1999 Chapter 1

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These notes refer to the European Parliamentary Elections Act
which received Royal Assent on 14 January 1999 (c.1)

European Parliamentary Elections Act 1999

EXPLANATORY NOTES

1.     These explanatory notes relate to the European Parliamentary Elections Act, which received Royal Assent on 14 January 1999. They have been prepared by the Home Office in order to assist the reader of the Act. They do not form part of the Act and have not been endorsed by Parliament.

2.     The notes need to be read in conjunction with the Act. They are not, and are not meant to be, a comprehensive description of the Act. So where a section or part of a section does not seem to require any explanation or comment, none is given.

BACKGROUND

3.     The European Parliament has 626 members elected from the 15 member States. The number of members that each member State returns is determined by its population. The UK returns 87 members.

4.     Elections to the European Parliament are held every five years. In the UK, the next European Parliamentary elections will be on 10 June 1999. In other member States the elections will take place on 13 June 1999.

SUMMARY

5.     Since the first direct elections to the European Parliament in 1979, British voters have elected MEPs using the first-past-the-post system. The Act enables the 1999 and subsequent European Parliamentary elections in Great Britain to be conducted using a regional list electoral system. This system is designed to ensure that in each region parties will win a share of the seats which is broadly proportional to their share of the vote in that region.

6.     The new system does not apply to Northern Ireland, which will continue to elect its three MEPs using the single transferable vote system.

The regional list system

7.     Under the regional list system, Great Britain will be divided into eleven regions, each returning between four and eleven MEPs.

8.     Scotland and Wales will each constitute a single region and will return eight and five MEPs respectively.

9.     England will be divided into nine regions. These will be the same regions as are already used by the Government Offices for the Regions, with the exception of Merseyside, which will be combined with the Northwest region. The table below shows the geographical composition of the nine English regions, their electorates and the number of MEPs to be returned by each.

How the Regional List System works

10.     Political parties will put forward lists of candidates in their preferred order. Once published by the returning officer, this order cannot be changed. Individual independent candidates will also be able to stand. Voters may cast only one vote. They can vote either for a party list (which will show the names of all the party's candidates) or for an individual candidate. On completion of the poll, votes for each individual candidate and each party are counted and the seats are allocated as follows.

• The first seat is allocated to the party or individual candidate with the highest number of votes. If the seat is allocated to a party, it goes to the first candidate on that party's list.

• The second seat is allocated as follows. First the voting figures are adjusted:

--    if the first seat was allocated to a party, that party's total votes are divided by two

--    if the first seat was allocated to an individual candidate, that candidate and the votes cast for him drop out of the calculation for the second and subsequent seats.

The second seat is allocated to the individual or party with the highest number of votes after these adjustments. The process continues until all the seats are allocated.
• The seats allocated to parties are allocated to the party's candidates in the order in which they appear on its list.

11.     At all stages:

• each party's original total is divided by the number of seats that party has already been allocated, plus one;

• once an individual candidate is allocated a seat, that candidate and the votes cast for him drop out of the remaining calculations;

• if a party wins more than one seat, the seats are allocated to its candidates in the order in which they appear on the party list;

• if everyone on a party list has been allocated a seat before all the seats have been allocated, the party and the votes cast for it drop out of the remaining calculations.

Worked Example

12.     The following example shows how the seats would be allocated in a seven-member region. Three parties, A, B and C, put forward party lists and one independent stands as an individual candidate. One million votes are cast, 380,000 for Party A, 300,000 for Party B, 180,000 for Party C and 140,000 for the individual candidate.

Calculation

Stage 1

Party A (total)	380,000
Party B (total)	300,000
Party C (total)	180,000
Individual candidate	140,000

The first seat is allocated to the candidate at the top of the Party A list.

Stage 2

Party A (total divided by 2)	190,000
Party B (total)	300,000
Party C (total)	180,000
Individual candidate	140,000

Stage 3

Party A (total divided by 2)	190,000
Party B (total divided by 2)	150,000
Party C (total)	180,000
Individual candidate	140,000

The third seat is allocated to the candidate in second place on the Party A list.

Stage 4

Party A (total divided by 3)	126,666
Party B (total divided by 2)	150,000
Party C (total)	180,000
Individual candidate	140,000

The fourth seat is allocated to the candidate at the top of the Party C list.

Stage 5

Party A (total divided by 3)	126,666
Party B (total divided by 2)	150,000
Party C (total divided by 2)	90,000
Individual candidate	140,000

The fifth seat is allocated to the candidate in second place on the Party B list.

Stage 6

Party A (total divided by 3)	126,666
Party B (total divided by 3)	100,000
Party C (total divided by 2)	90,000
Individual candidate	140,000

The sixth seat is allocated to the individual candidate.

