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The European Parliamentary Elections Regulations 2004

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The European Parliamentary Elections Regulations 2004 is up to date with all changes known to be in force on or before 16 November 2024. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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  1. Introductory Text

  2. PART 1 GENERAL

    1. 1.Citation, commencement and extent

    2. 2.Interpretation

    3. 3.General application in relation to local government elections in England and Wales

    4. 4.General application to Scotland

    5. 5.General application to Gibraltar

    6. 6.Conduct of poll and count in each local counting area

    7. 7.Deputies and assistance

    8. 8.Polling districts and places

    9. 9.Rules for European Parliamentary elections and general duty of returning officers and local returning officers

    10. 10.Absent voting

    11. 11.Combination of polls

    12. 12.Entitlement to registration and legal incapacity to vote in Gibraltar

    13. 13.Modification of the 2003 Act and these Regulations for 2004 elections in relation to citizens of Accession States

    14. 14.Title of returning officers and local returning officers

    15. 15.Payments by and to returning officers and local returning officers

    16. 16.Taxation of returning officer’s and local returning officer’s account

    17. 17.Effect of registers

    18. 18.Effect of misdescription

    19. 19.Discharge of registration duties

    20. 20.Payment of expenses of registration

    21. 21.Registration appeals: England and Wales

    22. 22.Registration appeals: Scotland

    23. 23.Personation

    24. 24.Other voting offences

    25. 25.Breach of official duty

    26. 26.Tampering with nomination papers, ballot papers, etc

    27. 27.False statement in nomination papers

    28. 28.Offences in connection with candidature

    29. 29.Requirement of secrecy

    30. 30.Prohibition on publication of exit polls

  3. PART 2 THE ELECTION CAMPAIGN

    1. 31.Interpretation of Part 2

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

    3. Election agents of registered parties

      1. 33.Appointment of national election agent of registered party

      2. 34.Appointment of election agent by a registered party standing in one electoral region only

      3. 35.Appointment of sub-agent for registered parties

      4. 36.Office of agents of registered parties

      5. 37.Effect of default in appointment of agents of registered parties

    4. Election agents of individual candidates

      1. 38.Appointment of election agent for individual candidate

      2. 39.Appointment of sub-agent for individual candidate

      3. 40.Office of election agent and sub-agent for individual candidate

      4. 41.Effect of default in election agent’s appointment

    5. Election expenses

      1. 42.Control of donations to individual candidates

      2. 43.Payment of expenses of individual candidates through election agent

      3. 44.Individual candidate’s personal expenses, and petty expenses

      4. 45.Expenses of individual candidate incurred otherwise than for elections purposes

      5. 46.Prohibition of expenses of individual candidate not authorised by election agent

      6. 47.Limitation of election expenses for individual candidates

      7. 48.Time for sending in and paying claims: individual candidates

      8. 49.Disputed claims: individual candidates

      9. 50.Election agent’s claim

      10. 51.Return as to election expenses: individual candidates

      11. 52.Declarations as to election expenses: individual candidates

      12. 53.Return as to personal expenses: candidates on party lists

      13. 54.Penalty for failure as respects return or declarations: individual candidates

      14. 55.Authorised excuses for failures as to return and declarations: individual candidates

      15. 56.Court’s power to require information from election agent or sub-agent of individual candidate

      16. 57.Duty of appropriate officer to forward returns and declarations to Electoral Commission

      17. 58.Publication of time and place for inspection of returns and declarations

      18. 59.Inspection of returns and declaration

      19. 60.Meaning of “election expenses”

