The European Parliamentary Elections Regulations 1999

Regulation 3(2)

SCHEDULE 2 APPLICATION WITH MODIFICATIONS OF PROVISIONS IN SUBORDINATE LEGISLATION

Provision applied	Modification
PART I:
ENGLAND AND WALES
THE REPRESENTATION OF THE PEOPLE REGULATIONS 1986
In regulation 4 (interpretation), paragraphs (1)(1) and (4)	Omit all of the definitions except those of “available for inspection”, “data” and “data user”, “list of overseas electors”, “patient’s declaration”, “postal proxy”, “Regulations of 1994”, “relevant citizen of the Union”, “service declaration” and “voluntary mental patient”.
	At the beginning of paragraph (4) insert “Subject to regulation 3(6) of the European Parliamentary Elections Regulations 1999,”.
Regulation 6 (forms)	Omit paragraph (1)(a).
Regulation 7 (sending of applications, notices, etc.)
Regulation 8 (publication of documents)(2)
Regulation 9 (misnomers)
Regulation 10 (time)
Regulation 11 (official poll card)
Regulation 12 (return and declaration of election expenses)(3)	Omit paragraph (1).
	In paragraph (2) for “£1.50” substitute “£5”.
Regulation 13 (interference with notices)(4)
Regulation 53 (free copies of register etc.)(5)	In paragraph (1) for “the Member” substitute “each Member”.
	In paragraph (2)– (a) omit sub-paragraphs (b) and (i); and; (b) in sub-paragraph (ii) for the words from “candidate” to the end substitute “election agent of a registered party standing nominated or individual candidate at a European Parliamentary election for that region”.
	In paragraph (3) for “acting returning officer for a constituency” substitute “local returning officer for a parliamentary constituency wholly or partly within the electoral region”.
	Omit paragraphs (4) to (6).
Regulation 54 (sale of lists and register)(6)	Omit paragraph (1).
	In paragraph (2) after “any person” insert “who is mentioned in sub-paragraph (a) below” and omit sub-paragraph (b).
	In paragraph (3) after “any person” insert “who is mentioned in sub-paragraph (a) below” and omit sub-paragraph (b).
	Omit paragraph (4).
Regulation 55 (supply of data)(7)	In paragraph (3) for “the returning officer for the constituency” substitute “a local returning officer”.
	In paragraph (6) for the words from “paragraph (1)” to “Regulation 53” substitute “regulation 53(3)”.
	In paragraph (7)– (a) omit sub-paragraph (b); and; (b) omit the words from “Provided” to the end.
	Omit paragraph (9).
Regulation 56 (supply of labels)(8)	In paragraph (4) for the words from “paragraph (1)” to “Regulation 53” substitute “regulation 53(3)”.
	In paragraph (5)– (a) omit sub-paragraph (b); and; (b) omit the words from “Provided” to the end.
	Omit paragraph (6).
Regulation 63 (general requirements for applications)	At the end of paragraph (1)(iii) add “(including that provision as applied by regulation 14 of, and Schedule 3 to, the 1986 Regulations)”.
	Omit paragraph (2).
Regulation 63A (additional requirement for applicant no longer resident at qualifying address)(9)
Regulation 64 (additional requirements for applications on grounds of physical incapacity)(10)
Regulation 65 (additional requirements for applications based on occupation, service or employment)
Regulation 66 (additional requirements for applications in respect of a particular election)(11)
Regulation 67 (additional requirements for applications for appointment of a proxy)
Regulation 68 (additional requirements for applications by proxies to vote by post at a particular election)
Regulation 69 (closing date for applications)(12)	In paragraph (6) omit the words from “but at a” to the end.
Regulation 70 (grant or refusal of applications)
Regulation 71 (notice of appeal)
Regulation 72 (cancellation of proxy appointment)
Regulation 73 (inquiries by registration officer)	In paragraph (1) omit sub-paragraph (b).
	In paragraph (2) omit sub-paragraph (b) and the words from “In respect of” to the end.
Regulation 74 (records and lists kept under sections 6, 7 and 9 of the Act of 1985)	In paragraph (7) for “each” substitute “the election agent of each registered party standing nominated and each individual”.
Regulation 75 (marked register for polling stations)
Regulation 76 (certificate of employment at a parliamentary election)	Before “returning officer” insert “local”.
Regulation 77 (interpretation of Part V)
Regulation 78 (combination of polls)(13)
Regulation 79 (form of declaration of identity)(14)
