The European Parliamentary Elections (Northern Ireland) Regulations 2004

PART 3N.I.Vacancies

[F1Interpretation of Part 3N.I.

76.—(1) In this Part of these Regulations, unless the context otherwise requires—

“Chief Electoral Officer” means the Chief Electoral Officer for Northern Ireland;

“previous MEP” in relation to a vacancy, means the person who was the MEP immediately before the vacancy arose;

“nominating officer” in relation to a registered party, means the person registered as its nominating officer under the 2000 Act in the Northern Ireland register (within the meaning of that Act);

“registered party” means a party registered under that Act in that register; and

“statement of candidates nominated” means the statement of candidates nominated published under rule 13 of the European Parliamentary elections rules.

(2) For the purposes of this Part an MEP (“P”)—

(a)stood as an independent when elected if the statement of candidates nominated for the purposes of the last election for P’s seat showed no description or the description “independent” in respect of P;

(b)stood in the name of a registered party when elected if that statement showed a description of the type mentioned in rule 5(2) of the European Parliamentary elections rules in respect of P;

(c)stood in the name of two or more registered parties when elected if that statement showed a description of the type mentioned in rule 5(4) of the European Parliamentary elections rules in respect of P.

(3) If P is an MEP by virtue of being returned to fill a vacant seat in accordance with this Part, a reference in paragraph (2) to the description in respect of P is a reference to the description in respect of the last MEP returned to fill that seat at an election.

(4) A reference in this Part to a person being disqualified for the office of MEP is a reference to a person being disqualified within the meaning of section 10 of the 2002 Act.

Computation of time for purposes of Part 3N.I.

76A.  Regulation 33 applies in computing any period of time for the purposes of this Part of these Regulations as it applies for the purposes of Part 2 of these Regulations.

Initial response to vacancyN.I.

76B.—(1) As soon as practicable after the Secretary of State has—

(a)received information of a vacancy in the seat of an MEP in the Northern Ireland electoral region from the President of the European Parliament under the Act annexed to Council Decision 76/787, or

(b)informed the European Parliament under that Act that such a vacancy exists,

the Secretary of State must send a notice in accordance with paragraph (2) to the Chief Electoral Officer.

(2) The notice must state the name of the previous MEP and that a vacancy exists.

(3) On receipt of the notice, the Chief Electoral Officer must determine, by reference to the statement of candidates nominated for the purposes of the last election to the seat, whether the previous MEP stood—

(a)in the name of a registered party when elected,

(b)in the name of two or more registered parties when elected, or

(c)as an independent when elected.

(4) Paragraph (1) does not apply where the event referred to in sub-paragraph (a) or (b) of that paragraph occurred less than six months before the Thursday of the period of the next general election of MEPs.

(5) That period is the one during which the next general election would take place in accordance with Article 10(2) of the Act annexed to Council Decision 76/787.

MEP stood for registered party: filling vacant seatN.I.

76C.—(1) This regulation applies if—

(a)the Chief Electoral Officer receives notice of a vacancy in the seat of an MEP from the Secretary of State under regulation 76B(1), and

(b)the Chief Electoral Officer determines the previous MEP stood in the name of a registered party when elected.

(2) As soon as practicable after receiving the notice of the vacancy, the Chief Electoral Officer must ask the nominating officer of that registered party to nominate in writing, within 28 days from the date of the Chief Electoral Officer’s request, a person (“P”) to fill the vacant seat and be returned as an MEP in the name of the registered party.

(3) The nomination must be made and signed by the nominating officer of the registered party and must specify a person who is not disqualified for the office of MEP to fill the vacant seat.

(4) The nomination must be accompanied by a declaration that is signed and dated by P and that—

(a)states P’s date of birth;

(b)gives P’s consent to being returned as an MEP in the name of the registered party;

(c)confirms that P is aware of the provisions of section 10 of the 2002 Act; and

(d)declares that, to the best of P’s knowledge and belief, P is not disqualified for the office of MEP.

(5) If the nominating officer responds to the Chief Electoral Officer’s request in accordance with paragraphs (2) to (4) the Chief Electoral Officer must, without delay—

(a)declare P to be returned to fill the vacant seat; and

(b)notify P’s name to the Secretary of State.

(6) If the nominating officer does not respond to the Chief Electoral Officer’s request in accordance with paragraphs (2) to (4) the Chief Electoral Officer must notify the Secretary of State that this is the case and regulation 76H (by-elections) applies.

(7) This regulation is subject to regulations 76E (party or parties no longer registered) and 76I (relevant citizens of the Union).

MEP stood for two or more registered parties: filling vacant seatN.I.

