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European Parliamentary Elections (Northern Ireland) Regulations 2004

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The European Parliamentary Elections (Northern Ireland) Regulations 2004 No. 1267

  1. Introductory Text

  2. PART 1 General

    1. 1.Citation, commencement and extent

    2. 2.Interpretation

    3. 3.Conduct of poll and count in the electoral region

    4. 4.Deputies and assistance

    5. 5.Polling districts and places

    6. 6.Rules for European Parliamentary elections

    7. 7.Manner of voting

    8. 8.Absent vote at elections for an indefinite period

    9. 9.Absent vote at a particular election and absent voters list

    10. 10.Proxies at elections

    11. 11.Voting as proxy

    12. 12.Offences as to declarations

    13. 13.Absent voting

    14. 14.Modification of the Regulations for 2004 elections

    15. 15.Returning officers

    16. 16.Payments by and to returning officers

    17. 17.Taxation of returning officer’s account

    18. 18.Effect of registers

    19. 19.Effect of misdescription

    20. 20.Discharge of registration duties

    21. 21.Payment of expenses of registration

    22. 22.Registration appeals

    23. 23.Personation

    24. 24.Offences relating to specified documents

    25. 25.Other voting offences

    26. 26.Breach of official duty

    27. 27.Tampering with nomination papers, ballot papers, etc

    28. 28.False statement in nomination papers

    29. 29.Offences in connection with candidature

    30. 30.Requirement of secrecy

    31. 31.Prohibition on publication of exit polls

  3. PART 2 The Election Campaign

    1. 32.Interpretation of Part 2

    2. 33.Computation of time for purposes of Part 2

    3. 34.Appointment of election agent

    4. 35.Appointment of sub-agent

    5. 36.Office of election agent and sub-agent

    6. 37.Effect of default in election agent’s appointment

    7. 38.Control of donations to candidates

    8. 39.Payment of expenses through election agent

    9. 40.Candidate’s personal expenses, and petty expenses

    10. 41.Expenses incurred otherwise than for election purposes

    11. 42.Prohibition of expenses not authorised by election agent

    12. 43.Limitation of election expenses for candidates

    13. 44.Time for sending in and paying claims

    14. 45.Disputed claims

    15. 46.Election agent’s claim

    16. 47.Return as to election expenses

    17. 48.Declarations as to election expenses

    18. 49.Penalty for failure as respects return or declarations

    19. 50.Authorised excuses for failures as to return and declarations

    20. 51.Court’s power to require information from election agent or sub-agent

    21. 52.Duty of appropriate officer to forward returns and declarations to Electoral Commission

    22. 53.Publication of time and place for inspection of returns and declarations

    23. 54.Inspection of returns and declarations

    24. 55.Meaning of “election expenses”

    25. 56.Incurring of election expenses for purposes of regulation 55

    26. 57.Property, goods, services etc provided free of charge or at a discount

    27. 58.Candidate’s right to send election address post free

    28. 59.Broadcasting from outside United Kingdom

    29. 60.Broadcasting of local items during election period

    30. 61.Imitation poll cards

    31. 62.Disturbances at election meetings

    32. 63.Officials not to act for candidates

    33. 64.Illegal canvassing by police officers

    34. 65.False statements as to candidates

    35. 66.Corrupt withdrawal from candidature

    36. 67.Payments for exhibition of election notices

    37. 68.Details to appear on election publications

    38. 69.Prohibition of paid canvassers

    39. 70.Providing money for illegal purposes

    40. 71.Bribery

    41. 72.Treating

    42. 73.Undue influence

    43. 74.Rights of creditors

    44. 75.Savings as to European Parliamentary elections

  4. PART 3 Vacancies

    1. 76.By-elections

  5. PART 4 Legal Proceedings

    1. 77.Interpretation of Part 4

    2. 78.Computation of time for purposes of Part 4

    3. 79.Method of questioning European Parliamentary elections

    4. 80.Presentation and service of European Parliamentary election petitions

    5. 81.Time for presentation or amendment of European Parliamentary election petition

