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The European Parliamentary Elections (Northern Ireland) Regulations 2004

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  1. Introductory Text

  2. PART 1 General

    1. 1.Citation, commencement and extent

    2. 2.Interpretation

    3. 2A.Forms

    4. 3.Conduct of poll and count in the electoral region

    5. 4.Deputies and assistance

    6. 5.Polling districts and places

    7. 6.Rules for European Parliamentary elections

    8. 7.Manner of voting

    9. 8.Absent vote at elections for an indefinite period

    10. 9.Absent vote at a particular election and absent voters list

    11. 10.Proxies at elections

    12. 11.Voting as proxy

    13. 12.Offences as to declarations

    14. 12A.Offences relating to applications for postal and proxy votes

    15. 13.Absent voting

    16. 14.Modification of the Regulations for 2004 elections

    17. 15.Returning officers

    18. 16.Payments by and to returning officers

    19. 17.Taxation of returning officer’s account

    20. 18.Effect of registers

    21. 19.Effect of misdescription

    22. 20.Discharge of registration duties

    23. 21.Payment of expenses of registration

    24. 22.Registration appeals

    25. 23.Personation

    26. 24.Offences relating to specified documents

    27. 25.Other voting offences

    28. 26.Breach of official duty

    29. 27.Tampering with nomination papers, ballot papers, etc

    30. 28.False statement in nomination papers

    31. 29.Offences in connection with candidature

    32. 30.Requirement of secrecy

    33. 31.Prohibition on publication of exit polls

  3. PART 2 The Election Campaign

    1. 32.Interpretation of Part 2

    2. 33.Computation of time for purposes of Part 2

    3. 34.Appointment of election agent

    4. 35.Appointment of sub-agent

    5. 36.Office of election agent and sub-agent

    6. 37.Effect of default in election agent’s appointment

    7. 38.Control of donations to candidates

    8. 39.Payment of expenses through election agent

    9. 40.Candidate’s personal expenses, and petty expenses

    10. 41.Expenses incurred otherwise than for election purposes

    11. 42.Prohibition of expenses not authorised by election agent

    12. 43.Limitation of election expenses for candidates

    13. 44.Time for sending in and paying claims

    14. 45.Disputed claims

    15. 46.Election agent’s claim

    16. 47.Return as to election expenses

    17. 48.Declarations as to election expenses

    18. 49.Penalty for failure as respects return or declarations

    19. 50.Authorised excuses for failures as to return and declarations

    20. 51.Court’s power to require information from election agent or sub-agent

    21. 52.Duty of appropriate officer to forward returns and declarations to Electoral Commission

    22. 53.Publication of time and place for inspection of returns and declarations

    23. 54.Inspection of returns and declarations

    24. 55.Meaning of “election expenses”

    25. 56.Schedule 5A, which makes provision for election expenses, has effect....

    26. 57.Property, goods, services etc provided free of charge or at a discount

    27. 58.Candidate’s right to send election address post free

    28. 59.Broadcasting from outside United Kingdom

    29. 60.Broadcasting of local items during election period

    30. 61.Imitation poll cards

    31. 62.Disturbances at election meetings

    32. 63.Officials not to act for candidates

    33. 64.Illegal canvassing by police officers

    34. 65.False statements as to candidates

    35. 66.Corrupt withdrawal from candidature

    36. 67.Payments for exhibition of election notices

    37. 68.Details to appear on election publications

    38. 69.Prohibition of paid canvassers

    39. 70.Providing money for illegal purposes

    40. 71.Bribery

    41. 72.Treating

    42. 73.Undue influence

    43. 74.Rights of creditors

    44. 75.Savings as to European Parliamentary elections

  4. PART 3 Vacancies

    1. 76.Interpretation of Part 3

    2. 76A.Computation of time for purposes of Part 3

    3. 76B.Initial response to vacancy

    4. 76C. MEP stood for registered party: filling vacant seat

    5. 76D. MEP stood for two or more registered parties: filling vacant seat

    6. 76E.Party or parties no longer registered

    7. 76F.Independent MEP: notice of substitutes

    8. 76G.Independent MEP: filling vacant seat

    9. 76H.By-elections

    10. 76I.Relevant citizens of the Union

  5. PART 4 Legal Proceedings

    1. 77.Interpretation of Part 4

    2. 78.Computation of time for purposes of Part 4

    3. 79.Method of questioning European Parliamentary elections

    4. 80.Presentation and service of European Parliamentary election petitions

    5. 81.Time for presentation or amendment of European Parliamentary election petition

