| Statutory Instruments 1999 No. 1214 The European Parliamentary Elections Regulations 1999 - continued |
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1. This Schedule applies in the circumstances set out in regulation 8 of these Regulations. 2. At the end of paragraph (2) of rule 19 (the ballot papers) add the following sub-paragraph:
3.
At the end of rule 23 (notice of poll) add the following paragraph:
(b) specify the relevant parliamentary constituency or, as the case may be, local authority and, in the case of a local government election to fill a casual vacancy, the electoral area for which the election is held; and (c) where the polls are to be taken together in part of the European Parliamentary electoral region only, specify that part.".
4.
At the end of rule 28 (issue of official poll cards) add the following paragraph:
5.
After paragraph (1) of rule 29 (equipment of polling stations) insert the following paragraph:
6.
For paragraph (5) of rule 29 substitute the following paragraph:
7.
In paragraph (1)(b) of rule 30 (appointment of polling and counting agents) omit the words "the verification of the ballot paper accounts and" and in paragraph (2) of that rule omit the words "verification of the ballot papers accounts or".
9.
In rule 31(b) (notification of requirement of secrecy) the words "the verification of the ballot paper accounts or" and "(2A)" shall be omitted.
12.
At the end of paragraph (2) of rule 38 (votes marked by presiding officer) add:
13.
At the end of paragraph (4) of rule 39 (voting by blind persons) add:
14.
At the end of paragraph (3) of rule 40 (tendered ballot papers) add:
15.
At the end of paragraph (1) of rule 42 (adjournment of poll in case of riot) add "who discharges the functions specified in regulation 98 of the 1986 Regulations".
(1B) References to the returning officer in paragraph (1) above are references to the returning officer who discharges the functions specified in regulation 98 of the 1986 Regulations.".
17.
Omit rules 43A (attendance at verification of the ballot paper accounts) and 43B (procedure at verification of the ballot paper accounts).
(b) at a general election of MEPs, that delivery or the material time, whichever is the later,
and shall give the returning officer and the counting agents notice in writing of the time after which he will begin to count the votes if by then he has received the ballot papers and of the place at which the count will take place.
19.
For paragraph (1) of rule 45 (the count) substitute:
(b) where the proceedings on the issue and receipt of postal ballot papers are not taken together with those proceedings at another election under regulation 78 of the 1986 Regulations, as applied by Schedule 2 to the European Parliamentary Elections Regulations 1999, count such of the postal ballot papers as have been duly returned and record the number counted; and (c) mix together the postal ballot papers and the ballot papers from all of the containers and count the votes given on them.
(2) A postal ballot paper shall not be deemed to be duly returned unless it is returned in the proper envelope so as to reach the local returning officer before the close of the poll and is accompanied by the declaration of identity duly signed and authenticated.".
20.
In paragraph (4) of rule 45 after the word "while" insert "counting and recording the number of postal ballot papers and".
1.
Make sure the ballot papers you are given are stamped with the official mark.
23.
In the Appendix of forms, in the form of declaration to be made by the companion of a blind voter:-
(b) for the words "said election" in both places where they occur substitute "said elections".
1. This Schedule applies in the circumstances set out in regulation 8 of these Regulations. 2. At the end of paragraph (2) of rule 19 (the ballot papers) add the following sub-paragraph:
3.
At the end of rule 23 (notice of poll) add the following paragraph:
(b) specify the relevant parliamentary constituency or, as the case may be, local authority and, in the case of a local government election to fill a casual vacancy, the electoral area for which the election is held; and (c) where the polls are to be taken together in part of the European Parliamentary electoral region only, specify that part.".
4.
At the end of rule 28 (issue of official poll cards) add the following paragraph:
5.
After paragraph (1) of rule 29 (equipment of polling stations) insert the following paragraph:
6.
For paragraph (5) of rule 29 substitute the following paragraph:
7.
In paragraph (1)(b) of rule 30 (appointment of polling and counting agents) omit the words"the verification of the ballot paper accounts and" and in paragraph (2) of that rule omit the words"verification of the ballot papers accounts or".
9.
In rule 31(b) (notification of requirement of secrecy) the words "the verification of the ballot paper accounts or" and "(2A)" shall be omitted.
12.
At the end of paragraph (2) of rule 38 (votes marked by presiding officer) add:
13.
At the end of paragraph (4) of rule 39 (voting by blind persons) add:
14.
At the end of paragraph (3) of rule 40 (tendered ballot papers) add:
15.
At the end of paragraph (1) of rule 42 (adjournment of poll in case of riot) add "who discharges the functions specified in regulation 96 of the 1986 (Scotland) Regulations".
(1B) References to the returning officer in paragraph (1) above are references to the returning officer who discharges the functions specified in regulation 96 of the 1986 (Scotland) Regulations.".
17.
Omit rules 43A (attendance at verification of the ballot paper accounts) and 43B (procedure at verification of the ballot paper accounts).
(b) at a general election of MEPs, that delivery or the material time, whichever is the later,
and shall give the returning officer and the counting agents notice in writing of the time after which he will begin to count the votes if by then he has received the ballot papers and of the place at which the count will take place.
19.
For paragraph (1) of rule 45 (the count) substitute:
(b) where the proceedings on the issue and receipt of postal ballot papers are not taken together with those proceedings at another election under regulation 76 of the 1986 (Scotland) Regulations, as applied by Schedule 2 to the European Parliamentary Elections Regulations 1999, count such of the postal ballot papers as have been duly returned and record the number counted; and (c) mix together the postal ballot papers and the ballot papers from all of the containers and count the votes given on them.
