Statement as to Postal Ballot Papers
| Year | 2004 |
2004 No. 293
REPRESENTATION OF THE PEOPLE
The European Parliamentary Elections Regulations 2004
Made 22th March 2004
Coming into force 23th March 2004
The Secretary of State, in exercise of the powers conferred on him by sections 5, 6(5) and 7 of the European Parliamentary Elections Act 20021and by sections 17, 18, 23(2) and 25(3) of the European Parliament (Representation) Act 20032, 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 elections4, in exercise of the powers conferred on him by the said section 2(2), after consulting the Electoral Commission pursuant to section 7(2)(a) of the Political Parties, Elections and Referendums Act 20005and section 17(4) of the European Parliament (Representation) Act 2003, and in accordance with a recommendation of the Electoral Commission under section 8(2) of the Political Parties, Elections and Referendums Act 2000, hereby makes the following Regulations, a draft of which has been laid before and approved by a resolution of each House of Parliament:
PART 1
GENERAL
Citation, commencement and extent
1.—(1) These Regulations may be cited as the European Parliamentary Elections Regulations 2004.
(2) They shall come into force on the day after the day on which they are made.
(3) They shall extend to England, Wales, Scotland and Gibraltar.
Interpretation
2.—(1) the context otherwise requires, in these Regulations—
“1983 Act” means the Representation of the People Act 19836;
“1985 Act” means the Representation of the People Act 19857;
“1986 (Scotland) Regulations” means the Representation of the People (Scotland) Regulations 19868;
“2000 Act” means the Political Parties, Elections and Referendums Act 20009;
“2001 Franchise Regulations” means the European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 200110;
“2001 Regulations” means the Representation of the People (England and Wales) Regulations 200111;
“2001 (Scotland) Regulations” means the Representation of the People (Scotland) Regulations 200112;
“2002 Act” means the European Parliamentary Elections Act 2002;
“2003 Act” means the European Parliament (Representation) Act 2003;
“the absent voters list” means, in relation to any election, the list kept under paragraph 5 of Schedule 2 to these Regulations;
“Accession State” 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, or
(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 197613;
“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 Community14, and “relevant citizen of the Union” means such a citizen who is not a Commonwealth citizen or a citizen of the Republic of Ireland;
“the City” means the City of London;
“Combination of Polls Regulations” means the Representation of the People (Combination of Polls) (England and Wales) Regulations 200415;
“Common Council” means the Common Council of the City;
“dwelling” includes any part of a building where that part is occupied separately as a dwelling;
“election” means a European Parliamentary election;
“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” means 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 Act16;
“Gibraltar elector” in relation to an election, means any person whose name is for the time being on the Gibraltar register, but does not include those shown in the register as below voting age on the day fixed for the poll;
“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;
“list” means a list of candidates submitted by a registered party to accompany its nomination for election;
“local counting area” means any of the following—
(a) a parliamentary constituency wholly or partly comprised in an electoral region in England, or in Wales or Scotland, or
(b) Gibraltar;
“the list of proxies” has, in relation to any election, the meaning given by paragraph 3(4)(c) of Schedule 2 to these Regulations;
“mayoral election” means an election conducted under the Local Authorities (Mayoral Elections) (England and Wales) Regulations 200217;
“national election agent” means the person appointed under regulation 33;
“nominating officer” means the person registered under the 2000 Act as the officer with responsibility for the matters referred to in section 24(3) of that Act in respect of a registered party;
“overseas elector” means a person falling within subsection (2) of section 8 of the 2002 Act by virtue of paragraph (b) of that subsection or, in Gibraltar, a person falling within section 16(2) of the 2003 Act;
“overseas elector’s declaration” has the meaning given by section 2 of the 1985 Act or, in relation to Gibraltar, paragraph 15 of Schedule 4;
“person” includes (without prejudice to the provisions of the Interpretation Act 197818) an association corporate or unincorporate;
“proper officer” in England and Wales means a proper officer within the meaning of section 270(3) and (4) of the Local Government Act 197219, or in Scotland section 235(5) of the Local Government (Scotland) Act 197320;
“referendum” means a referendum conducted under the Local Authorities (Conduct of Referendums) (England) Regulations 200121;
“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,
(c) a register under regulation 5 of the 2001 Franchise Regulations, and
(d) the Gibraltar register22,
in force within an electoral region at the time of a European Parliamentary election in that region;
“registered party” means a party registered under Part 2 of the 2000 Act;
“registration officer” means an officer appointed under section 8 of the 1983 Act23or, in relation to Gibraltar, the clerk of the House of Assembly of Gibraltar24;
“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) in relation to registered parties under Part 2 of the 2000 Act or regulation 39(1) in relation to individual candidates;
“Treaty of Athens” means the Treaty signed at Athens on 16th April 200325concerning 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 200026; 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.
(2) Part 1 of these Regulations shall (subject to any express provision contained in it) apply to the City as if the City were a London Borough and the Common Council were a London borough council.
For the purposes of this paragraph the Inner Temple and the Middle Temple shall be treated as forming part of the City.
(3) The modifications made by paragraph (2) do not affect regulation 19(3).
General application in relation to local government elections in England and Wales
3. In the application of these Regulations in relation to England and Wales, as respects local government elections—
“the 1999 Act” means the Greater London Authority Act 1999;
“Assembly constituency” has the same meaning as in the 1999 Act (see section 2(4) and (5) of that Act);
“Authority election” means—
(a) any election of the Mayor of London;
(b) any election of a constituency member of the London Assembly; or
(c) the election of the London members of the London Assembly at an ordinary election;
“constituency member”, in relation to the London Assembly, has the same meaning as in the 1999 Act;
“election of a constituency member of the London Assembly” means—
(a) any such election at an ordinary election; or
(b) an...
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