    6. 82.Constitution of election court and place of trial

    7. 83.Judges' expenses

    8. 84.Security for costs

    9. 85.Petition at issue

    10. 86.List of petitions

    11. 87.Trial of election issue

    12. 88.Witnesses

    13. 89.Duty to answer relevant questions

    14. 90.Expenses of witnesses

    15. 91.Conclusion of trial of European Parliamentary election petition

    16. 92.Special case for determination of the High Court

    17. 93.Withdrawal of petition

    18. 94.Costs of petition

    19. 95.Neglect or refusal to pay costs

    20. 96.Appeals and jurisdiction

    21. 97.Persons convicted of corrupt or illegal practices

    22. 98.Application for relief

    23. 99.Prosecutions for corrupt practices

    24. 100.Prosecutions for illegal practices

    25. 101.Conviction of illegal practice on charge of corrupt practice

    26. 102.Mitigation and remission etc

    27. 103.Illegal payments

    28. 104.Time limit for prosecution

    29. 105.Prosecution of offences committed outside the United Kingdom

    30. 106.Offences by associations

    31. 107.Evidence by certificate of holding of elections

    32. 108.Evidence by certificate of electoral registration

    33. 109.Director of Public Prosecutions

    34. 110.Costs

    35. 111.Service of notices

    36. 111A.Translations etc. of certain documents

  6. PART 5 Miscellaneous

    1. 112.Public notices and declarations

    2. 113.Remuneration for free postal services provided under the Regulations

    3. 114.Rateability of premises

    4. 115.Combination of polls

    5. 116.Revocation

  7. Signature

    1. SCHEDULE 1

      EUROPEAN PARLIAMENTARY ELECTIONS RULES

      1. PART 1 PROVISIONS AS TO TIME

        1. 1.Timetable

        2. 2.Computation of time

      2. PART 2 STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS

        1. 3.Notice of election

        2. 4.Nomination of candidates

        3. 5.Nomination papers: name of registered political party

        4. 6.Consent to nomination

        5. 7.Candidature by relevant citizen of the Union

        6. 8.Deposit

        7. 9.Place for delivery of nomination papers

        8. 10.Right to attend nomination

        9. 11.Decisions as to validity of nomination papers

        10. 12.Withdrawal of candidates

        11. 13.Publication of statement of candidates nominated

        12. 14.Correction of minor errors

        13. 15.Disqualification by Representation of the People Act 1981

        14. 16.Adjournment of nomination proceedings in case of riot

        15. 17.Method of election

      3. PART 3 CONTESTED ELECTIONS

        1. CHAPTER 1 General Provisions

          1. 18.Poll to be taken by ballot

          2. 19.The ballot papers

          3. 20.Corresponding number list

          4. 21.The official mark

          5. 22.Prohibition of disclosure of vote

          6. 23.Use of schools and public rooms

        2. CHAPTER 2 Action to be Taken Before the Poll

          1. 24.Notice of poll

          2. 25.Postal ballot papers

          3. 26.Provision of polling stations

          4. 27.Appointment of presiding officers and clerks

          5. 28.Appointment of verifying officers and clerks

          6. 29.Issue of official poll cards

          7. 30.Equipment of polling stations

          8. 31.Appointment of polling and counting agents

          9. 32.Notification of requirement of secrecy

          10. 33.Return of postal ballot papers

        3. CHAPTER 3 The Poll

          1. 34.Admission to polling station

          2. 35.Keeping of order in station

          3. 36.Sealing of ballot boxes

          4. 37.Questions to be put to voters

          5. 38.Challenge of voter

          6. 39.Voting procedure

          7. 40.Votes marked by presiding officer

          8. 41.Voting by persons with disabilities

          9. 42.Tendered ballot papers: circumstances where available

          10. 43.Tendered ballot papers: general provisions

          11. 44.Refusal to deliver ballot paper

          12. 45.Spoilt ballot papers

          13. 46.Alteration of registers

          14. 47.Adjournment of poll in case of riot

          15. 48.Procedure on close of poll

        4. CHAPTER 4 Counting of Votes

          1. 49.Attendance at verification of ballot paper accounts

          2. 50.Procedure at verification of ballot paper accounts

          3. 51.Attendance at counting of votes

          4. 52.Interpretation of rules 53 to 63

          5. 53.Preliminary proceedings and conduct of the count

