S.I. No. 203/2004 - European Parliament Elections (Forms) Regulations 2004

The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by section 3 of the European Parliament Elections Act 1997 (No. 2 of 1997) hereby makes the following Regulations:—

1. These Regulations may be cited as the European Parliament Elections (Forms) Regulations 2004.

2. The European Parliament Elections (Forms) Regulations 1998 ( S.I. No. 415 of 1998 ) are hereby revoked.

3. In these Regulations a reference to the Second Schedule is a reference to the Second Schedule to the European Parliament Elections Act 1997 .

4. The prescribed photographic identification for the purposes of section 12(1B)(d) of the said Act shall be a passport, driving licence, employee identity card containing a photograph, student identity card issued by an educational institution and containing a photograph; bank card with a photograph, travel document containing name and photograph; Temporary Residence Certificate card; Garda National Immigration Bureau card.

5. Each of the forms in Schedule 1 hereto shall in relation to elections to the European Parliament be the prescribed form for the purpose for which such form is expressed to be applicable.

6. The prescribed local authority offices for the purposes of section 12(1B)(a) for a European Parliament Constituency listed in column 1 of Schedule 2 shall be the offices listed in column 2 of Schedule 2.

SCHEDULE 1

NOMINATION PAPER FOR EUROPEAN PARLIAMENT ELECTIONS

Form EP2

(Second Schedule Rule 5(1))

(___________/____)

(month / year)

No. __________________________________

(To be inserted by returning officer)

PLEASE READ NOTES BEFORE COMPLETING FORM — PLEASE USE BLOCK CAPITALS

............................................................ ............................................................ ..................................

1. I nominate the person named under as a candidate for election to the European Parliament for the constituency of _____________________

2. I have read the notes on this form and I hereby declare that—

(a) the person named as a candidate—

(i) has consented to nomination;

(ii) is not a candidate at the election in any other constituency;

(iii) is not a candidate at the election in any other EU Member State; and

(b) to the best of my knowledge and belief, the person named as a candidate is eligible for election to the European Parliament.

PARTICULARS OF CANDIDATE

Surname		Other Names

Address		Occupation (if any)




		Please use BLOCK LETTERS

Name of Registered Political Party, if any

Name of European Parliament Political Group, if any

3. The person named above as a candidate is—

(i) a citizen of Ireland or a British citizen Yes No [tick, if appropriate]

Yes

[ ]

(ii) a national of an EU Member State other than Ireland Yes No or the United Kingdom [tick, if appropriate]

Yes

[ ]

NOTE: If the candidate is a national of a Member State other than Ireland or the United Kingdom, the nomination must be accompanied by a statutory declaration and an attestation — see section 7 of the notes on this form.

4. Please tick (1) or (2) below—

(1) Certificate of Political Affiliation attached	[ ]
or
(2) Assentors (60) signatures included at 8 below	[ ]

NOTE: See sections 2 and 3 of the notes on this form.

5. Please tick, as appropriate—

Photographs attached (see section 4 of notes) for inclusion on ballot paper.

Yes

[ ]

NOTE: The technical and other requirements for the photograph to be included on the ballot paper are set out in section 4 of the notes on this form.

6. [To be completed if the nomination is made by a person other than the candidate]

The proposer’s number and polling district letter on the register of electors for the county/city council of ________________ are ______________.

7. Signature of person making the nomination: _________________________

Address: _______________________________________________________________

_______________________________________________________________

Date: ___________________ Telephone No.: _________________

8. Local Authority		No. _____________ (To be inserted by local authority)
No.	Assentor’s Name BLOCK LETTERS	Assentor’s Signature	No. in Register of Electors	Identification document		Time/Date of Assentor’s Signature		Local Authority official’s signature
No.	Assentor’s Name BLOCK LETTERS	Assentor’s Signature	No. in Register of Electors	Type	No.	Time	Date	Local Authority official’s signature
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9. Decision of Returning Officer

I have ruled that this nomination paper is valid (or is invalid because ____________________

_______________________________________________________________________)

_______________________

Returning Officer

Date: __________________

TO BE HANDED OR SENT TO THE CANDIDATE

I have ruled that the nomination paper No. _____ of _____ is valid (or is invalid because _______

__________________________________________________________________________)

_______________________

Returning Officer

Date: __________________

Address: ___________________________________________________________________

Form EP2

Notes on Nomination Paper

These notes are for guidance only and do not purport to be a definitive statement of the law which is set out in sections 11 to 13, and rules 4 to 13 of the Second Schedule to the European Parliament Elections Act 1997 , as amended by section 2 of the Electoral (Amendment) Act 2002 .

