The European Parliamentary Elections (Northern Ireland) Regulations 2004
| Jurisdiction | UK Non-devolved |
2004 No 1267
REPRESENTATION OF THE PEOPLE, NORTHERN IRELAND
The European Parliamentary Elections (Northern Ireland) Regulations 2004
Made 29th April 2004
Coming into force 30th April 2004
Whereas a draft of these Regulations has been approved by a resolution of each House of Parliament;
And whereas the Secretary of State has, in accordance with section 7(1) and (2)(a) of the Political Parties, Elections and Referendums Act 20001, consulted the Electoral Commission about these Regulations;
Now, therefore, the Secretary of State in exercise of the powers conferred on him by sections 5, 6 and 7 of the European Parliamentary Elections Act 20022and, being a Minister designated for the purposes of section 2(2) of the European Communities Act 19723in relation to measures relating to the right of citizens of the Union to vote at and stand as a candidate at European Parliamentary elections, in exercise of the powers conferred on him by the said section 2(2) hereby makes the following Regulations:
PART 1
General
Citation, commencement and extent
1.—(1) These Regulations may be cited as the European Parliamentary Elections (Northern Ireland) Regulations 2004.
(2) These Regulations shall come into force on the day after the day on which they are made.
(3) These Regulations shall extend to Northern Ireland only.
Interpretation
2. Unless the context otherwise requires, in these Regulations—
“1983 Act” means the Representation of the People Act 19834;
“1985 Act” means the Representation of the People Act 19855;
“2000 Act” means the Political Parties, Elections and Referendums Act 20006;
“2001 Franchise Regulations” means the European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 20017;
“2002 Act” means the European Parliamentary Elections Act 20028;
“2003 Act” means the European Parliament (Representation) Act 20039;
“the absent voters list” means, in relation to any election, the list kept under regulation 9(6);
“Accession States” means any of the following states—
(a) the Czech Republic,
(b) the Republic of Estonia,
(c) the Republic of Cyprus,
(d) the Republic of Latvia,
(e) the Republic of Lithuania,
(f) the Republic of Hungary,
(g) the Republic of Malta,
(h) the Republic of Poland,
(i) the Republic of Slovenia,
(j) the Slovak Republic;
“the Act annexed to Council Decision 76/787” is the Act concerning the election of MEPs annexed to Council Decision 76/787/ECSC, EEC, Euratom of 20th September 1976;
“citizen of an Accession State” means a national of one of the Accession States and “relevant citizen of an Accession State” means such a citizen who is not a Commonwealth citizen or a citizen of the Republic of Ireland;
“citizen of the Union” shall be construed in accordance with Article 17.1 of the Treaty establishing the European Community10, and “relevant citizen of the Union” means such a citizen who is not a Commonwealth citizen or a citizen of the Republic of Ireland;
“dwelling” includes any part of a building where that part is occupied separately as a dwelling;
“election” means European Parliamentary election;
“election court” means in relation to a European Parliamentary election petition, the judges presiding at the trial;
“elector” in relation to an election, means any person whose name is for the time being on the register of electors, but does not include those shown in the register as below voting age on the day fixed for the poll;
“European Parliamentary elections rules” mean the rules in Schedule 1 to these Regulations;
“European Parliamentary election petition” means a petition presented in pursuance of Part 4 of these Regulations;
“European Parliamentary overseas elector” means a person falling within section 8(4) of the 2002 Act;
“European Parliamentary overseas elector’s declaration” means a declaration made in pursuance of regulations made under section 3 of the 1985 Act11;
“legal incapacity” includes (in addition to any incapacity by virtue of any subsisting provision of the common law) any disqualification imposed by these Regulations or by any Act;
“legal process” means a claim form, application, notice, writ, summons or other process;
“the list of proxies” means, in relation to any election, the list kept under regulation 11(8);
“overseas elector” means a person falling within subsection (2) of section 8 of the 2002 Act by virtue of paragraph (b) of that subsection;
“overseas elector’s declaration” has the meaning given by section 2 of the 1985 Act;
“person” includes (without prejudice to the provisions of the Interpretation Act 1978)12an association corporate or unincorporate;
“register of electors” means any part of—
(a) a register of parliamentary or, in the case of peers, local government electors,
