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European Parliamentary Elections Act 1999

Status:

This is the original version (as it was originally enacted).

SCHEDULES

Section 2.

SCHEDULE 1New Schedule 2 to the European Parliamentary Elections Act 1978

Schedule 2Electoral Regions in England

Electoral regions

1The electoral regions for England shall be those listed in the Table below.

2(1)Subject to sub-paragraph (2), a reference in the Table to a local government or administrative area is a reference to that area as it is for the time being.

(2)Where an area specified in column (2) of the Table is altered, the alteration shall not have effect for the purposes of this Act until the first general election of MEPs at which the poll in the United Kingdom takes place after the alteration comes into force for all other purposes.

Number of MEPs elected for each region

3The number of MEPs elected for each electoral region in England shall be the number specified in column (3) of the Table.

4(1)As soon as possible after 16th February in each pre-election year the Secretary of State shall—

(a)consider whether the ratio of registered electors to MEPs is as nearly as possible the same for every electoral region in England, and

(b)make by order such amendments of column (3) of the Table as he considers necessary to ensure that result.

(2)An order under sub-paragraph (1) shall not alter the total number of MEPs elected for electoral regions in England.

(3)For the purposes of sub-paragraph (1) the Secretary of State shall consider the number of registered electors as at 16th February of the pre-election year.

(4)For the purposes of sub-paragraph (1) a registered elector for an electoral region is a person whose name appears in a relevant register, or part of a relevant register, which relates to the region, other than a person who is—

(a)a relevant citizen of the Union within the meaning of section 202(1) of the Representation of the [1983 c. 2.] People Act 1983 (interpretation), and

(b)registered only for the purposes of local government elections.

(5)The relevant registers are—

(a)registers of parliamentary electors;

(b)registers of local government electors;

(c)registers of peers maintained under section 3(2) to (9) of the Representation of the [1985 c. 50.] People Act 1985 (peers resident outside the United Kingdom);

(d)registers maintained under regulation 9 of the European Parliamentary Elections (Changes to the [S.I. 1994/342.] Franchise and Qualification of Representatives) Regulations 1994 (relevant citizens of the European Union).

(6)In this paragraph “pre-election year” means any year after 2002 which immediately precedes a year in which general elections would be held in accordance with Article 10(2).

(7)A statutory instrument made under sub-paragraph (1) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

TABLE
(1)(2)(3)
Name of regionCounties, &c. includedNumber of MEPs
East Midlands

County of Derbyshire

County of Derby

County of Leicester

County of Leicestershire

County of Lincolnshire

County of Northamptonshire

County of Nottinghamshire

County of Nottingham

County of Rutland

6
Eastern

County of Bedfordshire

County of Cambridgeshire

County of Essex

County of Hertfordshire

County of Luton

County of Norfolk

County of Peterborough

County of Southend-on-Sea

County of Suffolk

County of Thurrock

8
LondonThe administrative area of Greater London10
North East

County of Darlington

County of Durham

County of Hartlepool

County of Middlesbrough

County of Northumberland

County of Redcar and Cleveland

County of Stockton-on-Tees

County of Tyne and Wear

4
North West

County of Blackburn with Darwen

County of Blackpool

County of Cheshire

County of Cumbria

County of Greater Manchester

County of Halton

County of Lancashire

County of Merseyside

County of Warrington

10
South East

County of Berkshire

County of Brighton and Hove

County of Buckinghamshire

County of East Sussex

County of Hampshire

County of Isle of Wight

County of Kent

County of the Medway Towns

County of Milton Keynes

County of Oxfordshire

County of Portsmouth

County of Southampton

County of Surrey

County of West Sussex

11
South West

County of Bath and North East Somerset

County of Bournemouth

County of the City of Bristol

County of Cornwall

County of Devon

County of Dorset

County of Gloucestershire

County of North Somerset

County of Plymouth

County of Poole

County of Somerset

County of South Gloucestershire

County of Swindon

County of Torbay

County of Wiltshire

Isles of Scilly

7
West Midlands

County of Herefordshire

County of Shropshire

County of Staffordshire

County of Stoke-on-Trent

County of Telford and Wrekin

County of Warwickshire

County of West Midlands

County of Worcestershire

8
Yorkshire & The Humber

County of the City of Kingston upon Hull

County of the East Riding of Yorkshire

County of North East Lincolnshire

County of North Lincolnshire

County of North Yorkshire

County of South Yorkshire

County of West Yorkshire

County of York

7

Section 3(1).

