European Parliamentary Elections Act 2002

Introductory U.K.

[F1 1 Number of MEPs and electoral regions U.K.

(1) There shall be 87 members of the European Parliament (“MEPs”) elected for the United Kingdom.

(2) For the purposes of electing those MEPs—

(a) [F2 the area of England and Gibraltar is] divided into the nine electoral regions specified in Schedule 1; and

(b) Scotland, Wales and Northern Ireland are each single electoral regions.

(3) The number of MEPs to be elected for each electoral region is as follows—

East Midlands	6
Eastern	8
London	10
North East	4
North West	10
South East	11
South West	7
West Midlands	8
Yorkshire and the Humber	7
Scotland	8
Wales	5
Northern Ireland	3.]

Textual Amendments

F1 S. 1 substituted (8.5.2003) by European Parliament (Representation) Act 2003 (c. 7), ss. 1, 28(3)(4)

F2 Words in s. 1(2)(a) substituted (5.2.2004) by The European Parliamentary Elections (Combined Region and Campaign Expenditure) (United Kingdom and Gibraltar) Order 2004 (S.I. 2004/366), arts. 1(2), 3(2)

[F3 1A Periodic reviews of distribution of MEPs U.K.

Schedule 1A (which provides for periodic reviews by the Electoral Commission of the distribution of MEPs between the electoral regions) has effect.]

Textual Amendments

F3 S. 1A inserted (8.5.2003) by European Parliament (Representation) Act 2003 (c. 7), ss. 7(1), 28(3)(4)

General elections U.K.

2 Voting system in Great Britain [F4 and Gibraltar] U.K.

(1) The system of election of MEPs in an electoral region [F5 other than Northern Ireland] is to be a regional list system.

(2) The Secretary of State must by regulations—

(a) make provision for the nomination of registered parties in relation to an election in such a region, and

(b) require a nomination under paragraph (a) to be accompanied by a list of candidates numbering no more than the MEPs to be elected for the region.

(3) The system of election must comply with the following conditions.

(4) A vote may be cast for a registered party or an individual candidate named on the ballot paper.

(5) The first seat is to be allocated to the party or individual candidate with the greatest number of votes.

(6) The second and subsequent seats are to 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 are to be divided by the number of seats allocated plus one.

(7) In allocating the second or any subsequent seat there are to 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.

(8) Seats allocated to a party are to be filled by the persons named on the party’s list of candidates in the order in which they appear on that list.

(9) For the purposes of subsection (6) fractions are to be taken into account.

(10) In this section “registered party” means a party registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 (c. 41).

Textual Amendments

F4 Words in s. 2 heading inserted (5.2.2004) by The European Parliamentary Elections (Combined Region and Campaign Expenditure) (United Kingdom and Gibraltar) Order 2004 (S.I. 2004/366), arts. 1(2), 3(3)(a)

F5 Words in s. 2(1) substituted (5.2.2004) by The European Parliamentary Elections (Combined Region and Campaign Expenditure) (United Kingdom and Gibraltar) Order 2004 (S.I. 2004/366), arts. 1(2), 3(3)(b)

3 Voting system in Northern Ireland U.K.

The system of election of MEPs in Northern Ireland is to 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.

4 Date of elections U.K.

The poll at each general election of MEPs is to be held on a day appointed by order of the Secretary of State.

Vacant seats U.K.

5 Filling vacant seats U.K.

(1) The Secretary of State must by regulations make 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 2 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 must 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.

Conduct of elections U.K.

6 Returning officers U.K.

(1) There is to be a returning officer for each electoral region.

(2) For a region in England [F6 and Wales (including the combined region)] , the returning officer is to be a person who—

(a) is an acting returning officer by virtue of section 28(1) of the Representation of the People Act 1983 (c. 2), and

(b) is designated for the purposes of this subsection by order of the Secretary of State.

(3) For Scotland the returning officer is to be a person who—

(a) is a returning officer by virtue of section 25 of that Act, and

(b) is designated for the purposes of this subsection by order of the Secretary of State.

(4) For Northern Ireland the returning officer is to be the Chief Electoral Officer.

[F7 (5) The Secretary of State may by regulations confer functions on the returning officers for the electoral regions and on local returning officers.

(5A) For the purposes of subsection (5) “local returning officer” means—

(a) a person who is, in relation to parliamentary elections, an acting returning officer (in England and Wales) or a returning officer (in Scotland); or

(b) the European electoral registration officer for Gibraltar (within the meaning of section 14 of the European Parliament (Representation) Act 2003).]

(6) There are to be charged on, and paid out of, the Consolidated Fund—

(a) charges to which persons on whom functions are conferred under subsection (5) are entitled under regulations under this Act, and

(b) any sums required by the Secretary of State for expenditure on the provision of training relating to functions conferred under subsection (5).

