireland shall be a single transferable vote system under which—
a
a vote is capable of being given so as to indicate the voter’s order of preference for the candidates, and
b
a vote is capable of being transferred to the next choice—
i
when the vote is not required to give a prior choice the necessary quota of votes, or
ii
when, owing to the deficiency in the number of votes given for a prior choice, that choice is eliminated from the list of candidates.
F173B Electoral system: supplementary.
Schedule 1 (which makes supplementary provision about the holding of elections, the filling of vacancies, and disqualification) shall have effect.
F183C Franchise.
1
A person shall be entitled to vote as an elector at a European Parliamentary election in an electoral region if he is within any of subsections (2) to (5) below.
2
A person is within this subsection if on the day of the poll he would be entitled to vote as an elector at a parliamentary election in a parliamentary constituency wholly or partly comprised in the electoral region, and—
a
the address in respect of which he is registered in the relevant register of parliamentary electors is within the electoral region, or
b
his registration in the relevant register of parliamentary electors results from an overseas elector’s declaration which specifies an address within the electoral region.
3
A person is within this subsection if—
a
he is a peer who on the day of the poll would be entitled to vote at a local government election in an electoral area wholly or partly comprised in the electoral region, and
b
the address in respect of which he is registered in the relevant register of local government electors is within the electoral region.
4
A person is within this subsection if he is entitled to vote in the electoral region by virtue of section 3(2) to (9) of the Representation of the M4People Act 1985 (peers resident outside the United Kingdom).
5
A person is within this subsection if he is entitled to vote in the electoral region by virtue of F19the European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001 (relevant citizens of the European Union).
6
Subsection (1) shall have effect subject to any provision of regulations made under paragraph 2 of Schedule 1 which provides for alterations made after a specified date in a register of electors to be disregarded.
7
In subsection (3) “local government election” includes a municipal election in the City of London (that is, an election to the office of mayor, alderman, common councilman or sheriff and also the election of any officer elected by the mayor, aldermen and liverymen in common hall).
F203D Date of elections.
1
The poll at each general election of MEPs shall be held on a day appointed by order of the Secretary of State.
2
A statutory instrument made under this section shall be laid before Parliament after being made.
4 Double voting.
1
Without prejudice to any enactment relating to voting offences as applied by regulations under this Act to elections of F5MEPs held in the United Kingdom, a person shall be guilty of an offence if, on any occasion when under Article 9 elections to the Assembly are held in all the member States, he votes otherwise than as a proxy more than once in those elections, whether in the United Kingdom or elsewhere.
2
The provisions of the F6Representation of the People Act 1983 as applied by regulations under this Act shall have effect in relation to an offence under this section as they have effect in relation to an offence under F7section 61(2) of that Act (double voting); and, without prejudice to the generality of the foregoing provision, F8section 61(7) of that Act (which makes such an offence an illegal practice but allows any incapacity resulting from conviction to be mitigated by the convicting court) and F9section 178 of that Act (prosecutions for offences committed outside the United Kingdom) shall apply accordingly.
5 Exemption from jury service.
C91
2
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11
6 Parliamentary approval of treaties increasing Assembly’s powers.
C101
No treaty which provides for any increase in the powers of the Assembly shall be ratified by the United Kingdom unless it has been approved by an Act of Parliament.
2
In this section “treaty” includes any international agreement, and any protocol or annex to a treaty or international agreement.
7 Expenses.
1
There shall be charged on, and paid out of, the Consolidated Fund.
F12a
charges to which persons on whom functions are conferred by regulations made by virtue of paragraph 4(2) of Schedule 1 are entitled by virtue of regulations under this Act, and
aa
any sums required by the Secretary of State for expenditure on the provision of training relating to functions conferred by regulations made by virtue of paragraph 4(2) of Schedule 1;
b
any increase attributable to this Act in the sums charged on and payable out of that Fund under any other enactment.