Stage 7

Party A (total divided by 3)	126,666
Party B (total divided by 3)	100,000
Party C (total divided by 2)	90,000

The seventh seat is allocated to the candidate in third place on the Party A list.

13.     The final result is that the seven seats are allocated as follows.

	Party A (total)	380,000 votes	—>	3 seats
	Party B (total)	300,000 votes	—>	2 seats
	Party C (total)	180,000 votes	—>	1 seat
	Individual candidate	140,000 votes	—>	1 seat

COMMENTARY ON SECTIONS

14.     The enactment formula reflects the fact that this Act was passed using the Parliament Act procedure.

Section 1: Number of MEPs, electoral regions and electoral system

15.     This section deals with the number of Members of the European Parliament (MEPs), the electoral regions, the system of election, the franchise and the date of general elections. It replaces sections 1 to 3 of the European Parliamentary Elections Act 1978 (which was enacted as the European Assembly Elections Act but the title of which was changed by the European Communities (Amendment) Act 1986).

16.      Replacement section 1 explains that the Act (as now amended) makes provision for the election in the United Kingdom of Members of the European Parliament (MEPs).

17.     Replacement section 2 creates 12 European Parliamentary electoral regions in the United Kingdom — one in each of Scotland, Wales and Northern Ireland and nine in England. It gives the number of MEPs that each electoral region returns. The total number of United Kingdom MEPs (87) and their distribution among England (71), Scotland (8), Wales (5) and Northern Ireland (3) remains as before.

18.     Subsection 2(5) adds a new Schedule 2 into the 1978 Act (contained in Schedule 1 of the present Act) which sets out the composition of the electoral regions in England and the number of MEPs to be returned by each.

19.      Replacement section 3 describes the electoral system to be used in Great Britain for elections to the European Parliament. It provides that

• elections in each electoral region in Great Britain shall be conducted using the regional list system set out in the rest of the section (section 3(1))

• voters will be able to vote either for a registered political party or for an individual candidate, as named on the ballot paper (section 3(2)). the first seat in each region will be allocated to the party or individual candidate with the most votes (section 3(3))

• all further seats will be allocated in the same way as the first except that a party's total vote is to be divided by the number of seats it has already been allocated, plus one (section 3(4))

• if a party gains as many seats as there are candidates on its list, it should then be ignored in the process of allocating the remaining seats, as should individual candidates who have already been elected (section 3(5))

• seats allocated to a party shall be filled by its candidate(s) in the order in which they appear on its list (section 3(6))

• fractions should be taken into account when making the seat allocation calculations (section 3(7)).

Replacement section 3 also:

• defines (section 3(8)(a)) a "registered party" as one registered under any law dealing with registration of political parties. (The current statute is the Registration of Political Parties Act 1998.)

• provides (section 3(8)(b)) that references to a party's list of candidates relate to lists submitted under regulations governing nominations made under paragraph 2(3B) of Schedule 1 of the 1978 Act as amended by this Act (see paragraph 6 of Schedule 2 to this Act).

20.     Replacement section 3A replicates paragraph 2(2) of the existing Schedule 1 to the European Parliamentary Elections Act 1978. Northern Ireland will continue to elect its MEPs using the single transferable vote.

21.     Replacement section 3B introduces Schedule 1 to the 1978 Act, thereby replacing the original section 3 of that Act. This Schedule deals with supplementary matters relating to the holding of elections, filling of vacancies and disqualification.

22.     Replacement section 3C replicates, with some minor adjustments, the rules for the franchise for elections to the European Parliament set out in the European Parliamentary Elections Act 1978. As before, those entitled to vote are:

• those entitled to vote in a parliamentary election, including British citizens overseas who are on a parliamentary electoral register (section 3C(2)). Section 3C(2)(b) replicates the effect of section 3(1) of the Representation of the People Act 1985 which Schedule 4 of the present Act repeals. (The 1978 Act does not contain an equivalent provision.)

• peers entitled to vote in local government elections (section 3C(3));

• peers resident outside the UK who may vote by virtue of having been resident in the UK in the preceding 20 years (section 3C(4)); and

• EU citizens who have opted to vote in the United Kingdom in elections to the European Parliament (section 3C(5)).

Replacement section 3C also

• allows regulations to be made to provide that alterations to the register of electors made after a certain date are to be disregarded for the purpose of the franchise for European Parliamentary elections (section 3C(6)); and

• defines the term "local government election" as including a municipal election in the City of London; that is an election to the office of mayor, alderman, common councilman or sheriff, or the election of any officer elected by the mayor, aldermen and liverymen in common hall (section 3C(7)). There was no provision equivalent to section 3C(7) in the 1978 Act.

23.     Replacement section 3D replicates the effect of paragraph 3(1) and (5) of the 1978 Act. It provides that the date of European Parliamentary general elections will be set out in an order made by the Secretary of State which is to be laid before Parliament after being made.

