The European Parliamentary Elections Regulations 2004

Breach of official duty E+W+S

25.—(1) If a person to whom this regulation applies is, without reasonable cause, guilty of any act or omission in breach of his official duty, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) No person to whom this regulation applies shall be liable for breach of his official duty to any penalty at common law and no action for damages shall lie in respect of the breach by such a person of his official duty.

(3) The persons to whom this regulation applies are—

(a) any sheriff clerk, registration officer, returning officer, local returning officer or presiding officer,

(b) any official designated by a universal postal service provider, F1 ...

F2 (ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3 (bb) any other person whose duty it is to be responsible after a European Parliamentary election for the used ballot papers and other documents (including returns and declarations as to expenses), and ]

(c) any deputy of a person mentioned in any of sub-paragraphs [F4 (a), (b) and (bb)] or any person appointed to assist or in the course of his employment assisting a person so mentioned in connection with his official duties;

and “official duty” shall for the purposes of this regulation be construed accordingly, but shall not include duties imposed otherwise than by the law relating to European Parliamentary elections or the registration of parliamentary or local government electors.

[F5 (4) Where—

(a) a local returning officer to whom regulation 9 applies is guilty of an act or omission in breach of his official duty, but

(b) remedies that act or omission in full by taking steps under paragraph (4A) of that regulation,

he shall not be guilty of an offence under paragraph (1) of this regulation.

(5) Paragraph (4) does not affect any conviction which takes place, or any penalty which is imposed, before the date on which the act or omission is remedied in full.]

Textual Amendments

F1 Word in reg. 25(3) omitted (30.1.2009) by virtue of The European Parliamentary Elections (Amendment) Regulations 2009 (S.I. 2009/186), regs. 1(2), 16(2)

F2 Reg. 25(3)(ba) omitted (1.1.2014) by virtue of The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 11

F3 Reg. 25(3)(ba)(bb) inserted (30.1.2009) by The European Parliamentary Elections (Amendment) Regulations 2009 (S.I. 2009/186), regs. 1(2), 16(2)

F4 Words in reg. 25(3)(c) substituted (30.1.2009) by The European Parliamentary Elections (Amendment) Regulations 2009 (S.I. 2009/186), regs. 1(2), 16(3)

F5 Reg. 25(4)(5) inserted (30.1.2009) by The European Parliamentary Elections (Amendment) Regulations 2009 (S.I. 2009/186), regs. 1(2), 16(4)