(2) A postal ballot paper shall not be deemed to be duly returned unless it is returned in the proper envelope so as to reach the local returning officer before the close of the poll and is accompanied by the declaration of identity duly signed and authenticated.".
20.
In paragraph (4) of rule 45 after the word "while" insert "counting and recording the number of postal ballot papers and".
1.
Make sure the ballot papers you are given are stamped with the official mark.
23.
In the Appendix of forms, in the form of declaration to be made by the companion of a blind voter:-
(b) for the words "said election" in both places where they occur substitute "said elections".
Regulation 9 1. In form D (proxy paper) in Schedule 2 to the 1986 Regulations-
(ii) in the space above the words "Name of Proxy" insert "European Parliamentary electoral region |3dotnld|"; (iii) after the words "*[local government]" insert "*[European Parliamentary]"; (iv) after the words "*[electoral area]" insert "*[European Parliamentary electoral region]", and (v) for the words from "[any *[parliamentary election]" to "electoral area].]" substitute "[any *[parliamentary or European Parliamentary election] *[parliamentary, European Parliamentary or local government election] for the above *[parliamentary constituency and European Parliamentary electoral region] *[parliamentary constituency, European Parliamentary electoral region and local government electoral area(s)].]"; and
(b) in note 2 of the notes to the form after the words "any parliamentary" insert ", European Parliamentary" and after the words "at parliamentary" insert "and European Parliamentary".
2.
In form C (proxy paper) in Schedule 2 to the 1986 Regulations[134]-
(ii) in the space above the words "Name of Proxy" insert "European Parliamentary electoral region |3dotnld|"; (iii) after the words "*[local government]" insert "*[European Parliamentary]"; (iv) after the words "*[electoral area]" insert "*[European Parliamentary electoral region]"; and (v) for the words from "[any [parliamentary election]" to "electoral area].]" substitute "[any *[parliamentary or European Parliamentary election] *[parliamentary, European Parliamentary or local government election] for the above *[parliamentary constituency and European Parliamentary electoral region] *[parliamentary constituency, European Parliamentary electoral region and local government electoral areas)].]"; and
(b) in note 2 of the notes to the form after the words "any parliamentary" insert ", European Parliamentary" and after the words "at parliamentary" insert "and European Parliamentary".
Regulation 3(6) European Parliamentary electoral region Polling district Name of proxy Address is hereby appointed as proxy for (name of elector) who is *[qualified to be registered as a European Parliamentary elector for (Qualifying address) ]*[qualifies as a European Parliamentary overseas elector in respect of the above region] to vote for him at *[the European Parliamentary election for that region on (date) ] *[any European Parliamentary election for that region] *[This proxy appointment is not valid until ] Signature (Electoral registration officer) Address Date *delete whichever is inappropriate 1. This proxy paper gives you the right to vote as proxy on behalf of the elector whose name is given above. 2. Your appointment as proxy may be for a particular European Parliamentary election only or it may be for an indefinite period. If it is for a particular election, you have the right to vote as proxy only at the election specified in the proxy paper. If it is for an indefinite period, you have the right to vote as proxy at any European Parliamentary election until the electoral registration officer informs you to the contrary. 3. When the elector applied for you to be appointed as proxy EITHER he or she was asked to state that he or she had consulted you and that you were capable of being and willing to be appointed as proxy OR you signed a statement stating that you were capable of being and willing to be appointed. You are capable of being appointed as proxy if you are at least 18 years old on polling day, a British or other Commonwealth citizen or a citizen of a Member State of the European Communities and not for any reason disqualified from voting. If for some reason you are not capable of being, or willing to be, appointed as proxy, please write to the elector asking him to cancel the appointment. 4. You may vote as proxy at the polling station allotted to the elector on whose behalf you are appointed. However, you may not vote as proxy at the same election for more than two electors of whom you are not the husband, wife, parent, grandparent, brother, sister, child or grandchild. Shortly before polling day you will be sent a proxy poll card telling you where the polling station is. You do not need to take either the poll card or this proxy paper to the polling station but you may find it helpful to do so. Remember that the elector may still vote in person. If he or she applies for a ballot paper at the polling station before you do you will not be able to vote as proxy on his or her behalf. 5. If you cannot vote in person at the polling station the electoral registration officer may be able to allow you to vote as proxy by post. [For use in England. If your appointment is for an indefinite period, you may apply to vote by post throughout the period your appointment is in force if you live in a different electoral division (or where there are no electoral divisions, a different parliamentary constituency) from the elector's qualifying address; or if the addresses are in the same electoral division (or, in an area where there are no electoral divisions, parliamentary constituency) but in a different parish.] [For use in Scotland. If your appointment is for an indefinite period, you may apply to vote by post throughout the period your appointment is in force if you live in a different electoral ward from the elector's qualifying address.] [For use in Wales. If your appointment is for an indefinite period, you may vote by post throughout the period your appointment is in force if you live in a different electoral division of a county or county borough from the elector's qualifying address or in a different community.] If you are registered for the same parliamentary constituency or electoral area as the elector, you may apply if you are entitled to vote by post or proxy on your own behalf. In addition, you may vote by post at a particular election if the electoral registration officer is satisfied that you cannot reasonably be expected to vote in person at the elector's polling station. But the electoral registration officer cannot allow an application to vote by post at a particular election if he receives it after 5 p.m. on the eleventh working day before the poll. Notes: [134] The back of form C was amended by S.I. 1996/739.back
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