1. Nomination

A candidate may be nominated for one constituency only and in only one Member State of the European Union. A candidate may nominate himself/herself or may, with his/her consent, be nominated by a proposer who is a registered European elector in the constituency.

2. Party/Non-Party Candidates

A nomination form from a candidate of a registered political party must have a certificate of political affiliation attached (see section 3). If no certificate is attached, the form must be assented to by 60 electors (excluding the candidate or proposer) who are registered as European electors in the constituency.

In such cases, the candidate/proposer must complete sections 1, 2 and 3 and lodge it in the prescribed local authority offices for the constituency for assenting by 60 electors. Sections 4, 5 and 6 (if appropriate) should be completed and the form should be signed and dated (section 7) before delivery to the returning officer.

IT IS THE RESPONSIBILITY OF THE CANDIDATE/PROPOSER TO ARRANGE FOR THE ASSENTORS TO VISIT THE PRESCRIBED LOCAL AUTHORITY OFFICES FOR THE CONSTITUENCY TO ASSENT TO THE FORM.

Each assentor MUST bring one of the following photographic documents for identification purposes — passport, driving licence, employee identity card containing a photograph, student identity card issued by an educational institution and containing a photograph, a bank card with a photograph, a travel document containing a photograph, Temporary Residence Certificate card, or a Garda National Immigration Bureau card. One of the documents MUST be produced to the local authority official.

IT IS THE RESPONSIBILITY OF THE CANDIDATE/PROPOSER TO COLLECT THE NOMINATION FORM WITH THE ASSENTORS SIGNATURES AND DELIVER IT TO THE RETURNING OFFICER BEFORE THE CLOSING TIME FOR RECEIPT OF NOMINATIONS.

3. Certificates of Political Affiliation and of European Political Affiliation

(a) A party candidate may include in the nomination paper the name of his/her registered political party, together with the name of any European Parliament political group noted on the Register of political Parties in relation to that party, provided a completed Certificate of Political Affiliation is produced to the returning officer with the nomination paper. The name of the party, or of the party and the political group, should be entered in the appropriate part of section 2 of this form.

(b) A non-party candidate may enter the words “Non-Party” in the part of section 2 of this form relating to a registered political party or may leave the space blank. A non-party candidate who is a sitting MEP may include on the nomination paper the name of the European Parliament political group of which he/she is a member, provided a completed Certificate of European Political Affiliation is produced to the returning officer with the nomination paper. This is a certificate signed by a member of the Secretariat of the relevant political group that the candidate is a member of the political group named in the certificate and formed in accordance with the rules and procedure of the European Parliament.

4. Candidate’s Photographs

If a candidate wishes to have his or her photograph included on the ballot paper, they must provide with the nomination paper:

• a photograph in digitised format on CD (passport size — 35 mm × 45 mm) in 300 dpi Jpeg (RGB-color); AND

• two identical printed copies of the photograph.

The photograph must be taken not more than 12 months prior to the date of the election and must be of good quality, in colour and taken to a professional standard, showing the candidate’s full face, head and shoulders only on a light background (any colour).

Each printed copy of the photograph must have the candidate’s name clearly shown on the back.

If the photograph does not comply with the above requirements, the returning officer may not include it on the ballot paper. If no photograph is supplied, the space for the candidate’s photograph will be left blank on the ballot paper.

THE ONUS IS ON THE CANDIDATE TO MEET THESE REQUIREMENTS.

5. Delivery of Nomination Paper

The completed nomination paper must be delivered to the returning officer in person by the candidate or proposer within the period fixed for the receipt of nominations.

6. Ruling on Nomination Paper

The returning officer will rule on the validity of the nomination paper within one hour of its delivery to him/her and may rule that it is invalid if he/she considers that it is not properly made out or signed. He/she is required to object to the candidate’s name if it:

(a) is not the name by which the candidate is commonly known,

(b) is misleading and likely to cause confusion,

(d) contains a political reference.

