The European Parliamentary Elections Regulations 2004

[F1 PART 2 E+W+S STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS

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

Notice of election E+W+S

3.— (1) The returning officer must publish notice of the election stating—

(a) the place and times at which nomination papers are to be delivered; and

(b) the date of the poll in the event of a contest,

and the notice must state that forms of nomination papers may be obtained at that place and those times.

(2) The notice of election must also state the arrangements which apply for the payment of the deposit required by rule 10 to be made by means of the electronic transfer of funds.

(3) The notice of election must state the date by which—

(a) applications to vote by post or by proxy; and

(b) other applications and notices about postal or proxy voting,

must reach the registration officer in order that they may be effective for the election.

(4) The returning officer must send a copy of the notice to the local returning officer for each local counting area in the electoral region; and each local returning officer must publish the copy of the notice at a place within the area in which he acts.

Nomination of individual candidates E+W+S

4.— (1) Each individual candidate must be nominated by a separate nomination paper, which is signed and delivered by the individual candidate himself or a person authorised in writing by him.

(2) The nomination paper must state the individual candidate’s—

(a) full names;

(b) home address in full; and

(c) if desired, description,

and the surname must be placed first in the list of his names.

(3) If an individual candidate commonly uses—

(a) a surname which is different from any other surname he has; or

(b) a forename which is different from any other forename he has,

the nomination paper may state the commonly used surname or forename in addition to the other name.

(4) The description (if any) can only be—

(a) in the case of an individual candidate standing on behalf of a registered party at a by-election, the name of the party registered under section 28 of the 2000 Act and, if desired, a description which is authorised as mentioned in rule 5(2) or (4); or

(b) the word “Independent”.

(5) Where a nomination paper is delivered in respect of the same person after an earlier paper in respect of that person has been delivered, that later paper must be deemed to supersede the earlier one.

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.

Nomination papers: name of registered party at a general election E+W+S

6.— (1) A registered party which is to stand for election in the electoral region must be nominated by a nomination paper delivered to the returning officer at the place which he has fixed for the purpose, by the party’s nominating officer or a person authorised in writing by him.

(2) The nomination paper must state the name of the party registered under section 28 of the 2000 Act.

(3) The nomination paper may state the description by which the registered party is to stand for election.

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

(5) The nomination paper must be accompanied by a list of candidates which complies with rule 7.

(6) The nomination paper must include a statement that the party is nominated by or on behalf of the nominating officer of the registered party in question and must be signed by the person making it.

(7) Where a nomination paper and list of candidates are delivered in respect of the same registered party after an earlier paper and list have been delivered in respect of that party, that later paper and list must be deemed to supersede the earlier ones.

(8) A person shall be guilty of a corrupt practice if he fraudulently purports to be authorised to make the statement required by paragraph (6) on behalf of a registered party’s nominating officer.

List of candidates E+W+S

7.— (1) The number of candidates in the list of a registered party’s candidates which must accompany its nomination paper must not exceed the number of MEPs to be elected in the electoral region at the election.

(2) The list must set out the full names and home addresses in full of each candidate.

(3) If a person on the list of a registered party’s candidates commonly uses—

(a) a surname which is different from any other surname he has; or

(b) a forename which is different from any other forename he has,

the list may state the person’s commonly used surname or forename in addition to the other name.

Consent to nomination E+W+S

8.— (1) A person shall not be validly nominated as an individual candidate or a candidate on a registered party’s list unless his consent to nomination—

(a) is given in writing on or within one month before the day fixed as the last day for the delivery of nomination papers;

(b) is attested by one witness;

(c) in the case of a candidate on a registered party’s list, identifies the party in question; and

(d) is delivered at the place and within the time for the delivery of nomination papers, subject to paragraph (2).

(2) If the returning officer is satisfied that, owing to the absence of a person from the United Kingdom or Gibraltar (as the case may be) it has not been reasonably practicable for his consent in writing to be given, a telegram (or any similar means of communication) consenting to his nomination and purporting to have been sent by him shall be deemed for the purposes of this rule to be consent in writing given by him on the day on which it purports to have been sent, and attestation of his consent is not required.

(3) A candidate’s consent given under this rule must state the day, month and year of his birth; and—

(a) that he is aware of the provisions of section 10 of the European Parliamentary Elections Act 2002; and

(b) that to the best of his knowledge and belief he is not disqualified for the office of MEP.

(4) For the purpose of paragraph (3)(b), a candidate is not disqualified for the office of MEP by virtue of his being a life peer at the time of his nomination.

