Statutory Instruments

2004 No.24 (C.1 )

REPRESENTATION OF THE PEOPLE

The European Parliament (Representation) Act 2003 (Commencement No. 3) Order 2004

Made

5 January 2004

The Secretary of State, in exercise of the powers conferred on him by section 28(3) and (4) of the European Parliament (Representation) Act 2003(1), makes the following Order:

Citation

1. This Order may be cited as the European Parliament (Representation) Act 2003 (Commencement No. 3) Order 2004.

Commencement of provisions in European Parliament (Representation) Act 2003

2. The following provisions of the European Parliament (Representation) Act 2003 shall come into force on 7 January 2004—

(a)in the United Kingdom and Gibraltar—

(i)Part 2 so far as it confers powers to make subordinate legislation and amends provisions of the European Parliamentary Elections Act 2002(2) which confer such power;

(ii)section 19 so far as it extends to Gibraltar provisions of the European Parliamentary Elections Act which confer such power; and

(iii)sections 14 and 24; and

(b)in Gibraltar, sections—

(i)25, and

(ii)28(2) so far as it relates to the above mentioned provisions.

Signed by authority of the Secretary of State for Constitutional Affairs

Chris Leslie

Parliamentary under Secretary of State,

Department for Constitutional Affairs

5 January 2004

Explanatory Note

(This note is not part of the Order)

This Order brings into force on 7 January 2004 the provisions of the European Parliament (Representation) Act 2003 relating to powers to make subordinate legislation establishing the combined region for the purposes of European Parliamentary elections and about such elections, including provisions which amend and extend to Gibraltar powers to make subordinate legislation in the European Parliamentary Elections Act 2002. It also brings into force section 14 which provides for a register of European Parliamentary electors in Gibraltar (“the Gibraltar register”) to be maintained by the Clerk to the House of Assembly of Gibraltar as the European electoral registration officer for Gibraltar. It also brings into force section 24 which confirms that the capacity of the Gibraltar legislature is not affected by the existence of powers in the Act, or the European Parliamentary Elections Act 2002 to make subordinate legislation extending to Gibraltar. Except for sections 25 and 28(2), which came into force in the United Kingdom on Royal Assent of the Act, it brings such provisions into force in both the United Kingdom and Gibraltar.

Note as to Earlier Commencement Orders

(This note is not part of the Order)

The following provisions of the European Parliament (Representation) Act 2003 have been brought into force by commencement orders before the date of this Order:

Provision	Date of Commencement	S.I. No.
Section 28(1) and (3) to (5) (in Gibraltar)	1 June 2003	2003/1401
Section 28(2) (partially in Gibraltar)	1 June 2003	2003/1401
Sections 9, 10, 26 and 27 (in Gibraltar)	2 June 2003	2003/1402
Section 28(2) (partially in Gibraltar)	2 June 2003	2003/1402

(1)

2003 c. 7.

(2)

2002 c. 24; which is amended by sections 1 and 8 of, and the Schedule to, the European Parliament (Representation) Act 2003, the amendments referred to in this Order and other amendments made by the European Parliament (Representation) Act 2003 which have not yet been brought into force.