European Assembly Elections Act 1978 (Repealed)

SCHEDULES

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 [F3 85][F2 European Parliamentary] constituencies, of which—

(a) [F3 71] shall be in England;

(b) 8 shall be in Scotland;

(c) [F3 5n] 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)

F3 Words in Sch. 1 para. 1(2) substituted (1.5.1994) by 1993 c. 41, s. 1(2),; S.I. 1994/1089, art. 2

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)

[F4 European Parliamentary] elections U.K.

Textual Amendments

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

2 [F5 (1) The persons entitled to vote as electors at an [F6 European Parliamentary] election in any particular [F6 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 [F6 European Parliamentary] constituency (excluding any person not registered in the register of parliamentary electors at an address within the [F6 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 [F6 European Parliamentary] constituency (excluding any peer not registered at an address within the [F6 European Parliamentary] constituency for the purposes of local government elections).]

[(2) In an [F6 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 [F6 European Parliamentary] elections [F7 (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.

[F8 (3A) Regulations under this paragraph may make provision (including the creation of criminal offences)—

(a) about the limitation of election expenses (including expenses incurred in relation to a general election as a whole);

(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 [F6 European Parliamentary] elections;

[F9 (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 [F10 26]of the M1 Welsh Language Act [F10 1993](power to prescribe Welsh version) shall apply in relation to regulations under this paragraph as it applies in relation to [F10 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

F5 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))

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

F7 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))

F8 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))

F9 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)

F10 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)

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.

[F11 3 (1) Regulations under paragraph 2 shall include 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 3 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 shall 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.

(4) A statutory instrument containing an order made by virtue of sub-paragraph (3) shall be laid before Parliament after being made.]

Textual Amendments

F11 Sch. 1 para. 3 substituted (16.3.1999 in so far as the substitution confers any power to make subordinate legislation and 1.5.1999 otherwise) by 1999 c. 1, s. 3(1), Sch. 2 paras. 1, 8; S.I. 1999/717, art. 2(1)(2) (with art. 2(3))

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

[F12 4 (1) There shall be a returning officer for each electoral region who shall be—

(a) in the case of a region in England and in the case of Wales, a person who—

(i) is an acting returning officer by virtue of section 28(1) of the Representation of the M2 People Act 1983, and

(ii) is designated for the purposes of this sub-paragraph by order of the Secretary of State;

(b) in the case of Scotland, a person who—

(i) is a returning officer by virtue of section 25 of that Act, and

(ii) is designated for the purposes of this sub-paragraph by order of the Secretary of State;

(c) in the case of Northern Ireland, the Chief Electoral Officer.

(2) Regulations under paragraph 2 may confer functions on the returning officers for electoral regions and on persons who are, in relation to parliamentary elections—

(a) in the case of England and Wales, acting returning officers, or

(b) in the case of Scotland, returning officers.

(3) The council of a relevant area which is wholly or partly within an electoral region shall place the services of their officers at the disposal of any person on whom functions in relation to that region are conferred in accordance with sub-paragraph (2), for the purpose of assisting him in the discharge of those functions.

(4) In sub-paragraph (3), “relevant area” means—

(a) a district or London borough in England,

(b) a county or county borough in Wales, and

(c) a local government area in Scotland.]

Textual Amendments

F12 Sch. 1 para. 4 substituted (16.3.1999 in so far as the substitution confers any power to make subordinate legislation and 1.5.1999 otherwise) by 1999 c. 1, s. 3(1); S.I. 1999/717, art. 2(1)(2) (with art. 2(3))

Modifications etc. (not altering text)

C7 Sch. 1 para. 4(1)(a)(b) amended (16.2.2001) by 2000 c. 41, s. 7(2)(b) (with s. 156(6)); S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)

C8 Sch. 1 para. 4(3)(4): functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Marginal Citations

M2 1983 c. 2.

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 [F13 Member of] the Assembly if—

(a) he is disqualified, whether under the M3 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 [Member of] the Assembly for a particular [F14 European Parliamentary][F15 electoral region] if he is under section 1(2) of the M4 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 [F14 European Parliamentary][F15 electoral region].

[F16 (2A) A citizen of the Union, determined in accordance with article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union), who is not a Commonwealth citizen or citizen of the Republic of Ireland is disqualified under this paragraph for the office of [F13 Member of] the European Parliament if he is disqualified for that office through a criminal law or civil law decision under the law of the Member State of which he is a national.

(2B) In sub-paragraph (2A) above “a criminal law or civil law decision” has the same meaning as it has in the directive of the Council of the European Communities No.93/109/EC.]