2
There shall be paid out of money provided by Parliament—
a
any additional sums payable by way of rate support grant because of an increase attributable to this Act in the registration expenses of registration officers in Great Britain;
b
any increase so attributable in the sums payable out of money so provided under F13section 54(2) of the Representation of the People Act 1983 on account of the registration expenses of registration officers in Northern Ireland; and
c
any increase so attributable in the sums payable out of money so provided under the M2House of Commons (Redistribution of Seats) Act 1949.
8 Interpretation. C11
F141
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
In this Act—
a
any reference to a numbered Article is a reference to the Article so numbered of the Act concerning the election of the representatives of the Assembly by direct universal suffrage annexed to the decision of the Council of the European Communities dated the 20th September 1976, and any reference to a numbered subdivision of a numbered Article shall be construed accordingly;
b
“enactment” includes an enactment contained in an Act of the Parliament of Northern Ireland or an Order in Council made under the M3Northern Ireland (Temporary Provisions) Act 1972, or in a Measure of the Northern Ireland Assembly.
3
Except where the context otherwise requires, any reference in this Act to an enactment is a reference to that enactment as amended, and includes a reference to it as applied, by or under any other enactment, including this Act.
9 Citation etc.
1
This Act may be cited as the F15European Parliamentary Elections Act 1978.
2
Any power to make orders or regulations conferred by this Act shall be exercisable by statutory instrument; and any power to make an order under any provision of this Act includes power to vary or revoke a previous order made under that provision.
SCHEDULES
SCHEDULE 1F51System of Election, &c.
Title in Sch. 1 substituted (1.5.1999) by 1999 c. 1, s. 3(1), Sch. 2 paras. 1, 2; S.I. 1999/717, art. 2(1) (with art. 2(3))
F21European Parliamentary constituencies
Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)
F221. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23European Parliamentary elections
Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)
C12C13C142
F24C151
The persons entitled to vote as electors at an F25European Parliamentary election in any particular F25European Parliamentary constituency shall be—
C16C17a
those who, on the day appointed under paragraph 3 below for the election, would be entitled to vote as electors at a parliamentary election in a parliamentary constituency wholly or partly comprised in the F25European Parliamentary constituency (excluding any person not registered in the register of parliamentary electors at an address within the F25European Parliamentary constituency); and
b
peers who, on that day, would be entitled to vote at a local government election in an electoral area wholly or partly comprised in the F25European Parliamentary constituency (excluding any peer not registered at an address within the F25European Parliamentary constituency for the purposes of local government elections).
2
In an F25European Parliamentary election in the constituency of Northern Ireland each vote shall be a single transferable vote, that is to say a vote—
a
capable of being given so as to indicate the voter’s order of preference for the candidates for election as representatives for the constituency; and
b
capable of being transferred to the next choice—
i
when the vote is not required to give a prior choice the necessary quota of votes; or
ii
when, owing to the deficiency in the number of votes given for a prior choice, that choice is eliminated from the list of candidates.
3
Subject to the provisions of this and the following paragraph, the Secretary of State may by regulations make provision—
a
b
as to the questioning of such an election and the consequences of irregularities.
F273A
Regulations under this paragraph may make provision (including the creation of criminal offences)—
b
for the allocation of seats in the case of an equality of votes;
c
for securing that no person stands for election more than once at a general election.
For the purposes of this sub-paragraph a person stands for election if he is nominated as a candidate or is included in a party’s list of candidates.
3B
Regulations under this paragraph shall, in relation to an election in an electoral region in Great Britain, make provision for the nomination of registered parties, including provision requiring a nomination to be accompanied by a list of candidates numbering no more than the MEPs to be elected for that region.
4
Regulations under this paragraph may—
a
apply, with such modifications or exceptions as may be specified in the regulations, any provision of the Representation of the People Acts or of any other enactment relating to parliamentary elections or local government elections, and any provision made under any enactment;
b
amend any form contained in regulations made under the Representation of the People Acts so far as may be necessary to enable it to be used both for the purpose indicated in regulations so made and for the corresponding purpose in relation to F25European Parliamentary elections;
F29c
so far as may be necessary in consequence of any provision made by or under this Act, amend any provision made by or under any enactment relating to the registration of parliamentary electors or local government electors.
