The European Parliamentary Elections Regulations 2004

PART 3 E+W+S VACANCIES

[F1 Interpretation of Part 3 and computation of time E+W+S

81A.— (1) In this Part of these Regulations—

“candidate” is to be construed in accordance with regulation 31(2);

“notice of substitutes” has the meaning given in regulation 83D(2);

“statement of parties and individual candidates nominated”, in relation to an election or by-election, means the statement published under rule 15 of the European Parliamentary elections rules.

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

(a) was elected to the seat for a registered party at a general election of MEPs if M filled the seat from a registered party’s list at the most recent general election of MEPs and was declared to be elected at that election under Part 4 of the European Parliamentary Elections Rules;

(b) was returned in the seat from a registered party’s list if M was returned in the seat under regulation 83;

(c) stood as an independent candidate when elected if the statement of parties and individual candidates nominated showed no description in respect of M or, if it did use a description in respect of M, used the word “Independent”;

(d) was returned in the seat as a substitute if M was returned as an MEP in the seat under regulation 83E(6) (vacant seat filled from notice of substitutes);

(e) stood on behalf of a registered party when elected at a by-election if the statement of parties and individual candidates nominated showed M as standing on behalf of a registered party;

(f) stood on behalf of two or more registered parties when elected at a by-election if the statement of parties and individual candidates nominated showed a description which complies with rule 5(4) of the European Parliamentary elections rules in respect of M;

(g) was nominated to the seat if M was returned as an MEP in the seat for a registered party by nomination under regulation 83A(5) (vacant seat filled by nomination);

(h) was jointly nominated to the seat if M was returned as an MEP in the seat on behalf of two or more registered parties by joint nomination under regulation 83B(5) (vacant seat filled by joint nomination).

(3) Regulation 32 (computation of time) applies to this Part as it applies to Part 2.

(4) The period of the next general election of MEPs is that during which the next general election would take place in accordance with the Act annexed to Council Decision 76/787.]

Textual Amendments

F1 Reg. 81A inserted (with effect in accordance with reg. 1(4) of the amending S.I.) by The European Parliamentary Elections (Amendment) Regulations 2018 (S.I. 2018/106), regs. 1(2), 2(3)

Initial response to vacancies E+W+S

82.—(1) Subject to [F2 paragraph] (5), as soon as practicable after the Secretary of State has—

(a) received information of a vacancy in the seat of an MEP 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 a vacancy exists,

he shall send a notice in accordance with paragraph (4) to the returning officer for the electoral region in which the vacancy exists.

F3 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4 (4) The notice referred to in paragraph (1) must—

(a) state that a vacancy exists;

(b) set out the name of the previous MEP; and

(c) state that the previous MEP—

(i) was elected to the seat for a registered party at a general election of MEPs and set out the name of the registered party;

(ii) was returned in the seat from a registered party’s list and set out the name of the registered party;

(iii) stood on behalf of a registered party when elected to the seat at a by-election and set out the name of the registered party;

(iv) stood on behalf of two or more registered parties when elected to the seat at a by-election and set out the names of the registered parties;

(v) was nominated to the seat by a registered party and set out the name of the registered party;

(vi) was jointly nominated to the seat by two or more registered parties and set out the names of the registered parties;

(vii) stood as an independent candidate when elected to the seat; or

(viii) was returned in the seat as a substitute.]

(5) Paragraph (1) shall 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.

F5 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Word in reg. 82(1) substituted (with effect in accordance with reg. 1(4) of the amending S.I.) by The European Parliamentary Elections (Amendment) Regulations 2018 (S.I. 2018/106), regs. 1(2), 2(4)(a) (with reg. 4)

F3 Reg. 82(2)(3) omitted (with effect in accordance with reg. 1(4) of the amending S.I.) by virtue of The European Parliamentary Elections (Amendment) Regulations 2018 (S.I. 2018/106), regs. 1(2), 2(4)(b) (with reg. 5)

F4 Reg. 82(4) substituted (with effect in accordance with reg. 1(4) of the amending S.I.) by The European Parliamentary Elections (Amendment) Regulations 2018 (S.I. 2018/106), regs. 1(2), 2(4)(c) (with reg. 4)

F5 Reg. 82(6) omitted (with effect in accordance with reg. 1(4) of the amending S.I.) by virtue of The European Parliamentary Elections (Amendment) Regulations 2018 (S.I. 2018/106), regs. 1(2), 2(4)(d)

Filling of vacancies from a registered party’s list E+W+S

83.— [F6 (A1) This regulation applies where—

(a) a returning officer receives notice of a vacancy in the seat of an MEP from the Secretary of State under regulation 82(4); and

(b) the previous MEP—

(i) was elected to the seat for a registered party at a general election of MEPs; or

(ii) was returned in the seat from a registered party’s list.]