76D.—(1) This regulation applies if—

(a)the Chief Electoral Officer receives notice of a vacancy in the seat of an MEP from the Secretary of State under regulation 76B(1), and

(b)the Chief Electoral Officer determines the previous MEP stood in the name of two or more registered parties when elected.

(2) As soon as practicable after receiving the notice of the vacancy the Chief Electoral Officer must ask the nominating officers of each of those registered parties jointly to nominate in writing, within 28 days from the date of the Chief Electoral Officer’s request, a person (“P”) to fill the vacant seat and be returned as an MEP in the names of both or all of the registered parties.

(3) The joint nomination must be made and signed by the nominating officers of both or all of the registered parties and must specify a person who is not disqualified for the office of MEP to fill the vacant seat.

(4) The joint nomination must be accompanied by a declaration that is signed and dated by P and that—

(a)states P’s date of birth;

(b)gives P’s consent to being returned as an MEP in the names of the registered parties;

(c)confirms that P is aware of the provisions of section 10 of the 2002 Act; and

(d)declares that, to the best of P’s knowledge and belief, P is not disqualified for the office of MEP.

(5) If the nominating officers respond to the Chief Electoral Officer’s request in accordance with paragraphs (2) to (4) the Chief Electoral Officer must, without delay—

(a)declare P to be returned to fill the vacant seat; and

(b)notify P’s name to the Secretary of State.

(6) If the nominating officers do not respond to the Chief Electoral Officer’s request in accordance with paragraphs (2) to (4), the Chief Electoral Officer must notify the Secretary of State that this is the case and regulation 76H (by-elections) applies.

(7) This regulation is subject to regulations 76E (party or parties no longer registered) and 76I (relevant citizens of the Union).

Party or parties no longer registeredN.I.

76E.—(1) This regulation applies if—

(a)the Chief Electoral Officer receives notice of a vacancy in the seat of an MEP from the Secretary of State under regulation 76B(1),

(b)the Chief Electoral Officer determines the previous MEP stood in the name of a registered party or two or more registered parties when elected, and

(c)on the day on which the Chief Electoral Officer receives the notice of the vacancy, the party or (as the case may be) one of the parties is no longer a registered party.

(2) The Chief Electoral Officer must notify the Secretary of State that this is the case and regulation 76H (by-elections) applies.

Independent MEP: notice of substitutesN.I.

76F.—(1) An MEP who stood as an independent when elected may give to the Chief Electoral Officer a notice in accordance with paragraph (2) (in these Regulations referred to as a “notice of substitutes”).

(2) That notice must—

(a)be dated;

(b)be signed by the MEP;

(c)set out the names, addresses and dates of birth of not more than six persons for the purposes of filling any vacancy in the MEP’s seat and indicate, where more than one person is so named, an order of preference; and

(d)be signed by those persons, indicating their consent to be contacted in accordance with regulation 76G.

(3) Where an independent MEP has given the Chief Electoral Officer more than one notice of substitutes, the latest notice supersedes any earlier one.

Independent MEP: filling vacant seatN.I.

76G.—(1) The following provisions apply if—

(a)the Chief Electoral Officer receives notice of a vacancy in the seat of an MEP from the Secretary of State under regulation 76B(1),

(b)the Chief Electoral Officer determines the previous MEP stood as an independent when elected, and

(c)the previous MEP has given the Chief Electoral Officer a notice of substitutes.

(2) As soon as practicable after receiving the notice of the vacancy, the Chief Electoral Officer must take such steps as appear to the Chief Electoral Officer to be reasonable to contact the person who is named as the first choice in the notice of substitutes with the request mentioned in paragraph (3).

(3) That request is for the person to respond in writing in accordance with paragraph (4) within 14 days from the date of the Chief Electoral Officer’s request indicating whether the person is prepared to fill the vacant seat.

(4) If the person is prepared to fill the vacant seat, the response must—

(a)state the person’s date of birth;

(b)confirm that the person is aware of the provisions of section 10 of the 2002 Act;

(c)declare that to the best of the person’s knowledge and belief, the person is not disqualified for the office of MEP; and

(d)be signed and dated by the person.

(5) Paragraph (6) applies if—

(a)the Chief Electoral Officer has taken reasonable steps to contact a person named in the notice of substitutes but has been unable to do so,

(b)a person named in the notice of substitutes fails to respond to the Chief Electoral Officer’s request in accordance with paragraphs (3) and (4), or

(c)a person named in the notice of substitutes responds to the Chief Electoral Officer’s request to indicate that the person is not prepared to fill the vacant seat.

