- Latest available (Revised)
- Point in Time (01/05/1994)
- Original (As enacted)
Version Superseded: 01/01/1996
Point in time view as at 01/05/1994.
There are currently no known outstanding effects for the European Assembly Elections Act 1978 (Repealed).
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Section 3.
Textual Amendments
F1Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)
1(1)Representatives to the Assembly shall be elected in Great Britain for the [F2European Parliamentary] constituencies for the time being specified in an Order in Council under Schedule 2 to this Act, and in Northern Ireland for a single [F2European Parliamentary] constituency comprising the whole of Northern Ireland; and there shall be—
(a)one representative for each such constituency in Great Britain; and
(b)three representatives for the [F2European Parliamentary] constituency of Northern Ireland.
(2)There shall be a total of [F385][F2European Parliamentary] constituencies, of which—
(a)[F371] shall be in England;
(b)8 shall be in Scotland;
(c)[F35n] shall be in Wales;
(d)1 shall be that of Northern Ireland.
Textual Amendments
F2Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)
F3Words in Sch. 1 para. 1(2) substituted (1.5.1994) by 1993 c. 41, s. 1(2),; S.I. 1994/1089, art. 2
Modifications etc. (not altering text)
C1References 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)
Textual Amendments
F4Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)
2(1)The persons entitled to vote as electors at an [F5European Parliamentary] election in any particular [F5European Parliamentary] constituency shall be—
(a)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 [F5European Parliamentary] constituency (excluding any person not registered in the register of parliamentary electors at an address within the [F5European 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 [F5European Parliamentary] constituency (excluding any peer not registered at an address within the [F5European Parliamentary] constituency for the purposes of local government elections).
(2)In an [F5European 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)as to the conduct of [F5European Parliamentary] elections (including the registration of electors and the limitation of candidates’ election expenses); and
(b)as to the questioning of such an election and the consequences of irregularities.
(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 [F5European Parliamentary] elections;
(c)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)Section [F626]of the M1Welsh Language Act [F61993](power to prescribe Welsh version) shall apply in relation to regulations under this paragraph as it applies in relation to [F6Acts of Parliament].
(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.
Subordinate Legislation Made
P1Sch. 1 para. 2: for previous exercises of power see Index to Government Orders
Sch. 1 para. 2: power exercised (G.B.) by S.I. 1991/1243
Sch. 1 para 2: power exercised (N.I.) by S.I. 1991/1675
Textual Amendments
F5Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)
F6Words in Sch. 1 para. 2(5) substituted (21.12.1993) by 1993 c. 38, ss. 35(3), 36(1).
Modifications etc. (not altering text)
C2Sch. 1 para. 2 modified (S.) by S.I. 1986/1111, regs. 2, 97(1)(3)
C3Sch. 1 para. 2 modified (E.W.) by S.I. 1986/1081, regs. 2, 99(1)(3)
C4Power to exclude by regulations conferred (N.I.) by Elections (Northern Ireland) Act 1985 (c. 2, SIF 42), s. 5(3)
C5Sch. 1 para. 2(1)(a) extended by Representation of the People Act 1985 (c. 50, SIF 42), s. 3(1)
C6Reference to the register of parliamentary electors to be construed as mentioned in Representation of the People Act 1983 (c. 2, SIF 42), ss. 205, 206, Sch. 7 para. 10
Marginal Citations
3(1)Each general election of representatives to the Assembly shall be held on a day appointed by order of the Secretary of State.
(2)Subject to sub-paragraph (4) below, where, an [F7European Parliamentary] election having been held in any particular [F7European Parliamentary] constituency, the seat of a representative to the Assembly is or falls vacant, a by-election shall be held to fill the vacancy.
(3)A by-election in pursuance of sub-paragraph (2) above shall be held on a day appointed by order of the Secretary of State, being a day not later than six months after the occurrence of either of the following events, namely—
(a)notification of the vacancy by the Assembly under Article 12(2); or
(b)declaration of the vacancy by the Secretary of State.
