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European Parliamentary Elections Act 2002 is up to date with all changes known to be in force on or before 11 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Section 1.
1The electoral regions for England are those listed in the Table below.
2(1)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)But where an area specified in column (2) of the Table is altered, the alteration does 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.
3The number of MEPs to be elected for each electoral region in England is the number specified in column (3) of the Table.
4(1)Each registration officer is to 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 him.
(2)As soon as possible after 1st May in each pre-election year the Secretary of State must—
(a)consider, in relation to each electoral region in England, the number of persons whose names appear on that date in (or in part of) any relevant register which relates to the region,
(b)consider whether the ratio of such persons to MEPs is as nearly as possible the same for every such region, and
(c)make by order such amendments of column (3) of the Table as he considers necessary to ensure that result.
(3)For the purposes of sub-paragraphs (1) and (2) there is to be disregarded any person who—
(a)is registered only for the purposes of local government elections, and
(b)is a citizen of the European Union but not a Commonwealth citizen or a citizen of the Republic of Ireland.
(4)An order under sub-paragraph (2) must not alter the total number of MEPs to be elected for the electoral regions in England.
(5)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) of the Act annexed to Council Decision 76/787.
(6)For the purposes of this paragraph the relevant registers are—
(a)a register of parliamentary electors;
(b)a register of local government electors;
(c)a register of peers maintained under section 3 of the Representation of the People Act 1985 (c. 50) (peers resident outside the United Kingdom);
(d)a register maintained under regulation 5 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).
TABLE
(1) | (2) | (3) |
---|---|---|
Name of Region | Area Included | Number of MEPs |
East Midlands | County of Derby County of Derbyshire County of Leicester County of Leicestershire County of Lincolnshire County of Northamptonshire County of Nottingham County of Nottinghamshire 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 | 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 and 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 |
Valid from 08/05/2003
Textual Amendments
1U.K.
1(1)As soon as possible after 1st May in a pre-election year the Electoral Commission (“the Commission”) must, subject to paragraph 2—U.K.
(a)carry out a review (“the periodic review”) of the distribution of MEPs between the electoral regions; and
(b)report its conclusions to the Secretary of State.
(2)In carrying out the periodic review the Commission must consider whether (assuming that each region is entitled to be allocated at least three MEPs) the ratio of electors to MEPs is as nearly as possible the same for every electoral region.
(3)If the Commission concludes that the result mentioned in sub-paragraph (2) is not achieved by the current distribution of MEPs, it must include in its report a recommendation specifying a distribution that would achieve that result.
(4)The report must be published by the Commission and laid before Parliament by the Secretary of State.
2U.K.
2(1)The Commission may not take any step (or further step) under paragraph 1 if a 2003 Act order is made or a suspension notice is given to the Commission—U.K.
(a)within the period of 12 months ending with 1st May in the pre-election year in question or,
(b)after the end of that period but before the Commission makes its report,
unless and until the duties under paragraph 1 revive by virtue of sub-paragraph (2).
(2)If the Secretary of State withdraws a suspension notice more than nine months before the date of the poll for the next general election of MEPs, the duties under paragraph 1 revive (but subject again to this paragraph).
(3)In this Schedule—
“2003 Act order” means an order under section 5 of the European Parliament (Representation) Act 2003 (orders implementing changes in the number of United Kingdom MEPs) which takes effect in relation to the next general election of MEPs after it is made; and
“suspension notice” means a notice stating that the Secretary of State considers it likely that a 2003 Act order will be made before the next general election of MEPs.
3U.K.
3(1)Where a recommendation under paragraph 1(3) is made to him, the Secretary of State must—U.K.
(a)lay before Parliament a draft of an order giving effect to the recommendation by amending any of the numbers specified in section 1(3); and
(b)if the draft is approved by resolution of each House, make an order in the terms of the draft.
(2)An order under this paragraph may make consequential, transitional or saving provision.
(3)Provision made under sub-paragraph (2) may modify any enactment.
(4)The Secretary of State must consult the Commission before laying an order under this paragraph before Parliament.
