European Assembly Elections Act 1978 (Repealed)

Section 3.

SCHEDULE 1 U.K. Simple Majority System (for Great Britain) with S.T.V. (for Northern Ireland)

[F1 European Parliamentary] constituencies 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)

1 (1) Representatives to the Assembly shall be elected in Great Britain for the [F2 European Parliamentary] constituencies for the time being specified in an Order in Council under Schedule 2 to this Act, and in Northern Ireland for a single [F2 European Parliamentary] constituency comprising the whole of Northern Ireland; and there shall be—

(a) one representative for each such constituency in Great Britain; and

(b) three representatives for the [F2 European Parliamentary] constituency of Northern Ireland.

(2) There shall be a total of 79 [F2 European Parliamentary] constituencies, of which—

(a) 66 shall be in England;

(b) 8 shall be in Scotland;

(c) 4 shall be in Wales;

(d) 1 shall be that of Northern Ireland.

Textual Amendments

F2 Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)

Modifications etc. (not altering text)

C1 References to the European Parliament substituted retrospectively for references to the Assembly by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(a)(3)

[F3 European Parliamentary] elections U.K.

Textual Amendments

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

2 (1) The persons entitled to vote as electors at an [F4 European Parliamentary] election in any particular [F4 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 [F4 European Parliamentary] constituency (excluding any person not registered in the register of parliamentary electors at an address within the [F4 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 [F4 European Parliamentary] constituency (excluding any peer not registered at an address within the [F4 European Parliamentary] constituency for the purposes of local government elections).

(2) In an [F4 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 [F4 European Parliamentary] elections (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.

(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 [F4 European Parliamentary] elections;

(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 2(1) of the M1 Welsh Language Act 1967 (power to prescribe Welsh version) shall apply in relation to regulations under this paragraph as it applies in relation to enactments.

(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.

Subordinate Legislation Made

P1 Sch. 1 para. 2: for previous exercises of power see Index to Government Orders

Sch. 1 para. 2: power exercised (G.B.) by S.I. 1991/1243

Sch. 1 para 2: power exercised (N.I.) by S.I.1991/1675

Textual Amendments

F4 Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)

Modifications etc. (not altering text)

C2 Sch. 1 para. 2 modified (S.) by S.I. 1986/1111, regs. 2, 97(1)(3)

C3 Sch. 1 para. 2 modified (E.W.) by S.I. 1986/1081, regs. 2, 99(1)(3)

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

Marginal Citations

M1 1967 c. 66.

Times of elections U.K.

3 (1) Each general election of representatives to the Assembly shall be held on a day appointed by order of the Secretary of State.

(2) Subject to sub-paragraph (4) below, where, an [F5 European Parliamentary] election having been held in any particular [F5 European Parliamentary] constituency, the seat of a representative to the Assembly is or falls vacant, a by-election shall be held to fill the vacancy.

(3) A by-election in pursuance of sub-paragraph (2) above shall be held on a day appointed by order of the Secretary of State, being a day not later than six months after the occurrence of either of the following events, namely—

(a) notification of the vacancy by the Assembly under Article 12(2); or

(b) declaration of the vacancy by the Secretary of State.

(4) A by-election need not be held if the latest date for holding it would fall on or after the relevant Thursday (that is to say the Thursday with which the next period for holding elections to the Assembly in all the member States would begin in accordance with Article 10(2) in the absence of any determination by the Council thereunder).

(5) A statutory instrument made under this paragraph shall be laid before Parliament after being made.

Textual Amendments

F5 Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)

Modifications etc. (not altering text)

C7 References to the European Parliament substituted retrospectively for references to the Assembly by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(a)(3)

Returning officers, and staff to assist them U.K.

4 (1) In England and Wales the returning officer for an [F6 European Parliamentary] election in any [F6 European Parliamentary] constituency shall be the person who is the returning officer for parliamentary elections for such one of the parliamentary constituencies wholly or partly comprised in that [F6 European Parliamentary] constituency as may be designated in an order made by the Secretary of State.

(2) In Scotland the returning officer for an [F6 European Parliamentary] election shall be—

(a) in the case of an [F6 European Parliamentary] constituency wholly situated in one region or islands area, the person who under [F7 section 41 of the Representation of the People Act 1983] is, or may discharge the functions of, the returning officer at elections of councillors for the council of that region or islands area;

(b) in the case of an [F6 European Parliamentary] constituency situated in more than one region or islands area, such person as aforesaid as the Secretary of State may by order direct.

(3) In Northern Ireland the Chief Electoral Officer shall be the returning officer for every [F6 European Parliamentary] election.

