2018 No. 1310

Exiting The European Union
Representation Of The People
Political Parties
National Election Expenditure

The European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018

Sift requirements satisfied

Made

Laid before Parliament

Coming into force in accordance with regulation 1

The requirements of paragraphs 3(2) and 17(2) of Schedule 7 to the European Union (Withdrawal) Act 20181 (relating to the appropriate Parliamentary procedure for these Regulations) have been satisfied.

The Minister for the Cabinet Office makes these Regulations in exercise of the powers conferred by sections 8(1), 23(1) and (6), and 24(3) of, and paragraph 21(b) of Schedule 7 to, that Act.

Citation, commencement and extent

1

These Regulations may be cited as the European Parliamentary Elections Etc. (Repeal, Revocation, Amendment and Saving Provisions) (United Kingdom and Gibraltar) (EU Exit) Regulations 2018 and come into force on exit day.

2

Any amendment, repeal or revocation made by these Regulations has the same extent as the provision to which it relates2.

Cessation of rights, etc.3

Any rights, powers, liabilities, obligations, restrictions, remedies and procedures which—

a

continue by virtue of section 4(1) of the European Union (Withdrawal) Act 2018; and

b

are derived from—

i

Article 14(3) of the Treaty on the European Union3;

ii

Article 20(2)(b) of the Treaty on the Functioning of the European Union4 so far as that provision relates to either voting in or standing as a candidate in an election to the European Parliament; and

iii

Article 22(2) of the Treaty on the Functioning of the European Union

cease to be recognised and available in domestic law (and to be enforced, allowed and followed accordingly).

Repeals and revocations4

The provisions listed in Schedule 1 are repealed or revoked to the extent specified.

Amendments5

Schedule 2 has effect.

Saving6

Despite the repeal of the European Parliamentary Elections Act 20025 by the European Union (Withdrawal) Act 2018, Schedule 1 to that Act (electoral regions in England and Gibraltar) continues to have effect after exit day as it had effect immediately before that day for the purposes of the definition of “electoral region” in section 8(1) of the European Parliament (Pay and Pensions) Act 19796.

Signed by the authority of the Minister for the Cabinet Office

Chloe SmithMinister for the ConstitutionCabinet Office

SCHEDULE 1

Regulation 4

PART 1Repeals

Enactment repealed

Extent of repeal

Electoral Law Act (Northern Ireland) 19627

In Schedule 5, in rule 16A(3) the words “, European Parliamentary”.

Representation of the People Act 19838

Section 13AB(8)(b);

Section 13B(4)(b);

Section 13BA(12)(b) (but not the “and”);

Section 37(2A);

In section 37ZA(1) the words “and, subject to section 37B,”;

Section 37A;

Section 37B.

Representation of the People Act 19859

Section 3;

In section 15

  • subsection (1)(a),

  • the word “or” after subsection (1)(b),

  • subsection (1)(c),

  • in subsection (3) the words “includes European Parliamentary elections but”,

  • subsection (5A), and

  • in the heading, the words “, European Parliamentary”;

In section 27

  • the definitions of “European Parliamentary election” and “European Parliamentary general election”.

Broadcasting Act 199010

Schedule 20, paragraph 35(5).

The Greater London Authority Act 199911

In section 3(3) the words “or 37A”.

Political Parties, Elections and Referendums Act 200012

Section 5(2)(b);

Section 7(2)(a) and (b);

Section 8(3)(c);

Section 13(1A);

In section 22

  • subsection (2)(a)(ii) and the preceding “or”,

  • subsection 2(b)(ii) and the preceding “or”,

  • subsection (5)(b);

In section 24(8)(b) the words “, an election to the Gibraltar Parliament”;

Section 28(3A);

Section 30(1)(ba) and (2A);

In section 31

  • in subsection (3) the words “(other than under subsection (3A))”,

  • subsection (3A),

  • subsection (4)(c);

Section 37(3);

Section 40(3);

Section 44(5);

Section 48(12)(c);

Section 52(1)(c) and (4);

In section 54

  • in subsection (2)(b)(ii) the words “or another member State”,

  • in subsection (2)(c) the words from “, other than” to “combined region”,

  • subsections (2A) and (3A),

  • in subsection (8)

    • the words “any of the following”,

    • paragraphs (b) and (c);

Section 55(5A) and (6)(aa);

Section 58(5)(d);

Section 59(2A);

In section 60(4)(b)(i) the words “or the Gibraltar court”;

Section 67(2)(b)(i);

Section 71GA;

Section 71H(3A) and (3B);

Section 71HA;

Section 71O(4);

Section 71R(1A);

In section 71S(3) the words “or corresponding provisions forming part of the law of Gibraltar”;

Section 71U(3);

In section 71W

  • subsection (2)(d),

  • in subsection (6) the words “in any part of the United Kingdom”;

In section 71X the definitions of “Gibraltar donation”, “Gibraltar regulated transaction” and “permitted period”;

Section 71Z2(2);

Section 73(11);

In section 74(3) the words “, an election to the Gibraltar Parliament”;

In section 77

  • in subsection (10) the words “a day within subsection (11) or”,

  • subsections (11) and (12);

Section 85(5A);

In section 88

  • in subsection (2)(b) the words from “other than” to “combined region”,

  • in subsection (3)(c) the words “or any of paragraphs (b) and (d) to (g) of section 54(2A)”;

Section 90(4);

Section 91(5);

Section 92(8);

In section 94

  • subsection (5A),

  • in subsection (10)(a) the words “(subject to subsection (11))”,

  • subsection (11);

