European Parliamentary Elections (Changes to the Franchise and Qualification of Representatives) Regulations 1994

JurisdictionUK Non-devolved
CitationSI 1994/342

1994 No. 342

REPRESENTATION OF THE PEOPLE

The European Parliamentary Elections (Changes to the Franchise and Qualification of Representatives) Regulations 1994

Made 16th February 1994

Whereas a draft of these Regulations has been approved by resolution of each House of Parliament in pursuance of paragraph 2(2) of Schedule 2 to the European Communities Act 19721;

Now, therefore, the Secretary of State, being a Minister designated2for the purposes of subsection (2) of section 2 of that Act in 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 that subsection, hereby makes the following Regulations:

1 CITATION, COMMENCEMENT AND INTERPRETATION

PART I

CITATION, COMMENCEMENT AND INTERPRETATION

S-1 Citation and commencement

Citation and commencement

1.—(1) These Regulations may be cited as the European Parliamentary Elections (Changes to the Franchise and Qualification of Representatives) Regulations 1994.

(2) Subject to paragraph (3) below, these Regulations shall come into force on the day after the day on which they are made.

(3) Part III of these Regulations shall have effect subject to the provisions of Part IV of them (provisions in respect of first registers of relevant citizens of the Union as European Parliamentary electors).

S-2 Interpretation

Interpretation

2.—(1) In these Regulations and any provision as applied by Part III of these Regulations—

“Act of 1978” means the European Parliamentary Elections Act 19783;

“Act of 1983” means the Representation of the People Act 19834;

“citizen of the Union” shall be construed in accordance with article 8.1 of the Treaty establishing the European Community5(as amended by Title II of the Treaty on European Union6) and “relevant citizen of the Union” means such a citizen who is not a Commonwealth citizen or citizen of the Republic of Ireland;

“European Regulations” means the European Parliamentary Elections Regulations 19867;

“European (Northern Ireland) Regulations” means the European Parliamentary Elections (Northern Ireland) Regulations 19868;

“member of the forces” has the same meaning as in section 59(1) (meaning of that expression) of the Act of 19839;

“registration officer” means an electoral registration officer referred to in regulation 8 below;

“Regulations of 1986” means the Representation of the People Regulations 198610;

“Regulations (Northern Ireland) of 1986” means the Representation of the People (Northern Ireland) Regulations 198611;

“Regulations (Scotland) of 1986” means the Representation of the People (Scotland) Regulations 198612

(2) Unless the context otherwise requires, in the provisions of the Act of 1983, as applied by Part III of these Regulations —

(a)

(a) any reference to a provision which is also so applied shall be construed as a reference to such a provision as applied;

(b)

(b) any reference to regulations are to

(i) the Regulations of 1986,

(ii) the Regulations (Scotland) of 1986, and

(iii) the Regulations (Northern Ireland) of 1986, which apply for the purposes of Part III of these Regulations by virtue of the amendment made by paragraph 4 of Parts I, II and III of the Schedule to these Regulations, respectively;

(c)

(c) any reference to an election shall be construed as a reference to a European Parliamentary election; and

(d)

(d) any reference to a qualifying date shall be construed in accordance with regulation 7(3) below.

2 CHANGES TO THE QUALIFICATION OF REPRESENTATIVES AND ASSOCIATED AMENDMENTS ABOUT CITIZENS OF THE UNION

PART II

CHANGES TO THE QUALIFICATION OF REPRESENTATIVES AND ASSOCIATED AMENDMENTS ABOUT CITIZENS OF THE UNION

S-3 Amendments to paragraph 5 of Schedule 1 to the Act of 1978

Amendments to paragraph 5 of Schedule 1 to the Act of 1978

3.—(1) After paragraph 5(2) of Schedule 1 to the Act of 1978 (disqualification for office of representative to the European Parliament) there shall be inserted the following sub-paragraphs—

S-2A

“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 representative to 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.

S-2B

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.”.

