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European Assembly Elections Act 1978

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This is the original version (as it was originally enacted).

3(1)Each general election of representatives to the Assembly shall be held on a day appointed by order of the Secretary of State.

(2)Subject to sub-paragraph (4) below, where, an Assembly election having been held in any particular Assembly constituency, the seat of a representative to the Assembly is or falls vacant, a by-election shall be held to fill the vacancy.

(3)A by-election in pursuance of sub-paragraph (2) above shall be held on a day appointed by order of the Secretary of State, being a day not later than six months after the occurrence of either of the following events, namely—

(a)notification of the vacancy by the Assembly under Article 12(2); or

(b)declaration of the vacancy by the Secretary of State.

(4)A by-election need not be held if the latest date for holding it would fall on or after the relevant Thursday (that is to say the Thursday with which the next period for holding elections to the Assembly in all the member States would begin in accordance with Article 10(2) in the absence of any determination by the Council thereunder).

(5)A statutory instrument made under this paragraph shall be laid before Parliament after being made.

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