(5)This paragraph has effect subject to paragraphs 4 and 5.
4U.K.
4(1)If a motion for the approval of a draft of an order under paragraph 3 is rejected by either House or withdrawn by leave of the House, the Secretary of State may, after consulting the Commission, alter the draft order and lay it before Parliament for approval.U.K.
(2)But the Secretary of State may not, without the consent of the Commission, alter a draft order so as to propose a distribution of MEPs other than that recommended under paragraph 1(3).
(3)The Commission may not give its consent under sub-paragraph (2) unless it is satisfied that the distribution of MEPs could have been recommended under paragraph 1(3).
(4)If an altered draft order is approved by both Houses the Secretary of State must make an order under paragraph 3 in the terms of the altered draft.
(5)This paragraph has effect subject to paragraph 5.
5U.K.
5(1)The Secretary of State may not take any step (or further step) under paragraph 3 or 4 if a 2003 Act order is made before he would otherwise have taken it.U.K.
(2)Subject to that, the Secretary of State is not required to take any step (or further step) under paragraph 3 or 4 if and so long as he is of the opinion that it is likely that a 2003 Act order will be made before the next general election of MEPs.
(3)But if he ceases to be of that opinion, the Secretary of State—
(a)may not make an order under paragraph 3 on or after the relevant day; and
(b)is not required to take any other step under paragraph 3 or 4 if he does not consider that it will be practicable to make an order under paragraph 3 before the relevant day.
(4)In sub-paragraph (3) “the relevant day” means the first day of the period of four months ending with the day on which the poll for the next general election of MEPs is to be held.
6
6(1)In this Schedule—
“general election of MEPs” means an election required to be held in the United Kingdom by virtue of Article 10(2) of the Act annexed to Council Decision 76/787;
“pre-election year” means a year (including 2003) which immediately precedes a year in which a general election of MEPs is to be held; and
“relevant register” means—
a register of parliamentary electors;
a register of local government electors;
a register of peers maintained under section 3 of the Representation of the People Act 1985 (c. 50) (peers resident outside the United Kingdom); and
a register maintained under regulation 5 of the European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001 (SI 2001/1184) (citizens of the European Union other than Commonwealth and Republic of Ireland citizens).
(2)For the purposes of paragraph 1(2) a person is an “elector”, in relation to an electoral region, if his name appears on 1st May in the pre-election year concerned in (or in any part of) a relevant register which relates to the region.
(3)In calculating the total number of electors for any electoral region—
(a)persons who are registered but have not attained the age of 18 are to be counted as electors;
(b)a citizen of the European Union (not being a Commonwealth citizen or a citizen of the Republic of Ireland) who is registered only for the purposes of local government elections is to be disregarded; and
(c)the Electoral Commission may assume that each relevant register is accurate and that names appearing more than once on registers (or parts of registers) which relate to an electoral region are the names of different electors.
Section 14.
1U.K.The repeal and re-enactment of provisions in this Act does not affect the continuity of the law.
2U.K.Anything done, or having effect as if done, under or for the purposes of a provision repealed by this Act (including subordinate legislation so made or having effect as if so made), and in force or effective immediately before the commencement of this Act, has effect after that commencement as if done under or for the purposes of the corresponding provision of this Act.
3U.K.A reference, express or implied, in this Act, another enactment or an instrument or document, to a provision of this Act is, subject to its context, to be read as being or including a reference to the corresponding provision repealed by this Act, in relation to times, circumstances or purposes in relation to which the repealed provision had effect.
4(1)A reference, express or implied, in any enactment, instrument or document, to a provision repealed by this Act is, subject to its context, to be read as being or including a reference to the corresponding provision of this Act, in relation to times, circumstances or purposes in relation to which that provision has effect.U.K.
(2)In particular, where a power conferred by an Act is expressed to be exercisable in relation to enactments contained in Acts passed before or in the same Session as the Act conferring the power, the power is also exercisable in relation to provisions of this Act that reproduce such enactments.
5U.K.Paragraphs 1 to 4 have effect in place of section 17(2) of the Interpretation Act 1978 (c. 30) (but are without prejudice to any other provision of that Act).
