European Assembly Elections Regulations 1986
| Jurisdiction | UK Non-devolved |
| Citation | SI 1986/2209 |
| Year | 1986 |
1986 No. 2209
REPRESENTATION OF THE PEOPLE
The European Assembly Elections Regulations 198615thDecember 1986
Whereas a draft of these Regulations has been approved by a resolution of each House of Parliament:
Now, therefore, in exercise of the powers conferred upon me by paragraph 2 of Schedule 1 to the European Assembly Elections Act 1978 (a), I hereby make the following Regulations:—
Citation and extent
1.—(1) These Regulations may be cited as the European Assembly Elections Regulations 1986.
(2) These Regulations shall not extend to Northern Ireland.
Commencement
2.—(1) Subject to paragraphs (2) to (5) below, these Regulations shall come into force on the fourteenth day after the day on which they are made.
(2) These Regulations shall not apply to an election in respect of which the notice of election is published before the fourteenth day after the day on which they are made.
(3) In the provisions applied by Schedule 1 to these Regulations, if—
(a) any amendment of a provision of the Act of 1983 which is made by the Act of 1985 and is brought into force by Articles 3 and 4 of the Representation of the People Act 1985 (Commencement No. 3) Order 1986 (b), and
(b) the provisions of sections 5 to 12 of, and Part II of Schedule 2 to, the Act of 1985 (which are brought into force by those Articles)
are not in force, or not in force for all purposes, under those Articles on the coming into force of these Regulations, they shall come into force for the purposes of these Regulations when they come into force under those Articles.
(4) If paragraph 34 of Schedule 4 to the Act of 1985, which is applied by Schedule 1 to these Regulations, is not in force by virtue of an order under section 29(2) of the Act of 1985 on the coming into force of these Regulations,
(a) 1978 c.10.
(b) S.I. 1986/1080.
it shall come into force for the purposes of these Regulations when it comes into force for the purposes of parliamentary elections by virtue of such an order.
(5) In the provisions applied by Schedule 2 to these Regulations, if—
(a) Regulations 63 to 96 of, and forms G, H, J, K and N in Schedule 2 to, the Regulations of 1986, and
(b) Regulations 61 to 94 of, and forms F, G, H, J and M in Schedule 2 to, the Regulations (Scotland) of 1986,
are not in force, or not in force for all purposes, under Regulation 2(b) of the Regulations of 1986 and Regulation 2(b) of the Regulations (Scotland) of 1986, respectively, on the coming into force of these Regulations, they shall come into force for the purposes of these Regulations when they come into force under Regulation 2(b) of the Regulations of 1986 and Regulation 2(b) of the Regulations (Scotland) of 1986, respectively.
Revocation
3.—(1) Subject to paragraphs (2), (3) and (4) below, the European Assembly Elections Regulations 1984 (a) ("the 1984 Regulations") are hereby revoked.
(2) For the purposes of the application for Assembly elections of any provision of the Act of 1983 specified in Schedule 1 to the 1984 Regulations which was prospectively repealed by Schedule 5 to the Act of 1985 and the repeal is not in force at the time of the coming into force of these Regulations, the 1984 Regulations shall be revoked on 16th February 1987 (when the repeal comes into force under Article 3 of the Representation of the People Act 1985 (Commencement No. 3) Order 1986).
(3) For the purposes of the application for Assembly elections of the following provisions specified in Schedule 2 to the 1984 Regulations, which provisions are—
(a) Regulations 3 and 38 to 67 of, and forms H and X in Schedule 3 to, the Representation of the People Regulations 1983 (b), and
(b) Regulations 3 and 37 to 66 of, and forms H and X in Schedule 3 to, the Representation of the People (Scotland) Regulations 1983 (c),
the 1984 Regulations shall be revoked when the Regulations referred to in sub-paragraphs (a) and (b) above are revoked under Regulation 3(2) of the Regulations of 1986 and Regulation 3(2) of the Regulations (Scotland) of 1986, respectively.
(4) Regulation 4 of, and Schedule 3 to, the 1984 Regulations shall be revoked when the forms in Schedule 3 to the Representation of the People Regulations 1983 and Schedule 3 to the Representation of the People (Scotland) Regulations 1983 which are referred to in Regulation 4(3) of the 1984 Regulations are revoked under Regulation 3(2) of the Regulations of 1986 and Regulation 3(2) of the Regulations (Scotland) of 1986, respectively.
(a) S.I. 1984/137.
(b) S.I. 1983/435.
(c) S.I. 1983/548.