SCHEDULE 2Minor and Consequential Amendments of Schedule 1 to the European Parliamentary Elections Act 1978

1Schedule 1 to the [1978 c. 10.] European Parliamentary Elections Act 1978 (simple majority system for Great Britain and single transferable vote system for Northern Ireland) shall be amended as follows.

2For the title substitute “System of Election, &c.”.

3Omit paragraph 1.

4Omit paragraph 2(1) and (2).

5In paragraph 2(3)(a), omit “(including the registration of electors and the limitation of candidates' election expenses)”.

6After paragraph 2(3) insert—

(3A)Regulations under this paragraph may make provision (including the creation of criminal offences)—

(a)about the limitation of election expenses (including expenses incurred in relation to a general election as a whole);

(b)for the allocation of seats in the case of an equality of votes;

(c)for securing that no person stands for election more than once at a general election.

For the purposes of this sub-paragraph a person stands for election if he is nominated as a candidate or is included in a party’s list of candidates.

(3B)Regulations under this paragraph shall, in relation to an election in an electoral region in Great Britain, make provision for the nomination of registered parties, including provision requiring a nomination to be accompanied by a list of candidates numbering no more than the MEPs to be elected for that region..

7In paragraph 2(4), omit paragraph (c).

8For paragraph 3 substitute—

Filling of vacancies

3(1)Regulations under paragraph 2 shall include provision prescribing the procedure to be followed when a seat is or becomes vacant.

(2)The regulations may—

(a)include provision requiring a by-election to be held in specified circumstances (and provision modifying section 3 in its application to by-elections);

(b)require a seat last filled from a party’s list of candidates to be filled, in specified circumstances, from such a list (without a by-election).

(3)Where regulations provide for a by-election to be held—

(a)the poll shall take place on a day, appointed by order of the Secretary of State, within such period as may be specified in the regulations, but

(b)the regulations may enable the Secretary of State to decline to appoint a day in certain circumstances.

(4)A statutory instrument containing an order made by virtue of sub-paragraph (3) shall be laid before Parliament after being made..

9For paragraph 4 substitute—

Returning officers

4(1)There shall be a returning officer for each electoral region who shall be—

(a)in the case of a region in England and in the case of Wales, a person who—

(i)is an acting returning officer by virtue of section 28(1) of the Representation of the [1983 c. 2.] People Act 1983, and

(ii)is designated for the purposes of this sub-paragraph by order of the Secretary of State;

(b)in the case of Scotland, a person who—

(i)is a returning officer by virtue of section 25 of that Act, and

(ii)is designated for the purposes of this sub-paragraph by order of the Secretary of State;

(c)in the case of Northern Ireland, the Chief Electoral Officer.

(2)Regulations under paragraph 2 may confer functions on the returning officers for electoral regions and on persons who are, in relation to parliamentary elections—

(a)in the case of England and Wales, acting returning officers, or

(b)in the case of Scotland, returning officers.

(3)The council of a relevant area which is wholly or partly within an electoral region shall place the services of their officers at the disposal of any person on whom functions in relation to that region are conferred in accordance with sub-paragraph (2), for the purpose of assisting him in the discharge of those functions.

(4)In sub-paragraph (3), “relevant area” means—

(a)a district or London borough in England,

(b)a county or county borough in Wales, and

(c)a local government area in Scotland..

10In paragraph 5—

(a)for “representative to”, in each place, substitute “Member of”,

(b)for “constituency”, in each place where it occurs in relation to a European Parliamentary constituency, substitute “electoral region”,

(c)for sub-paragraph (4) substitute—

(4)If a person who is disqualified under this paragraph for the office of MEP is returned as an MEP under—

(a)section 3, or

(b)regulations made in accordance with paragraph 3(1),

his return shall be void and his seat vacant.