(1) On receipt of [F7 the notice], the returning officer shall ascertain from the list submitted by the registered party named in the notice (“the relevant list”) the name and address of the person whose name appears highest on that list (“the first choice”), disregarding the name of any person who has been returned as an MEP or who has died.

(2) The returning officer shall take such steps as appear to him to be reasonable to contact the first choice to ask whether he will—

(a) state in writing that he is willing and able to be returned as an MEP, and

(b) deliver a certificate signed by or on behalf of the nominating officer of the registered party which submitted the relevant list stating that he may be returned as that party’s MEP.

(3) Paragraph (4) applies where—

(a) within such period as the returning officer considers reasonable—

(i) he decides that the steps he has taken to contact the first choice have been unsuccessful, or

(ii) he has not received from the first choice the statement and certificate referred to in paragraph (2), or

(b) the first choice has—

(i) stated in writing that he is not willing or able to be returned as an MEP, or

(ii) failed to deliver the certificate referred to in paragraph (2)(b).

(4) In the circumstances set out in paragraph (3), the returning officer shall repeat the procedure required by paragraph (2) in respect of the person (if any) whose name and address appears next in the relevant list (“the second choice”) or, where paragraph (3)(a) or (b) applies in respect of that person, in respect of the person (if any) whose name and address appear next highest after the second choice in that list and the returning officer shall continue to repeat the procedure until the seat is filled or the names in the list exhausted [F8 (for cases where the returning officer is unable to fill the seat under this regulation, see regulation 83A (filling vacant seat by nomination))].

(5) Where a person whose name appears on the relevant list provides the statement and certificate referred to in paragraph (2), the returning officer shall (subject to paragraph (6)) declare in writing that person to be returned as an MEP.

(6) Where—

(a) the returning officer has, in accordance with paragraph (4), asked a second or other subsequent choice the questions in paragraph (2), and

(b) the person who was previously asked those questions then provides the statement and certificate referred to in paragraph (2),

that statement and certificate shall have no effect unless and until the circumstances described in sub-paragraph (a) or (b) of paragraph (3) apply in respect of the second or other subsequent choice.

(7) The returning officer shall give public notice of a declaration given under paragraph (5) and send a copy of it to the Secretary of State.

F9 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Reg. 83(A1) inserted (with effect in accordance with reg. 1(4) of the amending S.I.) by The European Parliamentary Elections (Amendment) Regulations 2018 (S.I. 2018/106), regs. 1(2), 2(5)(a)

F7 Words in reg. 83(1) substituted (with effect in accordance with reg. 1(4) of the amending S.I.) by The European Parliamentary Elections (Amendment) Regulations 2018 (S.I. 2018/106), regs. 1(2), 2(5)(b)

F8 Words in reg. 83(4) inserted (with effect in accordance with reg. 1(4) of the amending S.I.) by The European Parliamentary Elections (Amendment) Regulations 2018 (S.I. 2018/106), regs. 1(2), 2(5)(c)

F9 Reg. 83(8) omitted (with effect in accordance with reg. 1(4) of the amending S.I.) by virtue of The European Parliamentary Elections (Amendment) Regulations 2018 (S.I. 2018/106), regs. 1(2), 2(5)(d) (with reg. 3)

[F10 MEP stood for registered party: filling vacant seat by nomination E+W+S

83A.— (1) This regulation applies where—

(a) a returning officer is unable to fill a vacancy in the seat of an MEP from a registered party’s list under regulation 83; or

(b) a returning officer receives notice of a vacancy in the seat of an MEP from the Secretary of State under regulation 82(4) and the previous MEP—

(i) stood on behalf of a registered party when elected to the seat at a by-election; or

(ii) was nominated to the seat by a registered party.