    6. 82.Constitution of election court and place of trial

    7. 83.Judges' expenses

    8. 84.Security for costs

    9. 85.Petition at issue

    10. 86.List of petitions

    11. 87.Trial of election issue

    12. 88.Witnesses

    13. 89.Duty to answer relevant questions

    14. 90.Expenses of witnesses

    15. 91.Conclusion of trial of European Parliamentary election petition

    16. 92.Special case for determination of the High Court

    17. 93.Withdrawal of petition

    18. 94.Costs of petition

    19. 95.Neglect or refusal to pay costs

    20. 96.Appeals and jurisdiction

    21. 97.Persons convicted of corrupt or illegal practices

    22. 98.Application for relief

    23. 99.Prosecutions for corrupt practices

    24. 100.Prosecutions for illegal practices

    25. 101.Conviction of illegal practice on charge of corrupt practice

    26. 102.Mitigation and remission etc

    27. 103.Illegal payments

    28. 104.Time limit for prosecution

    29. 105.Prosecution of offences committed outside the United Kingdom

    30. 106.Offences by associations

    31. 107.Evidence by certificate of holding of elections

    32. 108.Evidence by certificate of electoral registration

    33. 109.Director of Public Prosecutions

    34. 110.Costs

    35. 111.Service of notices

  6. PART 5 Miscellaneous

    1. 112.Public notices and declarations

    2. 113.Remuneration for free postal services provided under the Regulations

    3. 114.Rateability of premises

    4. 115.Combination of polls

    5. 116.Revocation

  7. Signature

    1. SCHEDULE 1


      1. PART I Provisions as to time

        1. 1.Timetable

        2. Timetable

        3. 2.Computation of time

      2. PART II Stages common to contested and uncontested elections

        1. 3.Notice of election

        2. 4.Nomination of candidates

        3. 5.Nomination papers: name of registered political party

        4. 6.Subscription of nomination paper

        5. 7.Consent to nomination

        6. 8.Candidature by relevant citizen of the Union

        7. 9.Deposit

        8. 10.Place for delivery of nomination papers

        9. 11.Right to attend nomination

        10. 12.Decisions as to validity of nomination papers

        11. 13.Withdrawal of candidates

        12. 14.Publication of statement of candidates nominated

        13. 15.Disqualification by Representation of the People Act 1981

        14. 16.Adjournment of nomination proceedings in case of riot

        15. 17.Method of election

      3. PART III Contested Elections

        1. 18.Poll to be taken by ballot

        2. 19.The ballot papers

        3. 20.The official mark

        4. 21.Prohibition of disclosure of vote

        5. 22.Use of schools and public rooms

        6. 23.Notice of poll

        7. 24.Postal ballot papers

        8. 25.Provision of polling stations

        9. 26.Appointment of presiding officers and clerks

        10. 27.Appointment of verifying officers and clerks

        11. 28.Issue of official poll cards

        12. 29.Equipment of polling stations

        13. 30.Appointment of polling and counting agents

        14. 31.Notification of requirement of secrecy

        15. 32.Admission to polling station

        16. 33.Keeping of order in station

        17. 34.Sealing of ballot boxes

        18. 35.Questions to be put to voters

        19. 36.Challenge of voter

        20. 37.Voting procedure

        21. 38.Votes marked by presiding officer

        22. 39.Voting by persons with disabilities

        23. 40.Tendered ballot papers

        24. 41.Refusal to deliver ballot paper

        25. 42.Spoilt ballot papers

        26. 43.Adjournment of poll in case of riot

        27. 44.Procedure on close of poll

        28. 45.Attendance at verification of ballot paper accounts

        29. 46.Procedure at verification of ballot paper accounts

        30. 47.Attendance at counting of votes

        31. 48.Interpretation of rules 49 to 59

        32. 49.Preliminary proceedings and conduct of the count

        33. 50.Rejected ballot papers

        34. 51.First stage

        35. 52.The quota

        36. 53.Transfer of votes

        37. 54.Supplementary provisions on transfer

        38. 55.Exclusion of candidates

        39. 56.Filling of last vacancies

        40. 57.Re-count

        41. 58.Order of election of candidates

        42. 59.Decisions of returning officer

      4. PART IV Final Proceedings

        1. 60.Declaration of result

        2. 61.Return or forfeiture of candidate’s deposit

      5. PART V Disposal of Documents

        1. 62.Sealing up of ballot papers

        2. 63.Retention of documents by the returning officer

        3. 64.Orders for production of documents

        4. 65.Retention and public inspection of documents

      6. PART VI Death of a Candidate

        1. 66.Countermand or abandonment of poll on death of candidate


    2. SCHEDULE 2


      1. PART I Applications

        1. 1.Interpretation of Part I

        2. 2.General requirements for applications for an absent vote

        3. 3.Additional requirements for applications for the appointment of a proxy

        4. 4.Additional requirements for applications on grounds of physical incapacity or blindness

        5. 5.Additional requirements for applications based on occupation, service, employment or attendance on a course

