The European Parliamentary Elections Regulations 2004

[F1 PART 1 E+W+S ENGLAND AND WALES

Textual Amendments

F1 Sch. 3 substituted (30.1.2009) by The European Parliamentary Elections (Amendment) Regulations 2009 (S.I. 2009/186), regs. 1(2), 41, Sch. 4

1.   This Part of this Schedule applies in the circumstances set out in regulation 11(i) of these Regulations. E+W+S

2.— (1)  In this Part of this Schedule, and in any provision of the European Parliamentary elections rules modified by this Schedule—

[F2 “police and crime commissioner election” means an election of a police and crime commissioner in accordance with Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011;]

“relevant election or referendum” means one or more of the following—

(a)

parliamentary election,

(b)

local government election,

(c)

mayoral election,

(d)

referendum,

(e)

[F3 a police and crime commissioner election,]

the poll at which is taken together with a poll at the European Parliamentary election; and

“GLRO” means the Greater London Returning Officer, being the person who is for the time being a proper officer of the Greater London Authority for the purposes of section 35(2C) of the 1983 Act.

(2) In the case of a referendum, a reference to—

(a) an election agent or counting agent shall be construed as a reference to a counting officer within the meaning of regulation 2(1) of the Local Authorities (Conduct of Referendums)(England) Regulations 2007;

(b) a polling agent shall be construed as a reference to a polling observer, within the meaning of that regulation; and

(c) the returning officer or local returning officer shall be construed as a reference to a counting officer, within the meaning of that regulation.

Textual Amendments

F2 Words in Sch. 3 para. 2(1) inserted (25.7.2012) by The Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917), art. 1(2), Sch. 4 para. 2(3)(a)

F3 Words in Sch. 3 para. 2(1) inserted (25.7.2012) by The Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917), art. 1(2), Sch. 4 para. 2(3)(b)

Modifications etc. (not altering text)

C1 Sch. 3 para. 2(2) modified (3.8.2012) by The Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031), regs. 1, 8, 12, 13, Sch. 4 para. 14

3.— (1) In rule 22 (the ballot papers) at the end of paragraph (2)(b) omit “and”. E+W+S

(2) At the end of paragraph (2) insert—

“; and

(d) must be of a different colour from that of any ballot papers used at any relevant election or referendum.”.

4.   At the end of rule 27 (notice of poll) insert— E+W+S

“(3) A notice published under paragraph (2) must, in addition—

(a) state that the poll at the European Parliamentary election is to be taken together with the poll at a relevant election or referendum;

(b) specify the relevant parliamentary constituency, local authority or, as the case may be, voting area and, in the case of a local government election to fill a casual vacancy, the electoral area for which the election is held; and

(c) where the polls are to be taken together in part of the local counting area only, specify that part.”

5.   At the end of rule 31 (issue of official poll cards) insert— E+W+S

“(9) If the returning officer for each relevant election or referendum agrees, an official poll card issued under this rule may be combined with an official poll card issued at each relevant election or referendum, with necessary adaptations.”

6.   After paragraph (1) of rule 32 (equipment of polling stations) insert— E+W+S

“(1A) The same ballot box may be used for the poll at the European Parliamentary election and the poll at each relevant election or referendum, if the returning officer who discharges the functions specified in regulation 5 of the Combination of Polls Regulations thinks fit.

(1B) Where the same ballot box is not used under paragraph (1A), each ballot box must be clearly marked with—

(a) the election or referendum to which it relates, as shown on the ballot papers for that election or referendum; and

(b) the words “Please insert the [specify colour of ballot papers in question] coloured ballot papers in here.””.

7.   After paragraph (5) of rule 32 (equipment of polling stations) insert— E+W+S

“(5A) The large version of the ballot paper referred to in paragraph (5)(a) must be printed on paper of the same colour as that of the ballot papers for use at the European Parliamentary election.”.

[F4 8.   For paragraph (7) of rule 32 (equipment of polling stations) substitute the following— E+W+S

“(7) In every compartment of every polling station there must be exhibited the notice:

*PARLIAMENTARY ELECTION

([Specify colour] ballot paper)

Vote for ONLY ONE CANDIDATE by putting a cross [X] in the box next to your choice.

*EUROPEAN PARLIAMENTARY ELECTION

([Specify colour] ballot paper)

Vote ONLY ONCE by putting a cross [X] in the box next to your choice.

*[Specify name of council] COUNCIL ELECTION

([Specify colour] ballot paper)

*[Vote for NO MORE THAN … CANDIDATES by putting a cross [X] in the box next to EACH of your choices]

*[Vote ONLY ONCE by putting a cross [X] in the box next to your choice]

*ELECTION OF THE MAYOR OF LONDON

([Specify colour] ballot paper)

#On the ballot paper for the election of the Mayor, vote ONCE for your first choice and ONCE for your second choice.

*ELECTION OF THE LONDON ASSEMBLY

#On the constituency members ballot paper [(specify colour)] vote for ONE candidate only.

#On the London members ballot paper [(specify colour)] vote for ONE party or individual candidate only.

