Explanatory Notes

European Parliamentary Elections Act 1999

1999 CHAPTER 1

14 January 1999

Introduction

1.These explanatory notes relate to the European Parliamentary Elections Act, which received Royal Assent on 14 January 1999. They have been prepared by the Home Office in order to assist the reader of the Act. They do not form part of the Act and have not been endorsed by Parliament.

2.The notes need to be read in conjunction with the Act. They are not, and are not meant to be, a comprehensive description of the Act. So where a section or part of a section does not seem to require any explanation or comment, none is given.

Background

3.The European Parliament has 626 members elected from the 15 member States. The number of members that each member State returns is determined by its population. The UK returns 87 members.

4.Elections to the European Parliament are held every five years. In the UK, the next European Parliamentary elections will be on 10 June 1999. In other member States the elections will take place on 13 June 1999.

Summary

5.Since the first direct elections to the European Parliament in 1979, British voters have elected MEPs using the first-past-the-post system. The Act enables the 1999 and subsequent European Parliamentary elections in Great Britain to be conducted using a regional list electoral system. This system is designed to ensure that in each region parties will win a share of the seats which is broadly proportional to their share of the vote in that region.

6.The new system does not apply to Northern Ireland, which will continue to elect its three MEPs using the single transferable vote system.

The regional list system

7.Under the regional list system, Great Britain will be divided into eleven regions, each returning between four and eleven MEPs.

8.Scotland and Wales will each constitute a single region and will return eight and five MEPs respectively.

9.England will be divided into nine regions. These will be the same regions as are already used by the Government Offices for the Regions, with the exception of Merseyside, which will be combined with the Northwest region. The table below shows the geographical composition of the nine English regions, their electorates and the number of MEPs to be returned by each.

REGIONGEOGRAPHICAL AREAELECTORATE February 1998NO.OF MEPS
East MidlandsDerbyshire, Leicestershire, Lincolnshire, Northamptonshire, Nottinghamshire3,178,6556
EasternBedfordshire, Cambridgeshire, Essex, Hertfordshire, Norfolk, Suffolk4,033,8488
LondonLondon boroughs, the City of London4,964,86210
North Eastformer county of Cleveland, Durham, Northumbria, former county of Tyne & Wear1,977,1174
North WestCheshire, Cumbria, boroughs within Greater Manchester, Lancashire, former Metropolitan county of Merseyside5,208,77510
South EastBerkshire, Buckinghamshire, East Sussex, Hampshire, Isle of Wight, Kent, Oxfordshire, Surrey, West Sussex5,987,40711
South Westformer county of Avon, Cornwall, Devon, Dorset, Gloucestershire, Scilly Isles, Somerset, Wiltshire3,758,4817
West MidlandsHereford and Worcester, Shropshire, Staffordshire, Warwickshire, former Metropolitan county of West Midlands4,036,5958

Yorkshire &

The Humber

former counties of Humberside, North Yorkshire, South Yorkshire, West Yorkshire3,807,9977

How the Regional List System works

10.Political parties will put forward lists of candidates in their preferred order. Once published by the returning officer, this order cannot be changed. Individual independent candidates will also be able to stand. Voters may cast only one vote. They can vote either for a party list (which will show the names of all the party’s candidates) or for an individual candidate. On completion of the poll, votes for each individual candidate and each party are counted and the seats are allocated as follows.

11.At all stages:

Worked Example

12.The following example shows how the seats would be allocated in a seven-member region. Three parties, A, B and C, put forward party lists and one independent stands as an individual candidate. One million votes are cast, 380,000 for Party A, 300,000 for Party B, 180,000 for Party C and 140,000 for the individual candidate.

Calculation

13.The final result is that the seven seats are allocated as follows.

  • Party A (total)

380,000 votes → 3 seats
  • Party B (total)

300,000 votes → 2 seats
  • Party C (total)

180,000 votes → 1 seat
  • Individual candidate

140,000 votes → 1 seat

Commentary on Sections

The enactment formula

14.The enactment formula reflects the fact that this Act was passed using the Parliament Act procedure.

Section 1: Number of MEPs, electoral regions and electoral system

15.This section deals with the number of Members of the European Parliament (MEPs), the electoral regions, the system of election, the franchise and the date of general elections. It replaces sections 1 to 3 of the European Parliamentary Elections Act 1978 (which was enacted as the European Assembly Elections Act but the title of which was changed by the European Communities (Amendment) Act 1986).

16.Replacement section 1 explains that the Act (as now amended) makes provision for the election in the United Kingdom of Members of the European Parliament (MEPs).

17.Replacement section 2 creates 12 European Parliamentary electoral regions in the United Kingdom ⎯ one in each of Scotland, Wales and Northern Ireland and nine in England. It gives the number of MEPs that each electoral region returns. The total number of United Kingdom MEPs (87) and their distribution among England (71), Scotland (8), Wales (5) and Northern Ireland (3) remains as before.