Candidature by relevant citizen of the Union E+W+S

9.— [F2 (1) A candidate who is a relevant citizen of the Union is not validly nominated as an individual candidate or as a candidate on a registered party’s list unless one of Conditions A and B is met.

(2) Condition A is that a declaration under paragraph (4) is delivered to the returning officer, whether before or after the notice of election is published, but not later than 4 p.m. on the twenty-fourth day before the date of the poll.

(3) Condition B is that a declaration under paragraph (4) and information under paragraph (5) are delivered at the place and within the time for the delivery of nomination papers.

(4) The declaration referred to in paragraphs (2) and (3) must be made by the candidate and must state, in addition to the candidate’s name—

(a) the candidate’s nationality, date and place of birth, last address in the Member State of which the candidate is a national and home address in the United Kingdom or Gibraltar;

(b) that the candidate is not standing for election to the European Parliament in any other Member State;

(c) where the candidate’s name has been entered on an electoral roll in a locality or constituency in the Member State of which the candidate is a national, the name of the locality or constituency where, so far as the candidate knows, the candidate’s name was last entered; and

(d) that the candidate has not been deprived of the right to stand as a candidate through a relevant disqualifying decision in the Member State of which the candidate is a national.

(5) The information referred to in paragraph (3) is information which—

(a) has been provided to the candidate by the designated contact point in the Member State of which the candidate is a national; and

(b) states either that the candidate has not been deprived of the right to stand as a candidate in that State through a relevant disqualifying decision or that no such disqualification is known to the designated contact point.

(6) Where the returning officer receives a declaration under paragraph (4) delivered in accordance with Condition A or B, the returning officer must send a copy to the Secretary of State as soon as practicable after the declaration is received.

(7) In this rule and in rule 9A, “electoral roll” and “locality or constituency” have the same meaning as they have in Council Directive 93/109/EC, and “designated contact point” means a contact point designated by a Member State in accordance with Article 6(3) of that Directive.]

Textual Amendments

F2 Sch. 1 rule 9 substituted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 19

[F3 Request for information where candidate is relevant citizen of the Union E+W+S

9A.— (1) This rule applies where the candidate is a relevant citizen of the Union and the Secretary of State has received a copy of a declaration in accordance with rule 9(6).

(2) The Secretary of State must send a notice to the designated contact point in the Member State of which the candidate is a national.

(3) The notice referred to in paragraph (2)—

(a) must notify the Member State of the declaration made by the candidate under rule 9(4);

(b) must ask whether the candidate has been deprived of the right to stand as a candidate through a relevant disqualifying decision in that Member State; and

(c) may request a response by a specified date.

(4) The Secretary of State must send to the returning officer a copy of any response to the notice as soon as practicable after the response is received.]

Textual Amendments

F3 Sch. 1 rule 9A inserted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 20

Deposit E+W+S

10.— (1) A person shall not be validly nominated as an individual candidate unless the sum of £5,000 is deposited by him or on his behalf with the returning officer at the place and during the time for delivery of nomination papers.

(2) A registered party shall not be validly nominated unless the sum of £5,000 is deposited on its behalf with the returning officer at the place and during the time for the delivery of nomination papers.

(3) The deposit may be made either—

(a) by the deposit of any legal tender, or

(b) by means of a banker’s draft, or

(c) with the returning officer’s consent, in any other manner (including by means of a debit or credit card or the electronic transfer of funds),

but the returning officer may refuse to accept a deposit sought to be made by means of a banker’s draft if he does not know that the drawer carries on a business as a banker in the United Kingdom or Gibraltar.

(4) Where the deposit is made on behalf of the registered party or individual candidate, the person making the deposit must at the time he makes it give his name and address to the returning officer (unless they have previously been given to him under regulation 33, 34 or 38 of these Regulations).

Place for delivery of nomination papers E+W+S

11.   The returning officer must fix the place in the electoral region at which nomination papers are to be delivered to him, and must attend there during the time for their delivery and for the making of objections to them.

Right to attend nomination E+W+S

12.— (1) Except for the purpose of delivering a nomination paper or of assisting the returning officer, no person is entitled to attend the proceedings during the time for delivery of nomination papers or for making objections to them unless he is—

(a) a person standing nominated as an individual candidate or included in a list under rule 7; or

(b) the election agent of a registered party which has submitted a nomination paper or of an individual candidate; or

(c) a person authorised in writing to deliver a nomination paper; or

(d) a person who is entitled to attend by virtue of section 6A or 6B of the 2000 Act.

(2) The right to attend conferred by this rule includes the right—

(a) to inspect; and

(b) to object to the validity of,

any nomination paper or list of candidates.

(3) Paragraph (2) does not apply to a person mentioned in paragraph (1)(d).