(2) As soon as practicable after the circumstances described in paragraph (1)(a) or (b) occur, the returning officer must ask the nominating officer of the registered party to nominate a person to fill the vacant seat and be returned as an MEP for the registered party.

(3) A nomination made in response to the request in paragraph (2) (“the nomination”) must—

(a) be in writing;

(b) be made within 28 days beginning with the date of the returning officer’s request;

(c) specify a person (“P”) who is not disqualified for the office of MEP to fill the vacant seat; and

(d) be signed by the nominating officer of the registered party.

(4) The nomination must be accompanied by a declaration that—

(a) states P’s name and 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 (disqualification as an MEP);

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

(e) is signed and dated by P.

(5) If the nominating officer nominates a person in accordance with this regulation, the returning officer must without delay—

(a) declare in writing that P is to be returned as an MEP;

(b) give public notice of the declaration; and

(c) send a copy of the declaration to the Secretary of State.

(6) Where this regulation applies by virtue of paragraph (1)(a), the declaration under paragraph (5)(a) must state that it was not possible to fill the vacancy under regulation 83 (filling vacancy from a registered party’s list) and that instead the registered party has nominated P as an MEP.

(7) If the returning officer is unable to fill the seat under this regulation, the returning officer must notify the Secretary of State of that fact (and see regulation 84 (by-elections)).

(8) This regulation is subject to regulation 85A (relevant citizens of the Union).

Textual Amendments

F10 Regs. 83A-84 substituted for reg. 84 (with effect in accordance with reg. 1(4) of the amending S.I.) by The European Parliamentary Elections (Amendment) Regulations 2018 (S.I. 2018/106), regs. 1(2), 2(6) (with reg. 3)

MEP stood for two or more registered parties: filling vacant seat by nomination E+W+S

83B.— (1) This regulation applies where—

(a) a returning officer receives notice of a vacancy in the seat of an MEP from the Secretary of State under regulation 82(4); and

(b) the previous MEP—

(i) stood on behalf of two or more registered parties when elected to the seat at a by-election; or

(ii) was jointly nominated to the seat by two or more registered parties.

(2) As soon as practicable after receiving notice of the vacancy, the returning officer must ask the nominating officer of each registered party to jointly nominate a person to fill the vacant seat and be returned as an MEP on behalf of the registered parties.

(3) A joint nomination made in response to the request in paragraph (2) (“the joint nomination”) must—

(a) be in writing;

(b) be made within 28 days beginning with the date of the returning officer’s request;

(c) specify a person (“P”) who is not disqualified for the office of MEP to fill the vacant seat; and

(d) be signed by the nominating officer of each of the registered parties.

(4) The joint nomination must be accompanied by a declaration that—

(a) states P’s name and date of birth;

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

(c) confirms that P is aware of the provisions of section 10 of the 2002 Act (disqualification as an MEP);

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

(e) is signed and dated by P.

(5) If the nominating officers nominate a person in accordance with this regulation, the returning officer must without delay—

(a) declare in writing that P is to be returned as an MEP;

(b) give public notice of the declaration; and

(c) send a copy of the declaration to the Secretary of State.

(6) If the returning officer is unable to fill the seat under this regulation, the returning officer must notify the Secretary of State of that fact (and see regulation 84 (by-elections)).

(7) This regulation is subject to regulation 85A (relevant citizens of the Union).

Textual Amendments

F10 Regs. 83A-84 substituted for reg. 84 (with effect in accordance with reg. 1(4) of the amending S.I.) by The European Parliamentary Elections (Amendment) Regulations 2018 (S.I. 2018/106), regs. 1(2), 2(6) (with reg. 3)

Party no longer registered E+W+S

83C.— (1) This regulation applies where—

(a) a returning officer receives notice of a vacancy in the seat of an MEP from the Secretary of State under regulation 82(4);

(b) the previous MEP—

(i) was elected to the seat for a registered party at a general election of MEPs;

(ii) was returned in the seat from a registered party’s list;

(iii) stood on behalf of a registered party when elected to the seat at a by-election;

(iv) stood on behalf of two or more registered parties when elected to the seat at a by-election;

(v) was nominated to the seat by a registered party; or

(vi) was jointly nominated to the seat by two or more registered parties; and

(c) on the day that the returning officer receives the notice of vacancy, the party or, if the MEP stood on behalf of two or more parties when elected to the seat, or was nominated to the seat by two or more parties, at least one of those parties, is no longer a registered party.

