PART 3VACANCIES

F1MEP stood for two or more registered parties: filling vacant seat by nomination83B.

(1)

This regulation applies where—

(a)

a returning officer receives notice of a vacancy in the seat of an MEP from the Secretary of State under regulation 82(4); and

(b)

the previous MEP—

(i)

stood on behalf of two or more registered parties when elected to the seat at a by-election; or

(ii)

was jointly nominated to the seat by two or more registered parties.

(2)

As soon as practicable after receiving notice of the vacancy, the returning officer must ask the nominating officer of each registered party to jointly nominate a person to fill the vacant seat and be returned as an MEP on behalf of the registered parties.

(3)

A joint nomination made in response to the request in paragraph (2) (“the joint nomination”) must—

(a)

be in writing;

(b)

be made within 28 days beginning with the date of the returning officer’s request;

(c)

specify a person (“P”) who is not disqualified for the office of MEP to fill the vacant seat; and

(d)

be signed by the nominating officer of each of the registered parties.

(4)

The joint nomination must be accompanied by a declaration that—

(a)

states P’s name and date of birth;

(b)

gives P’s consent to being returned as an MEP in the name of both registered parties;

(c)

confirms that P is aware of the provisions of section 10 of the 2002 Act (disqualification as an MEP);

(d)

declares that, to the best of P’s knowledge and belief, P is not disqualified for the office of MEP; and

(e)

is signed and dated by P.

(5)

If the nominating officers nominate a person in accordance with this regulation, the returning officer must without delay—

(a)

declare in writing that P is to be returned as an MEP;

(b)

give public notice of the declaration; and

(c)

send a copy of the declaration to the Secretary of State.

(6)

If the returning officer is unable to fill the seat under this regulation, the returning officer must notify the Secretary of State of that fact (and see regulation 84 (by-elections)).

(7)

This regulation is subject to regulation 85A (relevant citizens of the Union).