The European Parliamentary Elections Regulations 2004

1. Introductory Text

2. PART 1 GENERAL

   1. 1. Citation, commencement and extent

   2. 2. Interpretation

   3. 3. General application in relation to local government elections in England and Wales

   4. 4. General application to Scotland

   5. 5. General application to Gibraltar

   6. 6. Conduct of poll and count in each local counting area

   7. 7. Deputies and assistance

   8. 8. Polling districts and places

   9. 9. Rules for European Parliamentary elections and general duty of returning officers and local returning officers

   10. 10. Absent voting

   11. 11. Combination of polls

   12. 12. Entitlement to registration and legal incapacity to vote in Gibraltar

   13. 13. Modification of the 2003 Act and these Regulations for 2004 elections in relation to citizens of Accesssion States

   14. 14. Title of returning officers and local returning officers

   15. 15. Payments by and to returning officers and local returning officers

   16. 16. Taxation of returning officer’s and local returning officer’s account

   17. 17. Effect of registers

   18. 18. Effect of misdescription

   19. 19. Discharge of registration duties

   20. 20. Payment of expenses of registration

   21. 21. Registration appeals: England and Wales

   22. 22. Registration Appeals: Scotland

   23. 23. Personation

   24. 24. Other voting offences

   25. 25. Breach of official duty

   26. 26. Tampering with nomination papers, ballot papers, etc

   27. 27. False statement in nomination papers

   28. 28. Offences in connection with candidature

   29. 29. Requirement of secrecy

   30. 30. Prohibition on publication of exit polls

3. PART 2 THE ELECTION CAMPAIGN

   1. 31. Interpretation of Part 2

   2. 32. Computation of time for purposes of Part 2

   3. Election agents of registered Parties

      1. 33. Appointment of national election agent of registered party

      2. 34. Appointment of election agent by a registered party standing in one electoral region only

      3. 35. Appointment of sub-agent for registered parties

      4. 36. Office of agents of registered parties

      5. 37. Effect of default in appointment of agents of registered parties

   4. Election agents of individual candidates

      1. 38. Appointment of election agent for individual candidate

      2. 39. Appointment of sub-agent for individual candidate

      3. 40. Office of election agent and sub-agent for individual candidate

      4. 41. Effect of default in election agent’s appointment

   5. Election expenses

      1. 42. Control of donations to individual candidates

      2. 43. Payment of expenses through election agent

      3. 44. Individual candidate’s personal expenses, and petty expenses

      4. 45. Expenses of individual candidate incurred otherwise than for elections purposes

      5. 46. Prohibition of expenses of individual candidate not authorised by election agent

      6. 47. Limitation of election expenses for individual candidates

      7. 48. Time for sending in and paying claims: individual candidates

      8. 49. Disputed claims: individual candidates

      9. 50. Election agent’s claim

      10. 51. Return as to election expenses: individual candidates

      11. 52. Declarations as to election expenses: individual candidates

      12. 53. Returns as to personal expenses: candidates on party lists

      13. 54. Penalty for failure as respects return or declarations: individual candidates

      14. 55. Authorised excuses for failures as to return and declarations: individual candidates

      15. 56. Court’s power to require information from election agent or sub-agent of individual candidate

      16. 57. Duty of appropriate officer to forward returns and declarations to Electoral Commission

      17. 58. Publication of time and place for inspection of returns and declarations

      18. 59. Inspection of returns and declaration

      19. 60. Meaning of “election expenses”

