The European Parliamentary Elections Regulations 2004

Rules for European Parliamentary elections and general duty of returning officers and local returning officers E+W+S

9.—(1) The proceedings at a European Parliamentary election shall be conducted in accordance with the European Parliamentary elections rules in Schedule 1 to these Regulations.

(2) It is the returning officer’s and the local returning officer’s general duty at a European Parliamentary election to do all such acts and things as may be necessary for effectually conducting the election in the manner provided by those rules.

(3) The returning officer may give to any local returning officer for a local counting area in the electoral region for which he acts directions relating to the discharge of his functions, including directions requiring the provision to him of any information which that person has or is entitled to have.

(4) It shall be the duty of any local returning officer to whom directions are given under paragraph (3) to discharge his functions in accordance with the directions.

[F1 (4A) A returning officer or a local returning officer for a European Parliamentary election may take such steps as he thinks appropriate to remedy any act or omission on his part, or on the part of a relevant person, which—

(a) arises in connection with any function the returning officer or local returning officer or relevant person has in relation to the election, and

(b) is not in accordance with the European Parliamentary elections rules or other requirements applicable to the election.

(4B) A returning officer or local returning officer may not under paragraph (4A) re-count the votes given at an election after the result has been declared.

(4C) These are the relevant persons—

(a) a registration officer;

(b) a presiding officer;

(c) a person providing goods or services to the returning officer or local returning officer;

(d) a deputy of any person mentioned in sub-paragraphs (a) to (c) or a person appointed to assist, or in the course of his employment assisting, such a person in connection with any function he has in relation to the European Parliamentary election.

(4D) A returning officer or local returning officer for a European Parliamentary election must take such steps as he thinks appropriate to encourage the participation by electors in the electoral process in the area or region for which he acts.

(4E) A returning officer or local returning officer must have regard to any guidance issued by the Electoral Commission for the purposes of paragraph (4D) of this Regulation.]

(5) No European Parliamentary election shall be declared invalid by reason of any act or omission by the returning officer, local returning officer or any other person in breach of his official duty in connection with the election or otherwise of the European Parliamentary elections rules if it appears to the tribunal having cognizance of the question that—

(a) the election was so conducted as to be substantially in accordance with the law as to elections; and

(b) the act or omission did not affect its result.

Textual Amendments

F1 Reg. 9(4A)-(4E) inserted (30.1.2009) by The European Parliamentary Elections (Amendment) Regulations 2009 (S.I. 2009/186), regs. 1(2), 9