The European Parliamentary Elections Regulations 2004

[F1 Proxies at elections E+W+S

6.— (1) Subject to the provisions of this paragraph, any person is capable of being appointed proxy to vote for an elector at any European Parliamentary election and may vote in pursuance of the appointment.

(2) The elector cannot have more than one person at a time appointed as proxy to vote for him at European Parliamentary elections (whether in the same electoral region or elsewhere).

[F2 (2A) A person is not capable of being appointed to vote, or voting, as proxy in Great Britain at a European Parliamentary election unless the person is entitled to vote at that election in accordance with section 8 of the 2002 Act.]

(3) A person is not capable of being appointed to vote, or voting, as proxy [F3 in Gibraltar] at a European Parliamentary election—

(a) if he is subject to any legal incapacity (age apart) to vote at that election as an elector; or

(b) he is neither a Commonwealth citizen nor a citizen of the Union.

(4) A person is not capable of voting as proxy [F4 in Gibraltar] at a European Parliamentary election unless on the date of the poll he has attained the age of 18.

(5) A person is not entitled to vote as proxy at the same European Parliamentary election in any electoral region, on behalf of more than two electors of whom that person is not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild.

(6) Where the elector applies to the registration officer for the appointment of a proxy to vote for him at European Parliamentary elections, the registration officer must make the appointment if the application meets the requirements of Part 2 and he is satisfied that the elector is or will be—

(a) registered in the register of electors; and

(b) shown in the record kept under paragraph 3 as voting by proxy at such elections,

and that the proxy is capable of being, and willing to be, appointed at such elections.

(7) Where the elector applies to the registration officer for the appointment of a proxy to vote for him at a particular European Parliamentary election, the registration officer must make the appointment if the application meets the requirements of Part 2 and he is satisfied that the elector is or will be registered in the register of electors and entitled to vote by proxy at that election by virtue of an application under paragraph 4(2) or 4(4) and that the proxy is capable of being, and willing to be, appointed.

(8) The appointment of a proxy under this paragraph is to be made by means of a proxy paper in Form N in the Appendix issued by the registration officer.

(9) The appointment may be cancelled by the elector by giving notice to the registration officer and shall also cease to be in force—

(a) where the appointment related to a particular European Parliamentary election or elections, on the issue of a proxy paper appointing a different person to vote for him at a European Parliamentary election or elections (whether in the same electoral region or elsewhere); or

(b) where the appointment was for a particular period, once that period expires.

(10) Subject to sub-paragraph (9), the appointment remains in force—

(a) in the case of an appointment for a particular election, for that election; and

(b) in any other case, while the elector is shown as voting by proxy in the record kept under paragraph 3 in pursuance of the same application under that paragraph.]

Textual Amendments

F1 Sch. 2 substituted (30.1.2009) by The European Parliamentary Elections (Amendment) Regulations 2009 (S.I. 2009/186), regs. 1(2), 40, Sch. 3

F2 Sch. 2 para. 6(2A) inserted (3.3.2015) by The European Parliamentary Elections (Amendment) Regulations 2015 (S.I. 2015/459), regs. 1(2), 4(a)

F3 Words in Sch. 2 para. 6(3) inserted (3.3.2015) by The European Parliamentary Elections (Amendment) Regulations 2015 (S.I. 2015/459), regs. 1(2), 4(b)

F4 Words in Sch. 2 para. 6(4) inserted (3.3.2015) by The European Parliamentary Elections (Amendment) Regulations 2015 (S.I. 2015/459), regs. 1(2), 4(b)