          6. 54.Rejected ballot papers

          7. 55.First stage

          8. 56.The quota

          9. 57.Transfer of votes

          10. 58.Supplementary provisions on transfer

          11. 59.Exclusion of candidates

          12. 60.Filling of last vacancies

          13. 61.Recount

          14. 62.Order of election of candidates

          15. 63.Decisions of returning officer

      4. PART 4 FINAL PROCEEDINGS IN CONTESTED AND UNCONTESTED ELECTIONS

        1. 64.Declaration of result

        2. 65.Return or forfeiture of candidate’s deposit

      5. PART 5 DISPOSAL OF DOCUMENTS

        1. 66.Sealing up of ballot papers

        2. 67.Retention of documents by the Chief Electoral Officer for Northern Ireland

        3. 68.Orders for production of documents

        4. 69.Retention and public inspection of documents

      6. PART 6 DEATH OF CANDIDATE

        1. 70.Independent candidate

        2. 71.Deceased independent candidate’s votes are equal to or exceed the quota

        3. 72.Party candidate

        4. 73.Abandoned poll

      7. PART 7 ACCESS TO MARKED REGISTERS AND OTHER DOCUMENTS OPEN TO PUBLIC INSPECTION AFTER AN ELECTION

        1. 74.Interpretation and general

        2. 75.Supply of marked registers and lists after a European Parliamentary election

        3. 76.Inspection of documents open to public inspection

        4. 77.Conditions on the use, supply and disclosure of documents open to public inspection

        5. 78.Fees relating to the marked registers and lists

      8. PART 8 APPENDIX OF FORMS

    2. SCHEDULE 2

      ABSENT VOTERS

      1. PART 1 APPLICATIONS

        1. 1.Interpretation of Part 1

        2. 2.(1) An application under regulation 8, 9, 10 or 11...

        3. 3.Additional requirements for applications for the appointment of a proxy

        4. 4.Additional requirements for applications on grounds of blindness or other disability

        5. 5.Additional requirements for applications based on occupation, service, employment or attendance on a course

        6. 6.Additional requirements for applications in respect of a particular election

        7. 7.Additional requirements for applications by proxies to vote by post at a particular election

        8. 8.Closing date for applications

        9. 9.Grant or refusal of applications

        10. 10.Notice of appeal

        11. 11.Cancellation of proxy appointment

        12. 12.Inquiries by registration officer

        13. 13.Records and lists kept under regulations 8, 9 and 11

        14. 14.Marked register for polling stations

      2. PART 2 ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS

        1. 15.Interpretation of Part 2

        2. issue of postal ballot papers

          1. 16.Form of declaration of identity

          2. 17.Persons entitled to be present at proceedings on issue and receipt of postal ballot papers

          3. 18.Agents of candidates who may attend proceedings on issue or receipt of postal ballot papers

          4. 19.Notification of requirement of secrecy

          5. 20.Notice of issue of postal ballot papers

          6. 21.Procedure on issue of postal ballot paper

          7. 22.Refusal to issue postal ballot paper

          8. 23.Envelopes

          9. 24.Sealing up and security of completed corresponding number and other lists

          10. 25.Delivery of postal ballot papers

          11. 26.Spoilt postal ballot papers

        3. receipt of postal ballot papers

          1. 27.Notice of opening of postal ballot paper envelopes

          2. 28.Postal ballot boxes and receptacles

          3. 29.Receipt of covering envelope

          4. 30.Opening of postal voters' ballet box

          5. 31.Opening of covering envelopes

          6. 32.Procedure in relation to declarations of identity on receipt of covering envelope

          7. 33.Opening of ballot paper envelopes

          8. 34.Sealing of receptacles

          9. 35.Abandoned poll

          10. 36.Retention of documents

      3. PART 3 APPENDIX OF FORMS

    3. SCHEDULE 3

      MODIFICATIONS FOR RELEVANT CITIZENS OF THE ACCESSION STATES IN 2004

      1. 1.This Schedule applies in the circumstances set out in regulation...

      2. 2.In regulation 2, in the definition of “elector”, after the...

      3. 3.In regulation 18, insert after paragraph (3)—

      4. 4.In regulation 25(1), for the words “For the purposes of...

      5. 5.In paragraph 20 of Schedule 2, after sub-paragraph (2) insert—...