      20. 61.Incurring of election expenses for purposes of regulation 60

      21. 62.Property, goods, services etc provided free of charge or at a discount

    6. General

      1. 63.Candidate’s right to send election address post free

      2. 64.Broadcasting from outside United Kingdom

      3. 65.Broadcasting of local items during election period

      4. 66.Imitation poll cards

      5. 67.Schools and rooms for European Parliamentary election meetings

      6. 68.Disturbances at election meetings

      7. 69.Officials not to act for candidates

      8. 70.Illegal canvassing by police officers

      9. 71.False statements as to candidates

      10. 72.Corrupt withdrawal from candidature

      11. 73.Payments for exhibition of election notices

      12. 74.Details to appear on election publications

      13. 75.Prohibition of paid canvassers

      14. 76.Providing money for illegal purposes

      15. 77.Bribery

      16. 78.Treating

      17. 79.Undue influence

      18. 80.Rights of creditors

      19. 81.Savings as to European Parliamentary elections

  4. PART 3 VACANCIES

    1. 82.Initial response to vacancies

    2. 83.Filling of vacancies from a registered party’s list

    3. 84.By-election to fill certain vacancies

    4. 85.When a by-election is not needed

  5. PART 4 LEGAL PROCEEDINGS

    1. 86.Interpretation of Part 4

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

    3. 88.Method of questioning European Parliamentary elections

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

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

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

    7. 92.Judges' expenses and reception: England and Wales

    8. 93.Judges' expenses and reception: Scotland

    9. 94.Security for costs

    10. 95.Petition at issue

    11. 96.Trial of election issue

    12. 97.Witnesses

    13. 98.Duty to answer relevant questions

    14. 99.Expenses of witnesses

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

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

    17. 102.Withdrawal of petition

    18. 103.Abatement of petition

    19. 104.Costs of petition

    20. 105.Neglect or refusal to pay costs

    21. 106.Appeals and jurisdiction

    22. 107.Persons convicted of corrupt or illegal practices

    23. 108.Application for relief

    24. 109.Prosecution for corrupt practices

    25. 110.Prosecutions for illegal practices

    26. 111.Conviction of illegal practice on charge of corrupt practice

    27. 112.Mitigation and remission etc

    28. 113.Illegal payments

    29. 114.Time limit for prosecution

    30. 115.Prosecution of offences committed outside the United Kingdom

    31. 116.Offences by associations

    32. 117.Evidence by certificate of holding of elections

    33. 118.Evidence by certificate of electoral registration

    34. 119.Director of Public Prosecutions

    35. 120.Rules of procedure

    36. 121.Costs

    37. 122.Services of notices

  6. PART 5 MISCELLANEOUS

    1. 123.Public notices and declarations

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

    3. 125.Application of Local Government Finance Act 1988 for European Parliamentary Elections

    4. 126.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 individual candidates

        3. 5.Nomination papers: name of registered political party at a by-election

        4. 6.Nomination papers: name of registered political party at a general election

        5. 7.List of candidates

        6. 8.Consent to nomination

        7. 9.Candidature by relevant citizen of the Union

        8. 10.Deposit

        9. 11.Place for delivery of nomination papers

        10. 12.Right to attend nomination

        11. 13.Decisions as to validity of nomination papers

        12. 14.Withdrawal of candidates

        13. 15.Publication of statement of persons nominated

        14. 16.Local publication of statement under rule 15

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

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

        17. 19.Method of election

      3. PART 3 CONTESTED ELECTIONS

        1. 20.Poll to be taken by ballot

        2. 21.The ballot papers

        3. 22.The official mark

        4. 23.Prohibition of disclosure of vote

        5. 24.Use of schools and public rooms

        6. 25.Notice of poll

        7. 26.Postal ballot papers

        8. 27.Provision of polling stations

        9. 28.Appointment of presiding officers and clerks

        10. 29.Issue of official poll cards

        11. 30.Equipment of polling stations

        12. 31.Appointment of polling and counting agents

        13. 32.Notification of requirement of secrecy

        14. 33.Admission to polling station

        15. 34.Keeping of order in station

        16. 35.Sealing of ballot boxes

        17. 36.Questions to be put to voters

        18. 37.Challenge of voter

        19. 38.Voting procedure

        20. 39.Votes marked by presiding officer

        21. 40.Voting by persons with disabilities

        22. 41.Tendered ballot papers

        23. 42.Spoilt ballot papers

        24. 43.Adjournment of poll in case of riot

        25. 44.Procedure on close of poll

        26. 45.Attendance at verification of ballot paper accounts

        27. 46.Procedure at verification of ballot paper accounts

        28. 47.Attendance at counting of votes

        29. 48.The count

        30. 49.Re-count

        31. 50.Rejected ballot papers

        32. 51.Decisions on ballot papers

        33. 52.Notification of local result

        34. 53.Attendance at allocation of seats

        35. 54.Allocation of seats

        36. 55.Equality of seats

      4. PART 4 Final Proceedings

        1. 56.Declaration of result

        2. 57.Return or forfeiture of candidate's deposit

      5. PART 5 Disposal of Documents

        1. 58.Sealing up of ballot papers

        2. 59.Retention of documents by the local returning officer

        3. 60.Orders for production of documents

        4. 61.Retention and public inspection of documents

        5. APPENDIX OF FORMS

          1. Form of front of ballot paper (see next page)

          2. Directions as to printing the ballot paper

            1. 1.Nothing is to be printed on the ballot paper except...