The returning officer is also required to object to a candidate’s description if it is, in his/her opinion, incorrect, insufficient to identify the candidate or unnecessarily long or contains a political reference other than one covered by section 3 of these notes or a reference to a public or elected office held, or formerly held, by the candidate. The ruling on the nomination paper may be attended by the candidate and proposer (if any), one other person designated by the candidate (or his/her proposer) and any other person authorised by the returning officer.

7. National of Member State other than Ireland or the United Kingdom

In the case of a candidate who is a national of an EU Member State other than Ireland or the United Kingdom, the returning officer is required to rule his/her nomination paper invalid if—

(a) it is not accompanied by:

(i) a statutory declaration made by the candidate on Form EP3 (which may be obtained from the returning officer) stating his/her nationality, the address in Ireland at which he/she is ordinarily resident, the locality/constituency where he/she was last registered as an elector in the home Member State and that the candidate is not a candidate at the election in any other Member State,

and

(ii) an attestation from the competent administrative authority of the candidate’s home Member State certifying that he/she has not been deprived, through an individual criminal law or civil law decision, of the right to be a candidate at the election in his/her home Member State or that no such disqualification is known to the competent authority concerned;

(b) the statutory declaration or attestation is not properly made out and signed.

8. Eligibility for election to the European Parliament

A person is not eligible for election to the European Palriament if he/she—

(a) is not a citizen of Ireland, or a national of an EU Member State who is ordinarily resident in the State, or

(b) is a citizen of Ireland contesting the election in any other Member State, or

(c) is a national of an EU Member State (other than the State or the United Kingdom) who has been deprived, through an individual criminal law or civil law decision, of the right to be a candidate under the law of the home Member State, or

(d) has not reached the age of 21 years on polling day, or

(e) holds the office of Minister of the Government or is a member of the Government of another member state, Judge or Comptroller and Auditor General, or

(f) is a member of the Commission of the European Communities, or

(g) is a Judge, Advocate General or Registrar of the Court of Justice of the European Communities or the Court of First Instance attached to that Court, or

(h) is a member of the Board of Directors of the European Central Bank, or

(i) is a member of the Court of Auditors of the European Communities, or

(j) is the Ombudsman of the European Communities, or

(k) is a member of the Economic and Social Committee of the European Community and of the European Atomic Energy Community, or

(l) is a member of a committee or other body established pursuant to the Treaties establishing the European Community and the European Atomic Energy Community for the purpose of managing the Communities’ funds or performing a permanent direct administrative task, or

(m) is a member of the Board of Directors, Management Committee or staff of the European Investment Bank, or

(n) is an active official or servant of the institutions of the European Communities or any of the specialised bodies attached to these institutions or the European Central Bank, or

(o) is a member of the Garda Síochána, or

(p) is a wholetime member of the Defence Forces as defined in section 11 (4) of the Electoral Act 1992 , or

(q) is a civil servant who is not by the terms of his/her employment expressly permitted to be a member of the European Parliament, or

(r) is a person of unsound mind, or

(s) is undergoing a sentence of imprisonment for any term exceeding six months imposed by a court of competent jurisdiction in the State, or

(t) is an undischarged bankrupt under an adjudication by a court of competent jurisdiction in the State.

9. Withdrawal of nomination

A candidate may withdraw his/her nomination up to 12 noon on the day (disregarding any excluded day) after the latest date for receiving nominations. The notice of withdrawal to the returning officer must be signed by the candidate and delivered in person by the candidate or proposer. Where the returning officer is satisfied that a candidate wishes to withdraw and that the candidate and proposer cannot attend in person, the returning officer will accept a notice of withdrawal, signed by the candidate and by the person delivering it, which is received by the latest time for withdrawal.

10. Penalties

A person is liable to a fine or imprisonment or both under the European Parliament Elections Act 1997 for—

(1) nominating a candidate or withdrawing a candidature without the candidate’s consent,

(2) producing to the returning officer a forged nomination paper or certificate of either political affiliation or European political affiliation,

(3) making a false declaration that a candidate is eligible for election or has consented to nomination or does not stand validly nominated in any other constituency or is not a candidate at the election in any other Member State,

(4) producing a forged attestation regarding eligibility for election from the competent administrative authority of the candidate’s home Member State,

(5) offering or accepting bribes or exercising undue influence in relation to a candidature or the withdrawal, or non-withdrawal, of a candidature.