Regulation 80 (persons entitled to be present at issue and receipt of postal ballot papers)	For paragraph (1)(c) substitute: “(c) an election agent or a person appointed by him or a sub-agent to attend in his place,”.
	In paragraph (2) for “each candidate”:– (a) in the first place where it occurs, substitute “the election agent or sub-agent of each registered party standing nominated or each individual candidate”; and; (b) in the second place where it occurs, substitute “each registered party standing nominated or each individual candidate”.
	In paragraphs (3) and (4) for “candidate” substitute “election agent or sub-agent”.
	In paragraph (3), regulation 3(4)(f) of the European Parliamentary Elections Regulations 1999 does not apply to the second and third references to returning officer.
	Omit paragraph (5).
	In paragraph (7) after “of his” insert “or his party” and after “his agent” insert “or the agent of his party”.
Regulation 81 (notification of requirement of secrecy)
Regulation 82 (notice of issue of postal ballot papers)	In paragraph (1) for “candidate” substitute “election agent”.
	In paragraph (2) for “each candidate” substitute “each election agent or, where appointments had been made by the sub-agent, sub-agent” and for “the candidate may appoint” substitute “who may be appointed”.
Regulation 83 (marking of postal ballot paper etc.)(15)
Regulation 84 (refusal to issue postal ballot paper)
Regulation 85 (envelopes)
Regulation 86 (delivery of ballot papers to post office)
Regulation 87 (provision of postal voters' ballot box)
Regulation 88 (sealing up of special lists and counterfoils)
Regulation 89 (spoilt postal ballot paper)
Regulation 90 (receipt of covering envelope)
Regulation 91 (opening of postal voters' ballot box)	In paragraph (3) for “candidate”:– (a) in the first place where it occurs, substitute “election agent or, where appointments have been made by a sub-agent, sub-agent”, and; (b) in the second place where it occurs, substitute “election agent or sub-agent”.
	In paragraph (7) for “counting of the votes under rule 45” substitute “verification of the ballot paper accounts under rule 43B”.
Regulation 92 (opening of covering envelopes)(16)
Regulation 93 (sealing up of rejected votes and declarations of identity)
Regulation 94 (opening of postal ballot paper envelopes)
Regulation 96 (forwarding of documents)(17)	For paragraph (1) substitute: “(1) The local returning officer shall retain for one year after the date of the poll any packets referred to in regulation 88, 89, 93 or 94 above, endorsing on each a description of its contents and, after the expiry of that period, cause those packets to be destroyed, unless otherwise directed by the High Court.”.
	In paragraph (3) for “forward it at a subsequent date” substitute “retain it and subsequently deal with it”.
	In paragraph (5) for “A copy of the statement referred to in paragraph (1)(b) above” substitute “A completed statement in Form N”.
	After paragraph (5) insert– “(6) The statement referred to in paragraph (5) shall identify the constituencies or parts of constituencies within the electoral region for which it is prepared.”.
SCHEDULE 2 (FORMS)
Form E (elector’s official poll card)(18)	On the back of the card– (a) for “on the right-hand side of the ballot paper opposite the name of the” substitute “in the column of the party or individual”, and; (b) for “Vote for one candidate only. Put no other” substitute “Place only one”.
Form F (proxy’s official poll card)
Form G (certificate of employment)	For “Returning officer” substitute “Local returning officer”.
Form H (declaration of identity referred to in regulation 79(a))(19)	On the back of the form– (a) before “candidate” in paragraph 2 insert “party or individual”, and; (b) in paragraph 3 for “on the right-hand side of the ballot paper opposite the name of the” substitute “in the column of the party or individual”.
Form J (declaration of identity referred to in regulation 79(b))	On the back of the form– (a) before “candidate” in the first sentence of paragraph 2 insert “party or individual”, and; (b) for the first sentence of paragraph 3 substitute “Vote by marking a cross (x) in the box of your choice.”.
Form K (declaration of identity referred to in regulation 79(c))	On the back of the form– (a) before “candidate” in paragraph 2 insert “party or individual”, and; (b) in paragraph 3 for “on the right-hand side of the ballot paper opposite the name of the” substitute “in the column of the party or individual”.
