The European Parliamentary Elections Regulations 2004

[F1 Nomination papers: name of registered party at a by-election E+W+S

5.— (1) The nomination paper of an individual candidate standing on behalf of a registered party at a by-election must state the name of the party registered under section 28 of the 2000 Act.

(2) A nomination paper may not include a description of an individual candidate which is likely to lead electors to associate the candidate with a registered party unless —

(a) the individual candidate is standing on behalf of a registered party at a by-election;

(b) the party is a qualifying party in relation to the electoral region; and

(c) the description is authorised by a certificate—

(i) issued by or on behalf of the registered nominating officer of the party; and

(ii) received by the returning officer before the last time for the delivery of nomination papers set out in the Timetable in rule 1.

(3) In paragraph (2) an authorised description must be a description of the party registered under section 28A of the 2000 Act.

(4) A nomination paper may not include a description of an individual candidate which is likely to lead electors to associate the candidate with two or more registered political parties unless—

(a) the individual candidate is standing on behalf of two or more registered parties at a by-election;

(b) each of the parties are qualifying parties in relation to the electoral region; and

(c) the description is a registered description authorised by a certificate—

(i) issued by or on behalf of the registered nominating officer of each of the parties; and

(ii) received by the returning officer before the last time for the delivery of nomination papers set out in the Timetable in rule 1.

(5) For the purposes of paragraph (4), an authorised description is a registered description if it is a description registered for use by the parties under section 28B of the 2000 Act.

(6) A person shall be guilty of a corrupt practice if he fraudulently purports to be authorised to issue a certificate under paragraph (2) or (4) on behalf of a registered party’s nominating officer.

(7) For the purposes of the application of this rule in relation to an election—

(a) “registered party” means a party which was registered under Part 2 of the 2000 Act on the day (“the relevant day”) which is two days before the last day for the delivery of nomination papers at that election; and

(b) a registered party is a qualifying party in relation to an electoral region if the region is in England, Wales, Scotland or the combined region and the party was on the relevant day registered in respect of that part of Great Britain or the combined region in the Great Britain register mentioned under that Part of that Act.

(8) For the purposes of paragraph (7)(a) any day falling within rule 2(1) must be disregarded.]

Textual Amendments

F1 Sch. 1 substituted (30.1.2009) by The European Parliamentary Elections (Amendment) Regulations 2009 (S.I. 2009/186), regs. 1(2), 39, Sch. 2