Form EP3

(Second Schedule Rules 6(1)(a) and 19(2)(a))

STATUTORY DECLARATION BY A CANDIDATE OR A REPLACEMENT CANDIDATE WHO IS A NATIONAL OF A MEMBER STATE OTHER THAN THE STATE OR THE UNITED KINGDOM

I, __________________________________________________________________________ do solemnly and sincerely declare that:

(a) I am a national of the following Member State _______________________

(b) I am ordinarily resident in Ireland at the following address _____________________________

_________________________________________________________________________

(c) My name was last entered on the electoral roll in my home Member State in the #locality/constituency [#delete, as appropriate] of ________________

_____________________________________________________________________, and

(d) I am not standing as a candidate for election to the European Parliament in any other Member State,

and I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act 1938 , as amended by the Standards in Public Office Act 2001 .

Signature ________________________________________________________

Declared before me by __________________ who is personally known to me (or who is identified to me by ______________________ who is personally known to me) at __________________, this ___________ day of ___________________

Signature: __________________________________________________________________

Qualification#:_______________________________________________________________

(#Indicate whether Notary Public, Peace Commissioner or Commissioner for Oaths)

Address: ___________________________________________________________________

___________________________________________________________________

PENALTIES

A person who knowingly makes a false or misleading statutory declaration is liable on conviction to a fine not exceeding €2,539.48 or imprisonment for a term not exceeding six months or both.

Form EP4

(Second Schedule Rule 18(1))

REPLACEMENT CANDIDATES LIST

(Registered political parties)

IDENTIFYING LETTERS ______ (to be assigned by returning officer)

PLEASE READ NOTES BEFORE COMPLETING FORM

____________________________

Name of registered political party presenting replacement candidates list

__________________________________________________________________

Initials or Abbreviation of name of Party _____________________________

1. I/we nominate the person(s) named under, in the order stated (which order has been determined by the party), as replacement candidate(s) at the election of members to the European Parliment for the constituency of

_________________________________________________________________

REPLACEMENT CANDIDATE(S)			CITIZENSHIP/ NATIONALITY
SURNAME	OTHER NAME(S)	ADDRESS	IRELAND OR UK	OTHER MEMBER STATE
PLEASE USE BLOCK LETTERS			TICK AS APPROPRIATE
1.
2.
3.
4.
5.
6.
7.
8.

NOTE: If a replacement candidate, is a national of an EU Member State other than Ireland or the United Kingdom, the replacement candidates list must be accompanied by a statutory declaration and an attestation in respect of such replacement candidate — see section 2 of the notes on this form.

2. I/we have read the notes on this form and declare that—

(a) each of the persons named as a replacement candidate—

(i) has consented to nomination;

(ii) is, to the best of my/our knowledge and belief, eligible for election to the European Parliament, and

(b) none of the persons named as a replacement candidate—

(i) is a replacement candidate at the election in any other constituency;

(ii) is a candidate at the election in any other EU Member State.

NOTE: See section 4 of the notes on this form.

Signature(s) of authorised officer(s)

1. _________________________________________________________________________

2. _________________________________________________________________________

3. _________________________________________________________________________

Date: _______________________________________________________________________

............................................................ ............................................................ ............................

I rule that this replacement candidates list is valid (or is invalid because

___________________________________________________________________________

___________________________________________________________________________)

____________________________

RETURNING OFFICER

Date ________________________

Form EP4

Notes on REPLACEMENT CANDIDATES LIST

[Registered political party]

These notes are for guidance only and do not purport to be a definitive statement of the law which is contained in sections 11 and 12 of, and rules 17 to 19 of the Second Schedule to, the European Parliament Elections Act 1997 .

1. Nomination of replacement candidates

A person who is not eligible for election to the European Parliament may not be nominated as a replacement candidate.

A registered political party may nominate, with his/her/their consent, one or more persons to be replacement candidates in each constituency. A person who is a candidate at the election may be nominated as a replacement candidate.