Section 15.
1In section 1(2) of the European Communities Act 1972 (interpretation) in the definition of “the Treaties”, and “the Community Treaties”, after paragraph (k) there is to continue to be inserted— “and
(l)the decision, of 1st February 1993, of the Council amending the Act concerning the election of the representatives of the European Parliament by direct universal suffrage annexed to Council Decision 76/787/ECSC, EEC, Euratom of 20th September 1976.”
2In Part 3 of Schedule 1 to the Juries Act 1974 (persons excused from jury service in England and Wales) (as amended by section 3(1) of the European Communities (Amendment) Act 1986 (c. 58)), for “Representatives to the European Parliament” and the preceding heading substitute—
Members of the European Parliament.”
3In Schedule 2 to the Juries (Northern Ireland) Order 1974 (exemptions from jury service in Northern Ireland) (as amended by section 3(1) of the European Communities (Amendment) Act 1986), for “Representatives to the European Parliament” and the preceding heading substitute—
Members of the European Parliament.”
4In the European Parliament (Pay and Pensions) Act 1979, in—
(a)section 3(1) (resettlement grants),
(b)section 7(2) (expenses: Northern Ireland), and
(c)section 8(1) (interpretation),
for “constituency” and “a constituency”, in each place, there is to continue to be substituted “ electoral region ” and “ an electoral region ”.
5In paragraph 30 of Schedule 10 to the Broadcasting Act 1996 (minor and consequential amendments), for “paragraph 2 of Schedule 1 to the European Parliamentary Elections Act 1978” substitute “ section 7 of the European Parliamentary Elections Act 2002 ”.
6In section 11(3)(a) of the Government of Wales Act 1998 (power to make provision about elections etc.), for “the European Parliamentary Elections Act 1978” substitute “ the European Parliamentary Elections Act 2002 ”.
7(1)The Scotland Act 1998 is amended as follows.
(2)In section 12(4)(a) (power to make provision about elections), for “the European Parliamentary Elections Act 1978” substitute “ the European Parliamentary Elections Act 2002 ”.
(3)In Section B3 of Part 2 of Schedule 5 (reserved matters), for paragraph (a) substitute—
“(a)the European Parliamentary Elections Act 2002.”
8(1)The Political Parties, Elections and Referendums Act 2000 is amended as follows.
(2)In section 7(2)—
(a)in paragraph (a) (consultation of Electoral Commission), for the words from “paragraph” to “elections)” substitute “ the European Parliamentary Elections Act 2002 ”, and
(b)in paragraph (b) (designation of returning officers), for “paragraph 4(1)(a) or (b) of that Schedule” substitute “ section 6(2)(b) or (3)(b) of that Act ”.
(3)In section 8(3)(c) (functions of Secretary of State exercisable only on recommendation of Electoral Commission), for the words from “paragraph” to “1978” substitute “ section 7(2)(a) of the European Parliamentary Elections Act 2002 ”.
Section 16.
Enactment | Extent of repeal or revocation |
---|---|
European Parliamentary Elections Act 1978 (c. 10) | The whole Act. |
Representation of the People Act 1983 ( c. 2) | In Schedule 8, paragraphs 21 to 23. |
Welsh Language Act 1993 (c. 38) | Section 35(3). |
European Parliamentary Elections Act 1993 (c. 41) | Section 3. |
European Parliamentary Elections (Changes to the Franchise and Qualification of Representatives) Regulations 1994 (S.I.1994/ 342) | Regulation 3. |
European Parliamentary Elections Act 1999 ( c. 1) | The whole Act. |
Representation of the People Act 2000 ( c. 2) | In Schedule 6, paragraph 2. |
Political Parties, Elections and Referendums Act 2000 (c. 41) | Section 142. In Schedule 21, paragraph 5. |
House of Commons (Removal of Clergy Disqualification) Act 2001 (c. 13 ) | In Schedule 1, paragraph 2. |
The European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001 (S.I.2001/1184) | Regulation 11(a). |
1This Table shows the origin of the provisions of the Act.
