The European Parliamentary Elections Regulations 2004

PART 4 E+W+S Final Proceedings

Declaration of result E+W+S

56.—(1) In a contested election, when the result of the allocation and filling of seats has been ascertained, the returning officer shall—

(a) forthwith declare to be elected those candidates on a registered party’s list by whom seats are filled and those individual candidates to whom seats are allocated under rules 54 and 55;

(b) prepare a statement setting out—

(i) the total number of valid votes (as notified to him) given to each registered party and individual candidate;

(ii) the number of votes which such a party or candidate had, after the application of subsections (4) to (9) of section 2 of the 2002 Act, at any stage when a seat was allocated to that party or candidate;

(iii) the names in full and home address in full of each candidate who fills a seat or to whom a seat has been allocated; and

(iv) whether, in the case of a party, there are remaining candidates on that party’s list who have not been declared to be elected; and

(c) give public notice of that statement and send a copy to the Secretary of State.

(2) In the case of an uncontested election, the statement of parties and individual candidates nominated, in addition to showing the registered parties, the candidates on the list of those parties and individual candidates standing nominated, shall also declare to be elected any candidate so shown; and the returning officer shall send a copy of that statement and declaration to the Secretary of State.

Return or forfeiture of candidate's deposit E+W+S

57.—(1) The deposit made under rule 10 of these rules shall either be returned to the person making it or his personal representatives or be forfeited to Her Majesty.

(2) Except in the cases mentioned below in this rule, the deposit shall be returned not later than the next day after that on which the result of the election is declared.

(3) For the purposes of paragraph (2)—

(a) a day shall be disregarded if it would be disregarded under rule 2 in computing any period of time for the purposes of the timetable for an election of the kind in question; and

(b) the deposit shall be treated as being returned on a day if a cheque for the amount of the deposit is posted on that day.

(4) Where—

(a) a registered party or an individual candidate is not shown as standing nominated in the statement of parties and individual candidates nominated, or

(b) in the case of an individual candidate, the candidate has died,

the deposit shall be returned as soon as practicable after the publication of that statement or the time when the returning officer is satisfied of the candidate’s death, as the case may be.

(5) Subject to paragraph (3) the deposit shall be forfeited if a poll is taken and, after the total number of valid votes for each registered party and individual candidate has been ascertained under rule 54(1), the party or candidate is found not to have polled more than one-fortieth of the total number of votes polled by all the parties and candidates.