(3) A person is not disqualified for office as a [F13 Member of]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 M5 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 M6 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.

[F17 or

(e) that he is disqualified under section 3 of the Act of Settlement F18 (disqualification for membership of either House of Parliament of persons born out of the Kingdoms of England, Scotland or Ireland or the dominions thereunto belonging except those who are Commonwealth citizens or citizens of the Republic of Ireland), provided that he is a citizen of the Union, determined in accordance with article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union), who is resident in the United Kingdom.]

[F19 (4) If a person who is disqualified under this paragraph for the office of MEP is returned as an MEP under—

(a) section 3, or

(b) regulations made in accordance with paragraph 3(1),

his return shall be void and his seat vacant.

(4A) If a person who is disqualified under this paragraph for the office of MEP for a particular electoral region is returned as an MEP for that region under—

(a) section 3, or

(b) regulations made in accordance with paragraph 3(1),

his return shall be void and his seat vacant.]

(5) If a [F13 Member of]the Assembly becomes disqualified under this paragraph for the office of [F13 Member of] the Assembly or for the office of [F13 Member of] the Assembly for the [F14 European Parliamentary][F15 electoral region] for which he was [F20 returned], 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

F13 Words in Sch. 1 para. 5(1)(2)(2A)(3)(5) substituted (16.3.1999 in so far as the substitution confers any power to make subordinate legislation and 1.5.1999 otherwise) by 1999 c. 1, s. 3(1), Sch. 2 paras. 1, 10(a); S.I. 1999/717, art. 2(1)(2) (with art. 2(3))

F14 Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)

F15 Words in Sch. 1 para. 5(2)(5) substituted (16.3.1999 in so far as the substitution confers any power to make subordinate legislation and 1.5.1999 otherwise) by 1999 c. 1, s. 3(1), Sch. 2 paras. 1, 10(b); S.I. 1999/717, art. 2(1)(2) (with art. 2(3))

F16 Schedule 1 para. 5 (2A)(2B) inserted (17.2.1994) by S.I. 1994/342, reg. 3(1)

F17 Sch. 1 para. 5(3)(e) inserted (17.2.1994) by S.I. 1994/342, reg. 3(2)

F18 12&13Will. 3 Sch. 2, as amended by Schedule 7 to the British Nationality Act 1981 (c. 61).

F19 Sch. 1 para. 5(4)(4A) substituted for Sch. 1 para. 5(4) (16.3.1999 in so far as the substitution confers any power to make subordinate legislation and 1.5.1999 otherwise) by 1999 c. 1, s. 3(1), Sch. 2 paras 1, 10(c); S.I. 1999/717, art. 2(1)(2) (with art. 2(3))

F20 Word in Sch. 1 para. 5(5) substituted (16.3.1999 in so far as the substitution confers any power to make subordinate legislation and 1.5.1999 otherwise) by 1999 c. 1, s. 3(1), Sch. 2 paras. 1, 10(d); S.I. 1999/717, art. 2(1)(2) (with art. 2(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

M3 1975 c. 24.

M4 1975 c. 24.

M5 1975 c. 24.

M6 1975 c. 24.

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

6 [F21 (1) Any person may apply to the court for a declaration or, as the case may be, a declarator that a person who purports to be an MEP -

(a) is disqualified, or

(b) was disqualified at the time when, or at some time since, he was returned as an MEP under section 3 or under regulations made in accordance with paragraph 3(1).

(1A) The decision of the court on an application under this paragraph 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 [F22 £5,000], 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 [F23 European Parliamentary][F24 electoral region] 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 [F25 Member of] to the Assembly (whether generally or in relation to a particular [F23 European Parliamentary][F24 electoral region]).

[F26 (6) The Secretary of State may by order substitute another figure for the figure in sub-paragraph (2).

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

Textual Amendments

F21 Sch. 1 para. 6(1)(1A) substituted for Sch. 1 para. 6(1) (16.3.1999 in so far as the substitution confers any power to make subordinate legislation and 1.5.1999 otherwise) by 1999 c. 1, s. 3(1), Sch. 2 paras. 1, 11(2); S.I. 1999/717, art. 2(1)(2) (with art. 2(3))

F22 Word in Sch. 1 para. 6(2) substituted (16.3.1999 in so far as the substitution confers any power to make subordinate legislation and 1.5.1999 otherwise) by 1999 c. 1, s. 3(1), Sch. 2 paras. 1, 11(3); S.I. 1999/717, art. 2(1)(2) (with art. 2(3))

F23 Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)