(2) Where this regulation applies, the returning officer must notify the Secretary of State of that fact (and see regulation 84 (by-elections)).

Textual Amendments

F10 Regs. 83A-84 substituted for reg. 84 (with effect in accordance with reg. 1(4) of the amending S.I.) by The European Parliamentary Elections (Amendment) Regulations 2018 (S.I. 2018/106), regs. 1(2), 2(6) (with reg. 3)

Independent candidate MEP: notice of substitutes E+W+S

83D.— (1) An MEP who stood as an independent candidate when elected or who was returned in the seat as a substitute may give a notice of substitutes to the returning officer for the electoral region for which the MEP was elected.

(2) A “notice of substitutes” is a written notice which—

(a) sets out the names, addresses and dates of birth of not more than six persons who may fill a vacancy in the MEP’s seat;

(b) where more than one person is named on the notice, lists the persons in the order in which the MEP prefers them to be contacted under regulation 83E;

(c) is signed by all persons named in the notice, indicating their consent to be contacted in accordance with regulation 83E; and

(d) is signed and dated by the MEP.

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

Textual Amendments

F10 Regs. 83A-84 substituted for reg. 84 (with effect in accordance with reg. 1(4) of the amending S.I.) by The European Parliamentary Elections (Amendment) Regulations 2018 (S.I. 2018/106), regs. 1(2), 2(6) (with reg. 3)

Independent MEP: filling vacant seat, notice of substitutes E+W+S

83E.— (1) This regulation applies where—

(a) a returning officer receives notice of a vacancy in the seat of an MEP from the Secretary of State under regulation 82(4);

(b) the previous MEP stood as an independent candidate when elected to the seat or was returned in the seat as a substitute; and

(c) the previous MEP has given the returning officer a notice of substitutes.

(2) As soon as is practicable after receiving the notice of vacancy, the returning officer must take such steps as appear to him or her to be reasonable to contact the person (“P”) whose name appears highest on the notice of substitutes in accordance with paragraph (3).

(3) The returning officer must—

(a) request that P responds in writing within 14 days beginning with the date of the returning officer’s request indicating whether P is prepared to fill the vacant seat; and

(b) inform P that, if P wishes to fill the vacant seat, his or her response must comply with paragraph (4).

(4) If P is prepared to fill the vacant seat, P’s response to the request referred to in paragraph (3) must—

(a) confirm that P is prepared to fill the vacant seat;

(b) state P’s date of birth;

(c) confirm that P is aware of the provisions of section 10 of the 2002 Act (disqualification as an MEP);

(d) be accompanied by a declaration that, to the best of P’s knowledge and belief, P is not disqualified for the office of MEP; and

(e) be signed and dated by P.

(5) If—

(a) the returning officer has taken reasonable steps to contact a person named in the notice of substitutes, but has been unable to do so; or

(b) a person contacted by the returning officer under paragraph (2) fails to respond in accordance with paragraph (4),

the returning officer must repeat the procedure in paragraph (2) in relation to every other person listed on the notice of substitutes in the order in which their names are listed, until the vacant seat is filled or the names listed are exhausted.

(6) If a person prepared to fill the vacant seat responds to the returning officer in accordance with paragraph (4), the returning officer must without delay—

(a) declare that person to be returned as an MEP; and

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

(7) If the returning officer is unable to fill the vacant seat under this regulation, he or she must notify the Secretary of the State of that fact (and see regulation 84 (by-elections)).

(8) This regulation is subject to regulation 85A (relevant citizens of the Union).

Textual Amendments

F10 Regs. 83A-84 substituted for reg. 84 (with effect in accordance with reg. 1(4) of the amending S.I.) by The European Parliamentary Elections (Amendment) Regulations 2018 (S.I. 2018/106), regs. 1(2), 2(6) (with reg. 3)

Independent MEP: vacant seat, no notice of substitutes E+W+S

83F.   Where—

(a) a returning officer receives notice of a vacancy in the seat of an MEP from the Secretary of State under regulation 82(4);

(b) the previous MEP stood as an independent candidate when elected to the seat or was returned in the seat as a substitute; and

(c) the previous MEP has not given the returning officer a notice of substitutes,

the returning officer must notify the Secretary of State of that fact (and see regulation 84 (by-elections)).]

