The European Parliamentary Elections Regulations 2004

[F1Decisions as to validity of nomination papersE+W+S

13.—(1) Where, in the case of an individual candidate, a nomination paper and the candidate’s consent to it (and, where required, [F2a declaration under rule 9(4) or, as the case may be, a declaration under rule 9(4) and information under rule 9(5)]) are delivered and a deposit is made in accordance with these rules, the candidate must be deemed to stand nominated unless and until—

(a)the returning officer decides that the nomination paper is invalid; or

(b)proof is given to the returning officer’s satisfaction of the candidate’s death; or

(c)the candidate withdraws.

(2) Where, in the case of a registered party, a nomination paper and list under rule 7 are delivered and a deposit is made in accordance with these rules, the party and (subject to paragraph (5)) the candidates on its list must be deemed to stand nominated unless and until the returning officer determines that the nomination paper or list is invalid.

(3) The returning officer is entitled to hold a nomination paper of an individual candidate invalid only on one of the following grounds—

(a)that the particulars of the candidate are not as required by law;

(b)that the candidate is disqualified by the Representation of the People Act 1981 (which applies in respect of the office of MEP by virtue of section 10(1)(a) of the 2002 Act) or any corresponding provision in respect of detained offenders in Gibraltar made under section 10(4A) of the 2002 Act;

[F3(c)the candidate is a relevant citizen of the Union and the returning officer has received, under rule 9A(4), information that the candidate has been deprived of the right to stand as a candidate through a relevant disqualifying decision in the Member State of which the candidate is a national.]

(4) The returning officer is entitled to hold a nomination paper of a registered party, together with the list of candidates accompanying it, invalid only on one of the following grounds—

(a)that the contents of the nomination paper are not as required by law; and

(b)that the number of candidates in the list breaches rule 7(1).

(5) Where—

(a)the particulars of any candidate in the list of candidates accompanying the nomination paper of a registered party are not as required by law;

(b)the consent to nomination of any such candidate is not delivered in accordance with these rules; F4...

(c)any such candidate is a relevant citizen of the Union and [F5neither Condition A nor Condition B in rule 9 has been met in relation to that candidate][F6; or

(d)any such candidate is a relevant citizen of the Union and the returning officer has received, under rule 9A(4), information that the candidate has been deprived of the right to stand as a candidate through a relevant disqualifying decision in the Member State of which the candidate is a national,]

the returning officer must delete the name and address of that candidate from the list.

(6) The returning officer must give his decision on any objection to a nomination paper—

(a)as soon as practicable after it is made; and

(b)in any event, before the end of the period of 24 hours starting with the close of the

period for delivery of nomination papers set out in the Timetable in rule 1.

(7) If, in the returning officer’s opinion a nomination paper breaches rule 5(2) or (4), he must give a decision to that effect—

(a)as soon as practicable after the delivery of the nomination paper; and

(b)in any event, before the end of the period of 24 hours starting with the close of the period for delivery of nomination papers set out in the Timetable in rule 1.

(8) Where the returning officer decides that a nomination paper is invalid, he must endorse on the paper the fact and the reasons for his decision and sign the paper.

(9) Where the returning officer deletes any name from the list of candidates of a registered party, he must endorse on the nomination paper the fact and the reasons for his decision to do so and sign the paper.

(10) The returning officer’s decision that a nomination paper and, where applicable, its accompanying list, is valid is final and may not be questioned in any proceedings whatsoever.

(11) Subject to paragraph (10), nothing in this rule prevents the validity of a nomination being questioned on an election petition.]