Section 94A(4)(b) and the preceding “or”’;

Section 95A(11)(b) and the preceding “or”;

Section 95B(11)(b) and the preceding “or”;

Section 150(4);

Section 151(4A);

Section 153(5A);

In section 160

  • in subsection (1) the definitions of—

    • “combined region”,

    • “exempt Gibraltar trust donation”,

    • “Gibraltar court”,

    • “Gibraltar elector”,

    • “Gibraltar party”,

    • “Gibraltar register”,

  • in the definition of “qualified auditor” paragraph (b) and the preceding “or”,

  • subsections (6) and (7);

In section 162

  • subsection (1)(b),

  • subsection (3A),

  • in subsection (6)(a) the words “or exempt Gibraltar trust donation”;

Section 163(11);

Schedule 1 paragraph 3(9);

In Schedule 6

  • in paragraphs 2(2)(a) and (3)(b) the words “or the Gibraltar register”,

  • in paragraph 2(4) the words “or 54(2A)(b)”,

  • in paragraph 2(6) the words “or 54(2A)(d)” and “or as registered in accordance with the Trade Unions and Trade Disputes Act”,

  • in paragraph 2(8) the words “or 54(2A)(f)”,

  • in paragraph 2(10) the words “or 54(2A)(g)” and, in paragraph (b), “or Gibraltar”,

  • in paragraph 2(13) the words “or 55(5A)”,

  • in paragraph 2(13)(b) the words “or 162(3A)”,

  • paragraph 6(c);

In Schedule 6A

  • in paragraph 2(2)(a) the words “or the Gibraltar register”,

  • in paragraph 2(3) the words “or corresponding provisions forming part of the law of Gibraltar”,

  • in paragraph 2(4) the words “or section 54(2A)(b)”,

  • in paragraph 2(6) the words “or section 54(2A)(d)” and “or as registered in accordance with the Trade Unions and Trade Disputes Act”,

  • in paragraph 2(8) the words “or section 54(2A)(f)”,

  • in paragraph 2(10) the words “or section 54(2A)(g)”,

  • in paragraph 2(10)(b) the words “or Gibraltar, as the case may be”,

  • in paragraph 3(2) the words “or corresponding provisions forming part of the law of Gibraltar”;

In Schedule 7

  • paragraph 1(8)(b),

  • paragraph 7(1A), (5A) and (6)(aa),

  • in paragraph 7(6)(b)(i) the words “or permissible donors by virtue of sub-paragraph (1A)”;

In Schedule 7A

  • paragraph 4(3A) and (3B),

  • in paragraph 9(4)(a) the words “or (2A)”,

  • paragraph 17(2)(d),

  • in paragraph 17(6) the words “in any part of the United Kingdom”;

In Schedule 8, paragraph 2(2);

In Schedule 9

  • paragraph 2(3A),

  • paragraph 4 (and the preceding italic heading),

  • paragraph 8 (and the preceding italic heading),

  • in paragraph 9(4)(a)(i) the word “4,”,

  • paragraph 9(4)(a)(ii) (and the preceding “or”),

  • in paragraph 9(4)(b) the words “or (ii)”,

  • in paragraph 9(4)(b)(ii) the words “, or (where paragraph 8 would otherwise apply) the last,”,

  • in paragraph 9(7)(b)(ii) the word “4,” and the words from “or, as the case may be” to “apply”;

In Schedule 10

  • paragraph 1(3),

  • paragraph 2(3A),

  • paragraph 4 (and the preceding italic heading),

  • paragraph 8 (and the preceding italic heading),

  • in paragraph 9(4)(a)(i) the word “4,” ,

  • paragraph 9(4)(a)(ii) (and the preceding “or”),

  • in paragraph 9(4)(b) the words “or (ii)”,

  • in paragraph 9(4)(b)(ii) the words “, or (where paragraph 8 would otherwise apply) the last,”,

  • in paragraph 9(7)(b)(ii) the word “4,” and the words from “or, as the case may be” to “apply”;

In Schedule 11, paragraph 6(1A), (2A) and (3A).

Electoral Administration Act 200613

Section 44(7)(e);

Section 69(9)(c);

In Schedule 1 paragraphs 17, 41 and 156.

Northern Ireland (Miscellaneous Provisions) Act 200614

In section 1(1)(b) the words “, the European Parliament”.

Income Tax Act 200715

Section 835B(3)(b) and the preceding “or”.

Political Parties and Elections Act 200916

Section 26;

Section 27;

Section 42(2).

Equality Act 201017

Section 104(8)(b);

Section 106(5)(b).

Police Reform and Social Responsibility Act 201118

In section 54(5), in the definition of “relevant provision”

  • paragraph (e),

  • in paragraph (g) the words “, European Parliamentary elections”;

In section 58(7), in the definition of “relevant provision”

  • paragraph (e),

  • in paragraph (g) the words “, European Parliamentary elections”.

Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Act 201419

In section 48(2)(a) and (4) the words “and Gibraltar”.

House of Lords Reform Act 201420

Section 6(2)(c).

Recall of MPs Act 201521

In Schedule 3, paragraph 18(2)(b) and (c);

In Schedule 4

  • in paragraph 6(1)(a) the words from “(other than” to “combined region)”,

  • paragraph 6(4)(b) and (c),

  • in paragraph 22 the definitions of “combined region” and “Gibraltar party”.

Investigatory Powers Act 201622

Section 26(3)(e);

Section 111(8)(e).

Data Protection Act 201823

In Schedule 1, paragraph 23(3)(e).