(7) Where functions are conferred on a person under subsection (5) in relation to an electoral region,

[F8 (a) in the case of an electoral region other than the combined region, the council of a relevant area falling wholly or partly within that region; and

(b) in the case of the combined region, the council of a relevant area falling wholly or partly within that region and the Government of Gibraltar,

must] place the services of their officers at his disposal for the purpose of assisting him in the discharge of those functions.

(8) In subsection (7), “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.

Textual Amendments

F6 Words in s. 6(2) substituted (7.1.2004 for certain purposes, otherwise 5.2.2004) by European Parliament (Representation) Act 2003 (c. 7), ss. 20(2), 28(3)(4); S.I. 2004/24, art. 2(a)(i); S.I. 2004/320, art. 2(a)(i)

F7 S. 6(5)(5A) substituted (7.1.2004 for certain purposes, otherwise 5.2.2004) for s. 6(5) by European Parliament (Representation) Act 2003 (c. 7), ss. 20(3), 28(3)(4); S.I. 2004/24, art. 2(a)(i); S.I. 2004/320, art. 2(a)(i)

F8 S. 6(7)(a)(b) substituted (7.1.2004 for certain purposes, otherwise 5.2.2004) for words by European Parliament (Representation) Act 2003 (c. 7), ss. 20(3), 28(3)(4); S.I. 2004/24, art. 2(a)(i); S.I. 2004/320, art. 2(a)(i)

Modifications etc. (not altering text)

C1 S. 6(2) excluded (E.W.) (23.3.2004) by The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 (S.I. 2004/294), regs. 1(1), 7(2)(a)

C2 S. 6(5A) excluded (5.11.2008) The Local Elections (Ordinary Day of Elections in 2009) Order 2008 (S.I. 2008/2857), arts. 1(1), 7(3)(a)

C3 S. 6(5A)(a) excluded (E.W.) (23.3.2004) by The Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 (S.I. 2004/294), regs. 1(1), 7(5)(a)

7 Regulation-making powers: general U.K.

(1) The Secretary of State may, subject to the provisions of this Act, by regulations make provision as to—

(a) the conduct of elections to the European Parliament, and

(b) the questioning of such an election and the consequences of irregularities.

(2) Regulations under this Act may make provision (including the creation of criminal offences)—

(a) about the limitation of election expenses of 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 (whether by being nominated as a candidate or by being included in a party’s list of candidates).

(3) Regulations under this Act may apply, with such modifications or exceptions as may be specified in the regulations—

(a) any provision of the Representation of the People Acts or of any other enactment relating to parliamentary elections or local government elections, and

(b) any provision made under any enactment.

(4) Regulations under this Act may 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 elections to the European Parliament.

[F9 (4A) Without prejudice to the generality of the power under which they are made, regulations under this Act may make different provision for different electoral regions and, in particular, for the part of the combined region which is in England and Wales and for Gibraltar.]

(5) Section 26 of the Welsh Language Act 1993 (c. 38) (power to prescribe Welsh version) applies in relation to regulations under this Act as it applies in relation to Acts of Parliament.

Textual Amendments

F9 S. 7(4A) inserted (7.1.2004 for certain purposes, otherwise 23.3.2004) by European Parliament (Representation) Act 2003 (c. 7), ss. 22, 28(3)(4); S.I. 2004/24 {art. 2(a)(i)}; S.I. 2004/1035, art. 2

Entitlement to vote U.K.

8 Persons entitled to vote U.K.

(1) A person is entitled to vote as an elector at an election to the European Parliament in an electoral region if he is within any of subsections (2) to (5).

(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 of the Representation of the People Act 1985 (c. 50) (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 the European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001 (S.I. 2001/1184) (citizens of the European Union other than Commonwealth and Republic of Ireland citizens).

(6) Subsection (1) has effect subject to any provision of regulations made under this Act 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).

9 Double voting U.K.

(1) A person is guilty of an offence if, on any occasion when elections to the European Parliament are held in all the member states under Article 9 of the Act annexed to Council Decision 76/787, he votes as an elector more than once in those elections, whether in the United Kingdom or elsewhere.

(2) Subsection (1) is without prejudice to any enactment relating to voting offences, as applied by regulations under this Act to elections of MEPs held in the United Kingdom [F10 and Gibraltar] .

(3) The provisions of the Representation of the People Act 1983 (c. 2), as applied by regulations under this Act, have effect in relation to an offence under this section as they have effect in relation to an offence under section 61(2) of that Act (double voting).

(4) In particular, the following provisions of that Act apply—

(a) section 61(7) (which makes an offence under section 61(2) an illegal practice but allows any incapacity resulting from conviction to be mitigated by the convicting court), and

(b) section 178 (prosecutions for offences committed outside the United Kingdom).