      20. 61. Incurring of election expenses for purposes of regulation 60

      21. 62. Property, goods, services etc provided free of charge or at a discount

   6. General

      1. 63. Candidate’s right to send election address post free

      2. 64. Broadcasting from outside United Kingdom

      3. 65. Broadcasting of local items during election period

      4. 66. Imitation poll cards

      5. 67. Schools and rooms for European Parliamentary election meetings

      6. 68. Disturbances at election meetings

      7. 69. Officials not to act for candidates

      8. 70. Illegal canvassing by police officers

      9. 71. False statements as to candidates

      10. 72. Corrupt withdrawal from candidature

      11. 73. Payments for exhibition of election notices

      12. 74. Details to appear on election publications

      13. 75. Prohibition of paid canvassers

      14. 76. Providing money for illegal purposes

      15. 77. Bribery

      16. 78. Treating

      17. 79. Undue influence

      18. 80. Rights of creditors

      19. 81. Savings as to European Parliamentary elections

4. PART 3 VACANCIES

   1. 82. Initial response to vacancies

   2. 83. Filling of vacancies from a registered party’s list

   3. 84. By-election to fill certain vacancies

   4. 85. When a by-election is not needed

5. PART 4 LEGAL PROCEEDINGS

   1. 86. Interpretation of Part 4

   2. 87. Computation of time for purposes of Part 4

   3. 88. Method of questioning European Parliamentary elections

   4. 89. Presentation and service of European Parliamentary election petitions

   5. 90. Time for presentation or amendment of European Parliamentary election petition

   6. 91. Constitution of election court and place of trial

   7. 92. Judges' expenses and reception: England and Wales

   8. 93. Judges' expenses and reception: Scotland

   9. 94. Security for costs

   10. 95. Petition at issue

   11. 96. Trial of election issue

   12. 97. Witnesses

   13. 98. Duty to answer relevant questions

   14. 99. Expenses of witnesses

   15. 100. Conclusion of trial of European Parliamentary election petition

   16. 101. Special case for determination of the High Court

   17. 102. Withdrawal of petition

   18. 103. Abatement of petition

   19. 104. Costs of petition

   20. 105. Neglect or refusal to pay costs

   21. 106. Appeals and jurisdiction

   22. 107. Persons convicted of corrupt or illegal practices

   23. 108. Application for relief

   24. 109. Prosecution for corrupt practices

   25. 110. Prosecutions for illegal practices

   26. 111. Conviction of illegal practice on charge of corrupt practice

   27. 112. Mitigation and remission etc

   28. 113. Illegal payments

   29. 114. Time limit for prosecution

   30. 115. Prosecution of offences committed outside the United Kingdom

   31. 116. Offences by associations

   32. 117. Evidence by certificate of holding of elections

   33. 118. Evidence by certificate of electoral registration

   34. 119. Director of Public Prosecutions

   35. 120. Rules of procedure

   36. 121. Costs

   37. 122. Services of notices

6. PART 5 MISCELLANEOUS

   1. 123. Public notices and declarations

   2. 124. Remuneration for free postal services provided under the Regulations

   3. 125. Application of Local Government Finance Act 1988 for European Parliamentary Elections

   4. 126. Revocation

7. Signature

8. 1. SCHEDULE 1

      EUROPEAN PARLIAMENTARY ELECTIONS RULES

      1. PART 1 PROVISIONS AS TO TIME

         1. 1. Timetable

         2. 2. Computation of time

      2. PART 2 STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS

         1. 3. Notice of election

         2. 4. Nomination of individual candidates

         3. 5. Nomination papers: name of registered political party at a by election

         4. 6. Nomination papers: name of registered political party at a general election