(4)A by-election need not be held if the latest date for holding it would fall on or after the relevant Thursday (that is to say the Thursday with which the next period for holding elections to the Assembly in all the member States would begin in accordance with Article 10(2) in the absence of any determination by the Council thereunder).
(5)A statutory instrument made under this paragraph shall be laid before Parliament after being made.
Textual Amendments
F7Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)
Modifications etc. (not altering text)
C7References 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)
4(1)In England and Wales the returning officer for an [F8European Parliamentary] election in any [F8European Parliamentary] constituency shall be the person who is the returning officer for parliamentary elections for such one of the parliamentary constituencies wholly or partly comprised in that [F8European Parliamentary] constituency as may be designated in an order made by the Secretary of State.
(2)In Scotland the returning officer for an [F8European Parliamentary] election shall be—
(a)in the case of an [F8European Parliamentary] constituency wholly situated in one region or islands area, the person who under [F9section 41 of the Representation of the People Act 1983] is, or may discharge the functions of, the returning officer at elections of councillors for the council of that region or islands area;
(b)in the case of an [F8European Parliamentary] constituency situated in more than one region or islands area, such person as aforesaid as the Secretary of State may by order direct.
(3)In Northern Ireland the Chief Electoral Officer shall be the returning officer for every [F8European Parliamentary] election.
(4)The council of a local government area wholly or partly situated in an [F8European Parliamentary] constituency in England, Wales or Scotland shall place the services of their officers at the disposal of the returning officer for that [F8European Parliamentary] constituency for the purpose of assisting him in the discharge of any functions conferred on him in relation to an [F8European Parliamentary] election in that [F8European Parliamentary] constituency.
(5)In this paragraph “local government area” means—
(a)in England and Wales, a district or London borough;
(b)in Scotland, a region, islands area or district.
Textual Amendments
F8Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)
F9Words substituted by Representation of the People Act 1983 (c. 2, SIF 42), ss. 205(2), 206, Sch. 8 para. 23
Modifications etc. (not altering text)
C8Reference to the returning officer for parliamentary elections to be construed as mentioned in Representation of the People Act 1983 (c. 3, SIF 42), ss. 205, 206, Sch. 7 para. 11(b)
Modifications etc. (not altering text)
C9References 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(1)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 representative to the Assembly if—
(a)he is disqualified, whether under the M2House of Commons Disqualification Act 1975 or otherwise, for membership of the House of Commons; or
(b)he is a Lord of Appeal in Ordinary.
(2)A person is disqualified for the office of representative to the Assembly for a particular [F10European Parliamentary] constituency if he is under section 1(2) of the M3House of Commons Disqualification Act 1975 disqualified for membership of the House of Commons for any particular parliamentary constituency wholly or partly comprised in that [F10European Parliamentary] constituency.
[F11(2A)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 representative to 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.]
(3)A person is not disqualified for office as a representative to the 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 M4House 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 M5House 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.
[F12or
(e)that he is disqualified under section 3 of the Act of Settlement F13(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.]
(4)If any person disqualified under this paragraph for the office of representative to the Assembly, or for the office of representative to the Assembly for a particular [F10European Parliamentary] constituency, is elected as a representative to the Assembly or as a representative for that constituency, as the case may be, his election shall be void.
(5)If a representative to the Assembly becomes disqualified under this paragraph for the office of representative to the Assembly or for the office of representative to the Assembly for the [F10European Parliamentary] constituency for which he was elected, his seat shall be vacated.
(6)A statutory instrument made under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F10Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)
F11Sch. 1 para. 5 (2A)(2B) inserted (17.2.1994) by S.I. 1994/342, regs. 1(1), 3(1)
F12Sch. 1 para. 5(3)(e) inserted (17.2.1994) by S.I. 1994/342, regs. 1(1), 3(2)
F1312&13Will. 3 Sch. 2, as amended by Schedule 7 to the British Nationality Act 1981 (c. 61).