The number of replacement candidates nominated by a registered political party in respect of a constituency may not exceed by more than four the number of candidates of that party standing validly nominated for the constituency at the latest time for withdrawal of candidature.

If the number of replacement candidates included in the list exceeds the maximum number permitted, the returning officer will delete from the list, commencing at the bottom, the number of replacement candidates by which the list exceeds the maximum permitted.

The names of replacement candidates must be listed in the order determined by the registered political party.

A person may not be nominated as a replacement candidate for more than one constituency.

A registered political party may present one replacement candidates list only in a constituency.

The replacement candidates list must be signed by the party’s authorised officer(s), viz. the person(s) whose name(s) is/are entered in the Register of Political Parties pursuant to section 25 (7)(d) of the Electoral Act 1992 .

The completed replacement candidates list must be delivered to the returning officer within the period fixed for receiving nominations. Delivery may be made by the authorised officer(s) who signed the list, or by a person who is a candidate of the party in the constituency concerned.

2. National of Member State other than Ireland or the United Kingdom

Where a person who is a national of an EU Member State other than Ireland or the United Kingdom is nominated as a replacement candidate, and is not nominated as a candidate in the constituency, the replacement candidates list must be accompanied by:—

(i) a statutory declaration made by the person on Form EP3 (which may be obtained from the returning officer) stating his/her nationality, the address in Ireland at which he/she is ordinarily resident, the locality/constituency where he/she was last registered as an elector in his/her home Member State and that the person is not a candidate at the election in any other Member State, and

(ii) an attestation from the competent administrative authority of the person’s home Member State certifying that he/she has not been deprived, through an individual criminal law or civil law decision, of the right to be a candidate at the election in his/her home Member State or that no such disqualification is known to the competent authority concerned.

If these documents are not furnished with the replacement candidates list or if the documents are not properly made out and signed, the returning officer is obliged to delete from the list the name of the person concerned.

3. Ruling on replacement candidates list

The returning officer will rule as invalid any list which is not properly made out or signed, if the list is not amended to his/her satisfaction.

4. Eligibility for election to the European Parliament

A person is not eligible for election to the European Palriament if he/she—

(a) is not a citizen of Ireland, or a national of an EU Member State who is ordinarily resident in the State, or

(b) is a citizen of Ireland contesting the election in any other Member State, or

(d) has not reached the age of 21 years on polling day, or

(e) holds the office of Minister of the Government or is a member of the Government of another member state, Judge or Comptroller and Auditor General, or

(f) is a member of the Commission of the European Communities, or

(g) is a Judge, Advocate General or Registrar of the Court of Justice of the European Communities or the Court of First Instance attached to that Court, or

(h) is a member of the Board of Directors of the European Central Bank, or

(i) is a member of the Court of Auditors of the European Communities, or

(j) is the Ombudsman of the European Communities, or

(k) is a member of the Economic and Social Committee of the European Community and of the European Atomic Energy Community, or

(m) is a member of the Board of Directors, Management Committee or staff of the European Investment Bank, or

(n) is an active official or servant of the institutions of the European Communities or any of the specialised bodies attached to these institutions or the European Central Bank, or

(o) is a member of the Garda Síochána, or

(p) is a wholetime member of the Defence Forces as defined in section 11 (4) of the Electoral Act 1992 , or

(q) is a civil servant who is not by the terms of his/her employment expressly permitted to be a member of the European Parliament, or

(r) is a person of unsound mind, or

(s) is undergoing a sentence of imprisonment for any term exceeding six months imposed by a court of competent jurisdiction in the State, or

(t) is an undischarged bankrupt under an adjudication by a court of competent jurisdiction in the State.

5. Withdrawal of replacement candidates list

A replacement candidates list may be withdrawn by notice in writing signed by the authorised officer(s) and handed to the returning officer by such officer(s) or by a party candidate in the constituency concerned within the period fixed for receiving nominations. Where, at the latest time for withdrawal of nominations, no party candidate stands nominated, the replacement candidates list for that party is deemed to have been withdrawn.

6. Penalties

A person is liable to a fine or imprisonment or both under the European Parliament Elections Act 1997 for—

(1) nominating a person as a replacement candidate without the person’s consent;

(2) making a false declaration that a person is eligible for nomination as a replacement candidate or does not stand validly nominated as either a replacement candidate in any other constituency or as a candidate in any other Member State;

(3) producing a forged attestation regarding eligibility for election from the competent administrative authority of the replacement candidate’s home Member State.

