Citation, commencement, extent, application and interpretation

1.  (1)  These Regulations may be cited as the European Parliamentary Elections (Northern Ireland) (Amendment) Regulations 2013.

(2) These Regulations come into force on 1st January 2014.

(3) These Regulations shall have effect in relation to vacancies arising on or after the day on which they come into force.

(4) These Regulations extend to Northern Ireland only.

(5) In these Regulations, a reference to a numbered regulation, rule or Schedule means the regulation, rule or Schedule so numbered in the European Parliamentary Elections (Northern Ireland) Regulations 2004(6).

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

2.  In regulation 2 (interpretation)(7), after the definition of "registration officer" insert-

""relevant disqualifying decision" has the meaning given by section 10(5A) of the 2002 Act(8);".

3.  In regulation 5 (polling districts and places), in paragraph (2)-

(a)for "parliamentary" substitute "local"; and

(b)for "those responsible for designating parliamentary polling districts and places" substitute "the Chief Electoral Officer for Northern Ireland".

4.  (1)  Regulation 29 (offences in connection with candidature)(9) is amended as follows.

(2) In paragraph (1), for "required by rule 7(1)" substitute "made under regulation 76I(3) or rule 7(4)".

(3) After paragraph (1) insert-

"(1A) A person is guilty of an illegal practice who, in the case of a general European Parliamentary election, consents to-

(a)nomination as a candidate in the electoral region, and

(b)nomination as an individual candidate, or being nominated in a list submitted by a registered party, in another electoral region.

(1B) In this regulation, "registered party" means a party registered under Part 2 of the 2000 Act.".

5.  In regulation 76H (by-elections)(10), in paragraph (1) for "76I(4)" substitute "76I(8)(b)".

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(11), 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).".

7.  After regulation 115 insert-

"Requirement to provide information about candidate standing in other member State

115A.  (1)  This regulation applies when the Secretary of State receives a notice from another member State in accordance with Article 6 of Council Directive 93/109/EC that a person who falls to be treated as a national of the United Kingdom for the purposes of the EU treaties has made a declaration in that member State under Article 10 of that Directive.

(2) The Secretary of State must, within the period specified in paragraph (3), provide the member State with any information that is available to the Secretary of State as to whether the person has been deprived of the right to stand as a candidate at European Parliamentary elections through a relevant disqualifying decision in the United Kingdom.

(3) The period referred to in paragraph (2) is five days calculated in accordance with rule 2 of Schedule 1 and beginning with the day the notice is received by the Secretary of State, or such shorter period as is requested by the member State if it is possible for the Secretary of State to provide the information within that period.".

Amendment of Schedule 1 to the European Parliamentary Elections (Northern Ireland) Regulations 2004

8.  In Schedule 1 (European Parliamentary elections rules)(12), for rule 7 (candidature by relevant citizen of the Union), substitute-

"Candidature by relevant citizen of the Union

7.  (1)  A candidate who is a relevant citizen of the Union is not validly nominated as a candidate unless one of Conditions A and B is met.

(2) Condition A is that a declaration under paragraph (4) is delivered to the principal office of the returning officer between the hours of 10 a.m. and 4 p.m. on any day, 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;

(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 through a relevant disqualifying decision in that State 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 7A, "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.".

9.  In Schedule 1, after rule 7, insert-

"Request for information where candidate is relevant citizen of the Union

7A.  (1)  This rule applies where the candidate is a relevant citizen of the Union and the Secretary of State has received a copy of a declaration in accordance with rule 7(6).

(2) The Secretary of State must send a notice to the designated contact point in the member State of which the candidate is a national.

(3) The notice referred to in paragraph (2)-

(a)must notify the member State of the declaration made by the candidate under rule 7(4);

(b)must ask whether the candidate 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.

(4) The Secretary of State must send to the returning officer a copy of any response to the notice as soon as practicable after the response is received."

10.  (1)  In Schedule 1, rule 11 (decisions as to validity of nomination papers) is amended as follows.

