|
Provision applied
|
Modification
|
|
Section 100 (illegal canvassing by police officers)[48] |
|
| Section 101 (no hiring of vehicles to convey voters) |
|
|
Section 102 (no payments for conveyance of voters) |
|
|
Section 103 (provisions supplemental to sections 101 to 103)[49] |
|
|
Section 104 ("carriage" in sections 101 to 103)[50] |
|
|
Section 105 (access to polling place by sea) |
In subsection (1), omit "county".
|
|
Section 106 (false statements as to candidates)[51] |
In subsection (1)-
(a) for "any candidate" substitute "any registered party or individual candidate", and
(b) for "the candidate's personal character or conduct" substitute "the personal character or conduct of a candidate on the list of that party or of that individual candidate".
|
|
|
Omit subsections (2), (5), (6) and (7). |
|
Section 107 (corrupt withdrawal from candidature) |
For "a candidate" substitute "an individual candidate".
|
|
Section 108 (premises not to be used as committee rooms)[52] |
|
|
Section 109 (payments for exhibition of election notices) |
|
|
Section 110 (printer's name and address on election publications)[53] |
|
|
Section 111 (prohibition of paid canvassers) |
|
|
Section 112 (providing money for illegal purposes) |
|
|
Section 113 (bribery) |
In subsection (2) after "return of any person", in both places where those words occur, insert"or registered party".
|
|
Section 114 (treating) |
|
|
Section 115 (undue influence) |
|
|
Section 116 (rights of creditors) |
|
|
Section 117 (savings as to parliamentary elections) |
Omit subsection (1). |
|
|
In subsection (2)(b) and (c) for "candidate" substitute "registered party or individual candidate".
|
|
Section 118 (interpretation of Part II)[54] |
For the definition of "appropriate officer" substitute-
"
"appropriate officer" means the returning officer;".
For the definition of "candidate" substitute-
"
"candidate" means a person who is either included in the list of candidates of a registered party or is nominated as an individual candidate at the election;".
|
|
Section 119 (computation of time for purposes of Part II)[55] |
|
|
Section 120 (method of questioning parliamentary elections) |
At the end insert-
"
(3) No election petition may be brought on the grounds of the commission of corrupt or illegal practices, except those in sections 60 and 61 above.
(4) No election petition may be brought where an application may be made under paragraph 6 of Schedule 1 to the 1978 Act[56].".
|
|
Section 121 (presentation and service of parliamentary election petition) |
For subsection (2) substitute-
"
(2) If the petition complains of the conduct of-
(a) the returning officer,
(b) any local returning officer,
the officer (or officers) in question shall be deemed to be the respondent (or respondents), together with any MEP returned at the election.".
|
|
Section 122 (time for presentation or amendment of parliamentary election petition) |
For the section substitute-
"
122.
An election petition shall be presented within 21 days after the day on which the result of the election was declared under rule 50 of the elections rules.".
|
|
Section 123 (constitution of election court and place of trial) |
Omit subsections (3) and (4). |
|
Section 124 (judges' expenses and reception: England and Wales)[57] |
|
|
Section 125 (judges' expenses and reception: Scotland)[58] |
|
|
Section 136 (security for costs)[59] |
|
|
Section 137 (petition at issue) |
|
|
Section 139 (trial of election petition) |
In subsection (3) for the words from "the acceptance" to the end substitute "that one (or more) of the respondents is no longer an MEP".
|
|
|
Omit subsection (4). |
|
|
In subsection (6) before "candidates", in each place where the word occurs, insert "registered parties or individual".
|
|
Section 140 (witnesses)[60] |
Omit subsection (6). |
|
Section 141 (duty to answer relevant questions)[61] |
|
|
Section 143 (expenses of witnesses) |
|
|
Section 144 (conclusion of trial of parliamentary election petition) |
In subsection (1) for the words from "the member" to "void" substitute-
"
(a) the member or members whose election is complained of were duly elected,
(b) some other person or persons should have been declared to be elected, or
(c) the election of all members for that electoral region was void".
|
|
|
In subsection (2) for "Speaker" substitute "Secretary of State".