Interpretation
4. Unless the context otherwise requires, in these Regulations and in any provision applied by these Regulations:—
"Act of 1978" means the European Assembly Elections Act 1978;
"Act of 1983" means the Representation of the People Act 1983 (a);
"Act of 1985" means the Representation of the People Act 1985 (b);
"Assembly constituency" has the same meaning as in Regulation 4(1) of the Regulations of 1986;
"Assembly election" has the same meaning as in section 27(1) of the Act of 1985;
"Assembly overseas elector" means a peer who has made an Assembly overseas elector's declaration and is registered or is entitled to be registered as an elector at an Assembly election in pursuance of it;
"Assembly overseas elector's declaration" means a declaration made in pursuance of section 2 of the Act of 1985, as applied by Regulation 14 of, and Schedule 3 to, the Regulations of 1986 or Regulation 13 of, and Schedule 3 to, the Regulations (Scotland) of 1986;
"day of the poll" and "date of the poll" mean the day appointed by order under paragraph 3 of Schedule 1 to the Act of 1978 for the holding of an election;
"elections rules" and "parliamentary elections rules" mean the rules in Schedule 1 to the Act of 1983, as applied by Regulation 5 of, and Schedule 1 to, these Regulations;
"elector" means a person who under either paragraph 2(1) of Schedule 1 to the Act of 1978 (c) or section 3 of the Act of 1985 is entitled to vote at an Assembly election in a particular Assembly constituency;
"overseas elector" means a person who has made an overseas elector's declaration and is registered or entitled to be registered as a parliamentary elector in pursuance of it;
"overseas elector's declaration" has the meaning given in section 2 of the Act of 1985;
"register" means any part of—
(a) a register of parliamentary or, in the case of peers, local government electors, and
(b) a register under section 3 of the Act of 1985,
in force within a particular Assembly constituency at the time of an Assembly election in that constituency;
"registered", in relation to an elector, means a person registered in a register;
"registration officer" means an electoral registration officer appointed under section 8 of the Act of 1983;
"Regulations of 1986" means the Representation of the People Regulations 1986 (d);
"Regulations (Scotland) of 1986" means the Representation of the People (Scotland) Regulations 1986 (e);
(a) 1983 c.2.
(b) 1985 c.50.
(c) Paragraph 2(1) was extended by section 3(1) of the Act of 1985.
(d) S.I. 1986/1081.
(e) S.I. 1986/1111.
"representative" means a representative to the European Assembly; and
"verifying officer" means the officer, appointed by the returning officer, with responsibility for the verification of the ballot paper accounts.
Application of certain provisions for Assembly elections
5.—(1) The provisions of the Act of 1983 and the Act of 1985 which are specified in the left-hand column of Schedule 1 to these Regulations shall, subject to—
(a) any modifications and exceptions specified in relation to those provisions in the right-hand column of that Schedule, and
(b) the provisions of paragraphs (6), (7) and (8) below,
apply for the purposes of an Assembly election.
(2) The provisions of the Regulations of 1986 and the Regulations (Scotland) of 1986 which are specified in the left-hand column of Schedule 2 to these Regulations shall, subject to—
(a) any modifications and exceptions specified in relation to those provisions in the right-hand column of that Schedule, and
(b) paragraphs (6) to (11) below,
apply for the purposes of an Assembly election.
(3) Section 72 of the Post Office Act 1969 (a) and section 11(3) of the Act of 1983 (b) shall apply in relation to an Assembly election as they apply in relation to a parliamentary election, and as though the reference in section 72 to the Act of 1983 was a reference to that Act as applied by these Regulations.
(4) Part I of Schedule 3 to these Regulations, which sets out with modifications and exceptions Regulation 100 of the Regulations of 1986 (by which the parliamentary elections rules are amended in the circumstances set out in paragraph (1) of that Regulation), shall apply for the purposes of amending those rules, as applied by this Regulation and Schedule 1 to these Regulations, in the circumstances set out in paragraph 1 of that Part.
(5) Part II of Schedule 3 to these Regulations, which sets out with modifications and exceptions Regulation 98 of the Regulations (Scotland) of 1986 (by which the parliamentary elections rules are amended in the circumstances set out in paragraph (1) of that Regulation), shall apply for the purposes of amending those rules, as applied by this Regulation and Schedule 1 to these Regulations in the circumstances set out in paragraph 1 of that Part.
(6) Unless the context otherwise requires, in the provisions applied by Schedules 1 and 2 to these Regulations, any provision relating to a local government election or local government electors and references in connection therewith (including a reference to a petition questioning an election under the local government Act) shall be disregarded.
(7) Unless the context otherwise requires, in the provisions applied by Schedules 1 and 2 to these Regulations—
(a) any reference to a parliamentary election shall be construed as a reference to an Assembly election and any reference to a general election shall accordingly be construed...
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