Form N (statement as to postal ballot papers)	For “Constituency” substitute “Area covered by statement”.
	In note 2 for the words from the beginning to “copy” substitute “This statement”.
PART II:
SCOTLAND
THE REPRESENTATION OF THE PEOPLE (SCOTLAND) REGULATIONS 1986
In regulation 4 (interpretation), paragraphs (1)(20) and (4)	Omit all the definitions except those of “available for inspection”, “data” and “data user”, “list of overseas electors”, “patient’s declaration”, “postal proxy”, “Regulations of 1994”, “relevant citizen of the Union”, “service declaration” and “voluntary mental patient”.
	At the beginning of paragraph (4) insert “Subject to regulation 3(6) of the European Parliamentary Elections Regulations 1999,”.
Regulation 5 (forms)	Omit paragraph (1)(a).
Regulation 6 (sending of applications, notices, etc.)
Regulation 7 (publication of documents)(21)
Regulation 8 (misnomers)
Regulation 9 (time)
Regulation 10 (official poll card)
Regulation 11 (return and declaration of election expenses)(22)	Omit paragraph (1).
	In paragraph (2) for “£1.50” substitute “£5”.
Regulation 12 (interference with notices)(23)
Regulation 51 (free copies of register etc.)(24)	In paragraph (1)– (a) in sub-paragraph (a) for the words from “register” to the end substitute “register and one copy of the list of overseas electors to each Member of the European Parliament for the electoral region of Scotland”; (b) omit sub-paragraph (b); (c) in sub-paragraph (c) for the words from “candidate” to the end substitute “election agent of a registered party or individual candidate at a European Parliamentary election for that region”; and; (d) omit sub-paragraphs (d) to (f).
	Omit paragraphs (1A) and (2).
Regulation 52 (sale of list and register)(25)	Omit paragraph (1).
	In paragraph (2) after “any person” insert “who is mentioned in sub-paragraph (a) below” and omit sub-paragraph (b).
	In paragraph (3) after “any person” insert “who is mentioned in sub-paragraph (a) below” and omit sub-paragraph (b).
	Omit paragraph (4).
Regulation 53 (supply of data)(26)	In paragraph (3) for “the returning officer for the constituency” substitute “a local returning officer”.
	In paragraph (5) for “regulation 51” substitute “regulation 51(1)(c)” and omit the words from “Provided” to the end.
	Omit paragraph (7).
Regulation 54 (supply of labels)(27)	In paragraph (3) for “regulation 51” substitute “regulation 51(1)(c)” and omit the words from “Provided” to the end.
	Omit paragraph (4).
Regulation 61 (general requirements for applications)	At the end of paragraph (1)(iii) add “(including that provision as applied by regulation 13 of, and Schedule 3 to, the 1986 (Scotland) Regulations)”.
	Omit paragraph (2).
Regulation 61A (additional requirement for applicant no longer resident at qualifying address)(28)
Regulation 62 (additional requirements for applications on grounds of physical incapacity)(29)
Regulation 63 (additional requirements for applications based on occupation, service or employment)
Regulation 64 (additional requirements for applications in respect of a particular election)(30)
Regulation 65 (additional requirements for applications for appointment of a proxy)
Regulation 66 (additional requirements for applications by proxies to vote by post at a particular election)
Regulation 67 (closing date for applications)(31)	In paragraph (6) omit the words from “but at a” to the end.
Regulation 68 (grant or refusal of applications)
Regulation 69 (notice of appeal)
Regulation 70 (cancellation of proxy appointment)
Regulation 71 (inquiries by registration officer)	In paragraph (1) omit sub-paragraph (b).
	In paragraph (2) omit sub-paragraph (b) and the words from “In respect of” to the end.
Regulation 72 (records and lists kept under sections 6, 7 and 9 of the Act of 1985)	In paragraph (7) for “each” substitute “the election agent of each registered party standing nominated and each individual”.
Regulation 73 (marked register for polling stations)
Regulation 74 (certificate of employment at a parliamentary election)	For “returning officer” substitute “local returning officer”.
Regulation 75 (interpretation of Part V)
Regulation 76 (combination of polls)
Regulation 77 (form of declaration of identity)(32)
Regulation 78 (persons entitled to be present at issue and receipt of postal ballot papers)	For paragraph (1)(c) substitute: “(c) an election agent or a person appointed by him or a sub-agent to attend in his place,”.