|
|
|
For subsection (3) substitute-
"
(3) If the judges constituting the election court differ as to any matter which they are required to determine, they shall certify that difference and, to the extent that there is such a difference, the result of the election shall stand.".
|
|
|
Omit subsections (4) to (7). |
|
Section 146 (special case for determination of the High Court) |
In subsection (2) for "Speaker" substitute "Secretary of State".
|
|
Section 147 (withdrawal of petition) |
|
|
Section 152 (abatement of petition) |
|
|
Section 154 (costs of petition) |
|
|
Section 155 (neglect or refusal to pay costs) |
|
|
Section 157 (appeals and jurisdiction) |
Omit subsections (2) and (5). |
|
Section 160 (persons reported personally guilty of corrupt or illegal practices) |
Omit subsections (1) to (3). |
|
|
In subsection (4)-
(a) for the words "reported by an election court personally guilty" substitute "convicted";
(b) after "corrupt practice" insert "or a candidate convicted of an illegal practice";
(c) for "report" substitute "conviction";
(d) after "parliamentary" insert "or European Parliamentary", and;
(e) after "Commons", in each place where it occurs, insert "or European Parliament".
|
|
|
In subsection (5)-
(a) for the words "reported by an election court personally guilty" substitute "convicted";
(b) for "report" substitute "conviction";
(c) after "parliamentary", in the first place where it occurs, insert "or European Parliamentary"; and;
(d) for paragraphs (a) and (b) substitute "for or within the electoral region for which European Parliamentary election was held".
|
|
|
Omit subsections (6) and (7). |
|
Section 167 (application for relief)[62] |
|
|
Section 168 (prosecutions for corrupt practices)[63] |
|
|
Section 169 (prosecutions for illegal practices)[64] |
For the words from the beginning to "prosecution" substitute-
"
A person who is guilty of an illegal practice shall be liable-
(a) in the case of an illegal practice under regulation 15(7) of the European Parliamentary Elections Regulations 1999 or section 76(1) above, on conviction on indictment, to a fine;
(b) in the case of any illegal practice (including the ones mentioned in paragraph (a) above), on summary conviction, to a fine not exceeding level 5 on the standard scale;
and on a prosecution".
|
|
Section 170 (conviction of illegal practice on charge of a corrupt practice, etc.) |
|
|
Section 174 (mitigation and remission etc.) |
Omit subsections (1) to (4). |
|
|
In subsection (5) omit-
(a) "or of the report of an election court"; and;
(b) "or report", in both places where the words occur.
|
|
Section 175 (illegal payments etc.)[65] |
In subsection (2) omit the words from "and if" to the end.
|
|
Section 176 (time limit for prosecution)[66] |
|
|
Section 178 (prosecution of offences committed outside the United Kingdom[67] |
For "Republic of Ireland" substitute "Union".
|
|
Section 179 (offences by associations) |
|
|
Section 180 (evidence by certificate of holding of elections) |
Omit paragraph (b). |
|
|
After paragraph (ii) insert-
"
and (iii) that a registered party named in the certificate submitted a list at the election,".
|
|
Section 181 (Director of Public Prosecutions)[68] |
|
|
Section 182 (rules of procedure) |
|
|
Section 183 (costs) |
|
|
Section 184 (service of notices) |
|
|
Section 185 (interpretation of Part III) |
For the definition of "appropriate officer" substitute-
"
"appropriate officer" means the returning officer;".
|
|
|
In the definition of "candidate" omit the words from "and the" to the end.
|
|
Section 186 (computation of time for purposes of Part III) |
|
|
Section 200 (public notices and declarations)[69] |
For subsection (1A) substitute:
"
(1A) A public notice required by or under this Act to be given by a local returning officer shall be given by posting the notice in some conspicuous place or places in the parliamentary constituency wholly or partly contained in an electoral region and may also be given in such other manner as he thinks fit.".
|
|
Section 202 (general provisions as to interpretation)[70] |
In subsection (1), omit the definitions of "Clerk of the Crown" and "elector" and, at the end of the definition of "sub-agent" add "and includes a sub-agent appointed under regulation 12 of the European Parliamentary Elections Regulations 1999".
