Statutory Instruments 1999 No. 1214
The European Parliamentary Elections Regulations 1999 - continued

Back to previous page

 

SCHEDULE 1
Article 3(1)


APPLICATION WITH MODIFICATIONS OF PROVISIONS OF THE REPRESEN TATION OF THE PEOPLE ACTS 1983 AND 1985


Provision applied Modification
THE REPRESENTATION OF THE PEOPLE ACT 1983
In section 18 (polling districts and places at parliamentary elections), subsections (1) and (9) After subsection (1) insert:    " (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 designating parliamentary polling districts and places that special circumstances make it desirable for some other polling district or place to be designated.".
Section 23 (rules for parliamentary elections) Any reference to a returning officer includes a reference to a local returning officer.
In section 24 (returning officers: England and Wales), subsection (2)  
Section 29 (payments by and to returning officer)[16] Omit subsections (1) and (2).
  Any reference to a returning officer includes a reference to a local returning officer.
Section 30 (taxation of returning officer's account) Any reference to a returning officer includes a reference to a local returning officer.
Section 49 (effect of registers)[17] In subsection (5)-(a) for the words from the beginning to "proxies" substitute "A person whose registration as an elector or entry in the list of proxies entitles him to vote", and;

(b) in paragraph (b)(iv) for "a local government" substitute "an".
Section 50 (effect of misdescription) 
Section 52 (discharge of registration duties)[18] Omit subsection (1).
Section 54 (payment of expenses of registration)[19] 
Section 56 (registration appeals: England and Wales)[20] Omit paragraphs (a) and (d) of subsection (1).
  In subsection (4A) omit "nominating candidates".
Section 57 (registration appeals: Scotland) 
Section 60 (personation) 
Section 61 (other voting offences)[21] After subsection (1) insert:-    " (1A) References in subsection (1) above to legal incapacity to vote at a European Parliamentary election include incapacity to vote at the kind of election from which the entitlement to vote at a European Parliamentary election derives.".
  In subsection (2)(a)(iii) for "some other constituency" substitute "respect of an address other than the address by virtue of which he votes as elector".
  In subsection (7)(a) for "173" substitute "160(5)".
  Omit subsection (7)(b).
Section 63 (breach of official duty)[22] In subsection (3) omit paragraph (a) and in paragraph (b) after "returning officer" insert", local returning officer".
Section 65 (tampering with nomination papers, ballot papers, etc.)[23] At the end of subsection (1)(a) insert "or the list of candidates submitted by a registered party".
  In subsection (3) after "returning officer," insert "a local returning officer,".
Section 66 (requirement of secrecy)[24] In subsection (1) before "returning" insert "local".
  In subsection (2) before "counting" in the first and third places where it occurs insert"verification of the ballot paper accounts or the".
  In subsections (2)(b), (3)(b) and (c), (4)(d) and (5) for "candidate for whom" substitute "way in which".
  After subsection (2) insert the following subsection:
  "(2A) No person attending at the verification of the ballot paper accounts shall express to any person an opinion based on information obtained at that verification as to the likely result of the election.".
  In subsection (3)(d) for "name of the candidate for whom he has or has not" substitute "way in which he has".
Section 67 (appointment of election agent)[25] Any reference to a candidate is a reference to an individual candidate.
Section 68 (nomination of sub-agent at parliamentary election)[26] In subsection (1) for the words from the beginning to "candidate" substitute "An election agent for an individual candidate".
  In subsection (2) omit paragraph (c) and the word "and" before it.
  In subsection (4) before "candidate's" insert "individual".
  At the end insert:-    " (6) In subsections (2) to (4) references to an election agent are to an election agent of an individual candidate.".
Section 69 (office of election agent and sub-agent)[27] For subsection (2) substitute:

    " (2) The office of-

    (a) the election agent shall be within the electoral region, and

    (b) the sub-agent shall be within the area for which he is appointed to act.".