	In paragraph (2) for “each candidate”:– (a) in the first place where it occurs, substitute “the election agent or sub-agent of each registered party standing nominated or each individual candidate”; and; (b) in the second place where it occurs, substitute “each registered party standing nominated or each individual candidate”.
	In paragraphs (3) and (4) for “candidate” substitute “election agent or sub-agent”.
	In paragraph (3), regulation 3(4)(f) of the European Parliamentary Elections Regulations 1999 does not apply to the second and third references to the returning officer.
	Omit paragraph (5).
	In paragraph (7) after “of his” insert “or his party” and after “his agent” insert “or the agent of his party”.
Regulation 79 (notification of requirement of secrecy)
Regulation 80 (notice of issue of postal ballot papers)	In paragraph (1) for “candidate” substitute “election agent”.
	In paragraph (2) for “each candidate” substitute “each election agent or, where appointments had been made by the sub-agent, sub-agent” and for “the candidate may appoint” substitute “who may be appointed”.
Regulation 81 (marking of postal ballot paper etc.)
Regulation 82 (refusal to issue postal ballot paper)
Regulation 83 (envelopes)
Regulation 84 (delivery of ballot papers to post office)
Regulation 85 (provision of postal voters' ballot box)
Regulation 86 (sealing up of special lists and counterfoils)
Regulation 87 (spoilt postal ballot papers)
Regulation 88 (receipt of covering envelope)
Regulation 89 (opening of postal voters' ballot box)	In paragraph (3) for “candidate”:– (a) in the first place where it occurs substitute “election agent” or, where appointments have been made by a sub-agent, “sub-agent”, and; (b) in the second place where it occurs, substitute “election agent or sub-agent”.
	In paragraph (7) for “counting of the votes under rule 45” substitute “verification of the ballot paper accounts under rule 43B”.
Regulation 90 (opening of covering envelopes)(33)
Regulation 91 (sealing up of rejected votes and declarations of identity)
Regulation 92 (opening of postal ballot paper envelopes)
Regulation 94 (forwarding of documents)(34)	For paragraph (1) substitute: “(1) The local returning officer shall retain for one year after the date of the poll any packets referred to in regulation 86, 87, 91 or 92 above, endorsing on each a description of its contents and, after the expiry of that period, cause those packets to be destroyed, unless otherwise directed by order of the Court of Session.”.
	In paragraph (2) for “forward it at a subsequent date” substitute “retain it and subsequently deal with it”.
	In paragraph (4) for “A copy of the statement referred to in paragraph (1)(b) above” substitute “A completed statement in Form M”.
	After paragraph (4) insert– “(5) The statement referred to in paragraph (4) above shall identify the constituencies or parts of constituencies within the electoral region for which it is prepared.”.
SCHEDULE 2 (FORMS)
Form D (elector’s official poll card)(35)	On the back of the card– (a) after “name of the” insert “party or individual”, and; (b) for “one candidate” substitute “one party or individual candidate”.
Form E (proxy’s official poll card)
Form F (certificate of employment)	For “Returning officer” substitute “Local returning officer”.
Form G (declaration of identity referred to in regulation 77(a))(36)	On the back of the form– (a) before “candidate” in paragraph 2 insert “party or individual”, and; (b) in paragraph 3 for “on the right-hand side of the ballot paper opposite the name of the” substitute “in the column of the party or individual”.
Form H (declaration of identity referred to in regulation 77(b))	On the back of the form– (a) before “candidate” in paragraph 2 insert “party or individual”, and; (b) in paragraph 3 for “on the right-hand side of the ballot paper opposite the name of the” substitute “in the column of the party or individual”.
Form J (declaration of identity referred to in regulation 77 (c))	On the back of the form– (a) before “candidate” in paragraph 2 insert “party or individual”, and; (b) in paragraph 3 for “on the right-hand side of the ballot paper opposite the name of the” substitute “in the column of the party or individual”.
Form M (statement as to postal ballot papers)(37)	For “Constituency” substitute “Area covered by statement”.
	In note 2 for the words from the beginning to “copy” substitute “This statement”.