5
6
No regulations shall be made under this paragraph unless a draft thereof has been laid before Parliament and approved by a resolution of each House of Parliament.
F32 Filling of vacancies
Cross-heading substituted (1.5.1999) by 1999 c. 1, s. 3(1), Sch. 2 paras. 1, 8; S.I. 1999/717, art. 2(1)(2) (with art. 2(3))
F313
1
Regulations under paragraph 2 shall include provision prescribing the procedure to be followed when a seat is or becomes vacant.
2
The regulations may—
a
include provision requiring a by-election to be held in specified circumstances (and provision modifying section 3 in its application to by-elections);
b
require a seat last filled from a party’s list of candidates to be filled, in specified circumstances, from such a list (without a by-election).
3
Where regulations provide for a by-election to be held—
a
the poll shall take place on a day, appointed by order of the Secretary of State, within such period as may be specified in the regulations, but
b
the regulations may enable the Secretary of State to decline to appoint a day in certain circumstances.
4
A statutory instrument containing an order made by virtue of sub-paragraph (3) shall be laid before Parliament after being made.
F34Returning officers
Crossheading substituted (1.5.1999) by 1999 c. 1, s. 3(1), Sch. 2 paras. 1, 9; S.I. 1999/717, art. 2(1)(2) (with art. 2(3))
F334
1
There shall be a returning officer for each electoral region who shall be—
C19a
in the case of a region in England and in the case of Wales, a person who—
i
is an acting returning officer by virtue of section 28(1) of the Representation of the M6People Act 1983, and
ii
is designated for the purposes of this sub-paragraph by order of the Secretary of State;
C19b
in the case of Scotland, a person who—
i
is a returning officer by virtue of section 25 of that Act, and
ii
is designated for the purposes of this sub-paragraph by order of the Secretary of State;
c
in the case of Northern Ireland, the Chief Electoral Officer.
2
Regulations under paragraph 2 may confer functions on the returning officers for electoral regions and on persons who are, in relation to parliamentary elections—
a
in the case of England and Wales, acting returning officers, or
b
in the case of Scotland, returning officers.
C203
The council of a relevant area which is wholly or partly within an electoral region shall place the services of their officers at the disposal of any person on whom functions in relation to that region are conferred in accordance with sub-paragraph (2), for the purpose of assisting him in the discharge of those functions.
C204
In sub-paragraph (3), “relevant area” means—
a
a district or London borough in England,
b
a county or county borough in Wales, and
c
a local government area in Scotland.
C21 Disqualification for office of representative to Assembly
References to the European Parliament substituted retrospectively for references to the Assembly by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(a)(3)
5
C221
Subject to sub-paragraph (3) below, and without prejudice to Article 6(1) (incompatibility of office of representative with certain offices in or connected with Community institutions), a person is disqualified for the office of F35Member of the Assembly if—
a
he is disqualified, whether under the M7House of Commons Disqualification Act 1975 or otherwise, for membership of the House of Commons; or
b
he is a Lord of Appeal in Ordinary.
C222
A person is disqualified for the office of Member of the Assembly for a particular F36European ParliamentaryF37electoral region if he is under section 1(2) of the M8House of Commons Disqualification Act 1975 disqualified for membership of the House of Commons for any particular parliamentary constituency wholly or partly comprised in that F36European ParliamentaryF37electoral region.
F382A
A citizen of the Union, determined in accordance with article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union), who is not a Commonwealth citizen or citizen of the Republic of Ireland is disqualified under this paragraph for the office of F35Member of the European Parliament if he is disqualified for that office through a criminal law or civil law decision under the law of the Member State of which he is a national.
