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The European Parliamentary Elections (Returning Officers) Order 2013

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Statutory Instruments

2013 No. 2064

Representation Of The People

The European Parliamentary Elections (Returning Officers) Order 2013

Made

19th August 2013

Coming into force in accordance with article 1(1)

The Lord President of the Council makes the following Order in exercise of the powers conferred by sections 6(2)(b) and (3)(b) of the European Parliamentary Elections Act 2002(1).

In accordance with section 7(2)(b) of the Political Parties, Elections and Referendums Act 2000(2), the Lord President of the Council has consulted the Electoral Commission prior to making this Order.

Citation, commencement and interpretation

1.  (1)  This Order may be cited as the European Parliamentary Elections (Returning Officers) Order 2013 and shall come into force on the day after the day on which it is made.

(2) In this Order a reference to an electoral region or constituency is a reference to that region or constituency as it is for the time being.

Revocation and savings

2.  The European Parliamentary Elections (Returning Officers) Order 2008(3) is revoked.

Returning Officers in England

3.  The designated returning officer at a European Parliamentary election for the electoral region in England (including the combined region(4)) specified in the left-hand column of the Schedule to this Order shall be the person who is the acting returning officer(5) at a parliamentary election for the constituency specified in the right-hand column of the Schedule.

Returning Officer for Wales

4.  The designated returning officer at a European Parliamentary election for the electoral region of Wales shall be the person who is the acting returning officer at a parliamentary election for the Preseli Pembrokeshire constituency.

Returning Officer for Scotland

5.  The designated returning officer at a European Parliamentary election for the electoral region of Scotland shall be the person who is the returning officer(6) at a parliamentary election for the Falkirk County constituency.

Signed by the authority of the Lord President of the Council

Chloe Smith

Minister for Political and Constitutional Reform

Cabinet Office

19th August 2013

Article 3

SCHEDULEDESIGNATED RETURNING OFFICERS FOR ELECTORAL REGIONS IN ENGLAND

Name of Electoral Region

Name of constituency

East MidlandsKettering
EasternChelmsford
LondonLewisham, Deptford
North EastSunderland Central
North WestManchester Central
South EastSouthampton, Test
South WestPoole
West MidlandsBirmingham, Ladywood
Yorkshire and the HumberLeeds Central

EXPLANATORY NOTE

(This note is not part of the Order)

This Order revokes and replaces the European Parliamentary Elections (Returning Officers) Order 2008 (S.I. 2008/1914). The 2008 Order appointed returning officers for the electoral regions in England, Scotland and Wales for the European Parliamentary Elections in 2009. Article 3 of, and the Schedule to, this Order designate returning officers at European Parliamentary elections for the electoral regions in England. Articles 4 and 5 designate the returning officer for such elections for the electoral regions of Wales and Scotland respectively.

(1)

2002 c. 24; section 6(2) was amended by section 20(2) of the European Parliament (Representation) Act 2003 (c. 7) and section 27(2) of the Political Parties and Elections Act 2009 (c. 12). By virtue of section 16B of the European Parliamentary Elections Act 2002 (c. 24), which was inserted by paragraph 10 of the Schedule to the Lord President of the Council Order (2010/1837), the functions of the Secretary of State under that Act are exercisable concurrently with the Lord President of the Council.

(2)

2000 c. 41; section 7(2)(b) was substituted by section 15 of, and paragraph 8 of Schedule 3 to, the European Parliamentary Elections Act 2002 (c. 24).

(4)

By virtue of the European Parliamentary Elections (Combined Region and Campaign Expenditure) (United Kingdom and Gibraltar) Order 2004 (S.I. 2004/366), the South West electoral region was combined with Gibraltar to form the “combined region”.

(5)

“Acting returning officer” is defined in section 28(1) of the Representation of the People Act 1983 (c. 2). Section 28(1)(a) provides that in a constituency in England for which the chairman of a district council or the mayor or chairman of a London borough is the returning officer at a parliamentary election by virtue of section 24(1) of that Act, the electoral registration officer appointed by that council is the acting returning officer. Section 28(1)(aa) of that Act provides that in a constituency in Wales for which the chairman of a county or county borough council is the returning officer by virtue of section 24(1), the electoral registration officer appointed by that council is the acting returning officer. Section 28(1)(b) provides that in the case of any other constituency the acting returning officer is such electoral registration officer as may be designated in an order made by Secretary of State.

(6)

Section 25 of the Representation of the People Act 1983 (c. 2) makes provision for returning officers at parliamentary elections in Scotland.

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