Modifications etc. (not altering text)
C10References 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
6(1)Any person who claims that a person purporting to hold office as a representative to the Assembly is disqualified or was disqualified at the time of, or at any time since, his election may apply to the court for a declaration or, as the case may be, declarator to that effect, and the decision of the court on the application 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 £200, 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 [F14European Parliamentary] constituency 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 representative to the Assembly (whether generally or in relation to a particular [F14European Parliamentary] constituency).
Textual Amendments
F14Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)
Modifications etc. (not altering text)
C11References 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)
Section 3 and Schedule 1, para. 1.
Textual Amendments
F15Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)
[F161If—
(a)an Order in Council has been made under [F17the 1986 Act] giving effect, with or without modifications, to the recommendations contained in a report submitted to the Secretary of State under [F18section 3(1)] of that Act by the Boundary Commission for any part of Great Britain; or
(b)the Boundary Commission for any part of Great Britain have submitted a report to the Secretary of State under [F18section 3(1)] stating that, in the opinion of the Commission, no alteration is required to be made in the parliamentary constituencies into which that part of Great Britain is divided;
the Boundary Commission shall thereupon proceed to consider the representation in [F19the European Parliament] of the part of Great Britain with which they are concerned and shall as soon as may be after that time submit to the Secretary of State a supplementary report in accordance with paragraph 2 below.]
Textual Amendments
F17Words substituted by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 5(2)(a)
F18Words substituted by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 5(2)(b)
F19Reference to the European Parliament substituted retrospectively for reference to the Assembly by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(a)(3)
2[F20The supplementary report which the Boundary Commission for any part of Great Britain is required under paragraph 1 above to submit to the Secretary of State shall be a] report either—
(a)showing the [F21European Parliamentary] constituencies into which they recommend that that part of Great Britain should be divided in order to give effect to the provisions of paragraph 1(2) of Schedule 1 to this Act and Part II of this Schedule; or
(b)stating that, in the opinion of the Commission, no alteration is required to be made in the [F21European Parliamentary] constituencies in that part of Great Britain in order to give effect to those provisions.
Textual Amendments
F20Words substituted by European Assembly Elections Act 1981 (c. 8, SIF 42), s. 1(2)
F21Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)
[F223If—
(a)an Order in Council has been made under [F23the 1986 Act] giving effect, with or without modifications, to recommendations for the alteration of any particular parliamentary constituency or constituencies contained in a report submitted to the Secretary of State under [F24section 3(3)] of that Act by the Boundary Commission for any part of Great Britain; and
(b)the result of the alterations in parliamentary constituencies made by the Order is that paragraph 9 below is no longer complied with in relation to one or more of the [F25European Parliamentary] constituencies into which that part of Great Britain is divided;
the Boundary Commission shall thereupon proceed to consider in what manner the [F25European Parliamentary] constituency or constituencies affected should be altered in order that paragraph 9 be complied with and shall as soon as may be after that time submit to the Secretary of State a supplementary report showing the alterations which they recommended should be made in the [F25European Parliamentary] constituency or constituencies for that purpose.]
Textual Amendments
F23Words substituted by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 5(3)(a)
F24Words substituted by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 5(3)(b)
F25Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)
[F264A supplementary report of a Boundary Commission under this Schedule showing the [F27European Parliamentary] constituencies into which they recommend that any area should be divided shall state, as respects each [F27European Parliamentary] constituency, the name by which they recommend that it should be known.]
Textual Amendments
F26Sch. 2 paras. 4, 4A, 4B substituted for para. 4 by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 5(4)
F27Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)
4A(1)Where the Boundary Commission for any part of Great Britain intend to consider making a supplementary report under this Schedule, they shall, by notice in writing, inform the Secretary of State accordingly, and a copy of the notice shall be published—
(a)in a case where it was given by the Boundary Commission for England or the Boundary Commission for Wales, in the London Gazette, and
(b)in a case where it was given by the Boundary Commission for Scotland, in the Edinburgh Gazette.