         5. 7. List of candidates

         6. 8. Consent to nomination

         7. 9. Candidature by relevant citizen of the Union

         8. 10. Deposit

         9. 11. Place for delivery of nomination papers

         10. 12. Right to attend nomination

         11. 13. Decisions as to validity of nomination papers

         12. 14. Withdrawal of candidates

         13. 15. Publication of statement of persons nominated

         14. 16. Local publication of statement under rule 15

         15. 17. Disqualification by Representation of the People Act 1981

         16. 18. Adjournment of nomination proceedings in case of riot

         17. 19. Method of election

      3. PART 3 CONTESTED ELECTIONS

         1. 20. Poll to be taken by ballot

         2. 21. The ballot papers

         3. 22. The official mark

         4. 23. Prohibition of disclosure of vote

         5. 24. Use of schools and public rooms

         6. 25. Notice of poll

         7. 26. Postal ballot papers

         8. 27. Provision of polling stations

         9. 28. Appointment of presiding officers and clerks

         10. 29. Issue of official poll cards

         11. 30. Equipment of polling stations

         12. 31. Appointment of polling and counting agents

         13. 32. Notification of requirement of secrecy

         14. 33. Admission to polling station

         15. 34. Keeping of order in station

         16. 35. Sealing of ballot boxes

         17. 36. Questions to be put to voters

         18. 37. Challenge of voter

         19. 38. Voting procedure

         20. 39. Votes marked by presiding officer

         21. 40. Voting by persons with disabilities

         22. 41. Tendered ballot papers

         23. 42. Spoilt ballot papers

         24. 43. Adjournment of poll in case of riot

         25. 44. Procedure on close of poll

         26. 45. Attendance at verification of ballot paper accounts

         27. 46. Procedure at verification of ballot paper accounts

         28. 47. Attendance at counting of votes

         29. 48. The count

         30. 49. Re-count

         31. 50. Rejected ballot papers

         32. 51. Decisions on ballot papers

         33. 52. Notification of local result

         34. 53. Attendance at allocation of seats

         35. 54. Allocation of seats

         36. 55. Equality of seats

      4. PART 4 FINAL PROCEEDINGS

         1. 56. Declaration of result

         2. 57. Return or forfeiture of candidate’s deposit

      5. PART 5 DISPOSAL OF DOCUMENTS

         1. 58. Sealing up of ballot papers

         2. 59. Retention of documents by the local returning officer

         3. 60. Orders for production of documents

         4. 61. Retention and public inspection of documents

      6. APPENDIX OF FORMS

         1. Form of front of ballot paper

         2. Directions as to printing the ballot paper

         3. Form of back of ballot paper

         4. Elector’s official poll card

         5. Front of card

         6. Back of card

         7. Proxy’s Official Poll Card

         8. Front of card

         9. Back of card

         10. Form of directions for the guidance of the voters in voting Certificate of Employment

         11. Form of declaration to be made by the companion of a voter with disabilities

   2. SCHEDULE 2

      ABSENT VOTING

      1. PART 1 ENTITLEMENT

         1. 1. Interpretation

         2. 2. Manner of voting at European Parliamentary elections

         3. 3. Absent vote at elections for definite or indefinite period

         4. 4. Absent vote at particular election

         5. 5. Absent voters list

         6. 6. Proxies at elections

         7. 7. Voting as proxy

         8. 8. Offences

      2. PART 2 APPLICATIONS

         1. 9. Forms

         2. 10. Communication of applications, notices etc

         3. 11. Electronic signatures and related certificates

         4. 12. Time

         5. 13. Interference with notices etc

         6. 14. General requirements for applications for an absent vote

         7. 15. Additional requirements for applications for the appointment of a proxy

         8. 16. Additional requirements for applications for a proxy vote for a definite or indefinite period on grounds of physical incapacity or blindness

         9. 17. Additional requirements for applications for a proxy vote for a definite or indefinite period based on occupation, service, employment or attendance on a course

         10. 18. Additional requirements for applications for a proxy vote in respect of a particular election

         11. 19. Closing date for applications

         12. 20. Grant or refusal of applications

         13. 21. Notice of appeal

         14. 22. Cancellation of proxy appointment

         15. 23. Inquiries by registration officer

         16. 24. Records and lists kept under this Schedule

         17. 25. Marked register for polling stations

      3. PART 3 ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS

         1. 26. Interpretation of Part 3

         2. Issue of Postal Ballot Papers

            1. 27. Combination of polls

            2. 28. Form of declaration of identity

            3. 29. Persons entitled to be present at proceedings on issue of postal ballot papers

