Amendments to Schedule 1 to the 2004 Regulations19
In Schedule 1 (European Parliamentary elections rules)24, for rule 9 (candidature by relevant citizen of the Union) substitute—
Candidature by relevant citizen of the Union9
1
A candidate who is a relevant citizen of the Union is not validly nominated as an individual candidate or as a candidate on a registered party’s list unless one of Conditions A and B is met.
2
Condition A is that a declaration under paragraph (4) is delivered to the returning officer, whether before or after the notice of election is published, but not later than 4 p.m. on the twenty-fourth day before the date of the poll.
3
Condition B is that a declaration under paragraph (4) and information under paragraph (5) are delivered at the place and within the time for the delivery of nomination papers.
4
The declaration referred to in paragraphs (2) and (3) must be made by the candidate and must state, in addition to the candidate’s name—
a
the candidate’s nationality, date and place of birth, last address in the Member State of which the candidate is a national and home address in the United Kingdom or Gibraltar;
b
that the candidate is not standing for election to the European Parliament in any other Member State;
c
where the candidate’s name has been entered on an electoral roll in a locality or constituency in the Member State of which the candidate is a national, the name of the locality or constituency where, so far as the candidate knows, the candidate’s name was last entered; and
d
that the candidate has not 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.
5
The information referred to in paragraph (3) is information which—
a
has been provided to the candidate by the designated contact point in the Member State of which the candidate is a national; and
b
states either that the candidate has not been deprived of the right to stand as a candidate in that State through a relevant disqualifying decision or that no such disqualification is known to the designated contact point.
6
Where the returning officer receives a declaration under paragraph (4) delivered in accordance with Condition A or B, the returning officer must send a copy to the Secretary of State as soon as practicable after the declaration is received.
7
In this rule and in rule 9A, “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.