            2. 2.So far as is practicable, the arrangements set out in...

            3. 3.No word shall be printed on the face of the...

            4. 4.The words “Election for the European Parliament”, the name of...

            5. 5.No horizontal rule shall be printed on the face except—...

            6. 6.No vertical rule shall be printed on the face except—...

            7. 7.The space on the ballot paper between the horizontal rule...

            8. 8.Where a registered emblem of a registered political party is...

            9. 9.Subject to paragraphs 10 to 15 below, all of the...

            10. 10.The words “Election for the European Parliament” shall appear in...

            11. 11.The name of the electoral region shall appear in bold...

            12. 12.The word “one” in the statement referred to in paragraph...

            13. 13.No other capitals shall be used except initial capitals for...

            14. 14.The names of the candidates on a party’s list of...

            15. 15.The description of individual candidates shall appear in ordinary type....

            16. 16.The number on the back of the ballot paper shall...

          3. Form of Back of Ballot Paper

          4. Elector’s official poll card

            1. Front of card

            2. Back of card

          5. Proxy’s Official Poll Card

            1. Front of card

            2. Back of card

          6. Form of directions for the guidance of the voters in voting

          7. Certificate of Employment

          8. Form of declaration to be made by the companion of a voter with disabilities

    2. SCHEDULE 2

      ABSENT VOTING

      1. PART 1 ENTITLEMENT

        1. 1.Interpretation

        2. 2.Manner of voting at European Parliamentary elections

        3. 3.Absent vote at elections for definite or indefinite period

        4. 4.Absent vote at particular election

        5. 5.Absent voters list

        6. 6.Proxies at elections

        7. 7.Voting as proxy

        8. 8.Offences

      2. PART 2 APPLICATIONS

        1. 9.Forms

        2. 10.Communication of applications, notices etc

        3. 11.Electronic signatures and related certificates

        4. 12.Time

        5. 13.Interference with notices etc

        6. 14.General requirements for applications for an absent vote

        7. 15.Additional requirement for applications for the appointment of a proxy

        8. 16.Additional requirements for applications for a proxy vote for a definite or indefinite period on grounds of physical incapacity or blindness

        9. 17.Additional requirements for applications for a proxy vote for a definite or indefinite period based on occupation, service, employment or attendance on a course

        10. 18.Additional requirements for applications for a proxy vote in respect of a particular election

        11. 19.Closing date for applications

        12. 20.Grant or refusal of applications

        13. 21.Notice of appeal

        14. 22.Cancellation of proxy appointment

        15. 23.Inquiries by registration officer

        16. 24.Records and lists kept under this Schedule

        17. 25.Marked register for polling stations

      3. PART 3 ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS

        1. 26.Interpretation of Part 3

        2. Issue of Postal Ballot Papers

          1. 27.Combination of polls

          2. 28.Form of declaration of identity

          3. 29.Persons entitled to be present at proceedings on issue of postal ballot papers

          4. 30.Persons entitled to be present at proceedings on receipt of postal ballot papers

          5. 31.Agents of candidates who may attend proceedings on receipt of postal ballot papers

          6. 32.Notification of requirement of secrecy

          7. 33.Time when postal ballot papers are to be issued

          8. 34.Procedure on issue of postal ballot paper

          9. 35.Refusal to issue postal ballot paper

          10. 36.Envelopes

          11. 37.Sealing up of counterfoils and security of special lists

          12. 38.Delivery of postal ballot papers

          13. 39.Spoilt postal ballot papers

          14. 40.Lost postal ballot papers

        3. Receipt of Postal Ballot Papers

          1. 41.Alternative means of returning postal ballot paper or declaration of identity

