(1)The Secretary of State must by regulations make provision prescribing the procedure to be followed when a seat is or becomes vacant.
(2)The regulations may—
(a)include provision requiring a by-election to be held in specified circumstances (and provision modifying section 2 in its application to by-elections);
(b)require a seat last filled from a party’s list of candidates to be filled, in specified circumstances, from such a list (without a by-election).
(3)Where regulations provide for a by-election to be held—
(a)the poll must take place on a day, appointed by order of the Secretary of State, within such period as may be specified in the regulations, but
(b)the regulations may enable the Secretary of State to decline to appoint a day in certain circumstances.
[F1(4)As regards a seat in Northern Ireland, the regulations may, in specified circumstances, require it to be filled as follows—
(a)where the previous MEP stood in the name of a registered party when elected (or most recently elected), by a person nominated by the nominating officer of that party;
(b)where the previous MEP stood in the names of two or more registered parties when elected (or most recently elected), by a person jointly nominated by the nominating officers of those parties;
(c)where paragraph (a) or (b) does not apply but the previous MEP gave a notice in accordance with regulations under this Act naming one or more persons as substitutes, by a person so named.
(5)In subsection (4)—
“nominating officer”, in relation to a registered party, means the person registered as its nominating officer under the Political Parties, Elections and Referendums Act 2000 in the Northern Ireland register (within the meaning of that Act);
“registered party” means a party registered under that Act in that register;
“the previous MEP”, in relation to a vacancy, means the person who was the MEP immediately before the vacancy arose.]
Textual Amendments
F1S. 5(4)(5) inserted (21.7.2009) by Political Parties and Elections Act 2009 (c. 12), ss. 26(1), 43(1)(5) (with s. 26(2))