The European Parliamentary Elections Regulations 2004

[F1 Inspection of documents open to public inspection E+W+S

69.— (1) Any person is entitled to request that the relevant registration officer make available for inspection a copy of any of the following documents (referred to in this rule and rule 70 as the “documents open to public inspection”)—

(a) the marked register or lists;

(b) such other documents relating to an election as the relevant registration officer is required by or under any enactment to retain for any period except—

(i) ballot papers;

(ii) completed corresponding number lists; F2 ...

(iii) certificates as to employment on duty on the day of the election[F3 ; and

(v) any list produced under paragraph 67(4) of Schedule 2 (reasons for rejection of postal voting statements).]

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

(a) which documents are requested;

(b) the purposes for which the information in any document will be used;

(c) where the request is to inspect the marked register or lists, any reason why inspecting the full register or unmarked lists would not be sufficient to achieve that purpose;

(d) who will inspect the documents;

(e) the date on which they wish to inspect the documents; and

(f) whether they would prefer to inspect the documents in printed or data form.

(3) Subject to paragraph (4), the relevant registration officer must make the documents open to public inspection available for inspection under supervision not later than 10 days after the date of receipt of a request that has been duly made.

(4) Where a request has been made to inspect copies of the marked register or lists under paragraph (1) and the relevant registration officer is not satisfied that the purposes of the requestor cannot be met by inspection of the full register, he must inform the requestor –

(a) of his decision under this paragraph; and

(b) provide the requestor with information concerning the availability of the published full register for inspection in accordance with regulation 43 of the 2001 Regulations, or in Scotland, regulation 43 of the 2001 (Scotland) Regulations or, in Gibraltar, paragraph 41 of Schedule 1 to the 2004 Act.

(5) A person who obtains a copy of or information in any document open to public inspection under this rule may use it only for the permitted purposes specified in rule 70, and any conditions—

(a) specified in that rule;

(b) specified in paragraph (7); or

(c) which would apply to the use of the full register under regulation 109 of the 2001 Regulations, or as the case may be, regulation 108 of the 2001 (Scotland) Regulations, or paragraph 57 of Schedule 1 to the 2004 Act, where such a person has obtained a copy of that document under paragraph (8),

shall apply to such use.

(6) Where inspection takes place by providing the records or lists on a computer screen or otherwise in data form, the relevant registration officer must ensure the manner in, and the equipment on which, that copy is provided do not permit any person consulting that copy to—

(a) search it by electronic means by reference to the name of any person; or

(b) copy or transmit any part of that copy by electronic or any other means.

(7) Subject to paragraph (8), a person who inspects a copy of a document open to public inspection, whether in printed copy or in data form, may not—

(a) make copies of any part of it; or

(b) record any particulars in it,

except that a person who inspects a copy of the marked register or lists may make hand written notes.

(8) The relevant registration officer must, on request, supply free of charge copies of any documents open to public inspection to a person who has inspected those documents and who is entitled to be supplied with a copy of the marked register or lists by virtue of being a person to whom regulation 109 of the 2001 Regulations, or, in Scotland, regulation 108 of the 2001 (Scotland) Regulations, or, in Gibraltar, paragraph 57 of Schedule 1 to the 2004 Act, applies.]

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

F2 Word in Sch. 1 rule 69(1)(b)(ii) omitted (1.1.2014) by virtue of The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 30(a)

F3 Sch. 1 rule 69(1)(b)(v) and preceding word inserted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 30(b)