The European Parliamentary Elections Regulations 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations, which replace the Regulations revoked by Schedule 5, apply in Great Britain. They provide for the conduct of European Parliamentary elections under the regional list system of election. That system was introduced by amendments made to the European Parliamentary Elections Act 1978 by the European Parliamentary Elections Act 1999.

The basic structure of the Regulations is to apply with modifications the provisions of the Representation of the People Acts 1983 and 1985 which are listed in the left-hand column of Schedule 1 to these Regulations and the provisions of the Representation of the People Regulations 1986 and the Representation of the People (Scotland) Regulations 1986 which are listed in the left-hand column of Schedule 2 to these Regulations. The provisions are subject to the general modifications made by regulation 3 and the specific modifications in the right-hand columns of Schedules 1 and 2 to these Regulations. The general modifications convert references to parliamentary elections into references to European Parliamentary elections (regulation 3(4)(b)), references to constituencies into references to electoral regions (regulation 3(4)(c)) and make other similar changes.

Regulation 4 (together with regulation 3(4)(f)) confers functions in relation to the conduct of European Parliamentary elections on the local returning officer, as defined by regulation 2. That officer is the acting returning officer (or, in Scotland, the returning officer) for each parliamentary constituency wholly or partly contained in an electoral region. Regulation 6(1) confers powers on returning officers and local returning officers to delegate their functions.

As applied by Schedule 1 to these Regulations, sections 67 to 70 of the Representation of the People Act 1983 (which concern election agents) apply only in respect of individual candidates. Equivalent provision in respect of registered parties is made by regulations 11 to 14. Regulation 10 requires the appointment of a national election agent for a political party which is registered under the Registration of Political Parties Act 1998 and stands for election in more than one electoral region at a general election of MEPs.

As respects such a party, paragraphs (1) and (2) of regulation 15 make provision about the limits on election expenses which is equivalent to that in section 76(1) and (2) of the Representation of the People Act 1983. That provision, as applied, relates only to individual candidates. Paragraphs (1) and (2) of regulation 15 provide for the calculation of the limit of a registered party’s election expenditure by reference to the number of electoral regions in which it stands for election. Paragraphs (3) and (4) of regulation 15 provide for that limit where a registered party stands in one electoral region only.

In the modifications to the 1983 Act, the sum mentioned in section 75(1)(i) is increased from £5 to £5,000 for each electoral region. This change is intended to bring the law into line with a decision of the European Court of Human Rights.

As applied by Schedule 1 to these Regulations, the grounds on which an election petition may be brought are restricted (section 120, as applied). Section 169 has been modified so that a prosecution in respect of the illegal practice of exceeding the limit on election expenses may be brought on indictment (and, as such, subject to an unlimited fine).

Regulations 16 and 17 provide for the filling of a vacancy from the list of candidates of a registered party returned at a general election of MEPs. Regulations 18 and 19 concern the holding of by-elections when vacancies cannot be filled from such lists.

Schedule 3 amends the elections rules in Schedule 1 to the Representation of the People Act 1983, as applied by Schedule 1 to these Regulations, where the poll at a European Parliamentary election is taken together with the poll at a parliamentary election or local government election under section 15 of the Representation of the People Act 1985. Schedule 4 concerns proxy papers.