(2)As soon as may be after a Boundary Commission have submitted a supplementary report to the Secretary of State under this Schedule, he shall lay the report before Parliament together, except in a case where the report states that no alteration is required to be made in respect of the part of Great Britain with which the Commission are concerned, with the draft of an Order in Council for giving effect, whether with or without modifications, to the recommendations contained in the report.
4B(1)The draft of any Order in Council laid before Parliament by the Secretary of State under this Schedule for giving effect, whether with or without modifications, to the recommendations contained in a supplementary report of a Boundary Commission may make provision for any matters which appear to him to be incidental to, or consequential on, the recommendations.
(2)Where any such draft gives effect to any such recommendations with modifications, the Secretary of State shall lay before Parliament together with the draft a statement of the reasons for the modifications.
(3)If any such draft is approved by resolution of each House of Parliament, the Secretary of State shall submit it to Her Majesty in Council.
(4)If a motion for the approval of any such draft is rejected by either House of Parliament or withdrawn by leave of the House, the Secretary of State may amend the draft and lay the amended draft before Parliament, and if the draft as so amended is approved by resolution of each House of Parliament, the Secretary of State shall submit it to Her Majesty in Council.
(5)Where the draft of an Order in Council is submitted to Her Majesty in Council under this Schedule, Her Majesty in Council may make an Order in terms of the draft which (subject to paragraph 8 below) shall come into force on such date as may be specified in the Order and shall have effect notwithstanding anything in any enactment.
(6)The validity of any Order in Council purporting to be made under this Schedule and reciting that a draft of the Order has been approved by resolution of each House of Parliament shall not be called in question in any legal proceedings whatsoever.
5(1)Where a Boundary Commission have provisionally determined to make recommendations with respect to any [F28European Parliamentary] constituency, they shall publish a notice under this paragraph in such manner as they think best calculated to bring it to the attention of those concerned.
(2)A notice under this paragraph relating to an [F28European Parliamentary] constituency shall state—
(a)the effect of the proposed recommendations with respect to that constituency and (except where the proposed recommendations do not involve any alteration in that [F28European Parliamentary] constituency) that copies of the recommendations are open to inspection at one or more specified places within each parliamentary constituency included in that [F28European Parliamentary] constituency; and
(b)that representations with respect to the proposed recommendations may be made to the Commission within one month after the first publication of the notice,
and the Commission shall take into consideration any representations duly made in accordance with any such notice.
[F29(3)Where a Boundary Commission revise any proposed recommendations after publishing a notice of them under this paragraph the Commission shall publish a further notice under this paragraph in relation to the revised recommendations, as if no earlier notice had been published.]
Textual Amendments
F28Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)
[F305A(1)A Boundary Commission may, if they think fit, cause a local inquiry to be held in respect of any [F31European Parliamentary] constituency or constituencies.
(2)Where, on the publication of the notice under paragraph 5 above of a recommendation of a Boundary Commission for the alteration of any [F31European Parliamentary] constituencies, the Commission receive any representation objecting to the proposed recommendation from an interested authority or from a body of electors numbering five hundred or more, the Commission shall not make the recommendation unless, since the publication of the notice, a local inquiry has been held in respect of the [F31European Parliamentary] constituencies.
(3)Where a local inquiry was held in respect of the [F31European Parliamentary] constituencies before the publication of the notice mentioned in sub-paragraph (2) above, that sub-paragraph shall not apply if the Commission, after considering the matters discussed at the local inquiry, the nature of the representations received on the publication of the notice and any other relevant circumstances, are of opinion that a further local inquiry would not be justified.
(4)In sub-paragraph (2) above, “interested authority” and “elector” respectively means, in relation to any recommendation, a local authority whose area is wholly or partly comprised in the [F31European Parliamentary] constituencies affected by the recommendation, and an elector for any of those [F31European Parliamentary] constituencies; and for this purpose “local authority” means—
(a)in England and Wales, the council of a county, London borough or district, and
(b)in Scotland, the council of a region, islands area or district.]
