European Assembly Elections Act 1978 (Repealed)

[F1 European Parliamentary] elections U.K.

Textual Amendments

F1 Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)

2 [F2 (1) The persons entitled to vote as electors at an [F3 European Parliamentary] election in any particular [F3 European Parliamentary] constituency shall be—

(a) those who, on the day appointed under paragraph 3 below for the election, would be entitled to vote as electors at a parliamentary election in a parliamentary constituency wholly or partly comprised in the [F3 European Parliamentary] constituency (excluding any person not registered in the register of parliamentary electors at an address within the [F3 European Parliamentary] constituency); and

(b) peers who, on that day, would be entitled to vote at a local government election in an electoral area wholly or partly comprised in the [F3 European Parliamentary] constituency (excluding any peer not registered at an address within the [F3 European Parliamentary] constituency for the purposes of local government elections).]

[(2) In an [F3 European Parliamentary] election in the constituency of Northern Ireland each vote shall be a single transferable vote, that is to say a vote—

(a) capable of being given so as to indicate the voter’s order of preference for the candidates for election as representatives for the constituency; and

(b) capable of being transferred to the next choice—

(i) when the vote is not required to give a prior choice the necessary quota of votes; or

(ii) when, owing to the deficiency in the number of votes given for a prior choice, that choice is eliminated from the list of candidates.]

(3) Subject to the provisions of this and the following paragraph, the Secretary of State may by regulations make provision—

(a) as to the conduct of [F3 European Parliamentary] elections [F4 (including the registration of electors and the limitation of candidates’ election expenses)]; and

(b) as to the questioning of such an election and the consequences of irregularities.

[F5 (3A) Regulations under this paragraph may make provision (including the creation of criminal offences)—

(a) about the limitation of election expenses [F6 of candidates];

(b) for the allocation of seats in the case of an equality of votes;

(c) for securing that no person stands for election more than once at a general election.

For the purposes of this sub-paragraph a person stands for election if he is nominated as a candidate or is included in a party’s list of candidates.

(3B) Regulations under this paragraph shall, in relation to an election in an electoral region in Great Britain, make provision for the nomination of registered parties, including provision requiring a nomination to be accompanied by a list of candidates numbering no more than the MEPs to be elected for that region.]

(4) Regulations under this paragraph may—

(a) apply, with such modifications or exceptions as may be specified in the regulations, any provision of the Representation of the People Acts or of any other enactment relating to parliamentary elections or local government elections, and any provision made under any enactment;

(b) amend any form contained in regulations made under the Representation of the People Acts so far as may be necessary to enable it to be used both for the purpose indicated in regulations so made and for the corresponding purpose in relation to [F3 European Parliamentary] elections;

[F7 (c) so far as may be necessary in consequence of any provision made by or under this Act, amend any provision made by or under any enactment relating to the registration of parliamentary electors or local government electors.]

(5) Section [F8 26]of the M1 Welsh Language Act [F8 1993](power to prescribe Welsh version) shall apply in relation to regulations under this paragraph as it applies in relation to [F8 Acts of Parliament].

(6) No regulations shall be made under this paragraph unless a draft thereof has been laid before Parliament and approved by a resolution of each House of Parliament.

Textual Amendments

F2 Sch. 1 para. 2(1)(2) repealed (1.5.1999) by 1999 c. 1, s. 3(1)(3), Sch. 2 para. 4, Sch. 4; S.I. 1999/717, art. 2(1) (with art. 2(3))

F3 Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)

F4 Words in Sch. 1 para. 2(3)(a) repealed (1.5.1999) by 1999 c. 1, s. 3(1(3)), Sch. 2 para. 5, Sch. 4; S.I. 1999/717, art. 2(1) (with art. 2(3))

F5 Sch. 1 para. 2(3A)(3B) inserted (16.3.1999 in so far as the insertion confers any power to make subordinate legislation and 1.5.1999 otherwise) by 1999 c. 1, s. 3(1)(3), Sch. 2 para. 6, Sch. 4; S.I. 1999/717, art. 2(1)(2) (with art. 2(3))

F6 Words in Sch. 1 para. 2(3A)(a) substituted (16.2.2001) by 2000 c. 41, s. 158(1), Sch. 21 para. 5(3) (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

F7 Sch. 1 para. 2(4)(c) repealed (1.5.1999) by 1999 c. 1, s. 3(1), Sch. 2 para. 7, Sch. 4; S.I. 1999/717, art. 2(1) (with art. 2(3)

F8 Words in Sch. 1 para. 2(5) substituted (21.12.1993) by 1993 c. 38, ss. 35(3), 36(1).

Modifications etc. (not altering text)

C1 Sch. 1 para. 2 modified (S.) by S.I. 1986/1111, regs. 2, 97(1)(3)

C2 Sch. 1 para. 2 modified (E.W.) by S.I. 1986/1081, regs. 2, 99(1)(3)

C3 Sch. 1 para. 2 amended (16.2.2001) by 2000 c. 41, s. 7(2)(a) (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

C4 Power to exclude by regulations conferred (N.I.) by Elections (Northern Ireland) Act 1985 (c. 2, SIF 42), s. 5(3)

C5 Sch. 1 para. 2(1)(a) extended by Representation of the People Act 1985 (c. 50, SIF 42), s. 3(1)

C6 Reference to the register of parliamentary electors to be construed as mentioned in Representation of the People Act 1983 (c. 2, SIF 42), ss. 205, 206, Sch. 7 para. 10

C7 Sch. 1 para. 2(3A)(a) amended (16.2.2001) by 2000 c. 41, s. 8(3)(c) (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

Marginal Citations

M1 1967 c. 66.