The European Parliamentary Elections Regulations 2004 (revoked)

1Citation, commencement and extent

2Interpretation

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

4General application to Scotland

5General application to Gibraltar

6Conduct of poll and count in each local counting area

7Deputies and assistance

8Polling districts and places

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

10Absent voting

11Combination of polls

12Entitlement to registration and legal incapacity to vote in Gibraltar

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

14Title of returning officers and local returning officers

15Payments by and to returning officers and local returning officers

15AInadequate performance of returning officer or local returning officer: reduction of charges

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

17Effect of registers

18Effect of misdescription

19Discharge of registration duties

20Payment of expenses of registration

21Registration appeals: England and Wales

22Registration appeals: Scotland

24Other voting offences

25Breach of official duty

26Tampering with nomination papers, ballot papers, etc

27False statement in nomination papers

28Offences in connection with candidature

29Requirement of secrecy

30Prohibition on publication of exit polls

PART 2THE ELECTION CAMPAIGN

31Interpretation of Part 2

32Computation of time for purposes of Part 2

Election agents of registered parties

33Appointment of national election agent of registered party

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

35Appointment of sub-agent for registered parties

36Office of agents of registered parties

37Effect of default in appointment of agents of registered parties

Election agents of individual candidates

38Appointment of election agent for individual candidate

39Appointment of sub-agent for individual candidate

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

41Effect of default in election agent’s appointment

Election expenses

42Control of donations to individual candidates

43Payment of expenses of individual candidates through election agent

44Individual candidate’s personal expenses, and petty expenses

45Expenses of individual candidate incurred otherwise than for elections purposes

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

47Limitation of election expenses for individual candidates

48Time for sending in and paying claims: individual candidates

49Disputed claims: individual candidates

50Election agent’s claim

51Return as to election expenses: individual candidates

52Declarations as to election expenses: individual candidates

53Return as to personal expenses: candidates on party lists

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

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

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

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

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

59Inspection of returns and declaration

60Meaning of “election expenses”

61Schedule 7A, which makes provision for election expenses, has effect....

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

63Candidate’s right to send election address post free

64Broadcasting from outside United Kingdom

65Broadcasting of local items during election period

66Imitation poll cards

67Schools and rooms for European Parliamentary election meetings

68Disturbances at election meetings

69Officials not to act for candidates

70Illegal canvassing by police officers

71False statements as to candidates

72Corrupt withdrawal from candidature

73Payments for exhibition of election notices

74Details to appear on election publications

75Prohibition of paid canvassers

76Providing money for illegal purposes

79Undue influence

80Rights of creditors

81Savings as to European Parliamentary elections

PART 3VACANCIES

81AInterpretation of Part 3 and computation of time

82Initial response to vacancies

83Filling of vacancies from a registered party’s list

83A MEP stood for registered party: filling vacant seat by nomination

83B MEP stood for two or more registered parties: filling vacant seat by nomination

83CParty no longer registered

83DIndependent candidate MEP: notice of substitutes

83EIndependent MEP: filling vacant seat, notice of substitutes

83FIndependent MEP: vacant seat, no notice of substitutes

84By-election to fill certain vacancies

85When a by-election is not needed

85ARelevant citizens of the Union

PART 4LEGAL PROCEEDINGS

86Interpretation of Part 4

87Computation of time for purposes of Part 4

88Method of questioning European Parliamentary elections

89Presentation and service of European Parliamentary election petitions

90Time for presentation or amendment of European Parliamentary election petition

91Constitution of election court and place of trial

92Judges' expenses and reception: England and Wales

93Judges' expenses and reception: Scotland

94Security for costs

95Petition at issue

96Trial of election issue

98Duty to answer relevant questions

99Expenses of witnesses

100Conclusion of trial of European Parliamentary election petition

101Special case for determination of the High Court

102Withdrawal of petition

103Abatement of petition

104Costs of petition

105Neglect or refusal to pay costs

106Appeals and jurisdiction

107Persons convicted of corrupt or illegal practices

108Application for relief

109Prosecution for corrupt practices

110Prosecutions for illegal practices

111Conviction of illegal practice on charge of corrupt practice

112Mitigation and remission etc

113Illegal payments

114Time limit for prosecution

115Prosecution of offences committed outside the United Kingdom

116Offences by associations

117Evidence by certificate of holding of elections

118Evidence by certificate of electoral registration

119Director of Public Prosecutions

120Rules of procedure

122Services of notices

PART 5MISCELLANEOUS

122ATranslations etc. of certain documents

123Public notices and declarations

124Remuneration for free postal services provided under the Regulations

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

125ARequirement to provide information about candidate standing in other Member State