Textual Amendments
F30Sch. 2 para. 5A inserted by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 5(6)
F31Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)
6Section 250(2) and (3) of the M6Local Government Act 1972 or, as the case may be, section 210(4) and (5) of the M7Local Government (Scotland) Act 1973 (attendance of witnesses at inquiries) shall apply in relation to an inquiry held in pursuance of [F32paragraph 5A] above.
Textual Amendments
F32Words substituted by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 5(7)
Marginal Citations
7Nothing in [F33paragraphs 4A and 4B] above shall be taken as enabling the Secretary of State to modify any recommendation or draft Order in Council in a manner conflicting with the provisions of Part II of this Schedule.
Textual Amendments
F33Words substituted by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 5(8)
8(1)An Order in Council under [F34this Schedule] shall apply to the first general election of representatives to the Assembly held after the Order comes into force and (subject to any further Order in Council) to any subsequent [F35European Parliamentary] election, but shall not affect any earlier election.
(2)The validity of an [F35European Parliamentary] election held in an [F35European Parliamentary] constituency consisting of an area determined by an Order in Council made under [F34this Schedule], being an Order which applies to that election, shall not be affected by any alteration made in any parliamentary constituency since the making of that Order.
Textual Amendments
F34Words substituted by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 5(9)
F35Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)
Modifications etc. (not altering text)
C12References 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)
Modifications etc. (not altering text)
C13Sch. 2 Pt. II extended (with modifications) (5.11.1993) by 1993 c. 41, s. 2(4)
Textual Amendments
F36Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)
9In Great Britain—
(a)each [F37European Parliamentary] constituency shall consist of an area that includes two or more parliamentary constituencies; and
(b)no parliamentary constituency shall be included partly in one [F37European Parliamentary] constituency and partly in another.
Textual Amendments
F37Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)
10The electorate of any [F38European Parliamentary] constituency in Great Britain shall be as near the electoral quota as is reasonably practicable having regard, where appropriate, to special geographical considerations.
Textual Amendments
F38Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)
Modifications etc. (not altering text)
C14Sch. 2 Pt. III extended (with modifications) (5.11.1993) by 1993 c. 41, s. 2(4)
11In this Schedule—
[F39 “the 1986 Act” means the Parliamentary Constituencies Act 1986];
“Boundary Commission” means a Boundary Commission [F40provided for by the 1986 Act] other than the Boundary Commission for Northern Ireland.
Textual Amendments
F39Words substituted by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 5(10)(a)
F40Words substituted by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 5(10)(b)
12In Part II of this Schedule and this paragraph in their application to a part of Great Britain for which there is a Boundary Commission—
“electoral quota” means the number obtained by dividing the electorate of that part of Great Britain by the number of [F41European Parliamentary] constituencies specified for that part in paragraph 1(2) of Schedule 1 to this Act;
“electorate” means—
in relation to an [F41European Parliamentary] constituency, the number of persons whose names appear on the relevant registers for that [F41European Parliamentary] constituency in force on the enumeration date;
in relation to that part of Great Britain, the number of persons whose names appear on the relevant registers for that part of Great Britain in force on the enumeration date;
[F42 “enumeration date” means, in relation to any supplementary report of a Boundary Commission under this Schedule, the date on which the notice with respect to that report is published in accordance with [F43paragraph 4A above]];
“the relevant registers” means the following registers under the Representation of the People Acts, namely—
in relation to an [F41European Parliamentary] constituency, the registers of parliamentary electors to be used at an [F41European Parliamentary] election in that [F41European Parliamentary] constituency;
in relation to that part of Great Britain, the registers of parliamentary electors for the parliamentary constituencies in that part.
Textual Amendments
F41Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)
F42Definition substituted by European Assembly Elections Act 1981 (c. 8, SIF 42), s. 1(5)
F43Words substituted by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 5(11)
Modifications etc. (not altering text)
C15Reference to the registers of parliamentary electors to be construed as mentioned in Representation of the People Act 1983 (c. 2, SIF 42), ss. 205, 206 Sch. 7 para. 10
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: