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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001 No. 1184 URL: http://www.bailii.org/uk/legis/num_reg/2001/20011184.html |
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| Made | 26th March 2001 | ||
| Coming into force | 9th April 2001 |
(3) These Regulations extend throughout the United Kingdom.
Revocation
2.
Regulations 7 to 14 and 17 and 18 of the European Parliamentary Elections (Changes to the Franchise and Qualification of Representatives) Regulations 1994[5] are hereby revoked.
Relevant citizens of the Union as European Parliamentary electors
3.
- (1) A person is entitled to vote as an elector at a European Parliamentary election in an electoral region if on the date of the poll he -
(2) A person is not entitled to vote as an elector -
(3) In this regulation "legal incapacity" has the same meaning in relation to European Parliamentary elections as it has in the 1983 Act in relation to parliamentary elections.
Entitlement of relevant citizen of the Union to be registered as European Parliamentary elector
4.
- (1) A person is entitled to be registered in the register of relevant citizens of the Union entitled to vote at European Parliamentary elections (maintained under regulation 5(2) below) for part of an electoral region if on the relevant date he -
and the registration officer has received in respect of him an application and declaration made in accordance with regulation 6(1) and (2) below.
(2) A person is not entitled to be registered in the register maintained under regulation 5(2) below for the electoral region of Northern Ireland unless, in addition to complying with paragraph (1) above, he has been resident in Northern Ireland during the whole of the period of three months ending on the relevant date.
(3) The preceding provisions have effect subject to -
(4) A person otherwise qualified is (despite paragraph (1)(d) above) entitled to be registered in a register maintained under regulation 5(2) below if he will attain voting age before the end of the period of 12 months beginning with the 1st December next following the relevant date, but -
(5) In this regulation -
Registration officers
5.
- (1) The officer who -
shall be the registration officer for the area in question for the purposes of the registration of relevant citizens of the Union as European Parliamentary electors.
(2) Each registration officer shall maintain a register of any person or persons entitled to be registered under regulation 4 above.
(3) Such a register shall, so far as practicable, be combined with -
and the names of persons registered under this regulation shall be marked to indicate that fact.
Form of application and declaration required by regulation 4(1)
6.
- (1) An application under this regulation may be made by a relevant citizen of the Union ("the applicant"), shall be signed and dated by him and shall state -
(2) An application under this regulation shall include a declaration stating -
(3) The registration officer shall supply free of charge as many copies of forms for use in connection with applications and declarations under paragraphs (1) and (2) above as appear to that officer reasonable in the circumstances to any person who satisfies that officer of his intention to use the forms in connection with the registration of relevant citizens of the Union as European Parliamentary electors.
(4) An application under paragraph (1) above and a declaration under paragraph (2) above shall be of no effect unless they are received by the registration officer concerned within the period of three months beginning with the date on which they are made.
(5) In any case where the registration officer is not required to notify the applicant of the result of the application under the regulations applied by regulation 9 below, he shall so notify the applicant under this paragraph.
(6) In this regulation -
Punishment of false statement in application or declaration made under regulation 6(1) and (2)
7.
- (1) A person who makes a statement which he knows to be false in an application or declaration required by regulation 6(1) and (2) above is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(2) The provisions of Part III of the 1983 Act relating to the prosecution of offences, as applied by regulations made under the European Parliamentary Elections Act 1978[10], shall have effect in relation to an offence under this regulation as they have effect in relation to an offence under the 1983 Act as so applied.
Copies of certain applications and declarations to be sent to the Secretary of State
8.
- (1) As soon as practicable after the registration officer has registered the name of a relevant citizen of the Union in the register maintained under regulation 5(2) above in the circumstances set out in paragraph (2) below, he shall send a copy of the application and declaration made in pursuance of regulation 6(1) and (2) above by virtue of which he entered the name in the register to the Secretary of State.
(2) Those circumstances are where the relevant citizen of the Union would be entitled to vote at a European Parliamentary general election in pursuance of the registration.
Application, with modifications, of provisions of the 1983 Act and Representation of the People Regulations
9.
- (1) The provisions of -
shall apply for the purposes of the registration of relevant citizens of the Union as European Parliamentary electors as they apply for the purposes of the registration of parliamentary and local government electors subject to -
(2) Unless the context otherwise requires, in the provisions applied by the Schedule to these Regulations -
Removal of names from the register
10.
- (1) A declaration under regulation 6(2) above may be cancelled at any time by the declarant.
(2) A relevant citizen of the Union registered in a register of electors maintained under regulation 5(2) above is entitled to remain so registered until -
whichever occurs first.
(3) Where the entitlement of such a person to remain registered terminates by virtue of paragraph (2) above, the registration officer concerned shall remove the person's entry from the register, unless he is entitled to remain in pursuance of a further application and declaration under regulation 6(1) and (2) above.
(4) The registration officer shall remove the name of a relevant citizen of the Union from the register maintained under regulation 5(2) above where the Secretary of State sends to that officer a copy of any information provided by the Member State of which that citizen is a national to show that he has lost the right to vote there.
Consequential amendments
11.
In -
for "Part III of the European Parliamentary Elections (Changes to the Franchise and the Qualifications of Representatives) Regulations 1994" substitute "the European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001".
Mike O'Brien
Parliamentary Under-Secretary of State
Home Office
26th March 2001
| 1 | 2 |
| Provision applied | Modification |
| PART I: THE 1983 ACT | |
| Section 5 (residence: general)[16] |
In subsection (1) for the words from "section 4" to the end substitute "regulation 4 of the European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001 ("the 2001 Regulations") falls to be determined for the purposes of that regulation". In subsections (3) and (6) for "section 4 above" substitute "that regulation 4". |
| Section 6 (residence: merchant seamean)[17] | For "section 4 above" substitute "regulation 4 of the 2001 Regulations". |
| Section 7 (residence: patients in mental hospitals who are not detained offenders or on remand)[18] | In subsection (2) for "section 4 above" substitute "regulation 4 of the 2001 Regulations". |
| Section 7A (residence: persons remanded in custody etc.)[19] | In subsection (2) for "section 4 above" substitute "regulation 4 of the 2001 Regulations". |
| Section 7B (notional residence: declarations of local connection)[20] |
In subsection (2)(c) for "section 4 above" substitute "regulation 4 of the 2001 Regulations". Omit subsections (6) and (7). |
| Section 7C (effect of declaration of local connection) | In subsection (1) for "section 4 above" substitute "regulation 4 of the 2001 Regulations". |
| In section 9 (register of electors)[21], subsections (2), (3), (4), (7) and (8) | |
| Section 13 (publication of registers)[22] |
For subsections (1) to (3) substitute: " (1) Where a register under regulation 5(2) of the 2001 Regulations is in force, a revised version of it shall be published when a revised version of the registers of parliamentary and local government electors is published under subsection (1) or (3) of this section, as it has effect for the purposes of such registers.". |
| Section 13A (alteration of registers) | In subsection (1)(b) after "this Act" insert "or regulation 10 of the 2001 Regulations". |
| Section 13B (alteration of registers: pending elections) |
For subsection (4) substitute: " (4) This section applies to elections to the European Parliament.". |
| Section 50 (effect of misdescription) | |
| Section 52 (discharge of registration duties)[23] | In subsections (1) and (4) for "this Act" substitute "the 2001 Regulations". |
| Section 54 (payment expenses of registration)[24] |
In subsection (1) for "under this Act" substitute "under the 2001 Regulations". Omit subsection (3) |
| Section 56 (registration appeals: England and Wales)[25] |
In subsection (1)(a) for "this Act" substitute "the 2001 Regulations". Omit subsection (1)(b). |
| Section 57 (registration appeals: Scotland) | |
| Section 58 (registration appeals: Northern Ireland)[26] | |
| Section 62 (offences as to declarations)[27] |
In subsection (1) omit -
(b) "or section 15(1)", and (c) paragraph (b). |
| Section 63 (breach of official duty)[28] |
In subsection (3) -
" (a) any registration officer", and (b) for the words from "relating to" to the end, substitute "relating to the registration of relevant citizens of the Union as European Parliamentary electors". |
| Section 202 (general provisions as to interpretation)[29] |
In subsection (1) omit all of the definitions except those of "citizen of the Union", "dwelling", "prescribed" and "qualifying address" and add - " "2001 Regulations" means the European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001". |
| PART II THE REPRESENTATION OF THE PEOPLE (ENGLAND AND WALES) REGULATIONS 2001 | |
| Regulation 3 (interpretation) | |
| Regulation 5 (communication of applications, notices, etc.) | |
| Regulation 6 (electronic signatures and related certificates) | |
| Regulation 7 (copies of documents) | |
| Regulation 8 (time) | |
| Regulation 11 (interference with notices etc.) | |
| Regulation 24 (evidence as to age and nationality) | In paragraph (2) for sub-paragraphs (b) to (d) substitute "(b) evidence of his status as a national of a Member State or a statutory declaration as to that nationality.". |
| Regulation 27 (objections to registration) | |
| Regulation 28 (inspection of applications and objections) | |
| Regulation 29 (procedure for determining applications for registration and objections without a hearing) | |
| Regulation 30 (notice of hearing) | |
| Regulation 31 (hearing of applications and objections) | |
| Regulation 32 (registration appeals) | |
| Regulation 36 (notices in connection with registration) | Omit paragraph (1). |
| Regulation 38 (separate part of register for each parliamentary polling district) | |
| Regulation 39 (different letter for each parliamentary polling district) | |
| Regulation 40 (qualifying addresses which are not included in the register) |
Omit paragraph (1)(b). Omit paragraph (2)(a). |
| Regulation 41 (order of names) | |
| THE REPRESENTATION OF THE PEOPLE (SCOTLAND) REGULATIONS 2001 | |
| Regulation 3 (interpretation) | |
| Regulation 5 (communication of applications, notices, etc.) | |
| Regulation 6 (electronic signatures and related certificates) | |
| Regulation 7 (copies of documents) | |
| Regulation 8 (time) | |
| Regulation 11 (interference with notices etc.) | |
| Regulation 24 (evidence as to age and nationality) | In paragraph (2) for sub-paragraphs (b) to (d) substitute "(b) evidence of his status as a national of a Member State or a statutory declaration as to that nationality.". |
| Regulation 27 (objections to registration) | |
| Regulation 28 (inspection of applications and objections) | |
| Regulation 29 (procedure for determining applications for registration and objections without a hearing) | |
| Regulation 30 (notice of hearing) | |
| Regulation 31 (hearing of applications and objections) | |
| Regulation 32 (registration appeals) | |
| Regulation 36 (notices in connection with registration) | Omit paragraph (1). |
| Regulation 38 (separate part of register for each parliamentary polling district) | |
| Regulation 39 (different letter, number or combination of letter and number for each parliamentary polling district) | |
| Regulation 40 (qualifying addresses which are not included in the register) |
Omit paragraph (1)(b). Omit paragraph (2)(a). |
| Regulation 41 (order of names) | |
| THE REPRESENTATION OF THE PEOPLE (NORTHERN IRELAND) REGULATIONS 2001 | |
| Regulation 3 (interpretation) | |
| Regulation 5 (communication of applications, notices, etc.) | |
| Regulation 6 (electronic signatures and related certificates) | |
| Regulation 7 (copies of documents) | |
| Regulation 8 (time) | |
| Regulation 11 (interference with notices etc.) | |
| Regulation 24 (evidence as to age and nationality) | In paragraph (2) for sub-paragraphs (b) to (d) substitute "(b) evidence of his status as a national of a Member State or a statutory declaration as to that nationality.". |
| Regulation 27 (objections to registration) | |
| Regulation 28 (inspection of applications and objections) | |
| Regulation 29 (procedure for determining applications for registration and objections without a hearing) | |
| Regulation 30 (notice of hearing) | |
| Regulation 31 (hearing of applications and objections) | |
| Regulation 32 (registration appeals) | |
| Regulation 36 (notices in connection with registration) | Omit paragraph (1). |
| Regulation 38 (separate part of register for each parliamentary polling district) | |
| Regulation 39 (different letter for each parliamentary polling district) | |
| Regulation 40 (qualifying addresses which are not included in the register) |
Omit paragraph (1)(b). Omit paragraph (2)(a). |
| Regulation 41 (order of names) | |
[4] The reference to the Treaty is to it as renumbered in accordance with the Treaty of Amsterdam.back
[7] Section 8 was amended by Schedule 16 to the Local Government (Wales) Act 1994 (c. 19) and by Schedule 13 to the Local Government etc. (Scotland) Act 1994 (c. 39).back
[9] 1985 c. 50; section 3 was substituted by Schedule 2 to the Representation of the People Act 2000 (c. 2).back
[10] 1978 c. 10; the regulations are currently S.I. 1999/1214 as respects Great Britain and S.I. 1986/2250 as respects Northern Ireland.back
[14] 1978 c. 10; section 3C was substituted by section 1 of the European Parliamentary Elections 1999 (c. 1).back
[16] Section 5 was substituted by section 3 of the Representation of the People Act 2000 (c. 2) ("the 2000 Act").back
[17] Section 6 was amended by Schedule 1 to the 2000 Act.back
[18] Section 7 was substituted by section 4 of the 2000 Act.back
[19] Section 7A was inserted by section 5 of the 2000 Act.back
[20] Sections 7B and 7C were inserted by section 6 of the 2000 Act.back
[21] Section 9 was substituted by Schedule 1 to the 2000 Act.back
[22] Sections 13 to 13B were substituted by Schedule 1 to the 2000 Act.back
[23] Section 52 was amended by Schedule 4 to the Representation of the People Act 1985 (c. 50) ("the 1985 Act"), Schedule 16 to the Local Government (Wales) Act 1994 (c. 19), Schedule 13 to the Local Government etc. (Scotland) Act 1994 (c. 39) and Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (c. 41).back
[24] Section 54 was amended by Schedule 4 to the 1985 Act.back
[25] Section 56 was amended by Schedule 4 to the 1985 Act and Schedule 1 to the 2000 Act.back
[26] Section 58 was substituted by Schedule 1 to the 2000 Act.back
[27] Section 62(1) was substituted by Schedule 1 to the 2000 Act.back
[28] Section 63 was substituted by Schedule 4 to the 1985 Act.back
[29] The definition of "citizen of the Union" was inserted by S.I. 1995/1948 and the definitions of "dwelling" and "qualifying address" were inserted by Schedule 1 to the 2000 Act.back