SCHEDULE 1EUROPEAN PARLIAMENTARY ELECTIONS RULES

PART 1PROVISIONS AS TO TIME

2Computation of time

PART 2STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS

3Notice of election

4Nomination of individual candidates

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

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

7List of candidates

8Consent to nomination

9Candidature by relevant citizen of the Union

9ARequest for information where candidate is relevant citizen of the Union

11Place for delivery of nomination papers

12Right to attend nomination

13Decisions as to validity of nomination papers

14Withdrawal of candidates

15Publication of statement of persons nominated

16Correction of minor errors

17Local publication of statement under rule 15

18Disqualification by Representation of the People Act 1981

19Adjournment of nomination proceedings in case of riot

20Method of election

PART 3CONTESTED ELECTIONS

CHAPTER 1General Provisions

21Poll to be taken by ballot

22The ballot papers

23The corresponding number list

24The official mark

25Prohibition of disclosure of vote

26Use of schools and public rooms

CHAPTER 2Action to be Taken Before the Poll

27Notice of poll

28Postal ballot papers and postal voting statements

29Provision of polling stations

30Appointment of presiding officers and clerks

31Issue of official poll cards

32Equipment of polling stations

33Appointment of polling and counting agents

34Notification of requirement of secrecy

35Return of postal ballot papers

CHAPTER 3The Poll

36Admission to polling station

37Keeping of order in station

38Sealing of ballot boxes

39Questions to be put to voters

40Challenge of voter

41Voting procedure

42Votes marked by presiding officer

43Voting by persons with disabilities

44Tendered ballot papers: circumstances where available

45Tendered ballot papers: general provisions

46Spoilt ballot papers

47Alteration of registers

48Adjournment of poll in case of riot

49Procedure on close of poll

CHAPTER 4Counting of Votes

50Attendance at verification of ballot paper accounts

51Procedure at verification of ballot paper accounts

52Attendance at counting of votes

55Rejected ballot papers

56Decisions on ballot papers

57Notification of local result

58Attendance at allocation of seats

59Allocation of seats

60Equality of seats

60ADisqualification in home Member State

PART 4FINAL PROCEEDINGS IN CONTESTED AND UNCONTESTED ELECTIONS

61Declaration of result

62Return or forfeiture of candidate’s deposit

PART 5DISPOSAL OF DOCUMENTS

63Sealing up of ballot papers

64Delivery and retention of documents

65Orders for production of documents

66Retention of documents by relevant registration officer

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

67Interpretation and general

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

69Inspection of documents open to public inspection

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

71Fees relating to the marked registers and lists

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

PART 7APPENDIX OF FORMS

SCHEDULE 2ABSENT VOTING

PART 1ENTITLEMENT

1Interpretation

2Manner of voting at European Parliamentary elections

3Absent vote at elections for definite or indefinite period

4Absent vote at a particular election

5Absent voters list

6Proxies at elections

7Voting as proxy

8Provision of fresh signatures

9Use of personal identifier information

11Offences relating to applications for postal or proxy votes

PART 2APPLICATIONS

13Communication of applications, notices etc

14Electronic signatures and related certificates

16Interference with notices etc

17General requirements for applications for an absent vote

18The personal identifiers record

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

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

21Additional 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)

22Additional requirements for applications for the appointment of a proxy

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

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

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

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

26Closing date for applications

27Grant or refusal of applications

28Notice of appeal

29Cancellation of proxy appointment

30Inquiries by registration officer

31Requirement to provide fresh signatures at five yearly intervals

31ANotification of a rejected postal voting statement

31BRequirement to provide fresh signatures following rejection of a postal voting statement

31CFurther notification of a rejected postal voting statement

32Records and lists kept under this Schedule

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

34Marked register for polling stations

PART 3ABSENT VOTING (TRANSITIONAL PROVISION)