At the end insert-

    " (4) In this section, references to an election agent and sub-agent are to an election agent or sub-agent of an individual candidate.".
Section 70 (effect of default in election agent's appointment)[28] Any reference to a candidate is a reference to an individual candidate.
  Omit subsection (4)(b).
Section 72 (making of contracts through election agent) Omit subsection (1).
  In subsection (2)-(a) after "against a" insert "registered party unless made by its election agent or against an individual"; and

(b) omit the words from "but" to the end.
  In subsection (3)-(a) omit ", in relation to a parliamentary election where sub-agents are allowed,"; and

(b) at end insert "or a person authorised in writing by the election agent or sub-agent".
Section 73 (payment of expenses through election agent)[29] In subsection (1)-(a) in paragraph (b) before "candidate" insert "registered party or individual"; and

(b) for "candidate's election agent" substitute "election agent of a registered party or individual candidate".
  In subsection (3)-(a) omit ", in relation to a parliamentary election where sub-agents are allowed,"; and

(b) at end insert "or a person authorised in writing by the election agent or sub-agent".
  At the beginning of subsection (4) insert "In the case of an individual candidate," and after"agent" insert "or sub-agent".
  After subsection (4) insert:-    " (4A) In the case of a registered party, all money provided by any person other than a candidate on that party's list of candidates for any election expenses, whether as gift, loan, advance or deposit, shall be paid to the election agent or sub-agent and not otherwise.".
  In subsection (6) after "(4)" insert "or (4A)".
Section 74 (candidate's personal expenses, and petty expenses)[30] In subsection (1) for "£600" substitute "£900".
  For subsection (3) substitute-    " (3) Any person may, if so authorised in writing by an election agent or sub-agent, pay any election expenses to a total amount not exceeding that named in the authority, but any excess above that amount so named shall be paid by the agent who authorised that person.".
  In subsection (4)-(a) for "election agent" substitute "agent who authorised them", and

(b) at the end insert "and, where that agent is the sub-agent, he shall forward the statement, together with his authority, to the election agent.".
Section 75 (prohibition of expenses not authorised by election agent)[31] In subsection (1)-(a) for "of a candidate" substitute "of a registered party or an individual candidate";

(b) for the words "other than the candidate" substitute "other than, in the case of a registered party, its election agent and persons authorised in writing by the election agent and, in the case of an individual candidate, the candidate";

(c) for paragraph (c) substitute-

" (c) of otherwise presenting to the electors, in the case of a registered party, that party or its candidates or the views of that party or its candidates or the extent or nature of its or their backing or, in the case of an individual candidate, that candidate or his views or the extent or nature of his backing or, in either case, disparaging a registered party or its candidates or an independent candidate,"; and

(d) in paragraph (ii) for "sum of £5" substitute "relevant sum" and omit from "and are"to "others".
  After subsection (1) insert:-    " (1A) In subsection (1)(ii) "the relevant sum" means £5,000 for each region in respect of which expenses are incurred.".
  In subsection(2)-(a) in paragraph (a) for the words from "appropriate officer" to the end of that paragraph substitute "agent who authorised the expenses a return of the amount of them"; and

(b) before "candidate", in the final place where it occurs, insert "registered party or its election agent or individual".
  In subsection (3) for the words from the beginning to "agent" substitute "The authority of the agent who authorised the incurring of the expenses".
  Omit subsection (4).
  In subsection (5)-(a) omit "or send" and "or a copy of it";

(b) in paragraph (i) for "173" substitute "160(5)"; and

(c) omit paragraph (ii).
  After subsection (6) insert:-    " (7) References in this section to an election agent include a sub-agent.".
Section 76 (limitation of election expenses)[32] In subsections (1) and (5) for "a candidate", in each place where the words occur, substitute"an individual candidate".
  After subsection (1) insert:-    " (1A) The references in subsection (1) to sums being paid and expenses being incurred by the election agent include sums being paid and expenses being incurred by a person acting on the written authority of an election agent or sub-agent.".
  For subsection (2) substitute-    " (2) That maximum amount is £45,000 multiplied by the number of MEPs to be returned for the electoral region at that election.".
  Omit subsections (4) and (6).
Section 78 (time for sending in and paying claims)[33] In subsection (1)-

    (a) for "a candidate" substitute "an individual candidate"; and

    (b) for "election agent", in the second place where the words occur, substitute "agent who incurred the expense".
  After subsection (1) insert:-