2U.K.The following abbreviations are used in the Table:—
Acts of Parliament
1978 = European Parliamentary Elections Act 1978 (c. 10) (formerly known as the European Assembly Elections Act 1978 (c. 10))
1999 = European Parliamentary Elections Act 1999 (c. 1)
Subordinate Legislation
1994/342 = European Parliamentary Elections (Changes to the Franchise and Qualification of Representatives) Regulations 1994 (S.I.1994/342)
Prospective
3U.K.The Table does not separately acknowledge the provisions of section 3 of the European Communities (Amendment) Act 1986 (c. 58) by virtue of which references to the European Parliament were substituted for references to the Assembly of the European Communities.
Prospective
4U.K.Where the Act incorporates the effect of subordinate legislation, the Table gives the relevant provision of the subordinate instrument but does not refer to the statutory provision under which the instrument was made.
Provision | Origin |
---|---|
1(1) | 1978 s. 1, 2(2), (3); 1999 s. 1. |
(2) | 1978 s. 2(4); 1999 s. 1. |
(3) | 1978 s. 2(5); 1999 s. 1. |
2(1) | 1978 s. 3(1); 1999 s. 1. |
(2) | 1978 Sch. 1 para. 2(3B); 1999 s. 1, Sch. 2 para. 6. |
(3) | 1978 s. 3(1); 1999 s. 1. |
(4) to (9) | 1978 s. 3(2) to (7); 1999 s. 1. |
(10) | 1978 s. 3(8)(a); Registration of Political Parties Act 1998 (c. 48) Sch. 3 para. 1; 1999 s. 1; Political Parties, Elections and Referendums Act 2000 (c. 41) Sch. 21 para. 5(2). |
3 | 1978 s. 3A; 1999 s. 1. |
4 | 1978 s. 3D(1); 1999 s. 1. |
5 | 1978 Sch. 1 para. 3(1) to (3); 1999 Sch. 2 para. 8. |
6(1) to (4) | 1978 Sch. 1 para. 4(1); 1999 Sch. 2 para. 9. |
(5) | 1978 Sch. 1 para. 4(2); 1999 Sch. 2 para. 9. |
(6) | 1978 s. 7(1)(a) and (aa); 1999 s. 4. |
(7) and (8) | 1978 Sch. 1 para. 4(3) and (4); 1999 Sch. 2 para. 9. |
7(1) | 1978 Sch. 1 para. 2(3); 1999 Sch. 2 para. 5. |
(2) | 1978 Sch. 1 para. 2(3A); 1999 Sch. 2 para. 6; Political Parties, Elections and Referendums Act 2000 (c. 41) Sch. 21 para. 5(3). |
(3) | 1978 Sch. 1 para. 2(4)(a). |
(4) | 1978 Sch. 1 para. 2(4)(b). |
(5) | 1978 Sch. 1 para. 2(5); Welsh Language Act 1993 (c. 38) s. 35(3). |
8 | 1978 s. 3C; 1999 s. 1; European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001 (S.I. 2001/1184), reg. 11(a). |
9(1) | 1978 ss. 4(1) and 8(2)(a). |
(2) | 1978 s. 4(1); 1999 Sch. 3 para. 1. |
(3) | 1978 s. 4(2); Representation of the People Act 1983 (c. 2) Sch. 8 para. 21(a) and (b). |
(4) | 1978 s. 4(2); Representation of the People Act 1983 (c. 2) Sch. 8 para. 21(c) and (d). |
10(1) | 1978 Sch. 1 para. 5(1); 1999 Sch. 2 para. 10(a). |
(2) | 1978 Sch. 1 para. 5(3)(a) to (d); 1999 Sch. 2 para. 10(a); House of Commons (Removal of Clergy Disqualification) Act 2001 (c. 13), Sch. 1 para. 2. |