(4) One other person chosen by each candidate is entitled to be present at the delivery of the candidate’s nomination, and may afterwards, so long as the candidate stands nominated, attend the proceedings referred to in paragraph (1) but without any such right as is conferred by paragraph (2).

Decisions as to validity of nomination papers E+W+S

13.— (1) Where, in the case of an individual candidate, a nomination paper and the candidate’s consent to it (and, where required, [F4 a declaration under rule 9(4) or, as the case may be, a declaration under rule 9(4) and information under rule 9(5)]) are delivered and a deposit is made in accordance with these rules, the candidate must be deemed to stand nominated unless and until—

(a) the returning officer decides that the nomination paper is invalid; or

(b) proof is given to the returning officer’s satisfaction of the candidate’s death; or

(c) the candidate withdraws.

(2) Where, in the case of a registered party, a nomination paper and list under rule 7 are delivered and a deposit is made in accordance with these rules, the party and (subject to paragraph (5)) the candidates on its list must be deemed to stand nominated unless and until the returning officer determines that the nomination paper or list is invalid.

(3) The returning officer is entitled to hold a nomination paper of an individual candidate invalid only on one of the following grounds—

(a) that the particulars of the candidate are not as required by law;

(b) that the candidate is disqualified by the Representation of the People Act 1981 (which applies in respect of the office of MEP by virtue of section 10(1)(a) of the 2002 Act) or any corresponding provision in respect of detained offenders in Gibraltar made under section 10(4A) of the 2002 Act;

[F5 (c) the candidate is a relevant citizen of the Union and the returning officer has received, under rule 9A(4), information that the candidate has been deprived of the right to stand as a candidate through a relevant disqualifying decision in the Member State of which the candidate is a national.]

(4) The returning officer is entitled to hold a nomination paper of a registered party, together with the list of candidates accompanying it, invalid only on one of the following grounds—

(a) that the contents of the nomination paper are not as required by law; and

(b) that the number of candidates in the list breaches rule 7(1).

(5) Where—

(a) the particulars of any candidate in the list of candidates accompanying the nomination paper of a registered party are not as required by law;

(b) the consent to nomination of any such candidate is not delivered in accordance with these rules; F6 ...

(c) any such candidate is a relevant citizen of the Union and [F7 neither Condition A nor Condition B in rule 9 has been met in relation to that candidate][F8 ; or

(d) any such candidate is a relevant citizen of the Union and the returning officer has received, under rule 9A(4), information that the candidate has been deprived of the right to stand as a candidate through a relevant disqualifying decision in the Member State of which the candidate is a national,]

the returning officer must delete the name and address of that candidate from the list.

(6) The returning officer must give his decision on any objection to a nomination paper—

(a) as soon as practicable after it is made; and

(b) in any event, before the end of the period of 24 hours starting with the close of the

period for delivery of nomination papers set out in the Timetable in rule 1.

(7) If, in the returning officer’s opinion a nomination paper breaches rule 5(2) or (4), he must give a decision to that effect—

(a) as soon as practicable after the delivery of the nomination paper; and

(b) in any event, before the end of the period of 24 hours starting with the close of the period for delivery of nomination papers set out in the Timetable in rule 1.

(8) Where the returning officer decides that a nomination paper is invalid, he must endorse on the paper the fact and the reasons for his decision and sign the paper.

(9) Where the returning officer deletes any name from the list of candidates of a registered party, he must endorse on the nomination paper the fact and the reasons for his decision to do so and sign the paper.

(10) The returning officer’s decision that a nomination paper and, where applicable, its accompanying list, is valid is final and may not be questioned in any proceedings whatsoever.

(11) Subject to paragraph (10), nothing in this rule prevents the validity of a nomination being questioned on an election petition.

Textual Amendments

F4 Words in Sch. 1 rule 13(1) substituted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 21(1)

F5 Sch. 1 rule 13(3)(c) inserted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 21(2)

F6 Word in Sch. 1 rule 13(5)(b) omitted (1.1.2014) by virtue of The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 21(3)(a)

F7 Words in Sch. 1 rule 13(5)(c) substituted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 21(3)(b)

F8 Sch. 1 rule 13(5)(d) and preceding word inserted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 21(3)(c)

Withdrawal of candidates E+W+S

14.— (1) An individual candidate may withdraw his candidature by notice of withdrawal—

(a) signed by him and attested by one witness, and

(b) delivered to the returning officer at the place for delivery of nomination papers.

(2) The nominating officer of a registered party or a person authorised in writing by him may withdraw that party’s nomination by notice of withdrawal signed by him and delivered to the returning officer at the place for delivery of nomination papers.