PART 2Revocations

Table 1

Instrument revoked

Extent of revocation

The Sex Discrimination (Northern Ireland) Order 197624

In article 34(a) the words “or the European Parliament”;

Article 43A(3)(b).

The European Parliamentary Election Petition Rules 197925

The whole Rules.

The European Parliamentary Election Petition (Amendment) Rules 198826

The whole Rules.

The Ministry of Defence Police (Defence Police Federation) Regulations 198827

In regulation 7(1)(a) the words “, European Assembly”.

The Town and Country Planning (Control of Advertisements) Regulations 199228

In Schedule 2, in class F the words “, European Parliamentary”.

The European Parliamentary Elections (Changes to the Franchise and Qualification of Representatives) Regulations 199429

The whole Regulations.

The Town and Country Planning (Control of Advertisements) (Amendment) Regulations 199430

Regulation 4.

The Scotland Act 1998 (Agency Arrangements) (Specification) Order 199931

In Schedule 1, paragraph 3.

The European Parliamentary Elections Petition (Amendment) Rules 199932

The whole Rules.

The Representation of the People (England and Wales) Regulations 200133

In regulation 3(1) the definitions of “European Parliamentary overseas elector” and “European Parliamentary overseas elector’s declaration”;

Regulation 13;

In regulation 18

  • in paragraph (4), the words from “For the purposes of” to the end,

  • in paragraph (5), the words from “For the purposes of” to the end,

  • in paragraph (7), the words from “For the purposes of” to the end;

In regulation 19(1), the words from “For the purpose of” to the end;

Regulation 22(3);

Regulation 45(4);

In regulation 57(3) the words “(as amended for use also in respect of European Parliamentary elections)”;

In regulation 65(a) the words “, European Parliamentary”;

Regulation 98(6) and (7);

Regulation 103(1)(b) and (2)(b);

In regulation 108

  • in paragraph (1)(a) the words “or European Parliamentary”,

  • in paragraph 2(b) the words “a European Parliamentary election or”,

  • in paragraph (3) the words “a European Parliamentary election,”;

In Schedule 3

  • in Form E

    • the words “European Parliamentary electoral region” and “*[European Parliamentary electoral region]” in each place they appear,

    • the words “European Parliamentary” and “*[European Parliamentary]” in each place they appear,

  • in Form H the words “*European Parliamentary election ([insert colour] ballot paper) • [Vote only once by putting a cross x in the box next to your choice.]”,

Schedules 4 and 4A.

The Representation of the People (Scotland) Regulations 200134

In regulation 3(1) the definitions of “European Parliamentary overseas elector” and “European Parliamentary overseas elector’s declaration”;

Regulation 13;

In regulation 18

  • in paragraph (4) the words from “For the purposes of ” to the end,

  • in paragraph (5) the words from “For the purposes of)” to the end,

  • in paragraph (7) the words from “For the purposes of” to the end;

In regulation 19(1) the words from “For the purposes of” to the end;

Regulation 22(3);

Regulation 42(3), (4) and (7);

Regulation 45(4);

In regulation 57(3) the words “(as amended for use also in respect of European Parliamentary elections)”;

Regulation 65;

Regulation 69(3);

Regulation 72(5) and (6);

Regulation 74(4);

In regulation 77

  • paragraph (2)(b) but not the “and”,

  • in paragraph 2(c) the words “or (b)”;

Regulation 78(2A)(b) and the preceding “and”;

Regulation 90(2);

Regulation 97(5) and (6);

Regulation 102(1)(b) and (2)(b);

In regulation 107

  • in sub-paragraph (1)(a) the words “or European Parliamentary”,

  • paragraphs (2) and (3);

In Schedule 3

  • in Form E

    • the words “European Parliamentary electoral region” and “*[European Parliamentary electoral region]” in each place they appear,

    • the words “European Parliamentary” and “*[European Parliamentary]” in each place they appear,

  • in Form H the words “*European Parliamentary election ([insert colour] ballot paper) • [Vote only once by putting a cross x in the box next to your choice.]”,

Schedules 4 and 4A.

The European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 200135

The whole Regulations.

The European Parliamentary Election Petition (Amendment) Rules 200336

The whole Rules.

The European Parliamentary Elections Regulations 200437

The whole Regulations.

The European Parliamentary Elections (Northern Ireland) Regulations 200438

The whole Regulations.

The European Parliamentary Elections (Common Electoral Principles) Regulations 200439

The whole Regulations.

The Civil Partnership Act 2004 (Amendments to Subordinate Legislation) Order 200540

In Schedule 8, paragraphs 2 and 3;

In Schedule 9, paragraph 2.

The Local Elections (Principal Areas) (England and Wales) Rules 200641

In rule 2(1) the definitions of “European Parliamentary election” and “local counting area”;

Rule 2(2)(b);

In Schedule 3

  • in rule 21(4)(b) the words “local counting area,”,

  • in rule 26(10) the words “*EUROPEAN PARLIAMENTARY ELECTION ([specify colour] ballot paper) VOTE ONLY ONCE by putting a cross [X] in the box next to your choice.”,

  • in rule 45(8)(a) the words “local counting area,”,

  • in the Appendix of Forms, in the “Back of statement” of the “Form of Postal Voting Statement (for use where there is a joint issue and receipt of postal ballot papers)” the words “*[European Parliamentary election ([insert colour] ballot paper) • [Vote only once by putting a cross x in the box next to your choice.]”,

  • in the Appendix of Forms, in the “Form of Declaration to be made by the companion of a voter with disabilities” the words “*[Election of Members of the European Parliament for the [insert name of Region, e.g. ‘North-West Region’]]”.