(3) | 1978 Sch. 1 para. 5(3)(e); S.I. 1994/342 reg. 3(2); 1999 Sch. 2 para. 10(a). |
(4) | 1978 Sch. 1 para. 5(2); 1999 Sch. 2 para. 10(a), (b). |
(5) | 1978 Sch. 1 para. 5(2A) and (2B); S.I. 1994/342 reg. 3(1); 1999 Sch. 2 para. 10(a). |
(6) | 1978 Sch. 1 para. 5(4) and (4A); 1999 Sch. 2 para. 10(c); Political Parties, Elections and Referendums Act 2000 (c. 41) s. 142(2). |
(7) | 1978 Sch. 1 para. 5(5); 1999 Sch. 2 para. 10(a), (b) and (d). |
(8) | 1978 Sch. 1 para. 5(1) and s. 8(2)(a). |
11(1) | 1978 Sch. 1 para. 6(1) and (5) (“disqualified”); 1999 Sch. 2 para. 11(2) and (4); Political Parties, Elections and Referendums Act 2000 (c. 41)s. 142(3). |
(2) | 1978 Sch. 1 para. 6(5) (court); 1999 Sch. 2 para. 11(4). |
(3) | 1978 Sch. 1 para. 6(1A); 1999 Sch. 2 para. 11(2). |
(4) | 1978 Sch. 1 para. 6(2); 1999 Sch. 2 para. 11(3). |
(5) | 1978 Sch. 1 para. 6(6); 1999 Sch. 2 para. 11(5). |
(6) | 1978 Sch. 1 para. 6(3). |
(7) | 1978 Sch. 1 para. 6(4). |
12 | 1978 s. 6. |
13(1) | 1978 s. 9(2). |
(2) | 1978 Sch. 1 para. 2(6). |
(3)(a) | 1978 Sch. 1 paras. 5(6), 6(7); 1999 Sch. 2 para. 11(5). |
(3)(b) | 1978 Sch. 2 para. 4(7); 1999 Sch. 1. |
(4) | 1978 s. 3D(2) and Sch. 1 para. 3(4); 1999 s. 1 and Sch. 2 para. 8. |
14 | |
15 | |
16 | |
17 | “enactment”: 1978 s. 8(2)(b) |
“Act annexed to Council Decision 76/787”: 1978 s. 8(2)(a) | |
“citizen of the European Union”: 1978 Sch. 1 para. 5(2A) and (3)(e); 1994/342 reg. 3. | |
18 | |
Sch. 1 | |
paras. 1 to 3 | 1978 Sch. 2 paras. 1 to 3; 1999 Sch. 1. |
para. 4(1) | 1978 Sch. 2 para. 4(5A); 1999 Sch. 1; Representation of the People Act 2000 (c. 2) Sch. 6 para. 2(4). |
(2) | 1978 Sch. 2 para. 4(1), (3) and (4); 1999 Sch. 1; Representation of the People Act 2000 (c. 2) Sch. 6 para. 2(2) and (3). |
(3) | 1978 Sch. 2 para. 4(4)(a) and (b), (5A); Representation of the People Act 1983 (c. 2)s. 202(1) and Local Government Elections (Changes to the Franchise and Qualification of Members) Regulations 1995 (S.I. 1995/1948) reg. 4(2); 1999 Sch. 1; Representation of the People Act 2000 (c. 2) Sch. 6 para. 2(4). |
(4) | 1978 Sch. 2 para. 4(2); 1999 Sch.1. |
(5) | 1978 Sch. 2 para. 4(6), s. 8(2)(a); 1999 Sch. 1. |
(6) | 1978 Sch. 2 para. 4(5); 1999 Sch. 1. Paragraph 9 of 1994/342 was repealed and replaced by the European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001 (S.I. 2001/1184). The cross-reference is therefore to the relevant provision of those regulations. |
Table | 1978 Sch. 2 Table; 1999 Sch. 1. |
Sch. 2 | |
Sch. 3 | |
para. 1 | European Parliamentary Elections Act 1993 (c. 41) s. 3(2). |
paras. 2 and 3 | 1978 s. 5(1). |
para. 4 | 1999 Sch. 3 para. 2. |
paras. 5 to 8 | |
Sch. 4 |
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