European Assembly Elections Act 1978 (Repealed)

1 Election of representatives to the European Assembly. U.K.

The representatives of the people of the United Kingdom in the Assembly of the European Communities . . . F1 shall be elected in accordance with this Act.

Textual Amendments

F1 Words repealed by European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 4(3), Sch.

2 Number of representatives. U.K.

The number of representatives to the Assembly to be elected in the United Kingdom shall be [F2 87]; and of those representatives—

(a) [F2 71] shall be elected in England;

(b) 8 shall be elected in Scotland;

(c) [F2 5] shall be elected in Wales; and

(d) 3 shall be elected in Northern Ireland.

Textual Amendments

F2 Words in s. 2 substituted (1.5.1994) by 1993 c. 41, s. 1(1); S.I. 1994/1089, art. 2

Modifications etc. (not altering text)

C1 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)

3 Method of election. U.K.

[F3 European Parliamentary] elections shall be held and conducted in accordance with the provisions of Schedule 1 to this Act (with Schedule 2) under the simple majority system (for Great Britain) and the single transferable vote system (for Northern Ireland).

Textual Amendments

F3 Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)

Valid from 16/03/1999

[F4 3A Electoral system in Northern Ireland. U.K.

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.]

Textual Amendments

F4 Ss. 1-3D substituted for ss. 1-3 (16.3.1999 for specified purposes only and 1.5.1999) by 1999 c. 1, s. 1; S.I. 1999/717, art. 2(1)(2) (with art. 2(3))

Valid from 16/03/1999

[F5 3B Electoral system: supplementary. U.K.

Schedule 1 (which makes supplementary provision about the holding of elections, the filling of vacancies, and disqualification) shall have effect.]

Textual Amendments

F5 Ss. 1-3D substituted for ss. 1-3 (16.3.1999 for specified purposes only and 1.5.1999 otherwise) by 1999 c. 1, s. 1; S.I. 1999/717, art. 2(1)(2) (with art. 2(3))

Valid from 16/03/1999

[F6 3C Franchise. U.K.

(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 M1 People 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 Part III of the European Parliamentary Elections (Changes to the M2 Franchise and Qualifications of Representatives) Regulations 1994 (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).]

Textual Amendments

F6 Ss. 1-3D substituted for ss. 1-3 (16.3.1999 for specified purposes only and 1.5.1999 otherwise) by c. 1, s. 1; S.I. 1999/717, art. 2(1)(2) (with art. 2(3))

Marginal Citations

M1 1985 c. 50.

M2 S.I. 1994/342.

Valid from 16/03/1999

[F7 3D Date of elections. U.K.

(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.]

Textual Amendments

F7 Ss. 1-3D substituted for ss. 1-3 (16.3.1999 for specified purposes only and 1.5.1999 otherwise) by 1999 c. 1, s. 1; S.I. 1999/717, art. 2(1)(2)(3)

4 Double voting. U.K.

(1) Without prejudice to any enactment relating to voting offences as applied by regulations under this Act to elections of representatives to the Assembly 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 [F8 Representation 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 [F9 section 61(2)] of that Act (double voting); and, without prejudice to the generality of the foregoing provision, [F10 section 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 [F11 section 178] of that Act (prosecutions for offences committed outside the United Kingdom) shall apply accordingly.

Textual Amendments

F8 Words substituted by Representation of the People Act 1983 (c. 2, SIF 42), ss. 205(2), 206, Sch. 8 para. 21(a)

F9 Words substituted by Representation of the People Act 1983 (c. 2, SIF 42), ss. 205(2), 206, Sch. 8 para. 21(b)

F10 Words substituted by Representation of the People Act 1983 (c. 2, SIF 42), ss. 205(2), 206, Sch. 8 para. 21(c)

F11 Words substituted by Representation of the People Act 1983 (c. 2, SIF 42), ss. 205(2), 206, Sch. 8 para. 21(d)

Modifications etc. (not altering text)

C2 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 Exemption from jury service. U.K.

(1) In Part III of Schedule 1 to the M3 Juries Act 1974 (excusal of certain persons from jury service in England and Wales) and in Schedule 2 to the M4 Juries (Northern Ireland) Order 1974 (exemptions from jury service in Northern Ireland), before the heading “The Forces” there shall be inserted the following:

“ European Assembly U.K.

Representatives to the Assembly of the European Communities.”.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12

Textual Amendments

F12 S. 5(2) repealed by Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55, SIF 72:2), s. 28(2), Sch. 3

Modifications etc. (not altering text)

C3 The text of s. 5(1) is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M3 1974 c. 23.

M4 S.I. 1974/2143 (N.I.).

6 Parliamentary approval of treaties increasing Assembly’s powers. U.K.

(1) 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.

Modifications etc. (not altering text)

C4 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)

7 Expenses. U.K.

(1) There shall be charged on, and paid out of, the Consolidated Fund.

(a) such reasonable charges as returning officers are by virtue of this Act entitled to in connection with [F13 European Parliamentary] elections; and

(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 [F14 section 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 M5 House of Commons (Redistribution of Seats) Act 1949.

Textual Amendments

F13 Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)

F14 Words substituted by Representation of the People Act 1983 (c. 2, SIF 42), ss. 205(2), 206, Sch. 8 para. 22

Marginal Citations

M5 1949 c. 66.

8 Interpretation. U.K.

(1) The provisions of this Act, except section 4, apply only in relation to representatives to the Assembly who fall to be elected in the United Kingdom; and references in this Act (except section 4) to elections to the Assembly shall be construed accordingly.

(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 M6 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 M7 Northern 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.

Modifications etc. (not altering text)

C5 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)

Marginal Citations

M6 Cmnd. 6623

M7 1972 c. 22.

9 Citation etc. U.K.

(1) This Act may be cited as the [F15 European 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.

Textual Amendments

F15 Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(2)(b)(3)