Publication of statement of persons nominated E+W+S

15.— (1) The returning officer must prepare and publish a statement (“the statement of parties and individual candidates nominated”) showing—

(a) the registered parties which have been and stand nominated, together with the list of persons who stand as candidates of those parties;

(b) persons who have been and stand nominated as individual candidates; and

(c) any other persons or parties who have been nominated (whether on a list of a registered party or as individual candidates) together with the reason why they no longer stand nominated.

(2) The statement must show the names followed by the descriptions, if any, of registered parties which have been and stand nominated in alphabetical order, with the names, home addresses of the candidates who appear on the list of each party as given in that list and arranged in the order in which their names appear on that list.

(3) The statement must show the names followed by descriptions, if any, and addresses of the persons nominated as individual candidates as given in their nomination papers.

(4) If a nomination paper or list gives a commonly used surname or forename of a candidate in addition to another name, the statement must show the person’s commonly used surname or forename (as the case may be) instead of any other name.

(5) Paragraph (4) does not apply if the returning officer thinks—

(a) that the use of the person’s commonly used name may be likely to mislead or confuse electors, or

(b) that the commonly used name is obscene or offensive.

(6) If paragraph (5) applies, the returning officer must give notice in writing to the candidate and party whose list contains the candidate’s name of his reasons for refusing to allow the use of a commonly used name.

(7) The statement must show the persons standing nominated as individual candidates after the names of the registered parties standing nominated and the names of those candidates must be arranged alphabetically in order of their surnames, and, if there are two or more of them with the same surname, of their other names.

(8) The returning officer must send to the Electoral Commission a copy of the statement.

Correction of minor errors E+W+S

16.— (1) A returning officer may, if he thinks fit, at any time before the publication under rule 15 of the statement of parties and individual candidates nominated, correct minor errors in a nomination paper or list.

(2) Errors which may be corrected include obvious errors of spelling in relation to the details of a candidate or the authorised description of a registered party.

(3) Anything done by a returning officer in pursuance of this rule may not be questioned in any proceedings other than proceedings on an election petition.

(4) A returning officer must have regard to any guidance issued by the Electoral Commission for the purposes of this rule.

Local publication of statement under rule 15 E+W+S

17.— (1) Immediately following publication of the statement of parties and individual candidates nominated, the returning officer must forward a copy of it to the local returning officer for each local counting area in the electoral region.

(2) As soon as practicable after receipt of the copy of the statement, each local returning officer must publish it at a place within the area for which he acts.

Disqualification by Representation of the People Act 1981 E+W+S

18.— (1) If it appears to the returning officer that any of the persons nominated as an individual candidate might be disqualified by the Representation of the People Act 1981 (which applies in respect of the office of MEP by virtue of section 10(1)(a) of the 2002 Act) or any corresponding provision in respect of detained offenders in Gibraltar made under section 10(4A) of the 2002 Act he must, as soon as practicable after the expiry of the time allowed for the delivery of nomination papers, prepare and publish a draft of that part of the statement of parties and individual candidates nominated as is required by rule 15(1)(b).

(2) The draft must be headed “draft statement of individual candidates nominated” and must contain a notice stating that any person who wishes to object to the nomination of any individual candidate on the ground that he is disqualified for nomination under the Representation of the People Act 1981 or any corresponding provision in respect of detained offenders in Gibraltar made under section 10(4A) of the 2002 Act may do so between the hours of 10 a.m. and 4 p.m. and at the place specified in the notice; and the day so specified must be the day after the last day for the delivery of nomination papers.

Adjournment of nomination proceedings in case of riot E+W+S

19.— (1) Where the proceedings for or in connection with nomination are on any day interrupted or obstructed by riot or open violence—

(a) the proceedings must be abandoned for that day; and

(b) if that day is the last day for the delivery of nomination papers, the proceedings must be continued on the next day as if that were the last day of such delivery,

and that day must be treated for the purposes of these rules as being the last day for such delivery (subject to any further application of this rule in the event of interruption or obstruction on that day).

(2) Where proceedings are abandoned by virtue of this rule, nothing—

(a) may be done after they are continued if the time for doing it had passed at the time of the abandonment;

(b) done before the abandonment is invalidated by reason of the abandonment.

Method of election E+W+S

20.— (1) If the statement of parties and individual candidates nominated shows more candidates than there are seats to be filled, a poll must be taken in accordance with Part 3 of these rules.

(2) If the statement of parties and individual candidates nominated shows a number of candidates (whether on a registered party’s list or individual candidates) which is the same as or less than the number of seats to be filled, those candidates must be declared to be elected in accordance with Part 4 of these rules.]