(2) In paragraph (1), for "a declaration and certificate under rule 7(1) and (3)" substitute "a declaration under rule 7(4) or, as the case may be, a declaration under rule 7(4) and information under rule 7(5)".

(3) In paragraph (2)-

(a)at the end of sub-paragraph (b) omit "or"; and

(b)at the end of sub-paragraph (c) insert "or" and after that paragraph insert-

"(d)the candidate is a relevant citizen of the Union and the returning officer has received, under rule 7A(4), information that the candidate has 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."

11.  (1)  In Schedule 1, rule 39 (voting procedure) is amended as follows.

(2) At the end of paragraph (7) insert "and includes a Community licence within the meaning of those enactments".

(3) After paragraph (10) insert-

"(10A) A voter who at the close of the poll is in the polling station, or in a queue outside the polling station, for the purpose of voting is (despite the close of the poll) entitled to apply for a ballot paper under paragraph (1); and these rules apply in relation to such a voter accordingly.".

12.  (1)  In Schedule 1, rule 52 (interpretation of rules 53 to 63) is amended as follows.

(2) In the definition of "continuing candidate", after "excluded" insert "under rule 55 or 59".

(3) In the definition of "count", for "excluded candidates" substitute "candidates excluded under rule 55 or 59".

(4) After the definition of "deemed to be elected" insert-

""ineligible candidate" means a candidate in relation to whom the returning officer has, since the publication of the statement of candidates nominated, received-

(5) In the definition of "preference", in paragraph (b), after "excluded" insert "under rule 55 or 59".

13.  In Schedule 1, in rule 54 (rejected ballot papers), in paragraph (3), after "paragraph (1)" insert "or under rule 55(1F)".

14.  (1)  In Schedule 1, rule 55 (first stage) is amended as follows.

(2) In the heading, for "First stage" substitute "Initial stages".

(3) After paragraph (1) insert-

"(1A) Where one or more of the candidates is an ineligible candidate the returning officer must-

(a)exclude each ineligible candidate from the election at this stage, and

(b)take the steps in paragraphs (1B)-(1G) before proceeding to count the number of first preference votes under paragraph (2).

(1B) The returning officer must sort all the ballot papers on which a first preference is indicated for any ineligible candidate into two sub-parcels so that they are grouped as-

(a)ballot papers on which a next available preference is given, and

(b)ballot papers on which no such preference is given(13).

(1C) The returning officer must transfer each sub-parcel of ballot papers referred to in paragraph (1B)(a) to the candidate for whom the next available preference is given on those papers.

(1D) The next available preference on a ballot paper transferred under paragraph (1C) must be treated as a first preference vote for the purpose of these rules(14), and in any subsequent transfer of ballot papers under these rules the next available preference must be treated as indicating a "second preference", "third preference" and so on.

(1E) All ballot papers transferred under paragraph (1C) must be clearly marked, either individually or as a sub-parcel, so as to indicate that the vote has been transferred from an ineligible candidate.

(1F) The sub-parcel of ballot papers referred to in paragraph (1B)(b) must be-

(a)treated as void and not counted; and

(b)dealt with in accordance with rule 54(2) to (4).

(1G) Where a ballot paper is so marked that it is unclear to the returning officer for which candidate the next preference is recorded, the returning officer must treat that ballot paper as a ballot paper on which no next available preference is given, and a ballot paper must be so treated where, for example, the names of two or more candidates are so marked that, in the opinion of the returning officer, the same order of preference is indicated or the numerical sequence is broken.

(1H) The exclusion of a candidate under this rule constitutes a stage of the count.".

15.  (1)  In Schedule 1, rule 59 (exclusion of candidates) is amended as follows.

(2) In paragraphs (2)(b) and (6), after "excluded" insert "under rule 55 or this rule".

(3) In paragraph (4) after "exclusion" insert "under paragraph (1)".

16.  In Schedule 1, in rule 63 (decisions of returning officer), before "59" insert "55 or".

17.  In Schedule 1, in rule 64 (declaration of result), after paragraph (1)(c)(i) insert-

"(ia)the names of any ineligible candidates;".

