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European Parliamentary Elections Act 2002

Status:

This is the original version (as it was originally enacted).

Conduct of elections

6Returning officers

(1)There is to be a returning officer for each electoral region.

(2)For a region in England and for Wales, the returning officer is to be a person who—

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

(b)is designated for the purposes of this subsection by order of the Secretary of State.

(3)For Scotland the returning officer is to be a person who—

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

(b)is designated for the purposes of this subsection by order of the Secretary of State.

(4)For Northern Ireland the returning officer is to be the Chief Electoral Officer.

(5)The Secretary of State may by regulations confer functions on the returning officers for the 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.

(6)There are to be charged on, and paid out of, the Consolidated Fund—

(a)charges to which persons on whom functions are conferred under subsection (5) are entitled under regulations under this Act, and

(b)any sums required by the Secretary of State for expenditure on the provision of training relating to functions conferred under subsection (5).

(7)Where functions are conferred on a person under subsection (5) in relation to an electoral region, the council of a relevant area which falls wholly or partly within that region must place the services of their officers at his disposal for the purpose of assisting him in the discharge of those functions.

(8)In subsection (7), “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.

7Regulation-making powers: general

(1)The Secretary of State may, subject to the provisions of this Act, by regulations make provision as to—

(a)the conduct of elections to the European Parliament, and

(b)the questioning of such an election and the consequences of irregularities.

(2)Regulations under this Act may make provision (including the creation of criminal offences)—

(a)about the limitation of election expenses of candidates;

(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 (whether by being nominated as a candidate or by being included in a party’s list of candidates).

(3)Regulations under this Act may apply, with such modifications or exceptions as may be specified in the regulations—

(a)any provision of the Representation of the People Acts or of any other enactment relating to parliamentary elections or local government elections, and

(b)any provision made under any enactment.

(4)Regulations under this Act may amend any form contained in regulations made under the Representation of the People Acts so far as may be necessary to enable it to be used both for the purpose indicated in regulations so made and for the corresponding purpose in relation to elections to the European Parliament.

(5)Section 26 of the Welsh Language Act 1993 (c. 38) (power to prescribe Welsh version) applies in relation to regulations under this Act as it applies in relation to Acts of Parliament.

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