The European Parliamentary Elections Regulations 2004

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. 15A. Inadequate performance of returning officer or local returning officer: reduction of charges

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

   18. 17. Effect of registers

   19. 18. Effect of misdescription

   20. 19. Discharge of registration duties

   21. 20. Payment of expenses of registration

   22. 21. Registration appeals: England and Wales

   23. 22. Registration appeals: Scotland

   24. 23. Personation

   25. 24. Other voting offences

   26. 25. Breach of official duty

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

   28. 27. False statement in nomination papers

   29. 28. Offences in connection with candidature

   30. 29. Requirement of secrecy

   31. 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. Schedule 7A, which makes provision for election expenses, has effect....

      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. 122A. Translations etc. of certain documents

   2. 123. Public notices and declarations

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

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

   5. 125A. Requirement to provide information about candidate standing in other Member State

   6. 126. Revocation

7. Signature

8. 1. SCHEDULE A1

   2. 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 party at a by-election

         4. 6. Nomination papers: name of registered 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. 9A. Request for information where candidate is relevant citizen of the Union

         9. 10. Deposit

         10. 11. Place for delivery of nomination papers

         11. 12. Right to attend nomination

         12. 13. Decisions as to validity of nomination papers

         13. 14. Withdrawal of candidates

         14. 15. Publication of statement of persons nominated

         15. 16. Correction of minor errors

         16. 17. Local publication of statement under rule 15

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

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

         19. 20. Method of election

      3. PART 3 CONTESTED ELECTIONS

         1. CHAPTER 1 General Provisions

            1. 21. Poll to be taken by ballot

            2. 22. The ballot papers

            3. 23. The corresponding number list

            4. 24. The official mark

            5. 25. Prohibition of disclosure of vote

            6. 26. Use of schools and public rooms

         2. CHAPTER 2 Action to be Taken Before the Poll

            1. 27. Notice of poll

            2. 28. Postal ballot papers and postal voting statements

            3. 29. Provision of polling stations

            4. 30. Appointment of presiding officers and clerks

            5. 31. Issue of official poll cards

            6. 32. Equipment of polling stations

            7. 33. Appointment of polling and counting agents

            8. 34. Notification of requirement of secrecy

            9. 35. Return of postal ballot papers

         3. CHAPTER 3 The Poll

            1. 36. Admission to polling station

            2. 37. Keeping of order in station

            3. 38. Sealing of ballot boxes

            4. 39. Questions to be put to voters

            5. 40. Challenge of voter

            6. 41. Voting procedure

            7. 42. Votes marked by presiding officer

            8. 43. Voting by persons with disabilities

            9. 44. Tendered ballot papers: circumstances where available

            10. 45. Tendered ballot papers: general provisions

            11. 46. Spoilt ballot papers

            12. 47. Alteration of registers

            13. 48. Adjournment of poll in case of riot

            14. 49. Procedure on close of poll

         4. CHAPTER 4 Counting of Votes

            1. 50. Attendance at verification of ballot paper accounts

            2. 51. Procedure at verification of ballot paper accounts

            3. 52. Attendance at counting of votes

            4. 53. The count

            5. 54. Re-count

            6. 55. Rejected ballot papers

            7. 56. Decisions on ballot papers

            8. 57. Notification of local result

            9. 58. Attendance at allocation of seats

            10. 59. Allocation of seats

            11. 60. Equality of seats

            12. 60A. Disqualification in home Member State

      4. PART 4 FINAL PROCEEDINGS IN CONTESTED AND UNCONTESTED ELECTIONS

         1. 61. Declaration of result

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

      5. PART 5 DISPOSAL OF DOCUMENTS

         1. 63. Sealing up of ballot papers

         2. 64. Delivery and retention of documents

         3. 65. Orders for production of documents

         4. 66. Retention of documents by relevant registration officer

      6. PART 6 ACCESS TO MARKED REGISTERS AND OTHER DOCUMENTS OPEN TO PUBLIC INSPECTION AFTER AN ELECTION

         1. 67. Interpretation and general

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

         3. 69. Inspection of documents open to public inspection

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

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

         6. 72. Access to marked registers and other election documents: contravention of conditions

