Electoral (Amendment) Act 2009

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Substitution of rules 2 to 5 of Second Schedule to European Parliament Elections Act 1997.

11.— The Second Schedule to the European Parliament Elections Act 1997 is amended by substituting the following rules for rules 2 to 5:

“Notice of election.

2.— The returning officer shall, not later than the twenty-eighth day (disregarding any excluded day) before the polling day, give public notice in the form directed by the Minister of the European election (in this Schedule referred to as the ‘notice of election’) stating—

(a) the times for receiving nominations,

(b) the requirement on candidates referred to in section 12(2) to secure 60 assents or make a deposit in accordance with section 13,

(c) the times and place at which nomination papers, replacement candidates lists and the forms of statutory declaration referred to in rule 6 may be obtained,

(d) the times and place at which the returning officer will attend to receive nominations, and

(e) the day and the period fixed for the holding of the poll if the election is contested.

Register of Political Parties.

3.— On the day (disregarding any excluded day) before the latest date for the publication of the notice of election, the Registrar of Political Parties shall send to each returning officer a copy of the Register of Political Parties.

Necessity for nomination.

4.— A person shall not be entitled to have his or her name inserted in a ballot paper as a candidate at a European election unless that person has been nominated in the manner provided by this Act and the person's nomination paper has been ruled as valid by the returning officer.

Nomination of candidates.

5.— (1) Each candidate shall be nominated by a separate nomination paper in the prescribed form. The form of nomination paper may include—

(a) a note of the qualifications, disqualifications and incapacities as regards election to and membership of the Parliament,

(b) a note of the provisions that apply under this Act to the nomination of a candidate referred to in section 12(2), including—

(i) the fact that a candidate referred to in section 12(2) may either follow the procedure for assenting under section 12(2)(a) and (3) or make a deposit under section 13,

(ii) the procedure for assenting under section 12(2)(a) and (3), and

(iii) the procedure for making a deposit under section 13,

(c) a form of statement indicating whether the candidate is—

(i) a citizen of Ireland or a British citizen, or

(ii) a national of a Member State, other than the State or the United Kingdom,

and

(d) a form of declaration, to be signed by the candidate or the candidate's proposer, that he or she has read the note referred to in paragraph (a) and believes that—

(i) the information furnished in the nomination paper is correct in all material respects, and

(ii) the candidate is eligible for election, has consented to the nomination, does not stand validly nominated in respect of any other constituency and is not a candidate at the election in any other Member State.

(2) Each nomination paper shall state the names (the surname being stated first) and the address and the occupation (if any) of the candidate.

(3) (a) A candidate may include in the nomination paper the name of the registered political party of which he or she is a candidate or the name of such political party together with the name of any political group noted on the Register of Political Parties in relation to that political party, provided that, at the time the nomination paper is delivered to the returning officer, a certificate in the form directed by the Minister (in this Schedule referred to as a ‘certificate of political affiliation’) authenticating the candidature is produced to the returning officer, being a certificate signed by the officer or officers of such party whose name or names appear in the said Register pursuant to section 25(7)(d) of the Act of 1992. Where such a certificate is produced, the returning officer, provided he or she is satisfied that it is appropriate to do so in relation to the candidate, shall cause—

(i) a statement of the name of the relevant political party and a copy of the political party’s emblem as registered in the said Register to be specified in relation to the candidate on all the ballot papers, and

(ii) a statement of the name of the relevant political party to be specified in relation to the candidate on notices.

(b) Where a candidate includes in the nomination paper a statement of the name of a political group in addition to the name of a political party, the returning officer, provided he or she is satisfied that it is appropriate to do so in relation to the candidate, shall cause a statement of the name of such political group in addition to the name of such party to be specified on all such ballot papers and notices.

(4) Where a candidate is not the candidate of a registered political party, the candidate shall be entitled to enter after his or her name on the nomination paper the expression ‘Non-Party’ and, if the candidate does so, the returning officer shall cause a statement of that expression to be specified in relation to the candidate on all the ballot papers and on notices.

(5) A person to whom paragraph (4) applies may include in the nomination paper the name of any political group formed in accordance with the rules of procedure of the Parliament of which he or she is a member, provided that, at the time the nomination paper is delivered to the returning officer, a certificate (in this Schedule referred to as a ‘certificate of European political affiliation’) is also produced to the returning officer, being a certificate signed by a member of the Secretariat of the relevant political group that the person in question is a member of the political group formed in accordance with the rules of procedure of the Parliament and named in the certificate. Where such a certificate is produced, the returning officer, provided he or she is satisfied that it is appropriate to do so in relation to the candidate, shall cause a statement of the name of such political group, in addition, where appropriate, to the expression ‘Non-Party’, to be specified in relation to the candidate on all the ballot papers and on notices.

(6) Every reference in this rule to the Register of Political Parties shall be construed as a reference to the copy of that Register sent to the returning officer pursuant to rule 3.”.