18.  (1)  In Schedule 1, rule 65 (return or forfeiture of candidate's deposit) is amended as follows.

(2) In paragraph (5), for "paragraph (4)" substitute "paragraphs (4) and (6)".

(3) After paragraph (5) insert-

"(6) Paragraph (5) does not apply where the candidate is an ineligible candidate within the meaning of rule 52."

19.  In Schedule 1, in rule 72 (party candidate), after paragraph (9) insert-

"(10) This rule does not apply where the deceased candidate is an ineligible candidate within the meaning of rule 52."

Amendment of Schedule 2 to the European Parliamentary Elections (Northern Ireland) Regulations 2004

20.  In Schedule 2 (absent voters)(15), after paragraph 2 (general requirements for applications for an absent vote) insert-

"Additional requirement for applications for ballot papers to be sent to a different address to that in the register

2A.  (1)  Sub-paragraph (2) applies where-

(a)in the case of an application to vote by post under regulation 8(1), the addresses provided in accordance with regulation 8(8) and paragraph 2(2)(b) of this Schedule are different;

(b)in the case of an application to vote by post under regulation 9(1), the addresses provided in accordance with regulation 9(7) and paragraph 2(2)(b) of this Schedule are different;

(c)in the case of an application by a proxy to vote by post under regulation 11(4), the address provided in accordance with regulation 11(11) and the address of the applicant provided in accordance with paragraph 2(2)(c) of this Schedule are different.

(2) The application must set out why the applicant's circumstances will be or are likely to be such that the applicant requires the ballot paper to be sent to the address provided in accordance with, as the case may be, regulation 8(8), 9(7) or 11(11).

Additional requirement for applications for ballot papers to be sent to different address from that shown in the record kept under regulation 8(5) or regulation 9(5)

2B.  An application under-

(a)regulation 9(4) by a person ("A") shown as voting by post in the record kept under regulation 8(5); or

(b)regulation 11(7) by a person ("A") shown as voting by post in the record kept under regulation 11(5),

for A's ballot paper to be sent to a different address from that shown in the record must set out why A's circumstances will be or are likely to be such that A requires the ballot paper to be sent to that address.".

21.  (1)  In Schedule 2, paragraph 4 (additional requirements for applications on grounds of blindness or other disability) is amended as follows.

(2) In sub-paragraph (2) after "signed by" insert "a person who is registered in the register and who is".

(3) For sub-paragraph (2)(b) substitute-

"(b)a registered nurse(16);

(ba)a social worker registered under the principal part of the register maintained by the Northern Ireland Social Care Council under section 3 of the Health and Personal Social Services Act (Northern Ireland) 2001(17);".

(4) After sub-paragraph (3)(a) insert-

"(aa)that he is registered in the register;".

(5) In sub-paragraph (4)(a) for "the Health and Social Services Board" substitute "a Health and Social Care trust".

(6) For sub-paragraph (4)(b) substitute-

"(b)the application states that the applicant is in receipt of-

(i)the higher rate of attendance allowance (payable under section 65 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992)(18);

(ii)the highest rate of the care component or the higher rate of the mobility component (or both) of a disability living allowance (payable under section 72 and 73 of that Act)(19),

because of the disability specified in the application.".

(7) In sub-paragraph (5) for "a Health and Social Services Board" substitute "a Health and Social Care trust".

22.  (1)  In Schedule 2, paragraph 6 (additional requirements for applications in respect of a particular election) is amended as follows.

(2) For sub-paragraph (2)(d) substitute-

"(d)has not attested under this sub-paragraph more than one other application in respect of-

(i)the election for which the application he attests is made, or

(ii)that election taken together with a parliamentary or local election in Northern Ireland under section 15 of the 1985 Act, or an election to the Northern Ireland Assembly the poll for which is taking place on the same day.".

(3) For sub-paragraph (3)(e) substitute-

"(e)that he has not attested under sub-paragraph (2) more than one other application in respect of-

(i)the election for which the application he attests is made, or

(ii)that election taken together with a parliamentary or local election in Northern Ireland under section 15 of the 1985 Act, or an election to the Northern Ireland Assembly the poll for which is taking place on the same day.".