(2) In paragraph 5(3) of Schedule 1 to the Act of 1978 (exceptions to the disqualification for office of representative to the European Parliament that would otherwise apply by virtue of paragraph 5(1)), after paragraph (d) there shall be inserted the following:

“or

(e)

(e) that he is disqualified under section 3 of the Act of Settlement13(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.”.

S-4 Offence of standing as a candidate in more than one Member State

Offence of standing as a candidate in more than one Member State

4.—(1) If a person, on any occasion when under article 9 of the Act concerning the election of representatives of the European Parliament by direct universal suffrage annexed to the Council decision 76/787/ECSC, EEC, Euratom of 20th September 1976 elections to the European Parliament are held in all Member States, stands as a candidate at such an election in the United Kingdom and in any other Member State, he shall be guilty of an offence.

(2) An offence under this regulation shall be an illegal practice within the meaning of the Act of 1983, and the provisions of that Act which relate to illegal practices, as applied by regulations under the Act of 1978, shall accordingly have effect in relation to any such offence.

(3) For the purpose of paragraph (1) above, a person is not to be treated as standing as a candidate unless he has agreed (in the United Kingdom, by giving his consent to nomination as a candidate) to do so.

S-5 Amendments about candidates etc. to European Parliamentary Elections Regulations 1986

Amendments about candidates etc. to European Parliamentary Elections Regulations 1986

5.—(1) In regulation 4 of the European Regulations (interpretation of those Regulations and of provisions applied by them) —

(a)

(a) before the definition of “day of the poll” there shall be inserted—

““citizen of the Union—” shall be construed in accordance with article 8.1 of the Treaty establishing the European Community (as amended by Title II of the Treaty on European Union) and “relevant citizen of the Union—” means such a citizen who is not a Commonwealth citizen or citizen of the Republic of Ireland;”; and

(b)

(b) before the definition of “representative” there shall be inserted—

““Regulations of 1994” means the European Parliamentary Elections (Changes to the Franchise and Qualification of Representatives) Regulations 1994;”.

(2) After regulation 7 of the European Regulations there shall be inserted:

S-8

Punishment of false statement in declaration under rule 8(5) of elections rules

8.—(1) A person who makes a statement which he knows to be false in the declaration required by rule 8(5) of the elections rules (as inserted by the Regulations of 1994) is guilty of an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) The provisions of Part III of the Act of 1983 relating to the prosecution of offences, as applied by regulation 5 of, and Schedule 1 to, these Regulations, shall have effect in relation to an offence under this regulation as if it were an offence under the Act of 1983, as so applied.”.

(3) There shall be inserted the following modification of section 178 of the Act of 198314(prosecution of offences committed outside the United Kingdom), as applied by the left-hand column of Schedule 1 to the European Regulations (application with modifications of provisions of the Representation of the People Acts 1983 and 1985 for the purposes of European Parliamentary elections), in the right-hand column of that Schedule:

“For the words “Republic of Ireland” there shall be substituted “Union”.”.

(4) There shall be inserted the following modification of rule 8 (consent to nomination) of the elections rules in Schedule 1 to the Act of 1983, as applied by the left-hand column of Schedule 1 to the European Regulations, after the existing modification in the right-hand column of that Schedule:

“At the end of the rule there shall be added the following paragraphs:

S-4

4 Where the candidate is a relevant citizen of the Union, he shall not be validly nominated unless, in addition to his consent to nomination, a declaration under paragraph (5) below and a certificate under paragraph (6) below are delivered at the place and within the time for the delivery of nomination papers.

S-5

5 The declaration referred to in paragraph (4) above must be made by or on behalf of the candidate and state, in addition to his name:

(a) his nationality;

(b) his home address in the United Kingdom in full;

(c) that he is not standing as a candidate for election to the European Parliament in any other Member State at elections held in the same period; and

(d) where his name has been entered in a register of electors in a locality or constituency in the Member State of which he...

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