|
In section 203 (local government provisions as to England and Wales), subsections (2) and (3)[71]
|
|
In section 204 (general application to Scotland), subsections (3), (4), (5), (6) and (8)
|
|
|
SCHEDULE 1 (PARLIAMENTARY ELECTIONS RULES) |
|
Rule 1 (timetable). |
For the Timetable there shall be substituted the following provision:
"TIMETABLE
|
Proceeding |
Time |
|
Publication of notice of election. |
Not later than the 25th day before the date of the poll. |
|
Delivery of nomination papers and list of candidates of registered parties. |
Between the hours of 10 a.m. and 4 p.m. on any day after the date of the publication of the notice of election but not later than the 19th day before the date of the poll. |
|
Delivery of notices of withdrawals of candidature. |
Within the time for the delivery of nomination papers at the election. |
|
The making of objections to nomination papers or list of candidates of registered parties. |
During the hours allowed for delivery of nomination papers on the last day for their delivery and the hour following; but
(a) no objection may be made in the afternoon of that last day except to a nomination paper delivered within 24 hours of the last time for its delivery, and in the case of a nomination paper so delivered no objection may be so made to the sufficiency or nature of the particulars of a registered party or candidate on the party's list or individual candidate unless made at or immediately after the time of the delivery of the nomination paper; and;
(b) the foregoing provisions do not apply to objections made in pursuance of rule 15(2) below.
|
|
Publication of statement of parties and individual candidates nominated. |
At the close of the time for making objections to nomination papers or list of candidates of registered parties or as soon afterwards as any objections are disposed of. |
|
Polling. |
Between the hours of 7 a.m. and 10 p.m. on the day of the poll.". |
|
|
Rule 2 (computation of time)[72] |
Omit sub-paragraph (i) of paragraph (2). |
|
Rule 5 (notice of election)[73] |
In paragraph (1) omit the words from "and the notice" to the end.
|
|
|
At the end of the rule insert- "
(3) The returning officer shall send a copy of the notice to the local returning officer for each parliamentary constituency wholly or partly contained in the electoral region; and each local returning officer shall publish the copy of the notice at a place within the area in which he acts.".
|
|
Rule 6 (nomination of candidates) |
In rule 6 before "candidate", in each place where it occurs, insert "individual".
|
|
|
For paragraph (1) substitute:
"
(1) Each individual candidate shall be nominated by a separate nomination paper, which is signed and delivered by the individual candidate himself or a person authorised in writing by him.".
|
|
|
At the end of the rule insert- "
(4) Where a nomination paper is delivered in respect of the same person after an earlier paper in respect of that person has been delivered, that later paper shall be deemed to supersede the earlier one.".
|
|
Rule 6A (nomination papers: name of registered political party)[74] |
In paragraph (1) omit the words from "unless" to the end.
|
|
|
Omit paragraph (2). |
|
|
After rule 6A insert:
"
Nomination of registered parties
6B.
-
(1) A registered party which is to stand for election in the electoral region shall be nominated by a nomination paper delivered to the returning officer at the place which he has fixed for the purpose by the party's nominating officer or a person authorised in writing by him.
(2) The nomination paper shall state the name by which the registered party is to stand for election; and that name need not be the party's registered name but must not be such as would be likely to lead voters to associate that party with another registered party.
(3) That name shall not exceed 6 words in length.
(4) The nomination paper shall be accompanied by a list of candidates which complies with rule 6C below.
(5) The nomination paper shall include a statement that the party is nominated by or on behalf of the nominating officer of the registered party in question and shall be signed by the person making it.
(6) Where a nomination paper and list of candidates are delivered in respect of the same registered party after an earlier paper and list have been so delivered, that later paper and list shall be deemed to supersede the earlier ones.
(7) A person shall be guilty of a corrupt practice if he fraudulently purports to be authorised to make the statement required by paragraph (5) above on behalf of a registered party's nominating officer.
(8) In the application of this rule in relation to an election "registered party" means a party which was registered under the Registration of Political Parties Act 1998 at the time by which the notice of election is required to be published.
List of candidates
6C.
