The European Parliamentary Elections Regulations 2004

[F1 Supply of marked registers and lists after a European Parliamentary election E+W+S

68.— (1) Any person entitled to be supplied in accordance with—

(a) regulation 100, 103, 105, 106, 108, 109 or 113 of the 2001 Regulations; or

(b) regulation 99,102,104,105, 107, 108 or 112 of the 2001 (Scotland) Regulations; or

(c) paragraph 50, 52, 53, 54, 55, 56 or 57 of Schedule 1 to the 2004 Act,

with copies of the full register at a particular European Parliamentary election is also a person entitled, subject to this rule and rule 70, to request that a relevant registration officer supply copies of the relevant part (within the meaning of those regulations) of the marked register or lists he is required to keep.

(2) A person whose entitlement to request copies of the marked register or lists under paragraph (1) arises from being in a category of persons to whom—

(a) regulation 103, 105, 106, or 108 of the 2001 Regulations; or

(b) regulation 102, 104, 105 or 107 of the 2001 (Scotland) Regulations; or

(c) paragraph 52, 53, 54 or 56 of Schedule 1 to the 2004 Act,

applies before a particular European Parliamentary election, shall be entitled to request those documents regardless of whether, after that election, he remains in a category of persons which is entitled under those provisions.

(3) A request under paragraph (1) must be made in writing and must—

(a) specify which of the marked register or lists (or the relevant part of the register or lists) are requested;

(b) state whether a printed copy of the records or lists or a copy in data form is requested; and

(c) state the purposes for which the marked register or lists shall be used and why the supply or purchase of a copy of the full register or unmarked lists would not be sufficient to achieve those purposes.

(4) The relevant registration officer must supply a copy of the relevant part of the marked register or lists where a request is duly made, and—

(a) he is satisfied that the requestor needs to see the marks on the marked register or lists in order to achieve the purpose for which it is requested; and

(b) he has received payment of a fee calculated in accordance with rule 71.

(5) If the relevant registration officer is not satisfied in accordance with paragraph (4)(a) he may treat the request for a marked register or list as a request for —

(a) information in unmarked lists under paragraph 32 of Schedule 2; or

(b) the published copy of the full register in accordance with regulation 102 of the 2001 Regulations, or

(c) the published copy of the full register in accordance with regulation 101 of the 2001 (Scotland) Regulations,

or both (a) and (b) or, as the case may be, (a) and (c), and must provide the requestor with information concerning the availability of the unmarked lists, full register or both as the case may be.

(6) A person who obtains a copy of any part of a marked register or list under this rule and whose entitlement arose under paragraph (1)(a) may use it only for the permitted purposes specified in rule 70(2), and any conditions—

(a) specified in that rule, or

(b) which would apply to the use of the full register under whichever of regulations 100, 103, 105, 106, 108, 109 and 113 of the 2001 Regulations entitled that person to obtain that document,

shall apply to such use.

(7) A person who obtains a copy of any part of a marked register or list under this rule and whose entitlement arose under paragraph (1)(b) may only use it for the permitted purposes specified in rule 70(2), and any conditions—

(a) specified in that rule; or

(b) which would apply to the use of the full register under whichever of regulations 99, 102, 104, 105,107, 108 and 112 of the 2001 (Scotland) Regulations entitled that person to obtain that document,

shall apply to such use.

(8) A person who obtains a copy of any part of a marked register or list under this rule and whose entitlement arose under paragraph (1)(c) may use it only for the permitted purposes specified in rule 70(2), and any conditions—

(a) specified in that rule; or

(b) which would apply to the use of the full register under whichever of paragraphs 50, 52, 53, 54, 55, 56 or 57 of Schedule 1 to the 2004 Act entitled that person to obtain that document,

shall apply to such use.

(9) The conditions referred to in paragraph (6), or as the case may be paragraphs (7) or (8), apply to a person to whom a copy of marked register or list, or any information contained in them (that is not contained in the edited register) has been supplied or disclosed under these rules as they apply to a person to whom those regulations apply.

(10) Any person who has obtained or is entitled to obtain a copy of the marked register or lists under this rule may—

(a) supply a copy of the marked register or lists to a processor for the purpose of processing the information contained therein,

(b) procure that a processor processes and supplies to them any copy of the information in the marked register or lists which the processor has obtained under this rule,

for use in respect of the purposes for which that person is entitled to obtain such copy or information (as the case may be).]

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