The European Parliamentary Election Petition (Amendment) Rules 2009

Statutory Instruments

2009 No. 1118 (L.12)

Representation Of The People

Supreme Court Of England And Wales

The European Parliamentary Election Petition (Amendment) Rules 2009

Made

29th April 2009

Laid before Parliament

1st May 2009

Coming into force

29th May 2009

The Civil Procedure Rule Committee, being the authority for the time being having power to make rules of court for the Supreme Court, in exercise of the power conferred on it by regulation 120 of the European Parliamentary Elections Regulations 2004(1), makes the following Rules—

Citation, commencement and interpretation

1.  These Rules may be cited as the European Parliamentary Election Petition (Amendment) Rules 2009 and come into force on 29th May 2009.

2.  In these Rules—

(a) “the 1979 Rules” means the European Parliamentary Election Petition Rules 1979(2); and

(b) a reference to a rule by number alone means the rule so numbered in the 1979 Rules.

Amendments to the 1979 Rules

3.  The 1979 Rules are amended in accordance with rules 4 and 5 of these Rules.

4.  Omit rule 2(5).

5.  In rule 5(2)(b)(ii), for “Commissioner for Oaths Ordinance” substitute “Commissioners for Oaths and Public Notaries Act 1953(3)”.

Sir Anthony Clarke, M.R.

Martin Moore-Bick, L.J.

Michael Briggs, J.

Master Barbara Fontaine

HHJ Stephen Stewart Q.C.

District Judge Robert Hill

District Judge Suzanne Burn

David di Mambro

Richard Walford

Andrew Parker

Katy Peters

David Grant

I allow these Rules

Signed by authority of the Lord Chancellor

Michael Wills

Minister of State

Ministry of Justice

29th April 2009

EXPLANATORY NOTE

(This note is not part of these Rules)

These Rules amend the European Parliamentary Election Petition Rules 1979 by replacing the reference to “Ordinance” with “Act”. The reason for the change is that Gibraltar Ordinances were renamed as Acts under the Gibraltar Constitution Order 2006.

(1)

S.I. 2004/293. Regulation 120 was made under section 7 of the European Parliamentary Elections Act 2002 (c. 24) and section 23(2) of the European Parliament (Representation) Act 2003 (c. 7).

(2)

S.I. 1979/521. There are relevant amendments in S.I. 2004/1415.

(3)

Gibraltar Act No. 1953-17. Under section 33(5) and paragraph 2 of Annex 2 to the Gibraltar Constitution Order 2006 references to Ordinances have been changed to Acts.