    4. SCHEDULE 4

      CONTROL OF DONATIONS TO CANDIDATES

      1. PART I Introductory

        1. 1.Operation and interpretation of Schedule

        2. 2.Donations: general rules

        3. 3.Sponsorship

        4. 4.Payments etc not to be regarded as donations

        5. 5.Value of donations

      2. PART II Controls on donations

        1. 6.Prohibition on accepting donations from impermissible donors

        2. 7.Acceptance or return of donations

        3. 8.Transfer of donations received by candidate to election agent

        4. 9.Evasion of restrictions on donations

      3. PART III Reporting of donations

        1. 10.Statement of relevant donations

        2. 11.Donations from permissible donor

        3. 12.Donations from impermissible donors

    5. SCHEDULE 5

      DECLARATION AS TO ELECTION EXPENSES

      1. FORM OF DECLARATION *[General election of MEPs on (insert date...

        1. FORM OF DECLARATION

          1. *[General election of MEPs on (insert date of poll)]

          2. *[European Parliamentary election in .................... electoral region on (insert date...

          3. [Name of candidate]

          4. I solemnly and sincerely declare as follows:—

          5. 1.I am the person named above as a candidate at...

          6. 2.I have examined the return of election expenses (about to...

          7. 3.To the best of my knowledge and belief, all expenses...

          8. 4.I understand that the law does not allow any election...

    6. SCHEDULE 5A

      Election expenses

      1. PART 1 LIST OF MATTERS

        1. 1.Advertising of any nature (whatever the medium used). Expenses in...

        2. 2.Unsolicited material addressed to electors (whether addressed to them by...

        3. 3.Transport (by any means) of persons to any place. Expenses...

        4. 4.Public meetings (of any kind). Expenses in respect of such...

        5. 5.The services of an election agent or any other person...

        6. 6.Accommodation and administrative costs.

      2. PART 2 GENERAL EXCLUSION

        1. 7.The payment of any deposit required by rule 8 of...

        2. 8.The publication of any matter, other than an advertisement, relating...

        3. 9.The provision of any facilities provided in pursuance of any...

        4. 10.The provision by an individual of his own services which...

        5. 11.(1) Accommodation which is the candidate’s sole or main residence....

        6. 12.(1) Transport by a means of transport which was acquired...

        7. 13.(1) Computing or printing equipment which was acquired by the...

    7. SCHEDULE 6

      COMBINED POLLS

      1. GENERAL

        1. 1.This Schedule applies in the circumstances set out in regulation...

        2. 2.In this Schedule, and in any provision modified by this...

      2. EUROPEAN PARLIAMENTARY ELECTIONS RULES

        1. 3.In rule 19(2) (ballot papers), after sub-paragraph (c) insert—

        2. 4.In rule 24 (notice of poll), after paragraph (2) insert—...

        3. 5.In rule 29 (issue of official poll cards), after paragraph...

        4. 6.In rule 30 (equipment of polling stations)—

        5. 7.In rule 34(1) (admission to polling station), after sub-paragraph (g)...

        6. 8.In rule 37 (questions to be put to voters), in...

        7. 9.In rule 39 (voting procedure), after paragraph (10) insert—

        8. 10.In rule 40 (votes marked by presiding officer) after paragraph...

        9. 11.In rule 41 (voting by persons with disabilities) after paragraph...

        10. 12.In rule 43 (tendered ballot papers: general provisions) after paragraph...

        11. 13.In rule 46 (alteration of registers) at the end of...

        12. 14.In rule 48 (procedure on close of poll)—

        13. 14A.In rule 49 (attendance at verification of ballot paper accounts),...

        14. 14B.In rule 50 (procedure at verification of ballot paper accounts)—...

        15. 15.At the end of rule 53 (preliminary proceedings and conduct...

        16. 16.In rule 72 (party candidate)— (a) after paragraph (2) insert—...

        17. 17.In rule 73 (abandoned poll) for paragraphs (2) to (6)...

        18. 17A.In the Appendix of Forms at the end of Schedule...

      3. ABSENT VOTING

        1. 18.After paragraph 15 of Schedule 2 (interpretation of Part 2)...

        2. 19.In paragraph 16 of Schedule 2 (form of declaration of...

        3. 20.In paragraph 21 of Schedule 2 (procedure on issue of...

        4. 21.In paragraph 23 of Schedule 2 (envelopes), at the end...

        5. 22.In the Appendix of Forms at the end of Schedule...

    8. SCHEDULE 7

      REVOCATIONS

  9. Explanatory Note

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