          2. 42.Notice of opening of postal ballot paper envelopes

          3. 43.Postal ballot boxes and receptacles

          4. 44.Receipt of covering envelope

          5. 45.Opening of postal voters' ballot box

          6. 46.Opening of covering envelopes

          7. 47.Procedure in relation to declarations of identity

          8. 48.Opening of ballot paper envelopes

          9. 49.Lists of rejected postal ballot papers

          10. 50.Checking of lists kept under paragraph 49

          11. 51.Sealing of receptacles

          12. 52.Retention of documents

        4. APPENDIX OF FORMS

          1. Form A Proxy Paper

          2. Form B Declaration of Identity

          3. Form C Declaration of identity

          4. Form D Declaration of Identity

          5. Form E DECLARATION OF IDENTITY

          6. Form F DECLARATION OF IDENTITY

          7. Form G DECLARATION OF IDENTITY

          8. Form H Statement as to Postal Ballot Papers

    3. SCHEDULE 3

      MODIFICATION OF EUROPEAN PARLIAMENTARY ELECTIONS RULES FOR COMBINED POLLS

      1. PART 1 ENGLAND AND WALES

        1. 1.This Part of this Schedule applies in the circumstances set...

        2. 2.(1) In this Part of this Schedule, and in any...

        3. 3.At the end of paragraph (2) of rule 21 (the...

        4. 4.At the end of rule 25 (notice of poll) insert...

        5. 5.At the end of rule 29 (issue of official poll...

        6. 6.After paragraph (1) of rule 30 (equipment of polling stations)...

        7. 7.After paragraph (4) of rule 30 (equipment of polling stations)...

        8. 8.For paragraph (7) of rule 30 (equipment of polling stations)...

        9. 9.In paragraph (1)(b) of rule 31 (appointment of polling and...

        10. 10.At the end of paragraph (4) of rule 31 (appointment...

        11. 11.In rule 32(b) (notification of requirement of secrecy) the words...

        12. 12.In rule 33(1) (admission to polling stations), at the end...

        13. 13.In question (ii) in sub-paragraphs (a) and (b) of paragraph...

        14. 14.At the end of rule 38 (voting procedure) insert the...

        15. 15.At the end of paragraph (2) of rule 39 (votes...

        16. 16.At the end of paragraph (4) of rule 40 (voting...

        17. 17.At the end of paragraph (3) of rule 41 (tendered...

        18. 18.At the end of paragraph (1) of rule 43 (adjournment...

        19. 19.In paragraph (1) of rule 44 (procedure on close of...

        20. 20.After paragraph (1) of rule 44 (procedure on close of...

        21. 21.Omit rules 45 (attendance at verification of the ballot paper...

        22. 22.For paragraph (1) of rule 47 (attendance at counting of...

        23. 23.For paragraph (1) of rule 48 (the count) substitute—

        24. 24.In paragraph (3) of rule 48 (the count) after the...

        25. 25.In paragraph (4) of rule 48 (the count), omit the...

        26. 26.In paragraph (1) of rule 59 (retention of documents) omit...

        27. 27.In the Appendix of forms for the form of direction...

        28. 28.In the Appendix of forms, for the form of declaration...

      2. PART 2 SCOTLAND

        1. 1.This Part of this Schedule applies in the circumstances set...

        2. 2.At the end of paragraph (2) of rule 21 (the...

        3. 3.At the end of rule 25 (notice of poll) insert...

        4. 4.At the end of rule 29 (issue of official poll...

        5. 5.After paragraph (1) of rule 30 (equipment of polling stations)...

        6. 6.After paragraph (4) of rule 30 (equipment of polling stations)...

        7. 7.For paragraph (7) of rule 30 (equipment of polling stations)...

        8. 8.In paragraph (1)(b) of rule 31 (appointment of polling and...

        9. 9.At the end of paragraph (4) of rule 31(appointment of...

        10. 10.In rule 32(b) (notification of requirement of secrecy) the words...

        11. 11.In question (ii) in sub-paragraphs (a) and (b) of paragraph...

        12. 12.At the end of rule 38 (voting procedure) insert the...

        13. 13.At the end of paragraph (2) of rule 39 (votes...