(4) In sub-paragraph (4)(b) after "signed by" insert "a person who is registered in the register and who is".

(5) After sub-paragraph (5)(a) insert-

"(aa)that he is registered in the register;".

(6) In sub-paragraph (6)(d) after "signed by" insert "a person who is registered in the register and who is".

(7) After sub-paragraph (7)(a) insert-

"(aa)that is he registered in the register;".

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make miscellaneous changes to the European Parliamentary Elections (Northern Ireland) Regulations 2004 (the "2004 Regulations"). In part these changes are made to transpose Council Directive 2013/1/EU of 20th December 2012, which makes amendments to Council Directive 93/109/EC of 6th December 1993 (laying down detailed arrangements for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for citizens of the Union residing in a Member State of which they are not nationals).

Regulations 2, 5 to 10 and 12 to 19 amend the 2004 Regulations to transpose the changes made by Council Directive 2013/1/EU. The content of the declaration that EU candidates are required to make is amended, the deadline for submission of that declaration is changed, and the requirement to provide a certificate from the member State of nationality is removed (regulation 8). The Secretary of State is required to notify another member State that one of its nationals has made a declaration and to ask if that person has been deprived of the right to stand as a candidate in that member State (regulation 9). If information is received before the deadline for nominations that shows that the EU candidate has been so deprived, the EU candidate's nomination will be declared invalid (regulation 10). Alternatively, if such information is received after the publication of the statement of candidates nominated, the EU candidate will be excluded from the election at the beginning of the count and the EU candidate's transferrable votes will be re-distributed on the basis of the next available preference. Any candidates who have submitted a notice of withdrawal after the publication of the statement of candidates nominated will also be excluded in this way (regulations 12 to 19).

If an EU candidate is put forward to fill a vacancy in the European Parliament as a nominee or a substitute under regulation 76C, 76D or 76G, the EU candidate must make a similar declaration and the Secretary of State is obliged to notify the member State of which the EU candidate is a national about that declaration. In order to allow time for a response from that member State, the Chief Electoral Officer must wait for an additional period of six working days before declaring the nominee or substitute to be elected. If the Chief Electoral Officer receives information during that period that the EU candidate has been deprived of the right to stand, the EU candidate will not be declared elected and a by-election will take place (regulations 5 to 6).

The Secretary of State is required to respond to a request from another member State for information about a UK national standing as a candidate at a European Parliamentary election in that member State (regulation 7). As with all of the Secretary of State's functions under the 2004 Regulations, this function may be exercised by the Lord President of the Council (see S.I. 2010/1837).

Regulation 3 changes the polling districts and places designated for European Parliamentary elections so that they are now the same as those used for local, rather than parliamentary, elections, unless the Chief Electoral Officer for Northern Ireland is satisfied that special circumstances make it desirable for some other polling district or place to be designated.

Regulation 4 makes it an offence in Northern Ireland for a person to stand as a candidate in a European Parliamentary election in more than one electoral region in the United Kingdom. This is already an offence in Great Britain.

Regulation 11 includes European Community licences within the definition of a "driving licence" under the rule which prescribes the documents that can be produced when a voter applies for a ballot paper. It also allows persons who are in the polling station or in a queue outside the polling station at the close of the poll to apply for a ballot paper.

Regulations 20 to 22 make amendments to the absent voting procedure at European Parliamentary elections in Schedule 2 to the 2004 Regulations to mirror changes made in relation to parliamentary and local elections by S.I. 2010/278 and S.I. 2010/2977. Applicants for a postal vote are required to give an explanation when applying for a ballot paper to be sent to a different address to that in the register or the registration officer's record (regulation 20). The provisions relating to applications for an absent vote on the grounds of blindness or other disability and applications for an absent vote at a particular election are amended (regulations 21 and 22).

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen. A copy of the transposition note in relation to the implementation of Council Directive 2013/1/EU can be obtained from the Northern Ireland Office, Constitutional Policy Team, 1 Horse Guards Road, London, SW1A 2HQ.