Section 2: Electoral regions in England

24.     This section replaces Schedule 2 of the European Parliamentary Elections Act 1978 with the provisions in Schedule 1 to this Act (see below). Schedule 2 of the 1978 Act dealt with the role of the Boundary Commissions in putting forward proposals for European Parliamentary constituencies and is redundant as a consequence of the present Act.

Section 3: Amendments and repeals

25.     This section introduces Schedules 2, 3 and 4 (see below).

Section 4: Expenses

26.     This section provides for the costs of European Parliamentary elections to be met, as in the past, from the Consolidated Fund. It also provides for the Consolidated Fund to meet the costs of introducing the new electoral system. There will be one-off costs associated with training those responsible for the conduct of elections in how the new system will operate. Thereafter, it should not be any more expensive to conduct elections to the European Parliament in Britain using the new system. And in the longer term there will be savings as the Parliamentary Boundary Commissions for England, Scotland and Wales will no longer be required to conduct reviews of European Parliamentary constituency boundaries.

Section 5: Commencement

27.     This section provides for the Act to come into force on a day to be specified by the Secretary of State in a statutory instrument which may specify different dates for commencement of different parts of the Act. It also allows the order to contain transitional provisions and savings.

Schedule 1: New Schedule 2 to the European Parliamentary Elections Act 1978

28.     This Schedule replaces the existing Schedule 2 to the European Parliamentary Elections Act 1978. It deals with electoral regions.

29.     Paragraph 1 provides that the electoral regions in England will be those set out in the table at the end of the Schedule. Paragraph 3 provides that the number of MEPs elected for each English region is the number set out in the table at the end of the Schedule.

30.     Paragraph 2 provides that references in the table to local government areas mean the local government area as it currently exists. Paragraph 2(2) delays the effect of the changes until the next general election of MEPs.

31.     Paragraph 4 relates to changes in the number of MEPs elected in each region.

• It requires the Secretary of State to calculate whether the ratio of electors to MEPs is as nearly as possible the same in every English region. This is to be done as soon as possible after 16 February (the date on which new electoral registers come into force) in each pre-election year (defined in paragraph 4(6) as the year prior to a general European Parliamentary election). The number of electors registered on 16 February in the pre-election year is to be used for making these calculations (paragraph 4(3)). Paragraphs 4(4) and 4(5) define a registered elector.

• If the calculation shows that the distribution of MEPs should be changed, the Secretary of State must make an order making the necessary adjustments. The order cannot alter the total number of English MEPs (paragraph 4(2)), only change their distribution among the English electoral regions. The order is subject to the negative resolution procedure (paragraph 4(7)).

• Paragraph 4(6) defines pre-election year as any year later than 2002 which immediately precedes a year in which a general European Parliamentary election is to be held. The present Act sets out the initial allocation of seats to the English regions which will apply for the 1999 European Parliamentary elections. The next elections after that will be in 2004, which makes 2003 the first "pre-election year".

Schedule 2: Minor and Consequential Amendments of Schedule 1 to the European Parliamentary Elections Act 1978

32.     This Schedule amends the existing Schedule 1 to the European Parliamentary Elections Act 1978.

33.     Paragraph 2 replaces the existing title of Schedule 1 to the European Parliamentary Elections Act 1978 with the new title "System of Elections &c".

34.     Paragraph 3 removes paragraph 1 of Schedule 1 to the 1978 Act.

35.     Paragraph 4 removes paragraphs 2(1) and (2) of Schedule 1 to the 1978 Act, as substituted by section 1 of the present Act and Schedule 1 to that Act respectively.

• Paragraph 2(1) concerned those who may be permitted to vote in elections to the European Parliament and is superseded by the new section 3C of the 1978 Act substituted by section 1 of the present Act.

• Paragraph 2(2) concerned the electoral system in Northern Ireland. It is replaced by identical provisions in the new section 3A of the 1978 Act substituted by section 1 of the present Act.

36.     Paragraph 5 removes the reference to the registration of electors and limitations of candidates' expenses in paragraph 2(3)(a) of Schedule 1 to the European Parliamentary Elections Act 1978 (which deals with the power of the Secretary of State to make regulations). Limitation of candidates' expenses (and parties' expenses) is henceforth dealt with by the new paragraph 2(3A) inserted by paragraph 6 of this Schedule. The reference to registration of electors included in the 1978 Act has never been used and is not needed.

37.     Paragraph 6 inserts two new sub-paragraphs into paragraph 2 of Schedule 1 to the 1978 Act.

• New sub-paragraph (3A) permits the Secretary of State to make regulations to:

--    limit election expenses (including expenses incurred in relation to the election as a whole);

--    allocate seats in the event of tied votes; and

--    prevent people from standing more than once at a European Parliamentary general election. A person is considered to be standing for election if nominated as an individual candidate or included in a list of candidates submitted by a party.