        14. 14.At the end of paragraph (4) of rule 40 (voting...

        15. 15.At the end of paragraph (3) of rule 41 (tendered...

        16. 16.At the end of paragraph (1) of rule 43 (adjournment...

        17. 17.In rule 44(1) (procedure on close of poll), after the...

        18. 18.After paragraph (1) of rule 44 (procedure on close of...

        19. 19.Omit rules 45 (attendance at verification of the ballot paper...

        20. 20.For paragraph (1) of rule 47 (attendance at counting of...

        21. 21.For paragraph (1) of rule 48 (the count) substitute—

        22. 22.In paragraph (3) of rule 48 (the count) after the...

        23. 23.In paragraph (1) of rule 59 (retention of documents) omit...

        24. 24.In the Appendix of forms for the form of direction...

        25. 25.In the Appendix of forms, in the form of declaration...

    4. SCHEDULE 4

      ENTITLEMENT TO REGISTRATION AND LEGAL INCAPACITY TO VOTE IN GIBRALTAR

      1. PART 1 GENERAL APPLICATION AND INTERPRETATION

        1. 1.General application and interpretation

        2. 2.Time

      2. PART 2 ENTITLEMENT TO REGISTRATION AND LEGAL INCAPACITY

        1. Legal incapacity

          1. 3.Legal incapacity to vote of offenders in prison etc

          2. 4.Legal incapacity to vote of offenders detained in mental hospitals

        2. Persons under the age of 18

          1. 5.Entitlement to registration of person under the age of 18

          2. 6.Circumstances in which an application for registration in the Gibraltar register may be treated as having been made

          3. 7.Alteration of Gibraltar register: pending elections

        3. Residence

          1. 8.Residence: general

          2. 9.Residence: merchant seamen

          3. 10.Residence: patients in mental hospitals who are not detained offenders or on remand

          4. 11.Residence: persons remanded in custody etc

          5. 12.Notional residence: declarations of local connection

          6. 13.Effect of declaration of local connection

        4. Overseas electors

          1. 14.Registration of overseas electors

          2. 15.Overseas elector's declaration

        5. Service Voters

          1. 16.Service qualification

          2. 17.Service declaration

          3. 18.Contents of service declaration

          4. 19.Effect of service declaration

        6. Relevant citizens of the Union

          1. 20.Notification of and removal of names of relevant citizens of the Union from the register

      3. PART 3 DISCHARGE OF REGISTRATION DUTIES

        1. 21.Discharge of registration duties

    5. SCHEDULE 5

      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 section 16 of the 2003 Act (entitlement to be...

      3. 3.In section 27(1) (interpretation) of the 2003 Act insert, at...

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

      5. 5.In regulation 17, insert after paragraph (4)—

      6. 6.In regulation 24(1), for the words “For the purposes of...

      7. 7.In paragraph 33 of Schedule 2— (a) insert at the...

      8. 8.In paragraph 12(3)(e) of Schedule 4, after “relevant citizen of...

      9. 9.In paragraph 18(d) of Schedule 4, after “relevant citizen of...

      10. 10.In paragraph 19(1)(b) of Schedule 4, after “relevant citizen of...

      11. 11.In paragraph 20 of Schedule 4 (notification of and removal...

    6. SCHEDULE 6

      CONTROL OF DONATIONS TO INDIVIDUAL CANDIDATES

      1. PART 1 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 2 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 3 REPORTING OF DONATIONS

        1. 10.Statement of relevant donations

        2. 11.Donations from permissible donors

        3. 12.Donations from impermissible donors

    7. SCHEDULE 7

      DECLARATION AS TO ELECTION EXPENSES

      1. FORM OF DECLARATION

    8. SCHEDULE 8

      USE FOR EUROPEAN PARLIAMENTARY ELECTION MEETINGS OF ROOMS IN SCHOOL PREMISES AND OF MEETING ROOMS

      1. 1.Any arrangements for the use of a room in school...

      2. 2.Any question as to the rooms in school premises which...

      3. 3.Any person stating himself to be, or to be authorised...

      4. 4.In the application of this Schedule to Scotland, for any...

      5. 5.In the application of this Schedule to Gibraltar—

  9. Explanatory Note

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