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European Parliamentary Elections Act 2002

Status:

This is the original version (as it was originally enacted).

SCHEDULES

Section 1.

SCHEDULE 1Electoral regions in England

Electoral regions

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

2(1)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)But where an area specified in column (2) of the Table is altered, the alteration does 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 for each region

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

4(1)Each registration officer is to notify the Secretary of State, by 28th May in each pre-election year, of the number of persons whose names appear, on 1st May in that year, in any relevant register maintained by him.

(2)As soon as possible after 1st May in each pre-election year the Secretary of State must—

(a)consider, in relation to each electoral region in England, the number of persons whose names appear on that date in (or in part of) any relevant register which relates to the region,

(b)consider whether the ratio of such persons to MEPs is as nearly as possible the same for every such region, and

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

(3)For the purposes of sub-paragraphs (1) and (2) there is to be disregarded any person who—

(a)is registered only for the purposes of local government elections, and

(b)is a citizen of the European Union but not a Commonwealth citizen or a citizen of the Republic of Ireland.

(4)An order under sub-paragraph (2) must not alter the total number of MEPs to be elected for the electoral regions in England.

(5)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) of the Act annexed to Council Decision 76/787.

(6)For the purposes of this paragraph the relevant registers are—

(a)a register of parliamentary electors;

(b)a register of local government electors;

(c)a register of peers maintained under section 3 of the Representation of the People Act 1985 (c. 50) (peers resident outside the United Kingdom);

(d)a register maintained under regulation 5 of the European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001 (S.I.2001/1184) (citizens of the European Union other than Commonwealth and Republic of Ireland citizens).

TABLE

(1)(2)(3)
Name of RegionArea IncludedNumber of MEPs
East Midlands

County of Derby

County of Derbyshire

County of Leicester

County of Leicestershire

County of Lincolnshire

County of Northamptonshire

County of Nottingham

County of Nottinghamshire

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
LondonGreater 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 and 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 14.

SCHEDULE 2Transitional provisions

1The repeal and re-enactment of provisions in this Act does not affect the continuity of the law.

2Anything done, or having effect as if done, under or for the purposes of a provision repealed by this Act (including subordinate legislation so made or having effect as if so made), and in force or effective immediately before the commencement of this Act, has effect after that commencement as if done under or for the purposes of the corresponding provision of this Act.

3A reference, express or implied, in this Act, another enactment or an instrument or document, to a provision of this Act is, subject to its context, to be read as being or including a reference to the corresponding provision repealed by this Act, in relation to times, circumstances or purposes in relation to which the repealed provision had effect.

4(1)A reference, express or implied, in any enactment, instrument or document, to a provision repealed by this Act is, subject to its context, to be read as being or including a reference to the corresponding provision of this Act, in relation to times, circumstances or purposes in relation to which that provision has effect.

(2)In particular, where a power conferred by an Act is expressed to be exercisable in relation to enactments contained in Acts passed before or in the same Session as the Act conferring the power, the power is also exercisable in relation to provisions of this Act that reproduce such enactments.

5Paragraphs 1 to 4 have effect in place of section 17(2) of the Interpretation Act 1978 (c. 30) (but are without prejudice to any other provision of that Act).

Section 15.

SCHEDULE 3Consequential amendments

European Communities Act 1972 (c. 68)

1In section 1(2) of the European Communities Act 1972 (interpretation) in the definition of “the Treaties”, and “the Community Treaties”, after paragraph (k) there is to continue to be inserted— and

(l)the decision, of 1st February 1993, of the Council amending the Act concerning the election of the representatives of the European Parliament by direct universal suffrage annexed to Council Decision 76/787/ECSC, EEC, Euratom of 20th September 1976.

Juries Act 1974 (c. 23)

2In Part 3 of Schedule 1 to the Juries Act 1974 (persons excused from jury service in England and Wales) (as amended by section 3(1) of the European Communities (Amendment) Act 1986 (c. 58)), for “Representatives to the European Parliament” and the preceding heading substitute—

European Parliament

Members of the European Parliament.

Juries (Northern Ireland) Order 1974 (S.I. 1974/2143)

3In Schedule 2 to the Juries (Northern Ireland) Order 1974 (exemptions from jury service in Northern Ireland) (as amended by section 3(1) of the European Communities (Amendment) Act 1986), for “Representatives to the European Parliament” and the preceding heading substitute—

European Parliament

Members of the European Parliament.

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

4In the European Parliament (Pay and Pensions) Act 1979, in—

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

(b)section 7(2) (expenses: Northern Ireland), and

(c)section 8(1) (interpretation),

for “constituency” and “a constituency”, in each place, there is to continue to be substituted “electoral region” and “an electoral region”.

Broadcasting Act 1996 (c. 55)

5In paragraph 30 of Schedule 10 to the Broadcasting Act 1996 (minor and consequential amendments), for “paragraph 2 of Schedule 1 to the European Parliamentary Elections Act 1978” substitute “section 7 of the European Parliamentary Elections Act 2002”.

