The European Parliamentary Election Petition (Amendment) Rules 2004

Explanatory Note

(This note is not part of the Rules)

These Rules amend the European Parliamentary Election Petition Rules 1979 (“the 1979 Rules”) so as—

(1) to extend the operation of the rules to Gibraltar, which by virtue of the European Parliament (Representation) Act 2003 (2003 c. 7) and the European Parliamentary Elections (Combined Region and Campaign Expenditure) (United Kingdom and Gibraltar) Order 2004 (S.I.2004/366), has been combined with the Southwest electoral region in England to form a new electoral region (“the combined region”) for the purposes of European Parliamentary elections, and

(2) to correct references made obsolete by the coming into force of the European Parliamentary Elections Regulations 2004 (S.I.2004/293).

The 1979 Rules regulate the presentation and hearing of an election petition to the High Court which questions the declared result of any election to the European Parliament.

In particular, and in respect of their extension to Gibraltar, the 1979 Rules have been modified so that, where a petition relates to an election held in the combined region, a party may file his papers at the Supreme Court Registry of the Gibraltar Supreme Court for transmission to the election petitions office at the Royal Courts of Justice, London.

These Rules refer to a Gibraltar Ordinance which can be obtained from: Publications, Government Secretariat, No 6 Convent Place, Gibraltar. Telephone: [phone]. Fax: [phone]. E-mail: [e-mail].