Form EP5

(Second Schedule Rule 18(1))

REPLACEMENT CANDIDATES LIST

(Non-party candidates)

IDENTIFYING LETTERS ________ (to be assigned by returning officer)

PLEASE READ NOTES BEFORE COMPLETING FORM

___________________________________

Name of non-party candidate presenting replacement candidates list:

Surname: _______________________________________________

Other name(s): ______________________________________________

1. I nominate the person(s) named under, in the order stated (which I have determined) as replacement candidate(s) at the election of members to the European Parliament for the constituency of

_________________________________________________________________

REPLACEMENT CANDIDATE(S)			CITIZENSHIP/ NATIONALITY
SURNAME	OTHER NAME(S)	ADDRESS	IRELAND OR UK	OTHER MEMBER STATE
PLEASE USE BLOCK LETTERS			TICK AS APPROPRIATE
1.
2.
3.

NOTE: If a replacement candidate is a national of an EU Member State other than Ireland or the United Kingdom, the replacement candidates list must be accompanied by a statutory declaration and an attestation in respect of such replacement candidate — see section 2 of the notes on this form.

2. I have read the notes on this form and declare that—

(a) each of the persons named as a replacement candidate—

(i) has consented to nomination;

(ii) is, to the best of my knowledge and belief, eligible for election to the European Parliament, and

(b) none of the persons named as a replacement candidate—

(i) is a replacement candidate at the election in any other constituency;

(ii) is a candidate at the election in any other EU Member State.

NOTE: See section 4 of the notes on this form.

Signature of non-party candidate: _________________________________________________

Address: ___________________________________________________________________

___________________________________________________________________

Date: ______________________________________________________________________

............................................................ ............................................................ ............................

I rule that this replacement candidates list is valid (or is invalid because

__________________________________________________________________________

__________________________________________________________________________)

____________________________

RETURNING OFFICER

Date ________________________

Form EP5

Notes on REPLACEMENT CANDIDATES LIST

[Non-party candidates]

1. Nomination of replacement candidates

A person who is not eligible for election to the European Parliament may not be nominated as a replacement candidate.

A non-party candidate may nominate, with their consent, up to three persons to be replacement candidates in the constituency. If the number of replacement candidates included in the list exceeds three, the returning officer will delete from the list, commencing at the bottom, the number of replacement candidates by which the list exceeds three.

The names of replacement candidates must be listed in the order determined by the non-party candidate.

A person may not be nominated as a replacement candidate for more than one constituency.

A non-party candidate may present one replacement candidates list only at an election.

The completed replacement candidates list, signed by the candidate, must be delivered to the returning officer by the candidate or proposer within the period fixed for receiving nominations.

2. National of Member State other than Ireland or the United Kingdom

Where a person who is a national of an EU Member State other than Ireland or the United Kingdom is nominated as a replacement candidate and is not also nominated as a candidate in the constituency, the replacement candidates list must be accompanied by:—

If these documents are not furnished with the replacement candidates list or if the documents are not properly made out or signed, the returning officer is obliged to delete from the list the name of the person concerned.

3. Ruling on replacement candidates list

The returning officer will rule as invalid any list which is not properly made out or signed, if the list is not amended to his/her satisfaction.

4. Eligibility for election to the European Parliament

A person is not eligible for election to the European Palriament if he/she—

(a) is not a citizen of Ireland, or a national of an EU Member State who is ordinarily resident in the State, or

(b) is a citizen of Ireland contesting the election in any other Member State, or

(d) has not reached the age of 21 years on polling day, or

(e) holds the office of Minister of the Government or is a member of the Government of another member state, Judge or Comptroller and Auditor General, or

(f) is a member of the Commission of the European Communities, or

(g) is a Judge, Advocate General or Registrar of the Court of Justice of the European Communities or the Court of First Instance attached to that Court, or

(h) is a member of the Board of Directors of the European Central Bank, or

(i) is a member of the Court of Auditors of the European Communities, or

(j) is the Ombudsman of the European Communities, or

(k) is a member of the Economic and Social Committee of the European Community and of the European Atomic Energy Community, or