F24 Words in Sch. 1 para. 6(5) substituted (16.3.1999 in so far as the substitution confers any power to make subordinate legislation and 1.5.1999 otherwise) by 1999 c. 1, s. 3(1), Sch. 2 paras. 1, 11(4)(a); S.I. 1999/717, art. 2(1)(2) (with art. 2(3))

F25 Words in Sch. 1 para. 6(5) substituted (16.3.1999 in so far as the substitution confers any power to make subordinate legislation and 1.5.1999 otherwise) by 1999 c. 1, s. 3(1), Sch. 2 paras. 1, 11(4)(b); S.I. 1999/717, art. 2(1)(2) (with art. 2(3))

F26 Sch. 1 para. 6(6)(7) 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), Sch. 2 para. 1, 11(5); S.I. 1999/717, art. 2(1)(2) (with art. 2(3))

Section 3 and Schedule 1, para. 1.

SCHEDULE 2 U.K. [F27 European Parliamentary] Constituencies in Great Britain

Textual Amendments

F27 Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)

Part I U.K.

Reports of Boundary Commission and Orders in Council U.K.

[F28 1 If—

(a) an Order in Council has been made under [F29 the 1986 Act] giving effect, with or without modifications, to the recommendations contained in a report submitted to the Secretary of State under [F30 section 3(1)] of that Act by the Boundary Commission for any part of Great Britain; or

(b) the Boundary Commission for any part of Great Britain have submitted a report to the Secretary of State under [F30 section 3(1)] stating that, in the opinion of the Commission, no alteration is required to be made in the parliamentary constituencies into which that part of Great Britain is divided;

the Boundary Commission shall thereupon proceed to consider the representation in [F31 the European Parliament] of the part of Great Britain with which they are concerned and shall as soon as may be after that time submit to the Secretary of State a supplementary report in accordance with paragraph 2 below.]

Textual Amendments

F28 Sch. 2 para. 1 substituted by European Assembly Elections Act 1981 (c. 8, SIF 42), s.1(1)

F29 Words substituted by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 5(2)(a)

F30 Words substituted by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 5(2)(b)

F31 Reference to the European Parliament substituted retrospectively for reference to the Assembly by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(a)(3)

2 [F32 The supplementary report which the Boundary Commission for any part of Great Britain is required under paragraph 1 above to submit to the Secretary of State shall be a] report either—

(a) showing the [F33 European Parliamentary] constituencies into which they recommend that that part of Great Britain should be divided in order to give effect to the provisions of paragraph 1(2) of Schedule 1 to this Act and Part II of this Schedule; or

(b) stating that, in the opinion of the Commission, no alteration is required to be made in the [F33 European Parliamentary] constituencies in that part of Great Britain in order to give effect to those provisions.

Textual Amendments

F32 Words substituted by European Assembly Elections Act 1981 (c. 8, SIF 42), s. 1(2)

F33 Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)

[F34 3 If—

(a) an Order in Council has been made under [F35 the 1986 Act] giving effect, with or without modifications, to recommendations for the alteration of any particular parliamentary constituency or constituencies contained in a report submitted to the Secretary of State under [F36 section 3(3)] of that Act by the Boundary Commission for any part of Great Britain; and

(b) the result of the alterations in parliamentary constituencies made by the Order is that paragraph 9 below is no longer complied with in relation to one or more of the [F37 European Parliamentary] constituencies into which that part of Great Britain is divided;

the Boundary Commission shall thereupon proceed to consider in what manner the [F37 European Parliamentary] constituency or constituencies affected should be altered in order that paragraph 9 be complied with and shall as soon as may be after that time submit to the Secretary of State a supplementary report showing the alterations which they recommended should be made in the [F37 European Parliamentary] constituency or constituencies for that purpose.]

Textual Amendments

F34 Sch. 2 para. 3 substituted by European Assembly Elections Act 1981 (c. 8, SIF 42), s. 1(3)

F35 Words substituted by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 5(3)(a)

F36 Words substituted by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 5(3)(b)

F37 Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)

[F38 4 A supplementary report of a Boundary Commission under this Schedule showing the [F39 European Parliamentary] constituencies into which they recommend that any area should be divided shall state, as respects each [F39 European Parliamentary] constituency, the name by which they recommend that it should be known.]

Textual Amendments

F38 Sch. 2 paras. 4, 4A, 4B substituted for para. 4 by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 5(4)

F39 Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)

4A (1) Where the Boundary Commission for any part of Great Britain intend to consider making a supplementary report under this Schedule, they shall, by notice in writing, inform the Secretary of State accordingly, and a copy of the notice shall be published—

(a) in a case where it was given by the Boundary Commission for England or the Boundary Commission for Wales, in the London Gazette, and

(b) in a case where it was given by the Boundary Commission for Scotland, in the Edinburgh Gazette.