Textual Amendments

F10 Words in s. 9(2) inserted (5.2.2004) by The European Parliamentary Elections (Combined Region and Campaign Expenditure) (United Kingdom and Gibraltar) Order 2004 (S.I. 2004/366), arts. 1(2), 3(4)

Entitlement to be MEP U.K.

10 Disqualification U.K.

(1) A person is disqualified for the office of MEP if—

(a) he is disqualified for membership of the House of Commons, or

(b) he is a Lord of Appeal in Ordinary.

(2) But a person is not disqualified for the office of MEP under subsection (1)(a) merely because—

(a) he is a peer,

(b) he is a Lord Spiritual,

(c) he holds an office mentioned in section 4 of the House of Commons Disqualification Act 1975 (c.24) (stewardship of Chiltern Hundreds etc.), or

(d) he holds any of the offices described in Part 2 or 3 of Schedule 1 to that Act which are designated by order by the Secretary of State for the purposes of this section.

(3) A citizen of the European Union who is resident in the United Kingdom [F11 or Gibraltar] is not disqualified for the office of MEP under subsection (1)(a) merely because he is disqualified for membership of the House of Commons under section 3 of the Act of Settlement (12&13 Will 3 c.2.) (disqualification of persons, other than Commonwealth and Republic of Ireland citizens, who are born outside Great Britain and Ireland and the dominions).

(4) A person is disqualified for the office of MEP for a particular electoral region if, under section 1(2) of the House of Commons Disqualification Act 1975 (c. 24), he is disqualified for membership of the House of Commons for any parliamentary constituency wholly or partly comprised in that region.

[F12 (4A) The Secretary of State may by order provide for persons of a description connected to Gibraltar (including any description of persons who are disqualified for membership of the Gibraltar House of Assembly) to be disqualified from the office of MEP.

(4B) The Secretary of State must consult the Electoral Commission before making an order under subsection (4A).]

(5) A person who—

(a) is a citizen of the European Union, and

(b) is not a Commonwealth citizen or a citizen of the Republic of Ireland,

is disqualified for the office of MEP 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 (and in this subsection “criminal law or civil law decision” has the same meaning as in Council Directive 93/109/EC).

(6) If a person who is returned as an MEP for an electoral region under section 2, 3 or 5—

(a) is disqualified under this section for the office of MEP, or

(b) is disqualified under this section for the office of MEP for that region,

his return is void and his seat vacant.

(7) If an MEP becomes disqualified under this section for the office of MEP or for the office of MEP for the electoral region for which he was returned, his seat is to be vacated.

(8) Subsection (1) is without prejudice to Article 6(1) of the Act annexed to Council Decision 76/787 (incompatibility of office of MEP with certain offices in or connected with Community institutions).

Textual Amendments

F11 Words in s. 10(3) inserted (7.1.2004 for certain purposes, otherwise 5.2.2004) by European Parliament (Representation) Act 2003 (c. 7), ss. 21(1)(a), 28(3)(4); S.I. 2004/24, art. 2(a)(i); S.I. 2004/320, art. 2(a)(i)

F12 S. 10(4A)(4B) inserted (7.1.2004 for certain purposes, otherwise 5.2.2004) by European Parliament (Representation) Act 2003 (c. 7), ss. 21(1)(b), 28(3)(4); S.I. 2004/24, art. 2(a)(i); S.I. 2004/320, art. 2(a)(i)

11 Judicial determination of disqualification U.K.

(1) Any person may apply to the appropriate court for a declaration or (in Scotland) declarator that a person who purports to be an MEP for a particular electoral region—

(a) is disqualified under section 10 (whether generally or for that region), or

(b) was so disqualified at the time when, or at some time since, he was returned as an MEP under section 2, 3 or 5.

(2) For the purposes of subsection (1), the appropriate court is—

(a) the High Court, if the electoral region concerned is [F13 an electoral region in England and Wales or the combined region] ,

(b) the Court of Session, if the electoral region concerned is Scotland, or

(c) the High Court of Justice in Northern Ireland, if the electoral region concerned is Northern Ireland.

(3) The decision of the court on an application under this section is final.

(4) On an application under this section—

(a) the person in respect of whom the application is made is to be the respondent or (in Scotland) the defender, and

(b) the applicant must give such security for the costs or expenses of the proceedings, not exceeding £5000, as the court may direct.

(5) The Secretary of State may by order

[F14 (a)] substitute another figure for the figure in subsection (4)(b).

[F15 ; and

(b) prescribe a different figure for applications where the electoral region concerned is the combined region.]

(6) No declaration or declarator is to be made under this section 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.