(6) If this paragraph applies—

(a)the person is not returned to fill the vacant seat, and

(b)the Chief Electoral Officer must repeat the procedure in paragraph (2) in respect of each subsequent person (if any) who is named in the notice of substitutes until the vacant seat is filled or the names in the notice are exhausted.

(7) If a person responds to the Chief Electoral Officer’s request in accordance with paragraphs (3) and (4) indicating that the person is prepared to fill the vacant seat the Chief Electoral Officer must, without delay—

(a)declare that person to be returned to fill the vacant seat; and

(b)notify the person’s name to the Secretary of State.

(8) If the Chief Electoral Officer is unable to fill the vacant seat under this regulation, the Chief Electoral Officer must notify the Secretary of State that this is the case and regulation 76H (by-elections) applies.

(9) If—

(a)the Chief Electoral Officer receives notice of a vacancy in the seat of an MEP from the Secretary of State under regulation 76B(1),

(b)the Chief Electoral Officer determines the previous MEP stood as an independent when elected, and

(c)the previous MEP has not given the Chief Electoral Officer a notice of substitutes,

the Chief Electoral Officer must notify the Secretary of State that this is the case and regulation 76H (by-elections) applies.

(10) This regulation is subject to regulation 76I (relevant citizens of the Union).]

[F1By-electionsN.I.

76H.—(1) Subject to paragraph (3), where the Secretary of State has received a notice from the Chief Electoral Officer under regulation 76C(6), 76D(6), 76E(2), 76G(8) or (9), or [F276I(8)(b)] a by-election must be held to fill that vacancy.

(2) The period within which the poll at any by-election which is required to be held under paragraph (1) must take place is six months from the date on which the Secretary of State receives the notice referred to in that paragraph.

(3) Where the latest date for the poll for a by-election would fall on or after the Thursday of the period of the next general election of MEPs (within the meaning of regulation 76B(5)) a by-election shall not be held.]

[F3Relevant citizens of the UnionN.I.

76I.—(1) This regulation applies where the person nominated in accordance with regulation 76C(2) or 76D(2), or the person contacted in accordance with regulation 76G(2), (as the case may be, “P”) is a relevant citizen of the Union.

(2) The declaration required under regulation 76C(4) or 76D(4) or, as the case may be, the response provided under regulation 76G(4), must be accompanied by a declaration under paragraph (3).

(3) The declaration must be made by P and must state, in addition to P’s name—

(a)P’s nationality, date and place of birth, last address in the member State of which P is a national and home address in the United Kingdom;

(b)that P is not standing as a candidate for election to the European Parliament in any other member State;

(c)where P’s name has been entered on an electoral roll in a locality or constituency in the member State of which P is a national, the name of the locality or constituency where, so far as P knows, P’s name was last entered; and

(d)that P has not been deprived of the right to stand as a candidate through a relevant disqualifying decision in the member State of which P is a national.

(4) Where the Chief Electoral Officer receives a declaration made under paragraph (3)—

(a)the Chief Electoral Officer must send a copy to the Secretary of State as soon as practicable after the declaration is received;

(b)regulation 76C(5), 76D(5) or 76G(7), as the case may be, applies as if for “without delay” there were substituted “as soon as practicable after the expiry of the relevant period under regulation 76I”.

(5) Where the Secretary of State has received a copy of a declaration in accordance with paragraph (4)(a), the Secretary of State must send a notice to the designated contact point in the member State of which P is a national.

(6) The notice referred to in paragraph (5)—

(a)must notify the member State of the declaration made by P under paragraph (3);

(b)must ask whether P has been deprived of the right to stand as a candidate through a relevant disqualifying decision in that member State; and

(c)may request a response by a specified date.

(7) The Secretary of State must send to the Chief Electoral Officer a copy of any response to the notice as soon as practicable after the response is received.

(8) If, during the relevant period, the Chief Electoral Officer receives information under paragraph (7) that P has been deprived of the right to stand as a candidate through a relevant disqualifying decision in the member State of which P is a national—

(a)regulation 76C(5), 76D(5) or 76G(7), as the case may be, does not apply;

(b)the Chief Electoral Officer must notify the Secretary of State that this is the case; and

(c)regulation 76H (by-elections) applies.

(9) In this regulation—

“electoral roll” and “locality or constituency” have the same meaning as they have in Council Directive 93/109/EC, and “designated contact point” means a contact point designated by a Member State in accordance with Article 6(3) of that Directive.

“relevant period” means the period of six days calculated in accordance with rule 2 of Schedule 1 and beginning with the day P’s declaration was sent to the Secretary of State under paragraph (4)(a).]