      7. PART 7 APPENDIX OF FORMS

   3. 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 a particular election

         5. 5. Absent voters list

         6. 6. Proxies at elections

         7. 7. Voting as proxy

         8. 8. Provision of fresh signatures

         9. 9. Use of personal identifier information

         10. 10. Offences

         11. 11. Offences relating to applications for postal or proxy votes

      2. PART 2 APPLICATIONS

         1. 12. Forms

         2. 13. Communication of applications, notices etc

         3. 14. Electronic signatures and related certificates

         4. 15. Time

         5. 16. Interference with notices etc

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

         7. 18. The personal identifiers record

         8. 19. Additional provision concerning the requirement that an application for an absent vote must be signed by the applicant

         9. 20. Additional requirement for applications for ballot papers to be sent to different address from that stated in application

         10. 21. Additional requirements for applications for ballot papers to be sent to different address from that shown in the record kept under paragraph 3(4) or 7(6)

         11. 22. Additional requirements for applications for the appointment of a proxy

         12. 23. Additional requirements for applications for a proxy vote for a definite or indefinite period on grounds of blindness or other disability

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

         14. 25. Additional requirements for applications for a proxy vote in respect of a particular election

         15. 25A. Additional requirements for application for an emergency proxy vote in respect of a particular election based on occupation, service or employment

         16. 26. Closing date for applications

         17. 27. Grant or refusal of applications

         18. 28. Notice of appeal

         19. 29. Cancellation of proxy appointment

         20. 30. Inquiries by registration officer

         21. 31. Requirement to provide fresh signatures at five yearly intervals

         22. 31A. Notification of a rejected postal voting statement

         23. 31B. Requirement to provide fresh signatures following rejection of a postal voting statement

         24. 32. Records and lists kept under this Schedule

         25. 33. Conditions on the use, supply and inspection of absent voter records or lists

         26. 34. Marked register for polling stations

      3. PART 3 ABSENT VOTING (TRANSITIONAL PROVISION)

         1. 35. Interpretation and extent

         2. 36. Requiring personal identifiers from existing absent voters

         3. 37. Required information to be provided to existing absent voters

         4. 38. Determination by registration officer

         5. 39. Consequences of failure or refusal to provide personal identifiers

      4. PART 4 ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS

         1. 40. Interpretation of Part 4

         2. Issue of Postal Ballot Papers

            1. 41. Combination of poll

            2. 42. Form of postal voting statement

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

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

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

            6. 46. Notification of requirement of secrecy

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

            8. 48. Procedure on issue of postal ballot paper

            9. 49. Refusal to issue postal ballot paper

            10. 50. Envelopes

            11. 51. Sealing up of completed corresponding number lists and security of special lists

            12. 52. Delivery of postal ballot papers

            13. 53. Spoilt postal ballot papers

            14. 54. Lost postal ballot papers

            15. 54A. Cancellation of postal ballot papers

         3. Receipt of Postal Ballot Papers

            1. 55. Means of returning postal ballot paper or postal voting statement

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

            3. 57. Postal ballot boxes and receptacles

            4. 58. Receipt of covering envelope

            5. 59. Opening of postal voters’ ballot box

            6. 60. Opening of covering envelopes

            7. 61. Confirming receipt of postal voting statements

            8. 62. Procedure in relation to postal voting statements

            9. 63. Procedure in relation to postal voting statements: personal identifier verification

            10. 64. Postal Voting Statements: additional personal identifier verification

            11. 65. Opening of ballot paper envelopes

            12. 66. Retrieval of cancelled postal ballot papers

            13. 67. Lists of rejected postal ballot papers

            14. 68. Checking of lists kept under paragraph 67

            15. 69. Sealing of receptacles

            16. 70. Forwarding of documents

            17. 71. Forwarding copy of list of rejected postal voting statements in Scotland

      5. PART 5 APPENDIX OF FORMS

   4. 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. (1) In rule 22 (the ballot papers) at the end...

         4. 4. At the end of rule 27 (notice of poll) insert—...

         5. 5. At the end of rule 31 (issue of official poll...

         6. 6. After paragraph (1) of rule 32 (equipment of polling stations)...

         7. 7. After paragraph (5) of rule 32 (equipment of polling stations)...

         8. 8. For paragraph (7) of rule 32 (equipment of polling stations)...

         9. 9. In paragraph (1)(b) of rule 33 (appointment of polling and...

         10. 10. At the end of paragraph (4) of rule 33 (appointment...

         11. 11. In rule 34(1)(b) (notification of requirement of secrecy) omit the...

         12. 12. (1) In rule 36(1) (admission to polling station), after sub-paragraph...