38.     New sub-paragraph (3B) requires regulations made under paragraph 3 to allow registered political parties to be nominated for an election in electoral regions in Great Britain. Such nominations should be accompanied by a list of candidates containing no more names than there are seats to be filled in the region.

39.     Paragraph 7 removes paragraph 2(4)(c) of Schedule 1 to the 1978 Act which permitted regulations to be made to amend provisions relating to the registration of Parliamentary and local government electors. This power in the 1978 Act has never been used and is not needed.

40.     Paragraph 8 replaces paragraph 3 of Schedule 1 to the 1978 Act which dealt with the timing of general elections and by-elections to the European Parliament and with the circumstances in which a by-election is to be held.

41.     The timing of general elections is now covered by new section 3D of the 1978 Act inserted by section 1 of the present Act. Paragraph 8 creates a new paragraph 3 in Schedule 1 of the 1978 Act to deal with vacancies. It provides that regulations made by virtue of paragraph 2 of Schedule 1 to the European Parliamentary Elections Act 1978:

• shall prescribe the procedure to be followed when a seat is or becomes vacant;

• may include provisions requiring a by-election to be held in certain circumstances and may provide for consequential modifications to the provisions in section 3 of the 1978 Act (the revised form of which is inserted by section 1 of the present Act) concerning the electoral system; and

• may also require that when a seat which was filled by a candidate from a party list becomes vacant it should, in specified circumstances, be filled from the list without a by-election.

42.     It is the Government's intention that when a seat becomes vacant as the result of the death or resignation of a candidate originally elected on a party list, it should be filled by drawing the next eligible and willing person from that list. Where the list has been exhausted or where the vacancy arises as a result of the death or resignation of an individual candidate, a by-election will be held.

43.     New paragraph 3(3) provides that where the regulations provide for a by-election to be held, it will take place within the period specified in the regulations and on a day specified in an order made by the Secretary of State. However, the regulations may also allow the Secretary of State not to set a day for a by-election in certain circumstances — for example, if the next general European Parliamentary election is imminent.

44.     New paragraph 3(4) provides that an order made by the Secretary of State setting a date for a by-election shall be laid before Parliament after it has been made.

45.     Paragraph 9 replaces paragraph 4 of Schedule 1 to the European Parliamentary Elections Act 1978 (which dealt with returning officers and their staff). The new paragraph 4 provides that each electoral region will have a returning officer. He or she will be designated for the purpose by order of the Secretary of State in England, Scotland and Wales. In Northern Ireland the returning officer will be the Chief Electoral Officer.

• New paragraph 4(2) allows regulations made under paragraph 2 of Schedule 1 of the 1978 Act to confer functions relating to the conduct and administration of the elections on returning officers for European Parliamentary electoral regions and on those who serve as acting returning officers and (in Scotland) returning officers for Parliamentary elections.

• New paragraph 4(3) requires councils in relevant areas to place their staff at the disposal of returning officers and acting returning officers to enable them to perform their functions. New paragraph 4(4) defines "relevant area" as a district or London borough in England, a county or county borough in Wales and a local government area in Scotland.

46.     Paragraph 10 updates paragraph 5 of Schedule 1 to the 1978 Act (which deals with disqualification from office). It replaces all the references to "representative to" the European Parliament with "Member of" the European Parliament and all references to European Parliamentary "constituencies" with references to "electoral regions".

47.     It also replaces sub-paragraph (4) which deals with the position of those who are disqualified from serving as MEPs. If anyone returned as an MEP is subsequently disqualified either from being an MEP or from being an MEP for the region for which he has been returned, his return shall be void and the seat shall be vacant. This applies whether the MEP was returned at a general election or as the result of a casual vacancy.

48.     Paragraph 11 amends paragraph 6 of Schedule 1 to the 1978 Act, which is concerned with judicial proceedings relating to the allegation that an MEP is legally disqualified from holding such an office. It:

• increases from £200 to £5,000 the maximum amount that the court may direct that any person bringing such a case must lodge with the court for security, to cover the costs of such proceedings (the figure of £200 dates back to at least 1957, whereas the corresponding sum for parliamentary election challenges is £5,000);

• replaces each reference to a European Parliamentary "constituency" with a reference to an "electoral region";

• replaces each reference to a "representative to" the European Parliament with a reference to a "Member of" the European Parliament.

49.     Paragraph 11 also inserts two new sub-paragraphs in paragraph 6 of Schedule 1 to the 1978 Act. These enable the Secretary of State to make an order changing the maximum amount that must be lodged with the court for security when such a challenge is made. The orders are subject to the negative resolution procedure.