Textual Amendments

F10 Regs. 83A-84 substituted for reg. 84 (with effect in accordance with reg. 1(4) of the amending S.I.) by The European Parliamentary Elections (Amendment) Regulations 2018 (S.I. 2018/106), regs. 1(2), 2(6) (with reg. 3)

By-election to fill certain vacancies E+W+S

[F10 84.— (1) A by-election must be held to fill a vacant seat where the Secretary of State has received a notice from a returning officer under—

(a) regulation 83A(7) (failure to fill vacant seat by party nomination);

(b) regulation 83B(6) (failure to fill seat by joint nomination by two or more registered parties);

(c) regulation 83C(2) (party no longer registered);

(d) regulation 83E(7) (failure to fill vacant seat using notice of substitutes);

(e) regulation 83F (vacant seat of individual MEP but no notice of substitutes); or

(f) 85A(8) (nominated citizen of the Union deprived of the right to stand as a candidate through a relevant disqualifying decision in a Member State).

(2) The poll at a by-election under paragraph (1) must take place within six months beginning with the date on which the notification referred to in that paragraph is received by the Secretary of State.]

Textual Amendments

F10 Regs. 83A-84 substituted for reg. 84 (with effect in accordance with reg. 1(4) of the amending S.I.) by The European Parliamentary Elections (Amendment) Regulations 2018 (S.I. 2018/106), regs. 1(2), 2(6) (with reg. 3)

When a by-election is not needed E+W+S

85.—(1) The circumstances in which this regulation applies are 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 F11 ...

(2) In the circumstances in which this regulation applies, [F12 regulation] 84(1) shall not apply and the Secretary of State shall not appoint a day for the poll for a by-election.

Textual Amendments

F11 Words in reg. 85(1) omitted (with effect in accordance with reg. 1(4) of the amending S.I.) by virtue of The European Parliamentary Elections (Amendment) Regulations 2018 (S.I. 2018/106), regs. 1(2), 2(7)(a)

F12 Word in reg. 85(2) substituted (with effect in accordance with reg. 1(4) of the amending S.I.) by The European Parliamentary Elections (Amendment) Regulations 2018 (S.I. 2018/106), regs. 1(2), 2(7)(b)

[F13 Relevant citizens of the Union E+W+S

85A.— (1) This regulation applies where a person (“P”) —

(a) in respect of a vacant seat, is nominated under regulation 83A (nomination by registered party) or regulation 83B (joint nomination by two or more registered parties), or contacted under regulation 83E (filling vacant seat by notice of substitutes);

(b) is prepared to fill the vacant seat; and

(c) is a relevant citizen of the Union.

(2) The declaration required under regulation 83A(4), 83B(4) or the response required under regulation 83E(4) must be accompanied by a declaration under paragraph (3).

(3) The declaration must be made by P and must state—

(a) P’s name;

(b) P’s date and place of birth;

(c) P’s nationality;

(d) P’s last address in the Member State of which P is a national and his or her home address in the United Kingdom or Gibraltar;

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

(f) 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

(g) 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 a returning officer receives a declaration made under paragraph (3)—

(a) the returning officer must send a copy to the Secretary of State as soon as practicable after the declaration is received; and

(b) regulation 83A(5), 83B(5) or, as the case may be, 83E(6) apply as if for “without delay” there were substituted “as soon as practicable after the expiry of the relevant period in regulation 85A”.

(5) Where the Secretary of State receives, under paragraph (4)(a), a copy of a declaration made under paragraph (3), the Secretary of State must as soon as practicable send a notice to the designated contact point in the Member State of which P is a national.

(6) A notice under 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;

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

(7) The Secretary of State must send the returning 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 returning 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 83A(5), 83B(5) or, as the case may be, regulation 83E(6) does not apply; and

(b) the returning officer must notify the Secretary of State that this is the case (and see regulation 84 (by-elections)).

(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(5) 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 that P’s declaration was sent to the Secretary of State under paragraph (4)(a).]

Textual Amendments

F13 Reg. 85A inserted (with effect in accordance with reg. 1(4) of the amending S.I.) by The European Parliamentary Elections (Amendment) Regulations 2018 (S.I. 2018/106), regs. 1(2), 2(8)