The Local Elections (Parishes and Communities) (England and Wales) Rules 200642

In rule 2(1) the definitions of “European Parliamentary election” and “local counting area”;

Rule 2(2)(b);

In Schedule 3

  • in rule 21(4)(b) the words “local counting area,”,

  • in rule 26(10) the words “*EUROPEAN PARLIAMENTARY ELECTION ([specify colour] ballot paper) Vote ONLY ONCE by putting a cross [X] in the box next to your choice.”,

  • in rule 45(7)(a) the words “local counting area,”,

  • in the Appendix of Forms, in the “Back of statement” of the “Form of Postal Voting Statement (for use where there is a joint issue and receipt of postal ballot papers)” the words “*[European Parliamentary election ([insert colour] ballot paper) • [Vote only once by putting a cross x in the box next to your choice.]”,

  • in the Appendix of Forms, in the “Form of Declaration to be made by the companion of a voter with disabilities” the words “*[Election of Members of the European Parliament for the [insert name of Region, e.g. ‘North-West Region’]]”.

National Assembly for Wales (Representation of the People) Order 200743

In article 2(1) the definition of “European Parliamentary election”;

In article 110

  • paragraph (3)(a)(iii),

  • in paragraph (3)(b) the words “, the European Parliament”;

Article 112;

In article 117(2)(a) the words “the European Parliament,”;

Article 118(3)(c);

In article 123

  • paragraph (1)(a)(iii),

  • in paragraph (1)(b) the words “, the European Parliament”;

Article 125.

Town and Country Planning (Control of Advertisements) (England) Regulations 200744

In Schedule 1, in class E the words “, European Parliamentary”.

The Local Authorities (Mayoral Elections) (England and Wales) Regulations 200745

In regulation 2

  • the definition of “European Parliamentary election”,

  • paragraph (b) of the definition of “relevant election or referendum” ;

In Schedule 3

  • in rule 2(1) the definition of “local counting area”,

  • in rule 23(4)(b) the words “local counting area”,

  • in rule 28(10) the words “*EUROPEAN PARLIAMENTARY ELECTION ([specify colour] ballot paper) Vote ONLY ONCE by putting a cross [X] in the box next to your choice.”,

  • in rule 47(9)(a) the words “local counting area,”,

  • in the Appendix of Forms, in Form 7(1) the words “*European Parliamentary election ([insert colour] ballot paper) •[Vote only once by putting a cross x in the box next to your choice.]”,

  • in the Appendix of Forms, in Form 14 the words “*[Election of Members of the European Parliament for the [insert name ofRegion, e.g. ‘North-West Region’]]”.

The Greater London Authority Elections Rules 200746

In rule 2(1) the definition of “European Parliamentary election”;

In rule 5(1)(a) the words “, European Parliamentary election”;

In Schedule 5

  • in rule 2(1)

    • the definitions of “European Parliamentary election” and “local counting area”,

    • in the definition of “relevant election or referendum” paragraph (b),

  • in rule 22(3)(b) the words “, European Parliamentary local counting area”,

  • in rule 49(7)(a) the words “, local counting area”;

In Schedule 6

  • in rule 2(1)

    • the definitions of “European Parliamentary election” and “local counting area”,

    • paragraph (b) of the definition of “relevant election or referendum”,

  • in rule 23(3)(b) the words “, European Parliamentary local counting area”,

  • in rule 50(7)(a) the words “, local counting area”;

In Schedule 7

  • in rule 2(1)

    • the definitions of “European Parliamentary election” and “local counting area”,

    • paragraph (b) of the definition of “relevant election or referendum”,

  • in rule 22(3)(b) the words “, European Parliamentary local counting area”,

  • in rule 49(7)(a) the words “, local counting area”;

In rule 2(1) of Schedule 8, paragraph (b) of the definition of “relevant election or referendum”;

In Schedule 10

  • in Form 11A the words “*European Parliamentary election ([insert colour] ballot paper) •[Vote only once by putting a cross x in the box next to your choice.]”

  • in Form 17, in Notice AA1 the words “*EUROPEAN PARLIAMENTARY ELECTION ([specify colour] ballot paper) Vote ONLY ONCE by putting a cross x in the box next to your choice.”,

  • in Form 19A the words “*[Election of Members of the European Parliament for the [insert name of Region, e.g. ‘North-West Region’]]”.

The European Parliament (House of Lords Disqualification) Regulations 200847

The whole Regulations.

The Representation of the People (Northern Ireland) Regulations 200848

In regulation 3(1) the definitions of “European Parliamentary overseas elector” and “European Parliamentary overseas elector’s declaration”;

Regulation 14;

Regulation 20(5) and (10);

Regulation 21(2);

Regulation 23(3);

Regulation 53(4);

In regulation 59(8)(b) the words “or European Parliamentary”;

In regulation 62(3) the words”(as amended for use also in respect of European Parliamentary elections)”;

Regulation 102(1)(b) and (2)(b);

In regulation 106(1)(a) the words “or European Parliamentary”;

In Schedule 3, in Form E the words “European Parliamentary/”;

Schedule 4.

The European Parliamentary Elections (Franchise of Relevant Citizens of the Union) (Amendment) Regulations 200949

The whole Regulations.

The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 200950

The whole Regulations.

The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 201051

The whole Regulations.

The Members of the European Parliament (Salaries of Members of the Greater London Authority) Order 201152

The whole Order.

