The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2013

Amendment of the European Parliamentary Elections (Northern Ireland) Regulations 2004

6.  For regulation 76I (relevant citizens of the Union) substitute—

“Relevant citizens of the Union

76I.— (1) This regulation applies where the person nominated in accordance with regulation 76C(2) or 76D(2), or the person contacted in accordance with regulation 76G(2), (as the case may be, “P”) is a relevant citizen of the Union.

(2) The declaration required under regulation 76C(4) or 76D(4) or, as the case may be, the response provided under regulation 76G(4), must be accompanied by a declaration under paragraph (3).

(3) The declaration must be made by P and must state, in addition to P’s name—

(a) P’s nationality, date and place of birth, last address in the member State of which P is a national and home address in the United Kingdom;

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

(c) 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

(d) 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 the Chief Electoral Officer receives a declaration made under paragraph (3)—

(a) the Chief Electoral Officer must send a copy to the Secretary of State as soon as practicable after the declaration is received;

(b) regulation 76C(5), 76D(5) or 76G(7), as the case may be, applies as if for “without delay” there were substituted “as soon as practicable after the expiry of the relevant period under regulation 76I”.

(5) Where the Secretary of State has received a copy of a declaration in accordance with paragraph (4)(a), the Secretary of State must send a notice to the designated contact point in the member State of which P is a national.

(6) The notice referred to in 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; and

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

(7) The Secretary of State must send to the Chief Electoral 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 Chief Electoral 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 76C(5), 76D(5) or 76G(7), as the case may be, does not apply;

(b) the Chief Electoral Officer must notify the Secretary of State that this is the case; and

(c) regulation 76H (by-elections) applies.

(9) In this regulation—

“electoral roll” and “locality or constituency” have the same meaning as they have in Council Directive 93/109/EC(1), and “designated contact point” means a contact point designated by a Member State in accordance with Article 6(3) 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 P’s declaration was sent to the Secretary of State under paragraph (4)(a).”.

(1)

O.J. L 329 30.12.1993 page 34; the Directive was amended by Council Directive 2013/1/EU, O.J. L 026 26.01.2013 page 27.