(1)

Relevant definitions were added to regulation 4(1) by S.I. 1994/342.

(2)

Regulation 8(2) was amended by S.I. 1990/520.

(3)

Regulation 12 was amended by S.I. 1990/520.

(4)

Regulation 13 has been amended by section 52 of the Criminal Justice Act 1988 (c. 33).

(5)

Regulation 53(4A) was inserted by S.I. 1990/520.

(6)

Regulation 54 has been amended by S.I. 1990/520.

(7)

Regulation 55 has been amended by S.I. 1990/520.

(8)

Regulation 56 has been amended by S.I. 1990/520.

(9)

Regulation 63A was inserted by S.I. 1990/520.

(10)

Regulation 64 has been amended by S.I. 1992/772 and S.I. 1997/880.

(11)

Regulation 66 has been amended by S.I. 1990/520 and S.I. 1997/880.

(12)

Regulation 69 has been amended by S.I. 1990/520 and S.I. 1997/880.

(13)

Regulation 78 has been amended but the amendment is not relevant to these Regulations.

(14)

Regulation 79 has been amended by S.I. 1990/520.

(15)

Regulations 83 and 85 were amended by S.I. 1990/520 but the amendments are not relevant to these Regulations.

(16)

Regulation 92 was amended by S.I. 1990/520.

(17)

Regulation 96 was amended by S.I. 1990/520.

(18)

Form E was amended by S.I. 1990/520.

(19)

Forms H, J and K were amended by S.I. 1990/520.

(20)

Relevant definitions were added to regulation 4(1) by S.I. 1994/342. Regulation 4 has also been amended by S.I. 1996/739.

(21)

Regulation 7(2) was amended by S.I. 1990/629.

(22)

Regulation 11 was amended by S.I. 1990/629.

(23)

Regulation 12 has been amended by section 225 of the Criminal Procedure (Scotland) Act 1995 (c. 46).

(24)

Regulation 51(1A) was inserted by S.I. 1990/629.

(25)

Regulation 52 has been amended by S.I. 1990/629.

(26)

Regulation 53 has been amended by S.I. 1990/629.

(27)

Regulation 54 has been amended by S.I. 1990/629.

(28)

Regulation 61A was inserted by S.I. 1991/1226.

(29)

Regulation 62 has been amended by S.I. 1992/834 and S.I. 1997/979.

(30)

Regulation 64 has been amended by S.I. 1990/629 and S.I. 1997/979.

(31)

Regulation 67 has been amended by S.I. 1990/629 and S.I. 1997/979.

(32)

Regulation 77 has been amended by S.I. 1990/629.

(33)

Regulation 90 was amended by S.I. 1990/629.

(34)

Regulation 94 was amended by S.I. 1990/629.

(35)

Form D was amended by S.I. 1990/629.

(36)

Forms G, H and J were amended by S.I. 1990/629.

(37)

Form M was amended by S.I. 1990/629.