The Local Authorities (Conduct of Referendums) (England) Regulations 201253

In regulation 2(1)

  • the definitions of “European Parliamentary election” and “European Parliamentary general election”,

  • paragraph (c) of the definition of “relevant election or referendum”;

In regulation 10

  • paragraph (2)(e) and (f),

  • in paragraph (3) the word “(f),”;

In Schedule 5

  • in rule 12(4)(b) the words “local counting area,”,

  • in rule 17(10) the words “*EUROPEAN PARLIAMENTARY ELECTION ([Specify colour] ballot paper) Vote ONLY ONCE by putting a cross [X] in the box next to your choice.”,

  • in rule 38(7)(a) the words “local counting area,”,

  • in the Appendix of Forms, in the “Form of Postal Voting Statement (for use where there is joint issue and receipt of postal ballot papers)” the words “*European Parliamentary election ([insert colour] ballot paper) •[Vote only once by putting a cross x in the box next to your choice.]”,

  • in the Appendix of Forms, in the Form of declaration made by the companion of a voter or proxy with disabilities the words “*[Election of Members of the European Parliament for the [insert name of Region, e.g. ‘North-West Region’]]”.

The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 201254

In regulation 2(1)

  • the definitions of “European Parliamentary election” and “European Parliamentary general election”,

  • paragraph (c) of the definition of “relevant election or referendum” ;

In regulation 17

  • paragraph (3)(f) and (g),

  • in paragraph (4) the word “(g),”;

In Schedule 4, Table 8;

In Schedule 5

  • in rule 12(4)(b) the words “local counting area,”,

  • in rule 17(10) the words “*EUROPEAN PARLIAMENTARY ELECTION ([Specify colour] ballot paper) Vote ONLY ONCE by putting a cross [X] in the box next to your choice.”,

  • in rule 38(9)(a) the words “local counting area,”,

  • in the Appendix of Forms, in the “Form of Postal Voting Statement (for use where there is joint issue and receipt of postal ballot papers)” the words “*European Parliamentary election ([insert colour] ballot paper) •[Vote only once by putting a cross x in the box next to your choice.]”,

  • in the Appendix of Forms, in the Form of declaration made by the companion of a voter or proxy with disabilities the words “*[Election of Members of the European Parliament for the [insert name of Region, e.g. ‘North-West Region’]]”.

Police and Crime Commissioner Elections Order 201255

Article 8(3)(b);

Article 13(1)(b);

In Schedule 2

  • paragraph 3(4)(b) and the preceding “or”,

  • paragraph 4(2)(a)(ii), but not the “or”,

  • in paragraph 4(3)(a) the words

    • “or (b)”,

    • “(in each case)”,

    • “, as the case may be”,

  • paragraph 4(3)(a)(ii),

  • paragraph 6(2)(b),

  • in paragraph 7

    • in sub-paragraph (6) the words “or (b)”,

    • sub-paragraph (6)(b) and the preceding “or”,

  • paragraph 7(7)(b),

  • paragraph 8(1)(a)(ii),

  • in paragraph 13(1)(a) the words “or paragraph 3 of Schedule 2 to the European Parliamentary Elections Regulations 2004”,

  • in paragraph 13(1)(b) the words “or paragraph 7(6) of Schedule 2 to the European Parliamentary Elections Regulations 2004”,

  • in paragraph 16(4A)(b) the words “ or paragraph 26 of Schedule 2 to the European Parliamentary Elections Regulations 2004”,

  • in paragraph 17(4)(a) the words “or paragraph 3 of Schedule 2 to the European Parliamentary Elections Regulations 2004”,

  • in paragraph 17(4)(b) the words “or paragraph 7(6) of Schedule 2 to the European Parliamentary Elections Regulations 2004”,

  • in paragraph 42A(5)(b)(ii) the words “or paragraph 6(9) of Schedule 2 to the European Parliamentary Elections Regulations 2004”,

  • in paragraph 45(2)(b) the words “local counting area”,

  • in paragraph 56(3) the words “local counting area”,

  • in paragraph 59B—

    • in sub-paragraph (1) the words “or paragraph 3 of Schedule 2 to the European Parliamentary Elections Regulations 2004”,

    • in sub-paragraph (2) the words “or, as the case may be, paragraph 31B(2) to (11) of Schedule 2 to the European Parliamentary Elections Regulations 2004”;

    In Schedule 4

    • in paragraph 1(2)

      • section 15 (1)(a) and (c),

      • section 15(1)(d)(ii),

      • section 15(3)(a)(i),

    • paragraph 2 and the preceding italic heading,

    • in paragraph 19 the words “local counting area” (in the substituted paragraph (3A)(b)(i)),

    • in paragraph 42(3) the words “local counting area” (in the inserted paragraph (1C)(a)),

    • in Form 19 the words “/local counting area”,

    • in Form 20 the words “/local counting area”.

The Neighbourhood Planning (Referendums) Regulations 201256

In Regulation 2

  • the definition of “European Parliamentary election”,

  • paragraph (b) of the definition of “relevant election”;

In Schedule 4

  • in paragraph 3 the words “, but the returning officer at a European Parliamentary election shall not discharge those functions”,

  • paragraph 8(1)(a),

  • paragraphs 9 to 14 (and the italic heading above paragraph 9);

In Schedule 5

  • rule 2(1)(f),

  • in rule 13(4)(b) the words “local counting area,”,

  • in rule 18(10) the words “*EUROPEAN PARLIAMENTARY ELECTION ([Specify colour] ballot paper) Vote ONLY ONCE by putting a cross [X] in the box next to your choice.”,

  • in rule 37(7)(a) the words “local counting area,”,

  • in the Appendix of Forms, in Form 6 the words “*European Parliamentary election ([insert colour] ballot paper) •[Vote only once by putting a cross x in the box next to your choice.]”,

  • in the Appendix of Forms, in Form 14 the words “*[Election of Members of the European Parliament for the [insert name of Region, e.g. ‘North-West Region’]]”.