18.Subsection 2(5) adds a new Schedule 2 into the 1978 Act (contained in Schedule 1 of the present Act) which sets out the composition of the electoral regions in England and the number of MEPs to be returned by each.

19.Replacement section 3 describes the electoral system to be used in Great Britain for elections to the European Parliament. It provides that

Replacement section 3 also:

20.Replacement section 3A replicates paragraph 2(2) of the existing Schedule 1 to the European Parliamentary Elections Act 1978. Northern Ireland will continue to elect its MEPs using the single transferable vote.

21.Replacement section 3B introduces Schedule 1 to the 1978 Act, thereby replacing the original section 3 of that Act. This Schedule deals with supplementary matters relating to the holding of elections, filling of vacancies and disqualification.

22.Replacement section 3C replicates, with some minor adjustments, the rules for the franchise for elections to the European Parliament set out in the European Parliamentary Elections Act 1978. As before, those entitled to vote are:

Replacement section 3C also

23.Replacement section 3D replicates the effect of paragraph 3(1) and (5) of the 1978 Act. It provides that the date of European Parliamentary general elections will be set out in an order made by the Secretary of State which is to be laid before Parliament after being made.

Section 2: Electoral regions in England

24.This section replaces Schedule 2 of the European Parliamentary Elections Act 1978 with the provisions in Schedule 1 to this Act (see below). Schedule 2 of the 1978 Act dealt with the role of the Boundary Commissions in putting forward proposals for European Parliamentary constituencies and is redundant as a consequence of the present Act.

Section 3: Amendments and repeals

25.This section introduces Schedules 2, 3 and 4 (see below).

Section 4: Expenses

26.This section provides for the costs of European Parliamentary elections to be met, as in the past, from the Consolidated Fund. It also provides for the Consolidated Fund to meet the costs of introducing the new electoral system. There will be one-off costs associated with training those responsible for the conduct of elections in how the new system will operate. Thereafter, it should not be any more expensive to conduct elections to the European Parliament in Britain using the new system. And in the longer term there will be savings as the Parliamentary Boundary Commissions for England, Scotland and Wales will no longer be required to conduct reviews of European Parliamentary constituency boundaries.

Section 5: Commencement

27.This section provides for the Act to come into force on a day to be specified by the Secretary of State in a statutory instrument which may specify different dates for commencement of different parts of the Act. It also allows the order to contain transitional provisions and savings.

Schedule 1: New Schedule 2 to the European Parliamentary Elections Act 1978

28.This Schedule replaces the existing Schedule 2 to the European Parliamentary Elections Act 1978. It deals with electoral regions.

29.Paragraph 1 provides that the electoral regions in England will be those set out in the table at the end of the Schedule. Paragraph 3 provides that the number of MEPs elected for each English region is the number set out in the table at the end of the Schedule.

30.Paragraph 2 provides that references in the table to local government areas mean the local government area as it currently exists. Paragraph 2(2) delays the effect of the changes until the next general election of MEPs.

31.Paragraph 4 relates to changes in the number of MEPs elected in each region.

Schedule 2: Minor and Consequential Amendments of Schedule 1 to the European Parliamentary Elections Act 1978

32.This Schedule amends the existing Schedule 1 to the European Parliamentary Elections Act 1978.

33.Paragraph 2 replaces the existing title of Schedule 1 to the European Parliamentary Elections Act 1978 with the new title "System of Elections &c”.

34.Paragraph 3 removes paragraph 1 of Schedule 1 to the 1978 Act.

35.Paragraph 4 removes paragraphs 2(1) and (2) of Schedule 1 to the 1978 Act, as substituted by section 1 of the present Act and Schedule 1 to that Act respectively.

36.Paragraph 5 removes the reference to the registration of electors and limitations of candidates' expenses in paragraph 2(3)(a) of Schedule 1 to the European Parliamentary Elections Act 1978 (which deals with the power of the Secretary of State to make regulations). Limitation of candidates' expenses (and parties' expenses) is henceforth dealt with by the new paragraph 2(3A) inserted by paragraph 6 of this Schedule. The reference to registration of electors included in the 1978 Act has never been used and is not needed.

37.Paragraph 6 inserts two new sub-paragraphs into paragraph 2 of Schedule 1 to the 1978 Act.

38.New sub-paragraph (3B) requires regulations made under paragraph 3 to allow registered political parties to be nominated for an election in electoral regions in Great Britain. Such nominations should be accompanied by a list of candidates containing no more names than there are seats to be filled in the region.

39.Paragraph 7 removes paragraph 2(4)(c) of Schedule 1 to the 1978 Act which permitted regulations to be made to amend provisions relating to the registration of Parliamentary and local government electors. This power in the 1978 Act has never been used and is not needed.

40.Paragraph 8 replaces paragraph 3 of Schedule 1 to the 1978 Act which dealt with the timing of general elections and by-elections to the European Parliament and with the circumstances in which a by-election is to be held.