        6. 6.Additional requirements for applications in respect of a particular election

        7. 7.Additional requirements for applications by proxies to vote by post at a particular election

        8. 8.Closing date for applications

        9. 9.Grant or refusal of applications

        10. 10.Notice of appeal

        11. 11.Cancellation of proxy appointment

        12. 12.Inquiries by registration officer

        13. 13.Records and lists kept under regulations 8, 9 and 11

        14. 14.Marked register for polling stations

      2. PART II

        1. Issue and receipt of postal ballot papers

          1. 15.Interpretation of Part II

        2. Issue of postal ballot papers

          1. 16.Form of declaration of identity

          2. 17.Persons entitled to be present at proceedings on issue and receipt of postal ballot papers

          3. 18.Agents of candidates who may attend proceedings on issue or receipt of postal ballot papers

          4. 19.Notification of requirement of secrecy

          5. 20.Notice of issue of postal ballot papers

          6. 21.Procedure on issue of postal ballot paper

          7. 22.Refusal to issue postal ballot paper

          8. 23.Envelopes

          9. 24.Sealing up of counterfoils and security of special lists

          10. 25.Delivery of postal ballot papers

          11. 26.Spoilt postal ballot papers

        3. Receipt of postal ballot papers

          1. 27.Notice of opening of postal ballot paper envelopes

          2. 28.Postal ballot boxes and receptacles

          3. 29.Receipt of covering envelope

          4. 30.Opening of postal voters' ballot box

          5. 31.Opening of covering envelopes

          6. 32.Procedure in relation to declarations of identity on receipt of covering envelope

          7. 33.Opening of ballot paper envelopes

          8. 34.Sealing of receptacles

          9. 35.Abandoned poll

          10. 36.Retention of documents


    3. SCHEDULE 3


      1. 1.This Schedule applies in the circumstances set out in regulation...

      2. 2.In regulation 2, in the definition of “elector”, after the...

      3. 3.In regulation 18, insert after paragraph (3)—

      4. 4.In regulation 25(1), for the words “For the purposes of...

      5. 5.In paragraph 20 of Schedule 2, after sub-paragraph (2) insert—...

    4. SCHEDULE 4


      1. PART I Introductory

        1. 1.Operation and interpretation of Schedule

        2. 2.Donations: general rules

        3. 3.Sponsorship

        4. 4.Payments etc not to be regarded as donations

        5. 5.Value of donations

      2. PART II Controls on donations

        1. 6.Prohibition on accepting donations from impermissible donors

        2. 7.Acceptance or return of donations

        3. 8.Transfer of donations received by candidate to election agent

        4. 9.Evasion of restrictions on donations

      3. PART III Reporting of donations

        1. 10.Statement of relevant donations

        2. 11.Donations from permissible donor

        3. 12.Donations from impermissible donors

    5. SCHEDULE 5


    6. SCHEDULE 6


      1. General

        1. 1.This Schedule applies in the circumstances set out in regulation...

        2. 2.In this Schedule, and in any provision modified by this...

      2. European Parliamentary Elections Rules

        1. 3.In rule 19(2) (ballot papers), after sub-paragraph (d) insert—

        2. 4.In rule 23 (notice of poll), after paragraph (2) insert—...

        3. 5.In rule 28 (issue of official poll cards), after paragraph...

        4. 6.In rule 29 (equipment of polling stations)—

        5. 7.In rule 32(1) (admission to polling station), after sub-paragraph (f)...

        6. 8.In rule 35 (questions to be put to voters), in...

        7. 9.In rule 37 (voting procedure), after paragraph (9) insert —...

        8. 10.In rule 38 (votes marked by presiding officer) after paragraph...

        9. 11.In rule 39 (voting by persons with disabilities) after paragraph...

        10. 12.In rule 40 (tendered ballot papers) after paragraph (6) insert—...

        11. 13.In rule 44 (procedure on close of poll)—

        12. 14.At the end of rule 49 (preliminary proceedings and conduct...

        13. 15.In rule 66 (countermand or abandonment of poll on death...

      3. Absent Voting

        1. 16.After paragraph 15 of Schedule 2 insert— Combination of polls...

        2. 17.In paragraph 16 of Schedule 2, for “in Form G...

        3. 18.In paragraph 21 of Schedule 2, at the end insert—...

        4. 19.In paragraph 23 of Schedule 2, at the end insert—...

        5. 20.In the Appendix of Forms at the end of Schedule...

    7. SCHEDULE 7


  8. Explanatory Note

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