         13. 13. In rule 39 (questions to be put to voters) in...

         14. 14. At the end of rule 41 (voting procedure) insert—

         15. 15. At the end of paragraph (2) of rule 42 (votes...

         16. 16. At the end of paragraph (4) of rule 43 (voting...

         17. 17. At the end of paragraph (2) of rule 45 (tendered...

         18. 18. At the end of paragraph (1) of rule 47 (alteration...

         19. 19. In paragraph (1) of rule 48 (adjournment of poll in...

         20. 20. In paragraph (1) of rule 49 (procedure on close of...

         21. 21. After paragraph (1) of rule 49 (procedure on close of...

         22. 22. Omit rules 50 (attendance at verification of ballot paper accounts)...

         23. 23. For paragraph (1) of rule 52 (attendance at counting of...

         24. 24. For paragraph (1) of rule 53 (the count) substitute—

         25. 25. In paragraph (3) of rule 53 (the count) after the...

         26. 26. For paragraph (2) of rule 63 (sealing up of ballot...

         27. 27. In paragraph (1) of rule 64 (delivery and retention of...

         28. 28. In the Appendix of Forms, for Form K (form of...

         29. 29. In the Appendix of Forms, for Form M (form of...

      2. PART 2 SCOTLAND

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

         2. 2. (1) In rule 22 (the ballot papers) at the end...

         3. 3. At the end of rule 27 (notice of poll) insert—...

         4. 4. At the end of rule 31 (issue of official poll...

         5. 5. After paragraph (1) of rule 32 (equipment of polling stations)...

         6. 6. After paragraph (5) of rule 32 (equipment of polling stations)...

         7. 7. For paragraph (7) of rule 32 (equipment of polling stations)...

         8. 8. In paragraph (1)(b) of rule 33 (appointment of polling and...

         9. 9. At the end of paragraph (4) of rule 33 (appointment...

         10. 10. In rule 34(1)(b) (notification of requirement of secrecy) omit the...

         11. 11. (1) In rule 36(1)(admission to polling station), after sub-paragraph (g)...

         12. 12. In rule 39 (questions to be put to voters) in...

         13. 13. At the end of rule 41 (voting procedure) insert—

         14. 14. At the end of paragraph (2) of rule 42 (votes...

         15. 15. At the end of paragraph (4) of rule 43 (voting...

         16. 16. At the end of paragraph (2) of rule 45 (tendered...

         17. 17. At the end of paragraph (1) of rule 47 (alteration...

         18. 18. At the end of paragraph (1) of rule 48 (adjournment...

         19. 19. In rule 49 (1) (procedure on close of poll), after...

         20. 20. After paragraph (1) of rule 49 (procedure on close of...

         21. 21. Omit rules 50 (attendance at verification of ballot paper accounts)...

         22. 22. For paragraph (1) of rule 52 (attendance at counting of...

         23. 23. For paragraph (1) of rule 53 (the count) substitute—

         24. 24. In paragraph (3) of rule 53 (the count) after the...

         25. 25. For paragraph (2) of rule 63 (sealing up of ballot...

         26. 26. In paragraph (1) of rule 64 (delivery and retention of...

         27. 27. In the Appendix of Forms, for Form K (form of...

         28. 28. In the Appendix of Forms, for Form M (form of...

      3. FORMS TO BE USED WHEN POLLS ARE COMBINED

         1. Form K1: Form of directions for the guidance of voters in voting

         2. Form M1: Form of declaration to be made by the companion of a voter with disabilities

   5. 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

   6. SCHEDULE 5

      MODIFICATIONS FOR RELEVANT CITIZENS OF THE ACCESSION STATES IN 2004

      1. . . . . . . . . . ....

      2. . . . . . . . . . ....

      3. . . . . . . . . . ....

      4. . . . . . . . . . ....

      5. . . . . . . . . . ....

      6. . . . . . . . . . ....

      7. . . . . . . . . . ....

      8. . . . . . . . . . ....

      9. . . . . . . . . . ....

      10. . . . . . . . . . ....

      11. . . . . . . . . . ....

   7. 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

   8. SCHEDULE 7

      DECLARATION AS TO ELECTION EXPENSES

      1. FORM OF DECLARATION

   9. SCHEDULE 7A

      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 exclusions

         1. 7. The payment of any deposit required by rule 10 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...

   10. 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