Amendments to Schedule 1 to the 2004 Regulations
19. In Schedule 1 (European Parliamentary elections rules)(1), for rule 9 (candidature by relevant citizen of the Union) substitute—
“Candidature by relevant citizen of the Union
9.—(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.”
Schedule 1 was substituted by S.I. 2009/186.