The European Parliamentary Elections (Amendment) Regulations 201357

The whole Regulations.

The European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 201358

The whole Regulations.

The Local Elections (Northern Ireland) Order 201359

Article 10 and the italic heading above it;

The Schedule.

The European Parliamentary Elections (Anonymous Registration) (Northern Ireland) Regulations 201460

The whole Regulations.

The Combined Authorities (Mayoral Elections) Order 201761

In article 2

  • the definition of “European Parliamentary election”,

  • paragraph (b) of the definition of “relevant election or referendum”;

In Schedule 3

  • in rule 2(1) the definition of “local counting area”,

  • in rule 23(4)(b) the words “, local counting area”,

  • in rule 28(8)(b) the words “*EUROPEAN PARLIAMENTARY ELECTION ([Specify colour] ballot paper) Vote ONLY ONCE by putting a cross [X] in the box next to your choice.”,

  • in rule 50(8)(a) the words “local counting area”,

  • in the Appendix of Forms, in Form 7(1) the words the words “*European Parliamentary election ([insert colour] ballot paper) • [Vote only once by putting a cross x in the box next to your choice.]”

  • in the Appendix of Forms, in Form 14 the words “*[Election of Members of the European Parliament for the [insert name of Region, e.g. ‘North-West Region’]]”;

Schedule 4, paragraph 1.

The European Political Parties and European Political Foundations Regulations 201762

The whole Regulations.

The European Parliamentary Elections Act 2002 (Amendment) Regulations 201863

The whole Regulations.

Table 2

Instrument revoked

Extent of revocation

Council Decision 76/787/ECSC, EEC, Euratom of 20 September 1976 and the Act concerning the election of members of the European Parliament by direct universal suffrage, annexed to that Decision.

The whole Decision.

Council Decision 2002/772/EC, Euratom, Council Decision of 25 June and 23 September 2002 amending the Act concerning the election of the representatives of the European Parliament by direct universal suffrage, annexed to Decision 76/787/ECSC, EEC, Euratom

The whole Decision.

Regulation (EU, Euratom) No 1141/2014 of the European Parliament and of the Council of 22 October 2014 on the statute and funding of European political parties and European political foundations

The whole Regulation.

Regulation (EU, Euratom) 2018/673 of the European Parliament and of the Council of 3 May 2018 amending Regulation (EU, Euratom) No 1141/2014 on the statute and funding of European political parties and European political foundations

The whole Regulation.

SCHEDULE 2Amendments

Regulation 5

PART 1Amendments to Acts

Parliamentary Constituencies Act 19861

1

The Parliamentary Constituencies Act 198664 is amended as follows.

2

In rule 5(2) of Schedule 2 for “boundaries of the electoral regions” to the end substitute “boundaries of the English regions specified in sub-paragraph (2A) as they exist on the most recent ordinary council-election day before the review date”.

3

After rule 5(2) insert—

2A

The English regions listed in column (1) of the Table below comprise the areas specified in column (2) of the Table (and a reference to an area specified in column (2) of the Table is to that area as it is for the time being).

Table

(1)

(2)

Name of Region

Area included

East Midlands

County of Derby

County of Derbyshire

County of Leicester

County of Leicestershire

County of Lincolnshire

County of Northamptonshire

County of Nottingham

County of Nottinghamshire

County of Rutland

Eastern

County of Bedford

County of Central Bedfordshire

County of Cambridgeshire

County of Essex

County of Hertfordshire

County of Luton

County of Norfolk

County of Peterborough

County of Southend-on-Sea

County of Suffolk

County of Thurrock

London

Greater London

North East

County of Darlington

County of Durham

County of Hartlepool

County of Middlesbrough

County of Northumberland

County of Redcar and Cleveland

County of Stockton-On-Tees

County of Tyne and Wear

North West

County of Blackburn with Darwen

County of Cheshire East

County of Cheshire West and Chester

County of Cumbria

County of Greater Manchester

County of Halton

County of Lancashire

County of Merseyside

County of Warrington

South East

County of Berkshire

County of Brighton and Hove

County of Buckinghamshire

County of East Sussex

County of Hampshire

County of Isle of Wight

County of Kent

County of the Medway Towns

County of Milton Keynes

County of Oxfordshire

County of Portsmouth

County of Southampton

County of Surrey

County of West Sussex

South West

County of Bath and North East Somerset

County of Bournemouth

County of the City of Bristol

County of Cornwall

County of Devon

County of Dorset

County of Gloucestershire

County of North Somerset

County of Plymouth

County of Poole

County of Somerset

County of South Gloucestershire

County of Swindon

County of Torbay

County of Wiltshire

Isles of Scilly

West Midlands

County of Herefordshire

County of Shropshire

County of Staffordshire

County of Stoke-on-Trent

County of Telford and Wrekin

County of Warwickshire

County of West Midlands

County of Worcestershire

Yorkshire and the Humber

County of the City of Kingston upon Hull

County of the East Riding of Yorkshire

County of North East Lincolnshire

County of North Lincolnshire

County of North Yorkshire

County of South Yorkshire

County of West Yorkshire

County of York

4

In paragraph 9 of Schedule 2A for the definition of “English region” substitute—

  • “English region” means a region specified in rule 5(2A) of Schedule 2 as the region existed on the day referred to in rule 5(2) of that Schedule;

Reserve Forces Act 19962

In section 125(a) of the Reserve Forces Act 199665 for “a Member of the Northern Ireland Assembly or a Member of the European Parliament” substitute “or a Member of the Northern Ireland Assembly”.