(7) Any declaration or declarator made by the court on an application under this section must be certified in writing to the Secretary of State immediately by the court.

Textual Amendments

F13 Words in s. 11(2) substituted (5.2.2004) by The European Parliamentary Elections (Combined Region and Campaign Expenditure) (United Kingdom and Gibraltar) Order 2004 (S.I. 2004/366), arts. 1(2), 3(5)

F14 S. 11(5): "(a)" inserted (7.1.2004 for certain purposes, otherwise 5.2.2004) by European Parliament (Representation) Act 2003 (c. 7), ss. 21(2), 28(3)(4); S.I. 2004/24, art. 2(a)(i); S.I. 2004/320, art. 2(a)(i)

F15 S. 11(5)(b) and word inserted (7.1.2004 for certain purposes, otherwise 5.2.2004) by European Parliament (Representation) Act 2003 (c. 7), ss. 21(2), 28(3)(4); S.I. 2004/24, art. 2(a)(i); S.I. 2004/320, art. 2(a)(i)

European Parliament U.K.

12 Ratification of treaties U.K.

(1) No treaty which provides for any increase in the powers of the European Parliament is to be ratified by the United Kingdom unless it has been approved by an Act of Parliament.

(2) In this section “treaty” includes—

(a) any international agreement, and

(b) any protocol or annex to a treaty or international agreement.

Supplementary U.K.

13 Regulations and orders U.K.

(1) Regulations and orders made under this Act must be made by statutory instrument.

(2) No regulations may be made under this Act unless a draft of the regulations has been laid before Parliament and approved by a resolution of each House of Parliament.

(3) A statutory instrument containing an order under—

(a) section 10(2)(d) or 11(5), F16 . . .

(b) F16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

is subject to annulment in pursuance of a resolution of either House of Parliament.

[F17 (3A) An order under section 10(4A) may not be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(3B) Subsection (3A) does not apply if it appears to the [F18 Secretary of State] that by reason of urgency the order should be made without being approved in draft.

(3C) Where an order is made without being approved in draft, by virtue of subsection (3A)—

(a) it must be laid before Parliament after being made; and

(b) if it is not approved by a resolution of each House of Parliament within the period of 40 days after the date on which it is made, the order shall cease to have effect at the end of that period.]

(4) A statutory instrument containing an order under section 4 or 5(3) is to be laid before Parliament after being made.

Textual Amendments

F16 S. 13(3)(b) and the preceding word "or" inserted (8.5.2003) by European Parliament (Representation) Act 2003 (c. 7), ss. 8(2), 28(3)

F17 S. 13(3A)-(3C) inserted (7.1.2004 for certain purposes, otherwise 5.2.2004) by European Parliament (Representation) Act 2003 (c. 7), ss. 21(3), 28(3)(4); S.I. 2004/24, art. 2(a)(i); S.I. 2004/320, art. 2(a)(i)

F18 Words "in the inserted section 13(3B)" substituted (19.8.2003) by virtue of The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), arts. 1(2), 9, Sch. 2 para. 15(1)(b)

14 Transitional provisions U.K.

Schedule 2 (transitional provisions) has effect.

15 Consequential amendments U.K.

Schedule 3 (consequential amendments) has effect.

16 Repeals and revocation U.K.

The enactments and instrument specified in Schedule 4 are repealed or revoked to the extent specified.

General U.K.

16A Functions of the Lord Chancellor U.K.

F19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19 S. 16A repealed (19.8.2003) by The Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), arts. 1(2), 9, Sch. 2 para. 14

17 Interpretation U.K.

In this Act—

• “enactment” includes an enactment contained in—

  (a)

  an Act of the Parliament of Northern Ireland,

  (b)

  an Order in Council made under the Northern Ireland (Temporary Provisions) Act 1972 (c. 22), or

  (c)

  a Measure of the Northern Ireland Assembly;

• “the Act annexed to Council Decision 76/787” is the Act concerning the election of MEPs annexed to Council Decision 76/787/ECSC, EEC, Euratom of 20th September 1976;

• “citizen of the European Union” is to be determined in accordance with Article 17.1 of the Treaty establishing the European Community.

• [F20 “combined region” means the electoral region which includes Gibraltar.]

Textual Amendments

F20 Words in s. 17 inserted (7.1.2004 for certain purposes, otherwise 5.2.2004) for words by European Parliament (Representation) Act 2003 (c. 7), ss. 20(5), 28(3)(4); S.I. 2004/24, art. 2(a)(i); S.I. 2004/320, art. 2(a)(i)

18 Short title and commencement U.K.

(1) This Act may be cited as the European Parliamentary Elections Act 2002.

(2) This Act comes into force at the end of the period of 3 months beginning with the day on which it is passed.