The European Parliamentary Elections Regulations 2004

[F1 PART 4 E+W+S FINAL PROCEEDINGS IN 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

Declaration of result E+W+S

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

(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 [F2 rules 59, 60 and 60A];

(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 (5) 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

(v) 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, must also declare to be elected any candidate so shown; and the returning officer must send a copy of that statement and declaration to the Secretary of State.

(3) The returning officer for the combined region must also send a copy of the statement in paragraphs (1)(b) and (2) to the Chief Secretary of the Government of Gibraltar.

Textual Amendments

F2 Words in Sch. 1 rule 61(1)(a) substituted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 29

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

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

(2) Except in the cases mentioned in paragraphs (4) and (5), the deposit must 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 must be disregarded if it would be disregarded under rule 2(1) in computing any period of time for the purposes of the Timetable in rule 1 for an election of the kind in question; and

(b) the deposit must 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 must 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 (4), the deposit must 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 59(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.]