The European Parliamentary Elections (Northern Ireland) Regulations 2004

[F1 Interpretation of rules 53 to 63 N.I.

52.   In rules 53 to 63—

“continuing candidate” means any candidate not deemed to be elected and not excluded [F2 under rule 55 or 59];

“count” means all the operations involved in the counting of the first preferences recorded for candidates, the transfer of the surpluses of elected candidates, and the transfer of the votes of [F3 candidates excluded under rule 55 or 59];

“deemed to be elected” means deemed to be elected for the purposes of counting the votes but without prejudice to the declaration of the result of the poll;

[F4 “ineligible candidate” means a candidate in relation to whom the returning officer has, since the publication of the statement of candidates nominated, received—

(a)

where the candidate is a relevant citizen of the Union, information under rule 7A(4) 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; or

(b)

a notice of withdrawal under rule 12.]

“mark” means a figure, a word written in the English language or a mark such as “X”;

“non-transferable vote” means a ballot paper—

(a)

on which no second or subsequent preference is recorded for a continuing candidate, or

(b)

which is excluded by the returning officer under rule 59(4);

“preference” as used in the following contexts has the meaning assigned below—

(a)

“first preference” means the figure “1” or any mark which clearly indicates a first (or only) preference;

(b)

“next available preference” means a preference which is the second or, as the case may be, subsequent preference recorded in consecutive order for a continuing candidate (any candidate who is deemed to be elected or is excluded [F5 under rule 55 or 59] being ignored); and

(c)

in this context “second preference” is shown by the figure “2” or any mark which clearly indicates a second preference, a third preference by the figure “3” or any mark which clearly indicates a third preference, and so on;

“quota” means the number calculated in accordance with rule 56;

“stage of the count” means—

(a)

the determination of the first preference vote for each candidate; or

(b)

the transfer of a surplus of a candidate deemed to be elected; or

(c)

the exclusion of one or more candidates at any given time;

“surplus” means the number of votes by which the total number of votes for any candidate (whether first preference or transferred votes, or a combination of both) exceeds the quota; but references in these rules to the transfer of the surplus mean the transfer (at a transfer value) of all transferable papers from the candidate who has the surplus;

“transferable paper” means a ballot paper on which, following a first preference, a second preference or subsequent preference is recorded in consecutive numerical order for a continuing candidate;

“transferred vote” means a vote derived from a ballot paper on which a second or subsequent preference is recorded for the candidate to whom that paper has been transferred;

“transfer value” means the value of a transferred vote calculated in accordance with paragraph (4) or (7) of rule 57.]

Textual Amendments

F1 Sch. 1 substituted (27.3.2009) by The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2009 (S.I. 2009/813), regs. 1(2), 38, Sch. 1

F2 Words in Sch. 1 rule 52 inserted (1.1.2014) by The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2013 (S.I. 2013/2893), regs. 1(2), 12(2) (with reg. 1(3))

F3 Words in Sch. 1 rule 52 substituted (1.1.2014) by The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2013 (S.I. 2013/2893), regs. 1(2), 12(3) (with reg. 1(3))

F4 Words in Sch. 1 rule 52 inserted (1.1.2014) by The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2013 (S.I. 2013/2893), regs. 1(2), 12(4) (with reg. 1(3))

F5 Words in Sch. 1 rule 52 inserted (1.1.2014) by The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2013 (S.I. 2013/2893), regs. 1(2), 12(5) (with reg. 1(3))