(2) As soon as may be after a Boundary Commission have submitted a supplementary report to the Secretary of State under this Schedule, he shall lay the report before Parliament together, except in a case where the report states that no alteration is required to be made in respect of the part of Great Britain with which the Commission are concerned, with the draft of an Order in Council for giving effect, whether with or without modifications, to the recommendations contained in the report.

4B (1) The draft of any Order in Council laid before Parliament by the Secretary of State under this Schedule for giving effect, whether with or without modifications, to the recommendations contained in a supplementary report of a Boundary Commission may make provision for any matters which appear to him to be incidental to, or consequential on, the recommendations.

(2) Where any such draft gives effect to any such recommendations with modifications, the Secretary of State shall lay before Parliament together with the draft a statement of the reasons for the modifications.

(3) If any such draft is approved by resolution of each House of Parliament, the Secretary of State shall submit it to Her Majesty in Council.

(4) If a motion for the approval of any such draft is rejected by either House of Parliament or withdrawn by leave of the House, the Secretary of State may amend the draft and lay the amended draft before Parliament, and if the draft as so amended is approved by resolution of each House of Parliament, the Secretary of State shall submit it to Her Majesty in Council.

(5) Where the draft of an Order in Council is submitted to Her Majesty in Council under this Schedule, Her Majesty in Council may make an Order in terms of the draft which (subject to paragraph 8 below) shall come into force on such date as may be specified in the Order and shall have effect notwithstanding anything in any enactment.

(6) The validity of any Order in Council purporting to be made under this Schedule and reciting that a draft of the Order has been approved by resolution of each House of Parliament shall not be called in question in any legal proceedings whatsoever.

5 (1) Where a Boundary Commission have provisionally determined to make recommendations with respect to any [F40 European Parliamentary] constituency, they shall publish a notice under this paragraph in such manner as they think best calculated to bring it to the attention of those concerned.

(2) A notice under this paragraph relating to an [F40 European Parliamentary] constituency shall state—

(a) the effect of the proposed recommendations with respect to that constituency and (except where the proposed recommendations do not involve any alteration in that [F40 European Parliamentary] constituency) that copies of the recommendations are open to inspection at one or more specified places within each parliamentary constituency included in that [F40 European Parliamentary] constituency; and

(b) that representations with respect to the proposed recommendations may be made to the Commission within one month after the first publication of the notice,

and the Commission shall take into consideration any representations duly made in accordance with any such notice.

[F41 (3) Where a Boundary Commission revise any proposed recommendations after publishing a notice of them under this paragraph the Commission shall publish a further notice under this paragraph in relation to the revised recommendations, as if no earlier notice had been published.]

Textual Amendments

F40 Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)

F41 Sch. 2 para. 5(3) inserted by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 5(5)

[F42 5A (1) A Boundary Commission may, if they think fit, cause a local inquiry to be held in respect of any [F43 European Parliamentary] constituency or constituencies.

(2) Where, on the publication of the notice under paragraph 5 above of a recommendation of a Boundary Commission for the alteration of any [F43 European Parliamentary] constituencies, the Commission receive any representation objecting to the proposed recommendation from an interested authority or from a body of electors numbering five hundred or more, the Commission shall not make the recommendation unless, since the publication of the notice, a local inquiry has been held in respect of the [F43 European Parliamentary] constituencies.

(3) Where a local inquiry was held in respect of the [F43 European Parliamentary] constituencies before the publication of the notice mentioned in sub-paragraph (2) above, that sub-paragraph shall not apply if the Commission, after considering the matters discussed at the local inquiry, the nature of the representations received on the publication of the notice and any other relevant circumstances, are of opinion that a further local inquiry would not be justified.

(4) In sub-paragraph (2) above, “interested authority” and “elector” respectively means, in relation to any recommendation, a local authority whose area is wholly or partly comprised in the [F43 European Parliamentary] constituencies affected by the recommendation, and an elector for any of those [F43 European Parliamentary] constituencies; and for this purpose “local authority” means—

(a) in England F44 . . ., the council of a county, London borough or district

[F45 (aa) in Wales, the council of a county or county borough;]and

(b) in Scotland, [F46 a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994].]

