Electoral, Local Government and Planning and Development Act 2013

• Permanent Page URL

Amendment of rule 19 of Second Schedule to European Parliament Elections Act 1997

15. The Second Schedule to the European Parliament Elections Act 1997 is amended, in rule 19—

(a) in paragraph (1), by substituting “that apply, under rule 10, to the candidate to whom the replacement candidates list relates and” for “by rule 10 and”,

(b) by substituting the following paragraph for paragraph (2):

“(2) Where a person nominated as a replacement candidate on a replacement candidates list is a national of a Member State, other than the State or the United Kingdom, and a statutory declaration in conformity with rule 6(1) in respect of the person concerned has not been delivered to the returning officer for the constituency concerned pursuant to the said rule 6(1), there shall be delivered to the returning officer at the time of delivery of the replacement candidates list a statutory declaration in the prescribed form made by the person stating—

(a) the Member State of which the person is a national,

(b) the person’s date and place of birth,

(c) the person’s last address in the person’s home Member State,

(d) the address in the State at which the person is ordinarily resident,

(e) where applicable, the locality or constituency in the person’s home Member State on the electoral roll of which the person’s name was last entered,

(f) that the person is not a candidate at the election in any other Member State, and

(g) that the person does not stand deprived of the right to stand as a candidate under the law of the person’s home Member State as a result of an individual judicial decision, or an administrative decision that may be subject to judicial remedies.”,

(c) in paragraph (3)(d)(ii), by substituting, “statutory declaration referred to in that paragraph and conforming thereto is not” for “statutory declaration and attestation referred to in that paragraph and conforming thereto are not”,

(d) in paragraph (4)(a), by substituting, “the latest time for receiving nominations specified in rule 10(3)” for “12 noon on the latest date for receiving nominations”,

(e) in paragraph (5)(b), by substituting, “section 13, rule 6(4) or rule 27(1)” for “section 13 or rule 27(1)”,

(f) by substituting the following paragraph for paragraph (9):

“(9) The returning officer shall, immediately after a statutory declaration referred to in paragraph (2) is delivered to him or her, forward to the Minister a copy of the declaration and the Minister shall, as soon as may be—

(a) transmit a copy of the statutory declaration to the competent administrative authority of the home Member State of the person who made the statutory declaration, and

(b) request information from that competent administrative authority verifying whether or not that person stands deprived of the right to stand as a candidate under the law of that person’s home Member State as a result of an individual judicial decision, or an administrative decision that may be subject to judicial remedies, and the Minister may ask for such information to be provided within a specified period of time.”,

and

(g) by inserting the following new paragraphs:

“(10) The Minister shall, as soon as may be after receiving the information requested in paragraph (9)(b), notify the returning officer as to whether the person stands deprived of the right to stand as a candidate under the law of that person’s home Member State as a result of an individual judicial decision, or an administrative decision that may be subject to judicial remedies.

(11) If, at or before the time specified in paragraph (1) of rule 15 as the latest time for the withdrawal of candidature, the returning officer is notified under paragraph (10) that a person stands deprived of the right to stand as a candidate, the returning officer shall delete the name of the person concerned from the replacement candidates list.”.