    " (1A) Every claim against a registered party in respect of election expenses which is not sent in to the agent who incurred the expense within 21 days after the day on which the result of the election is declared shall be barred and not paid.".
  After subsection (2) insert:-

    " (2A) Where the agent who incurred the expense is not the national election agent or, as the case may be, election agent, he shall send to that agent, forthwith on payment of the expense, the bill and a record of the fact that he has paid it and, on receiving a receipt for that payment, shall send that receipt to that agent.".
  In subsection (3)-

    (a) after "election agent", in the first place where the words occur, insert "or the agent who incurred the expense"; and

    (b) omit from "but" to the end of the subsection.
  In subsection (4)-

    (a) for "candidate or his election agent" substitute "agent or individual candidate who incurred the expense";

    (b) after "sent in to the" insert "individual"; and

    (c) for "the election agent" substitute "the agent who incurred the expense".
  In subsection (5)-

    (a) for "candidate or his election agent" substitute "agent or individual candidate who incurred the expense"; and

    (b) at end insert "; and subsection (2A) above shall apply to any such payment".
  After subsection (5) insert:-

    " (5A) References in this section to the agent who incurred the expense are references to the national election agent, election agent or sub-agent or an agent who did so on the written authority of such an agent.".
Section 79 (disputed claims)[34] In subsection (1) for "election agent" substitute "agent who incurred the expense".
  In subsection (2) for "candidate or his election agent" substitute "agent or individual candidate who incurred the expense".
Section 80 (election agent's claim)
Section 81 (return as to election expenses)[35] In subsection (1)-

    (a) for "35 days" substitute "50 days";

    (b) after "every" insert "individual";

    (c) after "deliver" insert "or cause to be delivered"; and

    (d) after "made by" insert "or on behalf of".
  After subsection (1) insert-

    " (1A) Where a registered party stands for election in more than one electoral region at a general election of MEPs, the national election agent of that party shall, within 70 days after the day on which the last result at that election is declared, deliver or cause to be delivered to the Secretary of State a true return in the form set out in Schedule 3 to this Act, or to the like effect, containing as respects that party a statement of all payments made by or on behalf of that agent together with all the bills and receipts.

    (1B) Where a registered party stands for election in one electoral region only, the election agent of that party shall, within 50 days after the day on which the result of the election is declared, deliver or cause to be delivered to the Secretary of State a true return in the form set out in Schedule 3 to this Act, or to the like effect, containing as respects that party a statement of all payments made by or on behalf of that agent together with all the bills and receipts."
  In subsection (3) after "as respects that" insert "registered party or individual".
  In subsection (4) for "candidate", in each place where it occurs, substitute "individual candidate".
  In subsection (5)-

    (a) for "candidate or his election agent" substitute "agent or individual candidate who incurred the expenses";

    (b) after "deliver" insert "or cause to be delivered"; and

    (c) after "appropriate officer" insert "or, where the return is delivered under subsection (1A) or (1B) above, the Secretary of State".
  After subsection (5) insert:-

    " (6) Section 78(5A) above applies for the interpretation of subsection (5) above as it applies for the interpretation of section 78.".
Section 82 (declarations as to election expenses)[36] Any reference to a candidate is to be construed as a reference to an individual candidate.
  In subsection (2) after "delivers" and after "deliver" insert "or cause to be delivered".
Section 84 (penalty for failure as respects return or declarations) For "a candidate" substitute "an individual candidate".
Section 86 (authorised excuses for failures as to return and declarations)[37] Any reference to a candidate is to be construed as a reference to an individual candidate.
  In subsection (1) for "his election agent" substitute "the election agent of a registered party or individual candidate".
  Omit subsection (5).
Section 87 (court's power to require information from election agent or sub- agent>[38] In subsection (1) for "candidate or his election agent respectively" substitute "election agent of a registered party or individual candidate"
  At the end insert:-    " (4) References in this section to the election agent or sub-agent include a person authorised in writing by the election agent or any sub-agent to incur election expenses.".
Section 88 (publication of time and place for inspection of returns and declarations)[39] The existing section shall become subsection (1).
  In that subsection-