35Interpretation and extent

36Requiring personal identifiers from existing absent voters

37Required information to be provided to existing absent voters

38Determination by registration officer

39Consequences of failure or refusal to provide personal identifiers

PART 4ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS

40Interpretation of Part 4

Issue of Postal Ballot Papers

41Combination of poll

42Form of postal voting statement

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

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

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

46Notification of requirement of secrecy

47Time when postal ballot papers are to be issued

48Procedure on issue of postal ballot paper

49Refusal to issue postal ballot paper

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

52Delivery of postal ballot papers

53Spoilt postal ballot papers

54Lost postal ballot papers

54ACancellation of postal ballot papers

Receipt of Postal Ballot Papers

55Means of returning postal ballot paper or postal voting statement

56Notice of opening of postal ballot paper envelopes

57Postal ballot boxes and receptacles

58Receipt of covering envelope

59Opening of postal voters’ ballot box

60Opening of covering envelopes

61Confirming receipt of postal voting statements

62Procedure in relation to postal voting statements

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

64Postal Voting Statements: additional personal identifier verification

65Opening of ballot paper envelopes

66Retrieval of cancelled postal ballot papers

67Lists of rejected postal ballot papers

68Checking of lists kept under paragraph 67

69Sealing of receptacles

70Forwarding of documents

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

PART 5APPENDIX OF FORMS

SCHEDULE 3MODIFICATION OF EUROPEAN PARLIAMENTARY ELECTIONS RULES FOR COMBINED POLLS

PART 1ENGLAND AND WALES

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

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

3(1) In rule 22 (the ballot papers) at the end...

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

FORMS TO BE USED WHEN POLLS ARE COMBINED

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

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

SCHEDULE 4ENTITLEMENT TO REGISTRATION AND LEGAL INCAPACITY TO VOTE IN GIBRALTAR

PART 1GENERAL APPLICATION AND INTERPRETATION

1General application and interpretation

PART 2ENTITLEMENT TO REGISTRATION AND LEGAL INCAPACITY

Legal incapacity

3Legal incapacity to vote of offenders in prison etc

4Legal incapacity to vote of offenders detained in mental hospitals

Persons under the age of 18

5Entitlement to registration of person under the age of 18

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

7Alteration of Gibraltar register: pending elections

8Residence: general

9Residence: merchant seamen

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

11Residence: persons remanded in custody etc

12Notional residence: declarations of local connection

13Effect of declaration of local connection

Overseas electors

14Registration of overseas electors

15Overseas elector's declaration

16Service qualification

17Service declaration

18Contents of service declaration

19Effect of service declaration

Relevant citizens of the Union

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

PART 3DISCHARGE OF REGISTRATION DUTIES

21Discharge of registration duties

SCHEDULE 5MODIFICATIONS FOR RELEVANT CITIZENS OF THE ACCESSION STATES IN 2004

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SCHEDULE 6CONTROL OF DONATIONS TO INDIVIDUAL CANDIDATES

PART 1INTRODUCTORY

1Operation and interpretation of Schedule

2Donations: general rules

4Payments etc not to be regarded as donations

5Value of donations

PART 2CONTROLS ON DONATIONS

6Prohibition on accepting donations from impermissible donors

7Acceptance or return of donations

8Transfer of donations received by candidate to election agent

9Evasion of restrictions on donations

PART 3REPORTING OF DONATIONS

10Statement of relevant donations

11Donations from permissible donors

12Donations from impermissible donors

SCHEDULE 7DECLARATION AS TO ELECTION EXPENSES

FORM OF DECLARATION

SCHEDULE 7AElection expenses

PART 1List of matters

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

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

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

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

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

6Accommodation and administrative costs.

PART 2General exclusions

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

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

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

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

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

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

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

SCHEDULE 8USE FOR EUROPEAN PARLIAMENTARY ELECTION MEETINGS OF ROOMS IN SCHOOL PREMISES AND OF MEETING ROOMS

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

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

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

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

5In the application of this Schedule to Gibraltar—

2004 No. 293

REPRESENTATION OF THE PEOPLE

The European Parliamentary Elections Regulations 2004 (revoked)F1

Made22nd March 2004

Coming into force23rd March 2004

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F1

Regulations revoked (31.12.2020) by The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 (S.I. 2018/1310), reg. 1, Sch. 1 Pt. 2 (as amended by S.I. 2019/1389, regs. 1, 2(2))