2B
In sub-paragraph (2A) above “a criminal law or civil law decision” has the same meaning as it has in the directive of the Council of the European Communities No.93/109/EC.
C223
A person is not disqualified for office as a F35Member ofthe Assembly by reason only—
a
that he is a peer, whether of the United Kingdom, Great Britain, England or Scotland; or
b
that he has been ordained or is a minister of any religious denomination; or
c
that he holds an office mentioned in section 4 of the M9House of Commons Disqualification Act 1975 (stewardship of Chiltern Hundreds etc.); or
d
that he holds any of the offices for the time being described in Part II or Part III of Schedule 1 to the M10House of Commons Disqualification Act 1975 which are for the time being designated in an order by the Secretary of State as nondisqualifying offices in relation to the Assembly.
F39or
e
that he is disqualified under section 3 of the Act of Settlement F40(disqualification for membership of either House of Parliament of persons born out of the Kingdoms of England, Scotland or Ireland or the dominions thereunto belonging except those who are Commonwealth citizens or citizens of the Republic of Ireland), provided that he is a citizen of the Union, determined in accordance with article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union), who is resident in the United Kingdom.
F414
If a person who is disqualified under this paragraph for the office of MEP is returned as an MEP under—
a
section 3 F42or 3A, or
b
regulations made in accordance with paragraph 3(1),
his return shall be void and his seat vacant.
4A
If a person who is disqualified under this paragraph for the office of MEP for a particular electoral region is returned as an MEP for that region under—
a
section 3 F42or 3A, or
b
regulations made in accordance with paragraph 3(1),
his return shall be void and his seat vacant.
C225
6
A statutory instrument made under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Judicial proceedings as to disqualification under paragraph 5
6
F441
Any person may apply to the court for a declaration or, as the case may be, a declarator that a person who purports to be an MEP -
a
is disqualified, or
b
was disqualified at the time when, or at some time since, he was returned as an MEP under section 3 F45or 3A or under regulations made in accordance with paragraph 3(1).
1A
The decision of the court on an application under this paragraph shall be final.
2
On an application under this paragraph the person in respect of whom the application is made shall be the respondent or, as the case may be, defender; and the applicant shall give such security for the costs or expenses of the proceedings, not exceeding F46£5,000, as the court may direct.
3
No declaration or declarator shall be made under this paragraph in respect of any person on grounds which subsisted at the time of his election if there is pending, or has been tried, an election petition in which his disqualification on those grounds is, or was, in issue.
4
Any declaration or declarator made by the court on an application under this paragraph shall be certified in writing to the Secretary of State forthwith by the court.
5
The court for the purposes of this paragraph is the High Court, the Court of Session or the High Court of Justice in Northern Ireland according as the F47European ParliamentaryF48electoral region to which the application relates is in England and Wales, or Scotland, or Northern Ireland; and in this paragraph “disqualified” means disqualified under paragraph 5 above for the office of F49Member of to the Assembly (whether generally or in relation to a particular F47European ParliamentaryF48electoral region).
F506
The Secretary of State may by order substitute another figure for the figure in sub-paragraph (2).
7
A statutory instrument made under sub-paragraph (6) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F52Schedule 2 Electoral Regions in England
F53Electoral regions
Sch. 2 substituted (1.5.1999) by 1999 c. 1, s. 2, Sch. 1; S.I. 1999/717, art. 2(1) (with art. 2(2)(3))
F541
The electoral regions for England shall be those listed in the Table below.
F552
1
Subject to sub-paragraph (2), a reference in the Table to a local government or administrative area is a reference to that area as it is for the time being.
2
Where an area specified in column (2) of the Table is altered, the alteration shall not have effect for the purposes of this Act until the first general election of MEPs at which the poll in the United Kingdom takes place after the alteration comes into force for all other purposes.
F56 Number of MEPs elected for each region
Sch. 2 substituted (1.5.1999) by 1999 c. 1, s. 2, Sch. 1; S.I. 1999/717, art. 2(1) (with art. 2(2)(3))
F573
The number of MEPs elected for each electoral region in England shall be the number specified in column (3) of the Table.