    (a) after the words "parliamentary election" insert "at which returns as to election expenses are to be delivered to the returning officer under section 81(1) above";

    (b) in paragraph (a)-

      (i) for "not less than two newspapers" substitute "at least one newspaper"; and

      (ii) omit ", and shall send to each of the election agents,"; and

    (c) in paragraph (b) omit from "and sent" to the end.
  After that subsection insert-

    " (2) At an election at which returns as to election expenses are to be delivered to the Secretary of State under section 81(1A) or (1B) above-

    (a) he shall, within 10 days after the end of the time allowed for delivering to him returns as to election expenses, publish in the London Gazette and the Edinburgh Gazette a notice of the time and place at which the returns and declarations (including accompanying documents) delivered to him can be inspected; but

    (b) if any return or declaration due to be delivered to him has not been received by him before the notice is despatched for publication, the notice shall so state, and a like notice about that return and declaration, if afterwards received, shall within 10 days after the receipt be published in like manner."
Section 89 (inspection of returns and declaration)[40] In subsection (1) for "75, section 81" substitute "81(1)".
  In subsections (1) and (2) for "two years" substitute "12 months".
  After subsection (1) insert-

    " (1A) Any returns or declarations (including the accompanying documents) delivered to the Secretary of State under section 81(1A) or (1B) or section 82 above-

    (a) shall be kept at some convenient place appointed by him, and

    (b) shall at all reasonable times during the 12 months next after they are received by him be open to inspection by any person on payment of £5,

and the person responsible for the place where they are kept shall on demand and on payment of a fee of 15p for each side of each page provide copies of them or any part of them."
  In subsection (2) after "officer" insert "or Secretary of State".
  Omit subsections (2)(b) and (3).
Section 91 (candidate's right to send election address post free)[41] In subsection (1) for "A candidate" and in subsection (2) for "He" substitute "An individual candidate and the nominating officer of a registered party which is included in the statement of parties and individual candidates nominated for the election or a person authorised in writing by that officer".
  In subsection (3) for "a candidate", in each place where the words occur, substitute "an individual candidate".
  After subsection (3) insert:-

    " (3A) Until the publication of the statement of parties and individual candidates nominated for the election in an electoral region, the nominating officer of a registered party or a person authorised in writing by him shall be entitled to exercise in that region the right of free postage conferred by this section if he gives such security as may be required by the Post Office for the payment of postage should that party not be included in that statement as standing nominated.".
  For subsection (4) substitute:

    " (4) For the purposes of this section, "elector" means a person-

    (a) who is registered in a register referred to in the definition of "register" in regulation 2 of the European Parliamentary Elections Regulations 1999 to be used at the election in the electoral region, or

    (b) who, pending the publication of such a register, appears in the electors lists for it (as corrected by the registration officer) to be entitled to be so registered,

and accordingly includes a person shown in any of those registers or electors lists as below voting age if it appears therefrom that he will be of voting age on the day of the poll, but not otherwise.".
Section 92 (broadcasting from outside United Kingdom)[42] In subsection (2) for "173" substitute "160(5)".
Section 94 (imitation poll cards)[43]
Section 95 (schools and rooms for parliamentary election meetings)[44] In subsection (1) after "candidature" insert "or that of his party" and for the words "receipt of the writ" substitute "last date on which notice of election may be published in accordance with the elections rules".
  In subsection (2)-

    (a) in paragraph (a) omit "or an adjoining constituency"; and

    (b) omit the words from "but a candidate" to the end of the subsection.
Section 97 (disturbances at election meetings)[45] For subsection (2) substitute:

    " (2) This section applies to a political meeting held in an electoral region in connection with a European Parliamentary election between the last date on which notice of election may be published in accordance with the elections rules and the date of the poll.".
Section 98 (premises not affected for rates)[46] 
Section 99 (officials not to act for candidates)[47] In subsection (1)-

    (a) in paragraph (a) after "officer" insert "or local returning officer";

    (b) for "a candidate's agent" substitute "an agent of a registered party which has submitted a list, a candidate on that list or an individual candidate"; and

    (c) for "a candidate" substitute "an individual candidate".