(b) a register under section 3 of the 1985 Act, and
(c) a register under regulation 5 of the 2001 Franchise Regulations,
in force within the electoral region at the time of a European Parliamentary election in that region;
“registration officer” means the Chief Electoral Officer for Northern Ireland;
“service voter” means a person who has made a service declaration and is registered or entitled to be registered in pursuance of it;
“sub-agent” has the meaning given by regulation 35(1);
“Treaty of Athens” means the Treaty signed at Athens on 16th April 2003 concerning the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union;
“universal postal service provider” means a universal service provider (within the meaning of the Postal Services Act 2000)13; and
“voter” means a person voting at an election and includes a person voting as proxy and, except in the European Parliamentary elections rules, a person voting by proxy, and “vote” (whether noun or verb) shall be construed accordingly, except that in those rules any reference to an elector voting or an elector’s vote shall include a reference to an elector voting by proxy or an elector’s vote given by proxy.
Conduct of poll and count in the electoral region
3. The returning officer for the electoral region shall be responsible for—
(a) the conduct of the poll in the electoral region;
(b) the printing of the ballot papers;
(c) the issue and receipt of postal ballot papers for electors in the electoral region and their proxies;
(d) the verification of the ballot paper accounts; and
(e) the counting of the votes given in the electoral region.
Deputies and assistance
4.—(1) The returning officer may, in writing, appoint deputies to discharge all or any of the functions imposed on him under these Regulations.
(2) The returning officer may appoint such clerks as may be necessary to assist him in his functions in relation to an election.
Polling districts and places
5.—(1) The electoral region shall be divided into polling districts and subject to the provisions of this regulation there shall be a polling place designated for each polling district.
(2) The polling districts and polling places designated under this regulation shall be the same as those used or designated for parliamentary elections, except where it appears to those responsible for designating parliamentary polling districts and places that special circumstances make it desirable for some other polling district or place to be designated.
(3) An election shall not be questioned by reason of—
(a)
(a) any non-compliance with the provisions of this regulation; or
(b)
(b) any informality relative to polling districts or polling places.
Rules for European Parliamentary elections
6.—(1) The proceedings at a European Parliamentary election shall be conducted in accordance with the European Parliamentary elections rules in Schedule 1 to these Regulations.
(2) It is the returning officer’s general duty at a European Parliamentary election to do all such acts and things as may be necessary for effectually conducting the election in the manner provided by those rules.
(3) No European Parliamentary election shall be declared invalid by reason of any act or omission by the returning officer or any other person in breach of his official duty in connection with the election or otherwise of the European Parliamentary elections rules if it appears to the tribunal having cognizance of the question that—
(a)
(a) the election was so conducted as to be substantially in accordance with the law as to elections; and
(b)
(b) the act or omission did not affect its result.
Manner of voting
7.—(1) This regulation applies to determine the manner of voting of a person entitled to vote as an elector at a European Parliamentary election.
(2) He may vote in person at the polling station allotted to him under the European Parliamentary elections rules, unless he is entitled as an elector to an absent vote at the election.
(3) He may vote by post if he is entitled as an elector to vote by post at the election.
(4) If he is entitled to vote by proxy at the election, he may so vote unless, before a ballot paper has been issued for him to vote by proxy, he applies at the polling station allotted to him under the European Parliamentary elections rules for a ballot paper for the purpose of voting in person, in which case he may vote in person there.
(5) If he is not entitled as an elector to an absent vote at the election but cannot reasonably be expected to go in person to the polling station allotted to him under the European Parliamentary elections rules by reason of the particular circumstances of his employment, either as a constable or by the returning officer, on the date of the poll for a purpose...
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