European Assembly Elections Regulations 1984
| Jurisdiction | UK Non-devolved |
1984 No. 137
REPRESENTATION OF THE PEOPLE
The European Assembly Elections Regulations 19847thFebruary 1984
21stFebruary 1984
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, commencement and extent
1.—(1) These Regulations may be cited as the European Assembly Elections Regulations 1984 and shall come into operation on the fourteenth day after the day on which they are made.
(2) These Regulations shall not extend to Northern Ireland.
Interpretation
2.—(1) Unless the context otherwise requires, in these Regulations and in any provision applied by these Regulations:—
"Act of 1983" means the Representation of the People Act 1983 (b);
"Act of 1978" means the European Assembly Elections Act 1978;
"Assembly" means the Assembly of the European Communities;
"Assembly constituency" means a constituency constituted by an Order in Council under section 3 of the House of Commons (Redistribution of Seats) Act 1949 (c), as applied by paragraph 4 of Schedule 2 to the Act of 1978;
"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 the election;
"elections rules" and "parliamentary elections rules" mean the rules in Schedule 1 to the Act of 1983, as applied by Schedule 1 to these Regulations;
"elector" means a person who under paragraph 2(1) of Schedule 1 to the Act of 1978 is entitled to vote at an Assembly election in a particular Assembly constituency;
(a) 1978 c.10.
(b) 1983 c.2.
(c) 1949 c.66.
"postal proxy" means a person entitled to vote by post as a proxy at an election;
"register" means the register or registers of parliamentary, or in the case of peers local government, electors 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 on a register;
"registration officer" means an electoral registration officer appointed under section 8 of the Act of 1983;
"Regulations of 1983" mean the Representation of the People Regulations 1983 (a);
"Regulations (Scotland) of 1983" mean the Representation of the People (Scotland) Regulations 1983 (b);
"representative" means a representative to the Assembly;
"verifying officer" means the officer, appointed by the returning officer, with responsibility for the verification of the ballot paper accounts.
(2) Any reference in these Regulations or in the provisions applied by these Regulations to the time when any proceeding at an Assembly election is due to take place (for example, publication of notice of election) shall be determined in accordance with the timetable in rule 1 of the elections rules.
Application of certain statutory provisions to Assembly elections
3.—(1) The provisions of the Act of 1983 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 (4), (5) and (6) below, apply for the purposes of an Assembly election.
(2) The provisions of the Regulations of 1983, the Regulations (Scotland) of 1983 and the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1961 (c) 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 (4) to (9) below,
apply for the purposes of an Assembly election.
(3) Section 72 of the Post Office Act 1969 (d) and section 11(3) of the Act of 1983 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) In the provisions applied by Schedules 1 and 2 to these Regulations, any provision relating solely to a local government election and references in connection therewith (including a reference to a petition questioning an election under the local government Act) shall, unless the context otherwise requires, be disregarded.
(a) S.I. 1983/435.
(b) S.I. 1983/548.
(c) S.I. 1961/195.
(d) 1969 c.48; section 72 was amended by paragraph 11 of Schedule 8 to the Representation of the People Act 1983.
(5) 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 as a reference to an Assembly general election;
(b) any reference to a constituency shall be construed as a reference to an Assembly constituency;
(c) any reference to a returning officer shall be construed as a reference to such an officer at an Assembly election;
(d) any reference to a member in the context of a Member of Parliament shall be construed as a reference to a representative;
(e) any reference to a parliamentary election petition shall be construed as a reference to an Assembly election petition, except that this construction shall not apply to any reference to the rota for the trial of parliamentary election petitions;
(f) any reference to a return in the context of a return to the writ of election (and a return to Parliament) shall be construed as a reference to the declaration of result made by the returning officer under rule 50 of the elections rules.
(6) Unless the context otherwise requires, in the provisions applied by Schedules 1 and 2 to these Regulations, any reference to an enactment or instrument made under an enactment shall be construed as a reference to that enactment or instrument as applied by these Regulations.
(7) Any reference in the Regulations of 1983 or the Regulations (Scotland) of 1983, as applied by these Regulations, to Forms E, F, H, V, W or X shall be construed as a reference to the form identified by means of that letter in Schedule 3 to each of those sets of Regulations, as applied by these Regulations.
(8) Any reference in the Regulations of 1983 or the Regulations (Scotland) of 1983, as applied by these Regulations, to any form identified by means of a letter other than the forms referred to in paragraph (7) above, shall be construed as a reference to the form so identified in Schedule 3 to each of those sets of Regulations, as amended by Regulation 4 of, and Schedule 3 to, these Regulations.
(9) In the headings of the forms referred to in paragraph (7) above, for the words "Representation of the People Acts" there shall be substituted the words "European Assembly Elections Act 1978".
Amendment of certain forms
4.—(1) The forms in Schedule 3 to the Regulations of 1983 and in Schedule 3 to the Regulations (Scotland) of 1983 which are specified in paragraph (3) below shall be amended in accordance with Schedule 3 to these Regulations and paragraph (2) below.
(2) In the headings of the forms which are specified in paragraph (3) below after the words "Representation of the People Acts" there shall be added the words "European Assembly Elections Act 1978".
(3) The forms referred to in this Regulation are identified as Forms D, G, M, N, O, P, Q, R, S, T and U in Schedule 3 to the Regulations of 1983 and in Schedule 3 to the Regulations (Scotland) of 1983.
Discharge of duties of returning officer in England and Wales
5.—(1) In England and Wales, the duties of the returning officer at an Assembly election (except those referred to in paragraph (2) below) shall be discharged, as acting returning officer, by the acting returning officer who, by virtue of section 28(1) of the Act of 1983, would discharge the duties of that returning officer at a parliamentary election.
(2) Paragraph (1) above does not apply to any duties under rule 50 of the elections rules which the returning officer reserves to himself and undertakes to perform in person.
(3) The returning officer shall give to the acting returning officer written notice of any duties which he reserves to himself under paragraph (2) above, and that paragraph shall, in the case of any election, apply to the duties (if any) of which notice is given not later than the day following that on which notice of election is published, and to no others.
Applications for voting by post or by proxy
6. In England and Wales, from the date of the publication of the notice of an Assembly election, the functions of a registration officer in connection with applications to vote by post or proxy or by a proxy to vote by post at that election shall be exercised by the returning officer:
Provided that a registration officer shall, on the request of the returning officer, exercise those functions in respect of the area for which he was appointed.
Revocation
7. The European Assembly Elections Regulations 1979(a) are hereby revoked.
Leon Brittan, One of Her Majesty's Principal Secretaries of State.
Home Office.
7th February 1984.
(a) S.I. 1979/338.
Regulation 3(1).
SCHEDULE 1
APPLICATION WITH MODIFICATIONS OF PROVISIONS OF THE ACT OF 1983
Provision applied and Modifications
subject matter
In section 18 (Polling districts and After subsection (1), there shall be
places at parliamentary elections), inserted the following subsection
subsections (1) and (9)
"(1A) The polling districts and
polling places designated under this
section shall be the same as those
used or designated for parliamentary
elections, except where it appears
to those responsible for the
designation of parliamentary polling
districts and polling places that
special circumstances make it
desirable for...To continue reading
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