The European Parliamentary Elections (Northern Ireland) Regulations 2004

Interpretation

2.  Unless the context otherwise requires, in these Regulations—

“1983 Act” means the Representation of the People Act 1983(1);

“1985 Act” means the Representation of the People Act 1985(2);

“2000 Act” means the Political Parties, Elections and Referendums Act 2000(3);

“2001 Franchise Regulations” means the European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001(4);

“2002 Act” means the European Parliamentary Elections Act 2002(5);

“2003 Act” means the European Parliament (Representation) Act 2003(6);

“the absent voters list” means, in relation to any election, the list kept under regulation 9(6);

“Accession States” means any of the following states—

(a)

the Czech Republic,

(b)

the Republic of Estonia,

(c)

the Republic of Cyprus,

(d)

the Republic of Latvia,

(e)

the Republic of Lithuania,

(f)

the Republic of Hungary,

(g)

the Republic of Malta,

(h)

the Republic of Poland,

(i)

the Republic of Slovenia,

(j)

the Slovak Republic;

“the Act annexed to Council Decision 76/787” is the Act concerning the election of MEPs annexed to Council Decision 76/787/ECSC, EEC, Euratom of 20th September 1976;

“citizen of an Accession State” means a national of one of the Accession States and “relevant citizen of an Accession State” means such a citizen who is not a Commonwealth citizen or a citizen of the Republic of Ireland;

“citizen of the Union” shall be construed in accordance with Article 17.1 of the Treaty establishing the European Community(7), and “relevant citizen of the Union” means such a citizen who is not a Commonwealth citizen or a citizen of the Republic of Ireland;

“dwelling” includes any part of a building where that part is occupied separately as a dwelling;

“election” means European Parliamentary election;

“election court” means in relation to a European Parliamentary election petition, the judges presiding at the trial;

“elector” in relation to an election, means any person whose name is for the time being on the register of electors, but does not include those shown in the register as below voting age on the day fixed for the poll;

“European Parliamentary elections rules” mean the rules in Schedule 1 to these Regulations;

“European Parliamentary election petition” means a petition presented in pursuance of Part 4 of these Regulations;

“European Parliamentary overseas elector” means a person falling within section 8(4) of the 2002 Act;

“European Parliamentary overseas elector’s declaration” means a declaration made in pursuance of regulations made under section 3 of the 1985 Act(8);

“legal incapacity” includes (in addition to any incapacity by virtue of any subsisting provision of the common law) any disqualification imposed by these Regulations or by any Act;

“legal process” means a claim form, application, notice, writ, summons or other process;

“the list of proxies” means, in relation to any election, the list kept under regulation 11(8);

“overseas elector” means a person falling within subsection (2) of section 8 of the 2002 Act by virtue of paragraph (b) of that subsection;

“overseas elector’s declaration” has the meaning given by section 2 of the 1985 Act;

“person” includes (without prejudice to the provisions of the Interpretation Act 1978)(9) an association corporate or unincorporate;

“register of electors” means any part of—

(a)

a register of parliamentary or, in the case of peers, local government electors,

(b)

a register under section 3 of the 1985 Act, and

(c)

a register under regulation 5 of the 2001 Franchise Regulations,

in force within the electoral region at the time of a European Parliamentary election in that region;

“registration officer” means the Chief Electoral Officer for Northern Ireland;

“service voter” means a person who has made a service declaration and is registered or entitled to be registered in pursuance of it;

“sub-agent” has the meaning given by regulation 35(1);

“Treaty of Athens” means the Treaty signed at Athens on 16th April 2003 concerning the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union;

“universal postal service provider” means a universal service provider (within the meaning of the Postal Services Act 2000)(10); and

“voter” means a person voting at an election and includes a person voting as proxy and, except in the European Parliamentary elections rules, a person voting by proxy, and “vote” (whether noun or verb) shall be construed accordingly, except that in those rules any reference to an elector voting or an elector’s vote shall include a reference to an elector voting by proxy or an elector’s vote given by proxy.

(1)

1983 c. 2.

(2)

1985 c. 50.

(3)

2000 c. 41.

(4)

S.I. 2001/1184

(5)

2002 c. 24.

(6)

2003 c. 7.

(7)

The reference to the Treaty is to it as renumbered in accordance with the Treaty of Amsterdam.

(8)

Section 3 was substituted by paragraph 4 of Schedule 2 to the Representation of the People Act 2000 (c. 2).

(9)

1978 c. 30.

(10)

2000 c. 26.