[F5 *[Specify other] ELECTION/REFERENDUM

([Specify colour] ballot paper)

[Specify voting instructions in accordance with the legislation governing the election or referendum]]

PUT NO OTHER MARK ON THE BALLOT PAPER(S)*

OR YOUR VOTE(S)* MAY NOT COUNT

*[PLEASE DO NOT FOLD THE BALLOT PAPERS FOR [specify the elections at which the votes are to be counted electronically]. *Post them, face downwards, in the [*appropriate] ballot box.]

*Complete or omit as necessary

#Alternatively, insert such information as the GLRO may decide”.]”

Textual Amendments

F4 Sch. 3 Pt. 1 para. 8 substituted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 56

F5 Words in Sch. 3 Pt. 1 para. 8 substituted (4.4.2014) by The European Parliamentary Elections (Amendment) Regulations 2014 (S.I. 2014/923), regs. 1(2), 5(2)

9.   In paragraph (1)(b) of rule 33 (appointment of polling and counting agents) omit the words “the verification of the ballot paper accounts and” and in paragraph (3)(b) of that rule omit the words “the verification of the ballot paper accounts or”. E+W+S

10.   At the end of paragraph (4) of rule 33 (appointment of polling and counting agents) insert— E+W+S

“Notices of the appointment of polling agents and counting agents which are required by this paragraph and paragraph (5) to be given to the local returning officer must be given to the returning officer who discharges the functions specified in regulation 5 of the Combination of Polls Regulations”.

11.   In [F6 rule 34(1)(b)] (notification of requirement of secrecy) omit the words “the verification of the ballot paper accounts or” and “,(3)”. E+W+S

Textual Amendments

F6 Words in Sch. 3 Pt. 1 para. 11 substituted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 57

12.— (1) In rule 36(1) (admission to polling station), after sub-paragraph (g) omit “and”. E+W+S

(2) After sub-paragraph (h), insert—

“; and

(i) persons entitled to be admitted to the polling station at a relevant election or referendum.”.

13.   In rule 39 (questions to be put to voters) in questions 1(b), 2(b), 3(b) and 4 specified in the second column of the table set out in paragraph (1) after the words “at this” (wherever they occur) insert “European Parliamentary”. E+W+S

14.   At the end of rule 41 (voting procedure) insert— E+W+S

[F7 “(7)] The same copy of a register of electors or, where paragraph (3) applies, the same copy of the notice issued under section 13B(3B) or (3D) of the 1983 Act, may be used under paragraph (1) for each relevant election or referendum, and

(a) one mark may be placed in that register or on that notice under paragraph (1)(c) or in the list of proxies under paragraph (1)(d), to denote that a ballot paper has been issued in respect of each election or referendum; and

(b) where a ballot paper has not been issued in respect of a relevant election or referendum, a different mark must be placed in the register, or on the notice or list so as to identify each election or referendum in respect of which the ballot paper was issued.”.

Textual Amendments

F7 Word in Sch. 3 Pt. 1 para. 14 substituted (4.4.2014) by The European Parliamentary Elections (Amendment) Regulations 2014 (S.I. 2014/923), regs. 1(2), 5(3)

15.   At the end of paragraph (2) of rule 42 (votes marked by presiding officer) insert— E+W+S

“The same list may be used for each relevant election or referendum and, where it is so used, an entry in that list shall be taken to mean that the ballot papers were so marked in respect of each election or referendum, unless the list identifies the election or referendum at which the vote was so marked.”.

16.   At the end of paragraph (4) of rule 43 (voting by persons with disabilities) insert— E+W+S

“The same list may be used for each relevant election or referendum and, where it is so used, an entry in that list shall be taken to mean that votes were so given in respect of each election or referendum, unless the list identifies the election or referendum at which the vote was given.”.

17.   At the end of paragraph (2) of rule 45 (tendered ballot papers: general provisions) insert— E+W+S

“The same list may be used for each relevant election or referendum and, where it is so used, an entry in that list shall be taken to mean that tendered ballot papers were marked in respect of each election or referendum, unless the list identifies the election or referendum at which a tendered ballot paper was marked”.

18.   At the end of paragraph (1) of rule 47 (alteration of registers) insert— E+W+S

“The same list may be used for each relevant election or referendums and, where it is so used, an entry in that list shall be taken to mean that ballot papers were issued in respect of each election or referendum, unless the list identifies the election or referendum for which a ballot paper was issued.”.

19.   In paragraph (1) of rule 48 (adjournment of poll in case of riot) omit “local” and after “returning officer” insert “who discharges the functions specified in regulation 5 of the Combination of Polls Regulations”. E+W+S

20.   In paragraph (1) of rule 49 (procedure on close of poll) after the words “polling agents”, in the first place where they occur, insert “appointed for the purpose of the European Parliamentary election and those appointed for the purposes of each relevant election or referendum”. E+W+S

21.   After paragraph (1) of rule 49 (procedure on close of poll) insert— E+W+S

“(1A) The contents of the packets referred to in sub-paragraphs (b), (c) and (f) of paragraph (1) must not be combined with the contents of packets made up under the corresponding rule that applies at each relevant election or referendum; nor shall the statement prepared under paragraph (3) be so combined.