            4. 30. Persons entitled to be present at proceedings on receipt of postal ballot papers

            5. 31. Agents of candidates who may attend proceedings on receipt of postal ballot papers

            6. 32. Notification of requirement of secrecy

            7. 33. Time when postal ballot papers are to be issued

            8. 34. Procedure on issue of postal ballot paper

            9. 35. Refusal to issue postal ballot paper

            10. 36. Envelopes

            11. 37. Sealing up of counterfoils and security of special lists

            12. 38. Delivery of postal ballot papers

            13. 39. Spoilt postal ballot papers

            14. 40. Lost postal ballot papers

         3. Receipt of Postal Ballot Papers

            1. 41. Alternative means of returning postal ballot paper or declaration of identity

            2. 42. Notice of opening of postal ballot paper envelopes

            3. 43. Postal ballot boxes and receptacles

            4. 44. Receipt of covering envelope

            5. 45. Opening of postal voters' ballot box

            6. 46. Opening of covering envelopes

            7. 47. Procedure in relation to declarations of identity

            8. 48. Opening of ballot paper envelopes

            9. 49. Lists of rejected postal ballot papers

            10. 50. Checking of lists kept under paragraph 49

            11. 51. Sealing of receptacles

            12. 52. Retention of documents

      4. APPENDIX OF FORMS

         1. Form A

         2. Proxy Paper

         3. Form B

         4. Declaration of Identity Front of form Back of form

         5. Form C

         6. Declaration of identity Front of form Back of form

         7. Form D

         8. Declaration of Identity Front of form Back of form

         9. Form E

         10. Declaration of Identity

         11. Front of form

         12. Back of form

         13. Form F

         14. Declaration of Identity

         15. Front of form

         16. Back of form

         17. Form G

         18. Declaration of Identity

         19. Front of form

         20. Back of form

         21. Form H

         22. Statement as to Postal Ballot Papers

   3. SCHEDULE 3

      MODIFICATION OF EUROPEAN PARLIAMENTARY ELECTIONS RULES FOR COMBINED POLLS

      1. PART 1 ENGLAND AND WALES

      2. PART 2 SCOTLAND

   4. SCHEDULE 4

      ENTITLEMENT TO REGISTRATION AND LEGAL INCAPACITY TO VOTE IN GIBRALTAR

      1. PART 1 GENERAL APPLICATION AND INTERPRETATION

      2. PART 2 ENTITLEMENT TO REGISTRATION AND LEGAL INCAPACITY

      3. PART 3 DISCHARGE OF REGISTRATION DUTIES

   5. SCHEDULE 5

      MODIFICATIONS FOR RELEVANT CITIZENS OF THE ACCESSION STATES IN 2004

   6. SCHEDULE 6

      CONTROL OF DONATIONS TO CANDIDATES

      1. PART 1 INTRODUCTORY

         1. 1. Operation and interpretation of Schedule

         2. 2. Donations: general rules

         3. 3. Sponsorship

         4. 4. Payments etc not to be regarded as donations

         5. 5. Value of donations

      2. PART 2 CONTROLS ON DONATIONS

         1. 6. Prohibition on accepting donations from impermissible donors

         2. 7. Acceptance or return of donations

         3. 8. Transfer of donations received by candidate to election agent

         4. 9. Evasion of restrictions on donations

      3. PART 3 REPORTING OF DONATIONS

         1. 10. Statement of relevant donations

         2. 11. Donations from permissible donors

         3. 12. Donations from impermissible donors

   7. SCHEDULE 7

      DECLARATION AS TO ELECTION EXPENSES

   8. SCHEDULE 8

      USE FOR EUROPEAN PARLIAMENTARY ELECTION MEETINGS OF ROOMS IN SCHOOL PREMISES AND OF MEETING ROOMS

9. Explanatory Note