Government of Wales Act 1998 (c. 38)

6In section 11(3)(a) of the Government of Wales Act 1998 (power to make provision about elections etc.), for “the European Parliamentary Elections Act 1978” substitute “the European Parliamentary Elections Act 2002”.

Scotland Act 1998 (c. 46)

7(1)The Scotland Act 1998 is amended as follows.

(2)In section 12(4)(a) (power to make provision about elections), for “the European Parliamentary Elections Act 1978” substitute “the European Parliamentary Elections Act 2002”.

(3)In Section B3 of Part 2 of Schedule 5 (reserved matters), for paragraph (a) substitute—

(a)the European Parliamentary Elections Act 2002.

Political Parties, Elections and Referendums Act 2000 (c. 41)

8(1)The Political Parties, Elections and Referendums Act 2000 is amended as follows.

(2)In section 7(2)—

(a)in paragraph (a) (consultation of Electoral Commission), for the words from “paragraph” to “elections)” substitute “the European Parliamentary Elections Act 2002”, and

(b)in paragraph (b) (designation of returning officers), for “paragraph 4(1)(a) or (b) of that Schedule” substitute “section 6(2)(b) or (3)(b) of that Act”.

(3)In section 8(3)(c) (functions of Secretary of State exercisable only on recommendation of Electoral Commission), for the words from “paragraph” to “1978” substitute “section 7(2)(a) of the European Parliamentary Elections Act 2002”.

Section 16.

SCHEDULE 4Repeals and revocations

EnactmentExtent of repeal or revocation
European Parliamentary Elections Act 1978 (c. 10)The whole Act.
Representation of the People Act 1983 ( c. 2)In Schedule 8, paragraphs 21 to 23.
Welsh Language Act 1993 (c. 38)Section 35(3).
European Parliamentary Elections Act 1993 (c. 41)Section 3.
European Parliamentary Elections (Changes to the Franchise and Qualification of Representatives) Regulations 1994 (S.I.1994/ 342)Regulation 3.
European Parliamentary Elections Act 1999 ( c. 1)The whole Act.
Representation of the People Act 2000 ( c. 2)In Schedule 6, paragraph 2.
Political Parties, Elections and Referendums Act 2000 (c. 41)

Section 142.

In Schedule 21, paragraph 5.

House of Commons (Removal of Clergy Disqualification) Act 2001 (c. 13 )In Schedule 1, paragraph 2.
The European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001 (S.I.2001/1184)Regulation 11(a).

TABLE OF ORIGINS

Notes:

1This Table shows the origin of the provisions of the Act.

2The following abbreviations are used in the Table:—

Acts of Parliament

1978 = European Parliamentary Elections Act 1978 (c. 10) (formerly known as the European Assembly Elections Act 1978 (c. 10))

1999 = European Parliamentary Elections Act 1999 (c. 1)

Subordinate Legislation

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

3The Table does not separately acknowledge the provisions of section 3 of the European Communities (Amendment) Act 1986 (c. 58) by virtue of which references to the European Parliament were substituted for references to the Assembly of the European Communities.

4Where the Act incorporates the effect of subordinate legislation, the Table gives the relevant provision of the subordinate instrument but does not refer to the statutory provision under which the instrument was made.