F584
1
As soon as possible after F591st May in each pre-election year the Secretary of State shall—
a
consider whether the ratio of registered electors to MEPs is as nearly as possible the same for every electoral region in England, and
b
make by order such amendments of column (3) of the Table as he considers necessary to ensure that result.
2
An order under sub-paragraph (1) shall not alter the total number of MEPs elected for electoral regions in England.
3
For the purposes of sub-paragraph (1) the Secretary of State shall consider the number of registered electors as at F601st May of the pre-election year.
4
For the purposes of sub-paragraph (1) a registered elector for an electoral region is a person whose name appears in a relevant register, or part of a relevant register, which relates to the region, other than a person who is—
a
a relevant citizen of the Union within the meaning of section 202(1) of the Representation of the M11People Act 1983 (interpretation), and
b
registered only for the purposes of local government elections.
5
The relevant registers are—
a
registers of parliamentary electors;
b
registers of local government electors;
c
registers of peers maintained under section 3(2) to (9) of the Representation of the M12People Act 1985 (peers resident outside the United Kingdom);
d
registers maintained under regulation 9 of the European Parliamentary Elections (Changes to the M13Franchise and Qualification of Representatives) Regulations 1994 (relevant citizens of the European Union).
F615A
Each registration officer shall notify the Secretary of State, by 28th May in each pre-election year, of the number of persons whose names appear, on 1st May in that year, in any relevant register maintained by the registration officer (other than persons falling within paragraphs (a) and (b) of sub-paragraph (4)).
6
In this paragraph “pre-election year” means any year after 2002 which immediately precedes a year in which general elections would be held in accordance with Article 10(2).
7
A statutory instrument made under sub-paragraph (1) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
TABLE
(1) | (2) | (3) |
|---|---|---|
Name of region | Counties, &c. included | Number of MEPs |
East Midlands | County of Derbyshire County of Derby County of Leicester County of Leicestershire County of Lincolnshire County of Northamptonshire County of Nottinghamshire County of Nottingham County of Rutland | 6 |
Eastern | County of Bedfordshire County of Cambridgeshire County of Essex County of Hertfordshire County of Luton County of Norfolk County of Peterborough County of Southend-on-Sea County of Suffolk County of Thurrock | 8 |
London | The administrative area of Greater London | 10 |
North East | County of Darlington County of Durham County of Hartlepool County of Middlesbrough County of Northumberland County of Redcar and Cleveland County of Stockton-on-Tees County of Tyne and Wear | 4 |
North West | County of Blackburn with Darwen County of Blackpool County of Cheshire County of Cumbria County of Greater Manchester County of Halton County of Lancashire County of Merseyside County of Warrington | 10 |
South East | County of Berkshire County of Brighton and Hove County of Buckinghamshire County of East Sussex County of Hampshire County of Isle of Wight County of Kent County of the Medway Towns County of Milton Keynes County of Oxfordshire County of Portsmouth County of Southampton County of Surrey County of West Sussex | 11 |
South West | County of Bath and North East Somerset County of Bournemouth County of the City of Bristol County of Cornwall County of Devon County of Dorset County of Gloucestershire County of North Somerset County of Plymouth County of Poole County of Somerset County of South Gloucestershire County of Swindon County of Torbay County of Wiltshire Isles of Scilly | 7 |
West Midlands | County of Herefordshire County of Shropshire County of Staffordshire County of Stoke-on-Trent County of Telford and Wrekin County of Warwickshire County of West Midlands County of Worcestershire | 8 |
Yorkshire & The Humber | County of the City of Kingston upon Hull County of the East Riding of Yorkshire County of North East Lincolnshire County of North Lincolnshire County of North Yorkshire County of South Yorkshire County of West Yorkshire County of York | 7 |
Act wholly in force at Royal Assent