41.The timing of general elections is now covered by new section 3D of the 1978 Act inserted by section 1 of the present Act. Paragraph 8 creates a new paragraph 3 in Schedule 1 of the 1978 Act to deal with vacancies. It provides that regulations made by virtue of paragraph 2 of Schedule 1 to the European Parliamentary Elections Act 1978:

42.It is the Government's intention that when a seat becomes vacant as the result of the death or resignation of a candidate originally elected on a party list, it should be filled by drawing the next eligible and willing person from that list. Where the list has been exhausted or where the vacancy arises as a result of the death or resignation of an individual candidate, a by-election will be held.

43.New paragraph 3(3) provides that where the regulations provide for a by-election to be held, it will take place within the period specified in the regulations and on a day specified in an order made by the Secretary of State. However, the regulations may also allow the Secretary of State not to set a day for a by-election in certain circumstances ⎯ for example, if the next general European Parliamentary election is imminent.

44.New paragraph 3(4) provides that an order made by the Secretary of State setting a date for a by-election shall be laid before Parliament after it has been made.

45.Paragraph 9 replaces paragraph 4 of Schedule 1 to the European Parliamentary Elections Act 1978 (which dealt with returning officers and their staff). The new paragraph 4 provides that each electoral region will have a returning officer. He or she will be designated for the purpose by order of the Secretary of State in England, Scotland and Wales. In Northern Ireland the returning officer will be the Chief Electoral Officer.

46.Paragraph 10 updates paragraph 5 of Schedule 1 to the 1978 Act (which deals with disqualification from office). It replaces all the references to "representative to" the European Parliament with "Member of" the European Parliament and all references to European Parliamentary "constituencies" with references to "electoral regions".

47.It also replaces sub-paragraph (4) which deals with the position of those who are disqualified from serving as MEPs. If anyone returned as an MEP is subsequently disqualified either from being an MEP or from being an MEP for the region for which he has been returned, his return shall be void and the seat shall be vacant. This applies whether the MEP was returned at a general election or as the result of a casual vacancy.

48.Paragraph 11 amends paragraph 6 of Schedule 1 to the 1978 Act, which is concerned with judicial proceedings relating to the allegation that an MEP is legally disqualified from holding such an office. It:

49.Paragraph 11 also inserts two new sub-paragraphs in paragraph 6 of Schedule 1 to the 1978 Act. These enable the Secretary of State to make an order changing the maximum amount that must be lodged with the court for security when such a challenge is made. The orders are subject to the negative resolution procedure.

Schedule 3: Minor and consequential amendments

50.These amendments repeal passages in legislation which are subsumed or overtaken by the changes made by the present Act; or substitute new terminology for old (“MEP” for “representative to the European Parliament”; “electoral region” for “constituency”). The legislation amended is:

Schedule 4: Repeals and Revocations

The European Parliamentary Elections Act 1978

51.The following provisions of this Act are repealed.

The European Parliamentary Elections Act 1981

52.This Act deals with European Parliamentary constituency boundaries. It is no longer relevant since constituencies are to be replaced by electoral regions.

The Representation Of The People Act 1985

53.Section 3(1) deals with the inclusion of British citizens overseas who are registered to vote in Parliamentary elections in the franchise for European Parliamentary Elections. It is superseded by the new Section 3C(2) of the 1978 Act inserted by section 1 of this Act.

The Parliamentary Constituencies Act 1986

54.Schedule 3, paragraph 5 of this 1986 Act amends Schedule 2 to the European Parliamentary Elections Act 1978. The whole of Schedule 2 to the 1978 Act is replaced by the Schedule set out in Schedule 1 to this Act.

The European Parliamentary Elections Act 1993

55.Section 1 deals with the number of representatives to the European Parliament. This is superseded by the provisions of the new section 2 of the 1978 Act inserted by section 1 of this Act.

56.Section 2 and the Schedule are concerned with European Parliamentary constituencies and are no longer relevant since constituencies are to be replaced by electoral regions.

The Local Government (Wales) Act 1994

57.Schedule 16, paragraph 54(1) amends paragraph 4 of Schedule 1 to the 1978 Act. This is replaced by the new paragraph 4 of Schedule 1 set out in paragraph 9 of Schedule 2 to this Act.

58.Schedule 16, paragraph 54(2) amends paragraph 5A of Schedule 2 to the 1978 Act. The whole of Schedule 2 to the 1978 Act is replaced by the Schedule set out in Schedule 1 to this Act.

The European Parliamentary Elections (Changes To The Franchise And Qualification Of Representatives) Regulations 1994

59.Regulation 4(3) deals with candidates' consent to nomination. It is being revoked because new arrangements will be needed to enable candidates standing on a party list to indicate their consent to nomination.

Passage through Parliament

60.The details of the Bill’s passage through Parliament were as follows.

1997-98 Session

1998-99 Session