(4A)If a person who is disqualified under this paragraph for the office of MEP for a particular electoral region is returned as an MEP for that region under—

(a)section 3, or

(b)regulations made in accordance with paragraph 3(1),

his return shall be void and his seat vacant., and

(d)in sub-paragraph (5), for “elected” substitute “returned”.

11(1)Paragraph 6 shall be amended as follows.

(2)For sub-paragraph (1) substitute—

6(1)Any person may apply to the court for a declaration or, as the case may be, a declarator that a person who purports to be an MEP—

(a)is disqualified, or

(b)was disqualified at the time when, or at some time since, he was returned as an MEP under section 3 or under regulations made in accordance with paragraph 3(1).

(1A)The decision of the court on an application under this paragraph shall be final..

(3)In sub-paragraph (2), for “£200” substitute “£5,000”.

(4)In sub-paragraph (5)—

(a)for “constituency”, in each place, substitute “electoral region”, and

(b)for “representative to” substitute “Member of”.

(5)At the end insert—

(6)The Secretary of State may by order substitute another figure for the figure in sub-paragraph (2).

(7)A statutory instrument made under sub-paragraph (6) shall be subject to annulment in pursuance of a resolution of either House of Parliament..

Section 3(2).

SCHEDULE 3Minor and Consequential Amendments

The European Parliamentary Elections Act 1978 (c. 10)

1In section 4(1) of the European Parliamentary Elections Act 1978 (double voting) for “representatives to the European Parliament” substitute “MEPs”.

The European Parliament (Pay and Pensions) Act 1979 (c. 50)

2In the following provisions of the European Parliament (Pay and Pensions) Act 1979 for “constituency” and “a constituency”, in each place, substitute “electoral region” and “an electoral region”—

(a)section 3(1) (resettlement grants);

(b)section 7(2) (expenses: Northern Ireland);

(c)section 8(1) (interpretation).

The Representation of the People Act 1985 (c. 50)

3(1)Section 3 of the Representation of the People Act 1985 (extension of franchise for European Parliamentary elections) shall be amended as follows.

(2)Omit subsection (1).

(3)In subsections (2) to (4A) for “constituency”, in each place, substitute “electoral region”.

(4)In subsection (8) for the words from “and references to the register of local government electors” to the end substitute— and references to the register of local government elections include a reference to a register of electors prepared—

(a)for the purposes of local elections, or

(b)for the purposes of municipal elections in the City of London (that is, elections to the office of mayor, alderman, common councilman or sheriff and also elections of officers elected by the mayor, aldermen and liverymen in common hall)..

The European Parliamentary Elections (Changes to the Franchise and Qualification of Representatives) Regulations 1994 (S.I. 1994/342)

4(1)The European Parliamentary Elections (Changes to the Franchise and Qualification of Representatives) Regulations 1994 shall be amended as follows.

(2)In regulation 4 (offence of standing as a candidate in more than one Member State), omit paragraph (3).

(3)In regulations 7 and 9 (extension of the franchise to relevant citizens of the Union), for “constituency”, in each place, substitute “electoral region”.

Section 3(3).

SCHEDULE 4Repeals and Revocations

ChapterShort titleExtent of repeal
1978 c. 10.The European Parliamentary Elections Act 1978.Section 8(1).

In Schedule 1—

  • paragraph 1,

  • paragraph 2(1) and (2),

  • in paragraph 2(3)(a), the words “(including the registration of electors and the limitation of candidates election expenses)”, and

  • paragraph 2(4)(c).

1981 c. 8.The European Parliamentary Elections Act 1981.The whole Act.
1985 c. 50.The Representation of the People Act 1985.Section 3(1).
1986 c. 56.The Parliamentary Constituencies Act 1986.In Schedule 3, paragraph 5.
1993 c. 41.The European Parliamentary Elections Act 1993.Section 1.
Section 2.
The Schedule.
1994 c. 19.The Local Government (Wales) Act 1994.In Schedule 16, paragraph 54.
S.I. 1994/342.The European Parliamentary Elections (Changes to the Franchise and Qualification of Representatives) Regulations 1994.Regulation 4(3).

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