-
(1) The number of candidates in the list of a registered party's candidates which must accompany its nomination paper shall not exceed the number of MEPs to be elected in the electoral region at the election.
(2) The list shall set out the full names and home addresses in full of each candidate.".
|
|
Rule 8 (consent to nomination) |
In paragraph (1)-
(a) after "nominated" insert "as an individual candidate or as a candidate on a registered party's list"; and;
(b) After sub-paragraph (b) insert-
"
(bb) in the case of a candidate on a registered party's list, identifies the party in question;".
|
|
|
In paragraph (3)(b)-
(a) for "the House of Commons Disqualification Act 1975" substitute "paragraph 5 of Schedule 1 to the 1978 Act[75]", and;
(b) for "membership of the House of Commons" substitute "the office of MEP".
|
|
|
After rule 8 insert-
"
Candidature by relevant citizen of the Union
8A.
-
(1) Where the candidate is a relevant citizen of the Union, he shall not be validly nominated as an individual candidate or as a candidate on a registered party's list, unless a declaration under paragraph (2) below and a certificate under paragraph (3) below are delivered at the place and within the time for the delivery of nomination papers.
(2) The declaration referred to in paragraph (1) 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 is a national, the name of the locality or constituency where, so far as he knows, his name was last entered.
(3) The certificate referred to in paragraph (1) above must be made by the competent administrative authorities in the Member State of which the candidate is a national stating either that he has not been deprived of his right to stand as a candidate in that State or that no such disqualification is known to those authorities.
(4) As soon as practicable after publication of the statement of parties and individual candidates nominated, the returning officer shall send to the Secretary of State a copy of the declaration made under paragraph (2) above by any candidate who stands nominated either by virtue of the list of candidates which accompanied a registered party's nomination or as an individual candidate.
(5) In this rule "locality or constituency" and "competent administrative authorities" have the same meaning as they have in the directive of the Council of the European Communities No. 93/109/EC.".
|
|
Rule 9 (deposit)[76] |
In paragraph (1)-
(a) after "nominated" insert "as an individual candidate", and;
(b) for "£500" substitute "£5,000".
|
|
|
After paragraph (1) insert-
"
(1A) A registered party shall not be validly nominated unless the sum of £5,000 is deposited on its behalf with the returning officer at the place and during the time for the delivery of nomination papers.".
|
|
|
In paragraph (3)-
(a) after "of the" insert "registered party or individual", and;
(b) for "rule 6(1) above" substitute "regulation 10 or 11 of the European Parliamentary Elections Regulations 1999".
|
In rule 10 (place for delivery of nomination papers), paragraph (1)
|
After "place" insert "in the electoral region".
|
|
Rule 11 (right to attend nomination) |
In paragraph (1) for the words from "(a) a person" to the end substitute-
"
(a) a person standing nominated as an individual candidate or included in a list under rule 6C above,
(b) the election agent of a registered party which has submitted a nomination or of an individual candidate, or
(c) a person authorised in writing to deliver a nomination paper.".
|
|
|
Omit paragraphs (2) and (4). |
|
|
At the end of paragraph (3) insert "or list of candidates". |
|
Rule 12 (decisions as to validity of nomination papers)[77] |
In paragraph (1)-
(a) after "Where" insert, in the case of an individual candidates and;
(b) after "consent to it" insert "(and, where required, a declaration and certificate under rule 8A(2) and (3) above)".
|
|
|
After paragraph (1) insert-
"
(1A) Where, in the case of a registered party, a nomination paper and list under rule 6C above are delivered and a deposit is made in accordance with these rules, the party and (subject to paragraph (2B) below) the candidates on its list shall be deemed to stand nominated unless and until the returning officer determines that the nomination paper or list is invalid.".
|
|
|
In paragraph (2)-
(a) for the words "paper invalid" substitute "paper of an individual candidate invalid";
(b) in sub-paragraph (a) omit "or the particulars of the persons subscribing the paper"
(c) omit sub-paragraph (b), and;
(d) in sub-paragraph (c) after "1981" insert "(which applies in respect of the office of MEP by virtue of paragraph 5(1)(a) of Schedule 1 to the 1978 Act)".
|