Greater London Authority Act 19993

In section 25(1) of the Greater London Authority Act 199966—

a

after paragraph (a) insert “or”; and

b

omit paragraphs (b) and (ba).

Political Parties, Elections and Referendums Act 20004

1

The Political Parties, Elections and Referendums Act 200067 is amended as follows.

2

In section 28(8)—

a

at the end of paragraph (a) insert “and”;

b

omit paragraphs (c) and (d).

3

In section 60(1) for the words “In relation to courts in any part of the United Kingdom, provision” substitute “Provision”.

4

In section 88(2)—

a

at the end of paragraph (cc) insert “or”;

b

omit paragraphs (d) and (e).

5

In section 92(7) for “(11)” substitute “(10)”.

6

In section 162(4) for “subsections (3) and (3A)” substitute “subsection (3)”.

7

In paragraph 2(1)(a) of Schedule 8A for sub-paragraph (ii) substitute—

ii

a broadcast made by the British Broadcasting Corporation or by Sianel Pedwar Cymru, or

8

In Schedule 9, in each of the following provisions for “4, 5, 6, 7 or 8” substitute “5, 6 or 7”—

a

paragraph 9(1)(a)(ii) and (b);

b

paragraph 9(2)(a);

c

paragraph 9(3)(b);

d

paragraph 10(1)(b);

e

paragraph 10(3)(b);

f

paragraph 10(4)(a);

g

paragraph 10(5);

h

paragraph 11(1)(b);

i

paragraph 11(3)(b);

j

paragraph 11(5)(a)(i);

k

paragraph 11(6).

9

In the heading before paragraph 11 of Schedule 9 for “paragraphs 4 to 8” substitute “paragraphs 5 to 7”.

10

In paragraph 11 of Schedule 9, in each of the following provisions for “4, 5, 7 or 8” substitute “5 or 7”—

a

subparagraph (4);

b

subparagraph (5)(a)(ii).

11

In Schedule 10, in each of the following provisions for “4 to 8” substitute “5 to 7”—

a

paragraph 9(1)(a)(ii) and (b)(ii);

b

paragraph 9(2);

c

paragraph 10(1)(b);

d

paragraph 11(1)(a).

12

In Schedule 10, in each of the following provisions for “4, 5, 6, 7 or 8” substitute “5, 6 or 7”—

a

paragraph 9(3)(b);

b

paragraph 10(3)(b);

c

paragraph 10(4)(a);

d

paragraph 10(5);

e

paragraph 11(3)(b);

f

paragraph 11(5)(a)(i);

g

paragraph 11(6).

13

In the heading before paragraph 11 of Schedule 10 for “paragraphs 4 to 8” substitute “paragraphs 5 to 7”.

14

In paragraph 11 of Schedule 10, in each of the following provisions for “4, 5, 7 or 8” substitute “5 or 7”—

a

subparagraph (4);

b

subparagraph (5)(a)(ii).

PART 2Amendments to secondary legislation

Local Government Officers (Political Restrictions) Regulations 19905

1

The Local Government Officers (Political Restrictions) Regulations 199068 is amended as follows.

2

In regulation 2 for “a member State” substitute “the United Kingdom”.

3

In the Schedule omit paragraph 1(b), but not the “or”.

Representation of the People (England and Wales) Regulations 20016

In Regulation 42 of the Representation of the People (England and Wales) Regulations 200169—

a

in paragraph (1)—

i

for “Paragraphs (3) to (7)” substitute “Paragraphs (3), (5) and (6)”;

ii

for the words from “of the four registers” to “European Parliamentary overseas electors)” substitute “of the two registers (those of: parliamentary electors and local government elections);

b

omit paragraphs (4) and (7).

Local Authorities (Mayoral Elections) (England and Wales) Regulations 20077

In Table 2 of Schedule 2 to the Local Authorities (Mayoral Elections) (England and Wales) Regulations 200770—

a

in the first column omit the words “, European Parliamentary”;

b

in the first row of the second column for the words from “In subsection (1),” to “paragraphs (a) to (c),” substitute—

In subsection (1), at the end of paragraph (b), insert—

or,

d

a mayoral election and an election of one or more of the descriptions specified in paragraph (b),

c

in the second row of the second column for “subsections (5) and (5A)” substitute “subsection (5)”.

Representation of the People (Northern Ireland) Regulations 20088

In Regulation 51 of the Representation of the People (Northern Ireland) Regulations 200871—

a

in paragraph (1)—

i

for “Paragraphs (3) to (7)” substitute “Paragraphs (3), (5) and (6)”;

ii

for the words from “of the four registers” to “European Parliamentary overseas electors)” substitute “of the two registers (those of: parliamentary electors and local electors)”;

b

omit paragraphs (4) and (7).

Electoral Law (Polling Station Scheme) (Northern Ireland) Regulations 20109

In regulation 7(4) of the Electoral Law (Polling Station Scheme) (Northern Ireland) Regulations 201072—

a

after paragraph (b) insert “or”;

b

omit paragraph (d) and the preceding “or”.