(1B) References to the local returning officer in paragraph (1) above are references to the returning officer who discharges the functions specified in regulation 5 of the Combination of Polls Regulations”.

22.   Omit rules 50 (attendance at verification of ballot paper accounts) and 51 (procedure at verification of ballot paper accounts). E+W+S

23.   For paragraph (1) of rule 52 (attendance at counting of votes) substitute— E+W+S

“(1) The local returning officer must make arrangements for counting the votes in the presence of the counting agents after the delivery of the ballot papers to him by the returning officer who discharges the functions specified in regulation 5 of the Combination of Polls Regulations —

(a) in the case of a general election of MEPs, before or after the material time and in either case so that the requirements of rule 57(1) are satisfied as soon as practicable after the material time;

(b) in the case of a by-election, as soon as practicable after that delivery,

and must give to the counting agents and the returning officer notice in writing of the time after which he will begin to count the votes if by then he has received the ballot papers and of the place at which the count will take place.”

24.   For paragraph (1) of rule 53 (the count) substitute— E+W+S

“(1) The local returning officer must –

(a) on receipt of the containers of ballot papers from the returning officer who discharges the functions specified in regulation 5 of the Combination of Polls Regulations and after the time specified in the notice given under rule 52(1) in the presence of the counting agents open each container;

(b) where the proceedings on the issue and receipt of postal ballot papers are not taken together with those proceedings at another relevant election or referendum under paragraph 41 of Schedule 2, count such of the postal ballot papers as have been duly returned and record the number counted; and

(c) mix together the postal ballot papers and the ballot papers from the containers and count the votes given on them.

(1A) Where separate ballot boxes have been used, no vote for any individual candidate or registered party shall be rendered invalid by the ballot paper being placed in the ballot box used at any relevant election or referendum.

(1B) A postal ballot paper must not be deemed to be duly returned unless—

(a) it is returned in the manner prescribed in paragraph 55 of Schedule 2 so as to reach the local returning officer or any polling station in the appropriate area before the close of the poll;

(b) the postal voting statement duly signed (unless the requirement for a signature has been waived) is also returned in that manner before that time;

(c) the postal voting statement states the date of birth of the elector or proxy (as the case may be), and

[F8 (d) the local returning officer verifies the date of birth and the signature of the elector or proxy (as the case may be) under paragraph 63 of Schedule 2.]

(1C) In paragraph (1B) the “appropriate area” means—

(a) the area in the local counting area common to the parliamentary constituency, electoral area or voting area (as the case may be) in which the polls at the European Parliamentary election and a relevant election or referendum are being taken together; and

(b) in respect of which polls the voter has been issued with a postal ballot paper.

[F9 (1D) A postal ballot paper or postal voting statement that reaches the local returning officer or a polling station on or after the close of the poll is treated for the purposes of this rule as reaching that officer or polling station before the close of the poll if it is delivered by a person who, at the close of the poll, is in the polling station, or in a queue outside the polling station, for the purpose of returning it.”]

Textual Amendments

F8 Words in Sch. 3 Pt. 1 para. 24 substituted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 58

F9 Words in Sch. 3 Pt. 1 para. 24 inserted (4.4.2014) by The European Parliamentary Elections (Amendment) Regulations 2014 (S.I. 2014/923), regs. 1(2), 5(4)

25.   In paragraph (3) of rule 53 (the count) after the word “while” insert “counting and recording the number of postal ballot papers and”. E+W+S

26.   For paragraph (2) of rule 63 (sealing up of ballot papers) substitute— E+W+S

“(2) The local returning officer must not open the sealed packets of—

(a) tendered ballot papers, or

(b) certificates as to employment on duty on the day of the poll.

(3) Where he is the returning officer who discharges the functions referred to in regulation 5 of the Combination of Polls Regulations, the local returning officer must not open the sealed packets of—

(a) the completed corresponding number lists, or

(b) marked copies of a register of electors (including any marked copy notices issued under section 13B(3B) or (3D) of the 1983 Act) and lists of proxies”.

27.   In paragraph (1) of rule 64 (delivery and retention of documents), omit sub-paragraphs (c) and (f). E+W+S

[F10 28.   In the Appendix of Forms, for Form K (form of directions for guidance of voters in voting) substitute Form K1 in the Appendix of Forms to this Schedule.] E+W+S

Textual Amendments

F10 Sch. 3 Pt. 1 paras. 28, 29 substituted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 59

[F10 29.   In the Appendix of Forms, for Form M (form of declaration by companion of voter with disabilities) substitute Form M1 in the Appendix of Forms to this Schedule.]] E+W+S

Textual Amendments

F10 Sch. 3 Pt. 1 paras. 28, 29 substituted (1.1.2014) by The European Parliamentary Elections (Amendment) Regulations 2013 (S.I. 2013/2876), regs. 1(2), 59