(m) is a member of the Board of Directors, Management Committee or staff of the European Investment Bank, or

(n) is an active official or servant of the institutions of the European Communities or any of the specialised bodies attached to these institutions or the European Central Bank, or

(o) is a member of the Garda Síochána, or

(p) is a wholetime member of the Defence Forces as defined in section 11 (4) of the Electoral Act 1992 , or

(q) is a civil servant who is not by the terms of his/her employment expressly permitted to be a member of the European Parliament, or

(r) is a person of unsound mind, or

(s) is undergoing a sentence of imprisonment for any term exceeding six months imposed by a court of competent jurisdiction in the State, or

(t) is an undischarged bankrupt under an adjudication by a court of competent jurisdiction in the State.

5. Withdrawal of replacement candidates list

A replacement candidates list may be withdrawn by notice in writing signed by the candidate and handed to the returning officer by the candidate or proposer within the period fixed for receiving nominations. Where, at the latest time for withdrawal of nominations, the candidate has withdrawn or is deemed to have withdrawn, the replacement candidates list is deemed to have been withdrawn.

6. Penalties

A person is liable to a fine or imprisonment or both under the European Parliament Elections Act 1997 for—

(1) nominating a person as a replacement candidate without the person’s consent,

(2) making a false declaration that a person is eligible for nomination as a replacement candidate or does not stand validly nominated as either a replacement candidate in respect of any other constituency or as a candidate in any other Member State,

(3) producing a forged attestation regarding eligibility for election from the competent administrative authority of the replacement candidate's home Member State.

SCHEDULE 2


Column 1	Column 2
	Local Authority Offices
Constituency	Address
Dublin	Dublin City Council, Civic Offices, Wood Quay, Dublin 8. Dún Laoghaire/Rathdown County Council, Town Hall, Marine Road, Dún Laoghaire, Co. Dublin. Fingal County Council, Main Street, Swords, Co. Dublin. South Dublin County Council, County Hall, Tallaght, Dublin 24.
East	Carlow County Council, County Offices, Athy Road, Carlow. Kildare County Council, St. Mary’s, Naas, Co. Kildare. Kilkenny County Council, County Hall, John Street, Kilkenny. Laois County Council, County Hall, Portlaoise, Co. Laois. Longford County Council, Áras an Chontae, Great Water Street, Longford. Louth County Council, County Offices, Dundalk, Co. Louth. Meath County Council, County Hall, Navan, Co. Meath. Offaly County Council, Courthouse, Tullamore, Co. Offaly. Westmeath County Council, County Buildings, Mullingar, Westmeath. Wexford County Council, County Hall, Wexford. Wicklow County Council, Council Offices, Wicklow.
North-West	Cavan County Council, Courthouse, Cavan. Clare County Council, New Road, Ennis, Co. Clare. Donegal County Council, County House, Lifford, Co. Donegal. Galway County Council, County Hall, Prospect Hill, Galway. Galway City Council, City Hall, College Road, Galway. Leitrim County Council, Governor House, Carrick-on Shannon, Co. Leitrim. Mayo County Council, Áras an Chontae, Castlebar, Co. Mayo. Monaghan County Council, County Offices, The Glen, Monaghan. Roscommon County Council, Courthouse, Roscommon. Sligo County Council, Riverside, Sligo.
South	Cork County Council, County Hall, Cork. Cork City Council, City Hall, Cork. Kerry County Council, Áras an Chontae, Tralee, Co. Kerry. Limerick County Council, County Hall, Dooradoyle, Limerick. Limerick City Council, City Hall, Limerick. North Tipperary County Council, Courthouse, Nenagh, Co. Tipperary. South Tipperary County Council, Áras an Chontae, Clonmel, Co. Tipperary. Waterford County Council, Civic Offices, Dungarvan, Co. Waterford. Waterford City Council, City Hall, The Mall, Waterford.

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GIVEN under the Official Seal of the Minister for the Environment, Heritage and Local Government, this 6th day of May, 2004.

MARTIN CULLEN,

Minister for the Environment, Heritage and Local Government.

EXPLANATORY NOTE.

(This note is not part of the Instrument and does not purport to be a legal interpretation).

These regulations prescribe certain forms for use at elections of members to the European Parliament.