Local Authorities (Conduct of Referendums) (England) Regulations 201210

In Schedule 4 to the Local Authorities (Conduct of Referendums) (England) Regulations 201273—

a

in the first column of Table 2 omit the word “, European”;

b

in the second column of Table 2 for the words from “After subsection (1)(c)” to “paragraphs (a) to (c),” substitute—

After subsection (1)(b) insert—

or

d

a referendum and an election of one or more of the descriptions specified in paragraph (b),

c

in Table 6 in the row providing for the modification of Regulation 65 (combination of polls), in the second column omit the words “, European Parliamentary”;

d

in Table 6 in the row providing for the modification of “Schedule 3, Form E”, in the second column—

i

for “After “European Parliamentary electoral area” insert “Referendum voting area…”.” substitute “After “Local government electoral area(s)” insert “Referendum voting area…”.”,

ii

for “After the words “*[European Parliamentary] election”, in both places where they occur, insert “*[referendum]”.” substitute “After the words “*[local government] election” in both places where they occur, insert “*[referendum]”.”,

iii

for “After the words “*[European Parliamentary electoral region]”, in both places where they occur, insert “*[voting area]”.” substitute “After the words “*[electoral area], in both places where they occur, insert “*[voting area]”.”

Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 201211

In Schedule 4 to the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 201274—

a

in the first column of Table 2 omit the word “, European”;

b

in Table 6 in the row providing for the modification of “Regulation 65 (combination of polls)”, in the second column omit the words “European Parliamentary”;

c

In Table 6 in the row providing for the modification of “Schedule 3, Form E”, in the second column—

i

for “After “European Parliamentary electoral area” insert “Referendum voting area…”.” substitute “After “Local government electoral area(s)” insert “Referendum voting area…”.”,

ii

for “After the words “*[European Parliamentary] election”, in both places where they occur, insert “*[referendum]”.” substitute “After the words “*[local government] election” in both places where they occur, insert “*[referendum]”.”,

iii

for “After the words “*[European Parliamentary electoral region]”, in both places where they occur, insert “*[voting area]”.” substitute “After the words “*[electoral area], in both places where they occur, insert “*[voting area]”.”.

Police and Crime Commissioner Elections Order 201212

Paragraph 42A(5)(a) of Schedule 2 to the Police and Crime Commissioner Elections Order 201275 is amended as follows—

a

at the end of subparagraph (iv) insert “or”;

b

omit subparagraph (vi) and the preceding “or”.

Neighbourhood Planning (Referendums) Regulations 201213

1

The Neighbourhood Planning (Referendums) Regulations 201276 are amended as follows.

2

In regulation 12(6)—

a

at the end of subparagraph (a) insert “and”;

b

omit subparagraph (c) and the preceding “and”.

3

In Schedule 4—

a

in the first column of Table 2 omit the word “, European”;

b

in Table 6 in the row providing for the modification of “Regulation 65 (combination of polls)”, in the second column omit the words “, European Parliamentary”;

c

in Table 6 in the row providing for the modification of “Schedule 3, Form E” in the second column—

i

for “After “European Parliamentary electoral area” insert “Neighbourhood area…”.” substitute “After “Local government electoral area(s)” insert “Neighbourhood area…”.”,

ii

for “After the words “*[European Parliamentary] election”, in both places where they occur, insert “*[referendum]”.” substitute “After the words “*[local government] election” in both places where they occur, insert “*[referendum]”.”,

iii

for “After the words “*[European Parliamentary electoral region]”, in both places where they occur, insert “*[neighbourhood area]”.” substitute “After the words “*[electoral area], in both places where they occur, insert “*[neighbourhood area]”.”.

Combined Authorities (Mayoral Elections) Order 201714

1

The Combined Authorities (Mayoral Elections) Order 201777 is amended as follows.

2

In paragraph 2(2) of Schedule 2—

a

omit the words “, European Parliamentary”;

b

for paragraph (a) substitute—

a

in subsection (1), at the end of paragraph (b), there were inserted—

ca

a combined authority mayoral election and an election of one or more of the descriptions specified in paragraph (b) or a local authority mayoral election,

c

in paragraph (b) for “subsections (5) and (5A)” substitute “subsection (5)”.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations are made in exercise of the powers conferred by sections 8(1), 23(1) and (6) and 24(3) of, and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018 (c. 16).

Regulations 3 to 5 of, and Schedules 1 and 2 to, these Regulations make consequential provision following the repeal of the European Parliamentary Elections Act 2002 (c. 24) and the European Parliament (Representation) Act 2003 (c. 7) by that Act. They also make provision to address failures of retained EU law to operate effectively and other deficiencies (in particular under section 8(2)(a), (b) and (g) of the European Union (Withdrawal) Act 2018 arising from the withdrawal of the United Kingdom from the European Union, and in particular that the UK will no longer have representation in the European Parliament or participate in elections to the European Parliament.

Part 1 of Schedule 1 and Part 1 of Schedule 2 repeal and amend provisions in primary legislation. Table 1 in Part 2 of Schedule 1 revokes provisions in secondary legislation, and Part 2 of Schedule 2 amends provisions in secondary legislation. Table 2 in Part 2 of Schedule 1 revokes provisions in retained direct EU legislation.

Regulation 6 makes saving provision in relation to the repeal of the European Parliamentary electoral regions provided for in Schedule 1 to the European Parliamentary Elections Act 2002 for the purposes of the European Parliament (Pay and Pensions) Act 1979.

An impact assessment has not been produced for these Regulations as no impact on the private or voluntary sectors is foreseen.