Textual Amendments

F42 Sch. 2 para. 5A inserted by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 5(6)

F43 Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)

F44 Words in Sch. 2 para. 5A(4)(a) repealed (1.1.1996) by 1994 c. 19, s. 66(6)(8), Sch. 16 para. 54(2), Sch. 18; S.I. 1995/3198, art. 6(1), Sch. 4 (with art. 6(2))

F45 Sch. 2 para. 5A(4)(aa) inserted (1.1.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 54(2); 1995/3198, art. 6(1), Sch. 4 (with art. 6(2))

F46 Words in Sch. 2 para. 5A(4)(b) substituted (s.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 110(3); S.I. 1996/323, art. 4(1)(c)

6 Section 250(2) and (3) of the M7 Local Government Act 1972 or, as the case may be, section 210(4) and (5) of the M8 Local Government (Scotland) Act 1973 (attendance of witnesses at inquiries) shall apply in relation to an inquiry held in pursuance of [F47 paragraph 5A] above.

Textual Amendments

F47 Words substituted by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 5(7)

Marginal Citations

M7 1972 c. 70.

M8 1973 c. 65.

7 Nothing in [F48 paragraphs 4A and 4B] above shall be taken as enabling the Secretary of State to modify any recommendation or draft Order in Council in a manner conflicting with the provisions of Part II of this Schedule.

Textual Amendments

F48 Words substituted by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 5(8)

8 (1) An Order in Council under [F49 this Schedule] shall apply to the first general election of representatives to the Assembly held after the Order comes into force and (subject to any further Order in Council) to any subsequent [F50 European Parliamentary] election, but shall not affect any earlier election.

(2) The validity of an [F50 European Parliamentary] election held in an [F50 European Parliamentary] constituency consisting of an area determined by an Order in Council made under [F49 this Schedule], being an Order which applies to that election, shall not be affected by any alteration made in any parliamentary constituency since the making of that Order.

Textual Amendments

F49 Words substituted by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 5(9)

F50 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)

Part II U.K.

Modifications etc. (not altering text)

C12 Sch. 2 Pt. II extended (with modifications) (5.11.1993) by 1993 c. 41, s. 2(4)

Division of Great Britain into [F51 European Parliamentary] Constituencies U.K.

Textual Amendments

F51 Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)

9 In Great Britain—

(a) each [F52 European Parliamentary] constituency shall consist of an area that includes two or more parliamentary constituencies; and

(b) no parliamentary constituency shall be included partly in one [F52 European Parliamentary] constituency and partly in another.

Textual Amendments

F52 Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)

10 The electorate of any [F53 European Parliamentary] constituency in Great Britain shall be as near the electoral quota as is reasonably practicable having regard, where appropriate, to special geographical considerations.

Textual Amendments

F53 Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)

Part III U.K.

Modifications etc. (not altering text)

C13 Sch. 2 Pt. III extended (with modifications) (5.11.1993) by 1993 c. 41, s. 2(4)

Interpretation U.K.

11 In this Schedule—

• [F54 “the 1986 Act” means the Parliamentary Constituencies Act 1986];

• “Boundary Commission” means a Boundary Commission [F55 provided for by the 1986 Act] other than the Boundary Commission for Northern Ireland.

Textual Amendments

F54 Words substituted by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 5(10)(a)

F55 Words substituted by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 5(10)(b)

12 In Part II of this Schedule and this paragraph in their application to a part of Great Britain for which there is a Boundary Commission—

• “electoral quota” means the number obtained by dividing the electorate of that part of Great Britain by the number of [F56 European Parliamentary] constituencies specified for that part in paragraph 1(2) of Schedule 1 to this Act;

• “electorate” means—

  (a)

  in relation to an [F56 European Parliamentary] constituency, the number of persons whose names appear on the relevant registers for that [F56 European Parliamentary] constituency in force on the enumeration date;

  (b)

  in relation to that part of Great Britain, the number of persons whose names appear on the relevant registers for that part of Great Britain in force on the enumeration date;

• [F57 “enumeration date” means, in relation to any supplementary report of a Boundary Commission under this Schedule, the date on which the notice with respect to that report is published in accordance with [F58 paragraph 4A above]];

• “the relevant registers” means the following registers under the Representation of the People Acts, namely—

  (a)

  in relation to an [F56 European Parliamentary] constituency, the registers of parliamentary electors to be used at an [F56 European Parliamentary] election in that [F56 European Parliamentary] constituency;

  (b)

  in relation to that part of Great Britain, the registers of parliamentary electors for the parliamentary constituencies in that part.

Textual Amendments

F56 Words substituted retrospectively by virtue of European Communities (Amendment) Act 1986 (c. 58, SIF 29:5), s. 3(1)(b)(3)

F57 Definition substituted by European Assembly Elections Act 1981 (c. 8, SIF 42), s. 1(5)

F58 Words substituted by Parliamentary Constituencies Act 1986 (c. 56, SIF 42), s. 7, Sch. 3 para. 5(11)

Modifications etc. (not altering text)

C14 Reference to the registers 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