SCHEDULE 1F1System of Election, &c.
F2European Parliamentary constituencies
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31
F4European Parliamentary elections
2
F5(1)
The persons entitled to vote as electors at an F6European Parliamentary election in any particular F6European 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 F6European Parliamentary constituency (excluding any person not registered in the register of parliamentary electors at an address within the F6European 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 F6European Parliamentary constituency (excluding any peer not registered at an address within the F6European Parliamentary constituency for the purposes of local government elections).
(2)
In an F6European 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.
F8(3A)
Regulations under this paragraph may make provision (including the creation of criminal offences)—
(a)
about the limitation of election expenses F9of candidates;
(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 F6European Parliamentary elections;
F10(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)
(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.
F12 Filling of vacancies
F133
(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.
F14Returning officers
F154
(1)
There shall be a returning officer for each electoral region who shall be—
(a)
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 M2People Act 1983, and
(ii)
is designated for the purposes of this sub-paragraph by order of the Secretary of State;
(b)
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.
(3)
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.
(4)
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.
Disqualification for office of representative to Assembly
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 F16Member of the Assembly if—
(a)
he is disqualified, whether under the M3House 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 Member of the Assembly for a particular F17European ParliamentaryF18electoral region if he is under section 1(2) of the M4House of Commons Disqualification Act 1975 disqualified for membership of the House of Commons for any particular parliamentary constituency wholly or partly comprised in that F17European ParliamentaryF18electoral region.
F19(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 F16Member 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.
(3)
A person is not disqualified for office as a F16Member ofthe Assembly by reason only—
(a)
that he is a peer, whether of the United Kingdom, Great Britain, England or Scotland; or
F20(b)
that he is a Lord Spiritual; or
(c)
that he holds an office mentioned in section 4 of the M5House 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 M6House 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.
F21or
(e)
that he is disqualified under section 3 of the Act of Settlement F22(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.
F23(4)
If a person who is disqualified under this paragraph for the office of MEP is returned as an MEP under—
(a)
section 3 F24or 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 F24or 3A, or
(b)
regulations made in accordance with paragraph 3(1),
his return shall be void and his seat vacant.
(5)
(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
F26(1)
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 F27or 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 F28£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 F29European ParliamentaryF30electoral 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 F31Member of to the Assembly (whether generally or in relation to a particular F29European ParliamentaryF30electoral region).
F32(6)
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.
F33Schedule 2 Electoral Regions in England
Part I
Reports of Boundary Commission and Orders in Council
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 F34European 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 F34European 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 F34European Parliamentary constituency) that copies of the recommendations are open to inspection at one or more specified places within each parliamentary constituency included in that F34European 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.
F35(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.
F365A
(1)
A Boundary Commission may, if they think fit, cause a local inquiry to be held in respect of any F37European 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 F37European 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 F37European Parliamentary constituencies.
(3)
Where a local inquiry was held in respect of the F37European 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 F37European Parliamentary constituencies affected by the recommendation, and an elector for any of those F37European Parliamentary constituencies; and for this purpose “local authority” means—
(a)
in England F38. . ., the council of a county, London borough or district
F39(aa)
in Wales, the council of a county or county borough;and
(b)
in Scotland, F40a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.
6
Section 250(2) and (3) of the M7Local Government Act 1972 or, as the case may be, section 210(4) and (5) of the M8Local Government (Scotland) Act 1973 (attendance of witnesses at inquiries) shall apply in relation to an inquiry held in pursuance of F41paragraph 5A above.
7
Nothing in F42paragraphs 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.
8
(1)
An Order in Council under F43this 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 F44European Parliamentary election, but shall not affect any earlier election.
(2)
The validity of an F44European Parliamentary election held in an F44European Parliamentary constituency consisting of an area determined by an Order in Council made under F43this 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.
Part II
Division of Great Britain into F45European Parliamentary Constituencies
9
In Great Britain—
(a)
each F46European 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 F46European Parliamentary constituency and partly in another.
10
The electorate of any F47European Parliamentary constituency in Great Britain shall be as near the electoral quota as is reasonably practicable having regard, where appropriate, to special geographical considerations.
Part III
Interpretation
11
In this Schedule—
F48 “the 1986 Act” means the Parliamentary Constituencies Act 1986;
“Boundary Commission” means a Boundary Commission F49provided for by the 1986 Act other than the Boundary Commission for Northern Ireland.
12
In 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 F50European Parliamentary constituencies specified for that part in paragraph 1(2) of Schedule 1 to this Act;
“electorate” means—
(a)
(b)
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;
“the relevant registers” means the following registers under the Representation of the People Acts, namely—
(a)
(b)
in relation to that part of Great Britain, the registers of parliamentary electors for the parliamentary constituencies in that part.