ProvisionOrigin
1(1)1978 s. 1, 2(2), (3); 1999 s. 1.
(2)1978 s. 2(4); 1999 s. 1.
(3)1978 s. 2(5); 1999 s. 1.
2(1)1978 s. 3(1); 1999 s. 1.
(2)1978 Sch. 1 para. 2(3B); 1999 s. 1, Sch. 2 para. 6.
(3)1978 s. 3(1); 1999 s. 1.
(4) to (9)1978 s. 3(2) to (7); 1999 s. 1.
(10)1978 s. 3(8)(a); Registration of Political Parties Act 1998 (c. 48) Sch. 3 para. 1; 1999 s. 1; Political Parties, Elections and Referendums Act 2000 (c. 41) Sch. 21 para. 5(2).
31978 s. 3A; 1999 s. 1.
41978 s. 3D(1); 1999 s. 1.
51978 Sch. 1 para. 3(1) to (3); 1999 Sch. 2 para. 8.
6(1) to (4)1978 Sch. 1 para. 4(1); 1999 Sch. 2 para. 9.
(5)1978 Sch. 1 para. 4(2); 1999 Sch. 2 para. 9.
(6)1978 s. 7(1)(a) and (aa); 1999 s. 4.
(7) and (8)1978 Sch. 1 para. 4(3) and (4); 1999 Sch. 2 para. 9.
7(1)1978 Sch. 1 para. 2(3); 1999 Sch. 2 para. 5.
(2)1978 Sch. 1 para. 2(3A); 1999 Sch. 2 para. 6; Political Parties, Elections and Referendums Act 2000 (c. 41) Sch. 21 para. 5(3).
(3)1978 Sch. 1 para. 2(4)(a).
(4)1978 Sch. 1 para. 2(4)(b).
(5)1978 Sch. 1 para. 2(5); Welsh Language Act 1993 (c. 38) s. 35(3).
81978 s. 3C; 1999 s. 1; European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001 (S.I. 2001/1184), reg. 11(a).
9(1)1978 ss. 4(1) and 8(2)(a).
(2)1978 s. 4(1); 1999 Sch. 3 para. 1.
(3)1978 s. 4(2); Representation of the People Act 1983 (c. 2) Sch. 8 para. 21(a) and (b).
(4)1978 s. 4(2); Representation of the People Act 1983 (c. 2) Sch. 8 para. 21(c) and (d).
10(1)1978 Sch. 1 para. 5(1); 1999 Sch. 2 para. 10(a).
(2)1978 Sch. 1 para. 5(3)(a) to (d); 1999 Sch. 2 para. 10(a); House of Commons (Removal of Clergy Disqualification) Act 2001 (c. 13), Sch. 1 para. 2.
(3)1978 Sch. 1 para. 5(3)(e); S.I. 1994/342 reg. 3(2); 1999 Sch. 2 para. 10(a).
(4)1978 Sch. 1 para. 5(2); 1999 Sch. 2 para. 10(a), (b).
(5)1978 Sch. 1 para. 5(2A) and (2B); S.I. 1994/342 reg. 3(1); 1999 Sch. 2 para. 10(a).
(6)1978 Sch. 1 para. 5(4) and (4A); 1999 Sch. 2 para. 10(c); Political Parties, Elections and Referendums Act 2000 (c. 41) s. 142(2).
(7)1978 Sch. 1 para. 5(5); 1999 Sch. 2 para. 10(a), (b) and (d).
(8)1978 Sch. 1 para. 5(1) and s. 8(2)(a).
11(1)1978 Sch. 1 para. 6(1) and (5) (“disqualified”); 1999 Sch. 2 para. 11(2) and (4); Political Parties, Elections and Referendums Act 2000 (c. 41)s. 142(3).
(2)1978 Sch. 1 para. 6(5) (court); 1999 Sch. 2 para. 11(4).
(3)1978 Sch. 1 para. 6(1A); 1999 Sch. 2 para. 11(2).
(4)1978 Sch. 1 para. 6(2); 1999 Sch. 2 para. 11(3).
(5)1978 Sch. 1 para. 6(6); 1999 Sch. 2 para. 11(5).
(6)1978 Sch. 1 para. 6(3).
(7)1978 Sch. 1 para. 6(4).
121978 s. 6.
13(1)1978 s. 9(2).
(2)1978 Sch. 1 para. 2(6).
(3)(a)1978 Sch. 1 paras. 5(6), 6(7); 1999 Sch. 2 para. 11(5).
(3)(b)1978 Sch. 2 para. 4(7); 1999 Sch. 1.
(4)1978 s. 3D(2) and Sch. 1 para. 3(4); 1999 s. 1 and Sch. 2 para. 8.
14
15
16
17“enactment”: 1978 s. 8(2)(b)
“Act annexed to Council Decision 76/787”: 1978 s. 8(2)(a)
“citizen of the European Union”: 1978 Sch. 1 para. 5(2A) and (3)(e); 1994/342 reg. 3.
18
Sch. 1
paras. 1 to 31978 Sch. 2 paras. 1 to 3; 1999 Sch. 1.
para. 4(1)1978 Sch. 2 para. 4(5A); 1999 Sch. 1; Representation of the People Act 2000 (c. 2) Sch. 6 para. 2(4).
(2)1978 Sch. 2 para. 4(1), (3) and (4); 1999 Sch. 1; Representation of the People Act 2000 (c. 2) Sch. 6 para. 2(2) and (3).
(3)1978 Sch. 2 para. 4(4)(a) and (b), (5A); Representation of the People Act 1983 (c. 2)s. 202(1) and Local Government Elections (Changes to the Franchise and Qualification of Members) Regulations 1995 (S.I. 1995/1948) reg. 4(2); 1999 Sch. 1; Representation of the People Act 2000 (c. 2) Sch. 6 para. 2(4).
(4)1978 Sch. 2 para. 4(2); 1999 Sch.1.
(5)1978 Sch. 2 para. 4(6), s. 8(2)(a); 1999 Sch. 1.
(6)1978 Sch. 2 para. 4(5); 1999 Sch. 1. Paragraph 9 of 1994/342 was repealed and replaced by the European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001 (S.I. 2001/1184). The cross-reference is therefore to the relevant provision of those regulations.
Table1978 Sch. 2 Table; 1999 Sch. 1.
Sch. 2
Sch. 3
para. 1European Parliamentary Elections Act 1993 (c. 41) s. 3(2).
paras. 2 and 31978 s. 5(1).
para. 41999 Sch. 3 para. 2.
paras. 5 to 8
Sch. 4

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