(4) The council of a local government area wholly or partly situated in an [F6 European Parliamentary] constituency in England, Wales or Scotland shall place the services of their officers at the disposal of the returning officer for that [F6 European Parliamentary] constituency for the purpose of assisting him in the discharge of any functions conferred on him in relation to an [F6 European Parliamentary] election in that [F6 European Parliamentary] constituency.

(5) In this paragraph “local government area” means—

(a) in England and Wales, a district or London borough;

(b) in Scotland, a region, islands area or district.

Textual Amendments

F6 Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)

F7 Words substituted by Representation of the People Act 1983 (c. 2, SIF 42), ss. 205(2), 206, Sch. 8 para. 23

Modifications etc. (not altering text)

C8 Reference to the returning officer for parliamentary elections to be construed as mentioned in Representation of the People Act 1983 (c. 3, SIF 42), ss. 205, 206, Sch. 7 para. 11(b)

Disqualification for office of representative to Assembly U.K.

Modifications etc. (not altering text)

C9 References to the European Parliament substituted retrospectively for references to the Assembly by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(a)(3)

5 (1) Subject to sub-paragraph (3) below, and without prejudice to Article 6(1) (incompatibility of office of representative with certain offices in or connected with Community institutions), a person is disqualified for the office of representative to the Assembly if—

(a) he is disqualified, whether under the M2 House of Commons Disqualification Act 1975 or otherwise, for membership of the House of Commons; or

(b) he is a Lord of Appeal in Ordinary.

(2) A person is disqualified for the office of representative to the Assembly for a particular [F8 European Parliamentary] constituency if he is under section 1(2) of the M3 House of Commons Disqualification Act 1975 disqualified for membership of the House of Commons for any particular parliamentary constituency wholly or partly comprised in that [F8 European Parliamentary] constituency.

(3) A person is not disqualified for office as a representative to the Assembly by reason only—

(a) that he is a peer, whether of the United Kingdom, Great Britain, England or Scotland; or

(b) that he has been ordained or is a minister of any religious denomination; or

(c) that he holds an office mentioned in section 4 of the M4 House of Commons Disqualification Act 1975 (stewardship of Chiltern Hundreds etc.); or

(d) that he holds any of the offices for the time being described in Part II or Part III of Schedule 1 to the M5 House of Commons Disqualification Act 1975 which are for the time being designated in an order by the Secretary of State as nondisqualifying offices in relation to the Assembly.

(4) If any person disqualified under this paragraph for the office of representative to the Assembly, or for the office of representative to the Assembly for a particular [F8 European Parliamentary] constituency, is elected as a representative to the Assembly or as a representative for that constituency, as the case may be, his election shall be void.

(5) If a representative to the Assembly becomes disqualified under this paragraph for the office of representative to the Assembly or for the office of representative to the Assembly for the [F8 European Parliamentary] constituency for which he was elected, his seat shall be vacated.

(6) A statutory instrument made under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F8 Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)

Modifications etc. (not altering text)

C10 References to the European Parliament substituted retrospectively for references to the Assembly by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(a)(3)

Marginal Citations

M2 1975 c. 24.

M3 1975 c. 24.

M4 1975 c. 24.

M5 1975 c. 24.

Judicial proceedings as to disqualification under paragraph 5 U.K.

6 (1) Any person who claims that a person purporting to hold office as a representative to the Assembly is disqualified or was disqualified at the time of, or at any time since, his election may apply to the court for a declaration or, as the case may be, declarator to that effect, and the decision of the court on the application shall be final.

(2) On an application under this paragraph the person in respect of whom the application is made shall be the respondent or, as the case may be, defender; and the applicant shall give such security for the costs or expenses of the proceedings, not exceeding £200, as the court may direct.

(3) No declaration or declarator shall be made under this paragraph in respect of any person on grounds which subsisted at the time of his election if there is pending, or has been tried, an election petition in which his disqualification on those grounds is, or was, in issue.

(4) Any declaration or declarator made by the court on an application under this paragraph shall be certified in writing to the Secretary of State forthwith by the court.

(5) The court for the purposes of this paragraph is the High Court, the Court of Session or the High Court of Justice in Northern Ireland according as the [F9 European Parliamentary] constituency to which the application relates is in England and Wales, or Scotland, or Northern Ireland; and in this paragraph “disqualified” means disqualified under paragraph 5 above for the office of representative to the Assembly (whether generally or in relation to a particular [F9 European Parliamentary] constituency).

Textual Amendments

F9 Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)

Modifications etc. (not altering text)

C11 References to the European Parliament substituted retrospectively for references to the Assembly by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(a)(3)