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European Parliamentary Elections Act 2002

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This is the original version (as it was originally enacted).

Vacant seats

5Filling vacant seats

(1)The Secretary of State must by regulations make 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 2 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 must 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.

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