Notes:

 [16] Section 29 was amended by the Representation of the People Act 1991 (c.11) and the Transfer of Functions (Returning Officers' Charges) Order 1991 (S.I. 1991/1728.back

[17] Subsections (1)(d) and (3) of section 49 were repealed by Schedule 5 to the 1985 Act and subsection (5) was substituted by Schedule 2 to the Local Government Elections (Changes to the Franchise and Qualification of Members) Regulations 1995 (S.I. 1995/1948).back

[18] Section 52 was amended by Schedule 4 to the 1985 Act, Schedule 16 to the Local Government (Wales) Act 1994 (c.19) and Schedule 13 to the Local Government etc. (Scotland) Act 1994 (c.39).back

[19] Section 54 was amended by Schedule 4 to the 1985 Act.back

[20] Subsection (4A) of section 56 was inserted by Schedule 4 to the 1985 Act and subsections (1)(c) and (6) were repealed by Schedule 5 to that Act.back

[21] Section 61 was amended by paragraph 2 of Schedule 2 to the 1985 Act.back

[22] Section 63 was substituted by Schedule 4 to the 1985 Act.back

[23] Subsection (3) and (4) of section 65 were substituted by Schedule 3 to the 1985 Act.back

[24] Section 66(6) was amended by Schedule 3 to the 1985 Act.back

[25] Section 67(4) was amended by Schedule 4 to the 1985 Act.back

[26] Section 68(3) was amended by Schedule 4 to the 1985 Act.back

[27] Section 69(1) was amended by Schedule 4 to the 1985 Act.back

[28] Section 70(3A) was inserted by Schedule 4 to the 1985 Act.back

[29] Section 73(2) was amended by section 14(1) of the 1985 Act.back

[30] Section 74(1) was amended by section 14(2) of the 1985 Act.back

[31] Section 75(1)(i) was amended by Schedule 20 to the Broadcasting Act 1990 (c.42) and Schedule 10 to the Broadcasting Act 1996 (c.55); section 75(1)(ii) was amended by section 14(3) of the 1985 Act and subsections (2), (4) and (5) of section 75 were amended by Schedule 4 to the 1985 Act.back

[32] Section 76(3) was repealed by Schedule 5 to the 1985 Act.back

[33] Section 78 was amended by Schedule 4 to the 1985 Act.back

[34] Section 79 was amended by Schedule 4 to the 1985 Act.back

[35] Section 81 was amended by Schedule 4 to the 1985 Act.back

[36] Section 82 was amended by Schedule 4 to the 1985 Act, Schedule 16 to the Local Government (Wales) Act 1994 (c.19) and Schedule 13 to the Local Government etc. (Scotland) Act 1994 (c.39) and was repealed in part by Schedule 17 to the Local Government Act 1985 (c.51).back

[37] Section 86(1A) was inserted by Schedule 4 to the 1985 Act.back

[38] Section 87(3) was amended by Schedule 4 to the 1985 Act.back

[39] Section 88 was amended by Schedule 4 to the 1985 Act.back

[40] Section 89 was amended by Schedule 4 to the 1985 Act.back

[41] Section 91(1) was amended by Schedule 4 to the 1985 Act.back

[42] Section 92(1) was substituted by Schedule 20 to the Broadcasting Act 1990 (c.42).back

[43] Section 94 has been amended but the amendment is not relevant to the subject matter of these Regulations.back

[44] Subsections (1) and (4) of section 95 were amended by Schedule 4 to the 1985 Act and subsection (2)(a) by Part I of Schedule 12 to the Education Reform Act 1988 (c.40).back

[45] Section 97(3) was repealed in part in its application to England and Wales by Part I of Schedule 7 to the Police and Criminal Evidence Act 1984 (c.60).back

[46] Section 98 was repealed as respects England and Wales by Part I of Schedule 13 to the Local Government Finance Act 1988 (c.41).back

[47] Section 99(2) was substituted by Schedule 3 to the 1985 Act.back


 
  continue
 
 
  Other UK SIs |  Home |  National Assembly for Wales Statutory Instruments |  Scottish Statutory Instruments |  Statutory Rules of Northern Ireland |  Her Majesty's Stationery Office
We welcome your comments on this site
 © Crown copyright 1999
Prepared 10 May 1999