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(1) | A region is an electoral region for the purposes of the European Parliamentary |
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Elections Act 2002 (c. 24). |
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(2) | Local government election has the meaning given by section 203(1) of the |
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Representation of the People Act 1983 (c. 2) (except that it does not include an |
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election to the Greater London Authority). |
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(3) | The pilot matters are— |
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(a) | when, where and how voting at an election is to take place; |
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(b) | how the votes cast at the election are to be counted. |
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(4) | The relevant enactments are enactments relating to the conduct of European |
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Parliamentary or local government elections (including the combination of |
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polls at such elections). |
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(5) | A relevant local authority is— |
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(a) | in relation to England, the council of a county or district, the Council of |
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the Isles of Scilly or the council of a parish if the pilot order makes |
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provision for the conduct of an election to the council; |
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(b) | in relation to Wales, the council of a county or county borough or the |
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council of a community if the pilot order makes provision for the |
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conduct of an election to the council; |
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(c) | in relation to Scotland, a local authority constituted under section 2 of |
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the Local Government etc. (Scotland) Act 1994 (c. 39). |
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(6) | This section applies for the purposes of this Act. |
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(1) | This section applies to orders made under this Act. |
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(a) | may modify or disapply any provision made by or under a relevant |
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(b) | may contain such consequential, incidental, supplementary or |
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transitional provision or savings (including provision amending, |
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replacing, suspending or revoking provision made by or under any |
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enactment) as the Secretary of State considers appropriate. |
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(3) | An order may make different provision for different purposes. |
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(4) | An order under section 1 must be made by statutory instrument. |
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(5) | But no such order may be made unless a draft of it has been laid before and |
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approved by resolution of each House of Parliament. |
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(6) | If a draft of an order under section 1 would apart from this subsection be |
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treated for the purposes of the Standing Orders of either House of Parliament |
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as a hybrid instrument it must proceed in that House as if it were not such an |
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(1) | There shall be paid out of money provided by Parliament— |
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(a) | any expenses of the Secretary of State in making arrangements for the purposes |
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of this Act in connection with the holding of the European Parliamentary |
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general election of 2004; |
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(b) | any increase attributable to this Act in the sums so payable under any other |
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(2) | There shall be charged on and paid out of the Consolidated Fund any increase |
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attributable to this Act in the sums to be charged on and paid out of that Fund under |
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This Act does not extend to Northern Ireland. |
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This Act may be cited as the European Parliamentary and Local Elections |
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Parliamentary by-elections |
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1 (1) | Rule 1 of the Parliamentary Elections Rules (timetable for elections) in |
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Schedule 1 to the Representation of the People Act 1983 (c. 2) must be |
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construed subject to this paragraph. |
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(2) | The writ for a by-election in a constituency which is situated in a region |
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specified in an order under section 1 must not be issued on a day which by |
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virtue of the timetable is likely to result in the by-election being held— |
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(a) | on the same day as the date of the poll at the European Parliamentary |
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general election of 2004, or |
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(b) | on a day within the period which begins three weeks before, and |
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ends three weeks after, that day. |
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Welsh Assembly by-elections |
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2 (1) | If Wales is a region specified in an order under section 1 above, section 8 of |
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the Government of Wales Act 1998 (c. 38) must be construed subject to this |
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(2) | The presiding officer of the National Assembly for Wales must not fix the |
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date of the poll for an election to fill a vacancy in the seat of a constituency |
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member of the Assembly (the Welsh poll) for a day which— |
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(a) | is the same day as the date of the poll at the European Parliamentary |
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general election of 2004 (the European poll), or |
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(b) | falls within the period which begins three weeks before, and ends |
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three weeks after, the date of the European poll. |
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(3) | If, before the commencement of this paragraph, the presiding officer has |
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fixed a date for the Welsh poll and the day falls within that period— |
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(a) | the poll must not be held on that date, and |
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(b) | the presiding officer must fix a new date in accordance with sub- |
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Local government by-elections: England and Wales |
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3 (1) | This paragraph applies to an election to fill a casual vacancy in the office of |
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councillor (the local election) in pursuance of section 89 of the Local |
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Government Act 1972 (c. 70) if the election is held in a region specified in an |
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(2) | In computing any period for the purposes of— |
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(b) | determining the period within which a casual vacancy must be filled |
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in pursuance of section 89(6), |
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| the period which begins four weeks before, and ends three weeks after, the |
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date of the poll at the European Parliamentary general election of 2004 must |
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(3) | If, before the commencement of this paragraph, a date has been fixed for the |
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poll at a local election which is within the period mentioned in sub- |
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(a) | the poll must not be held on that day, and |
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(b) | a date which falls not later than 7 days after the end of that period |
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must be fixed for the poll. |
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(4) | Sub-paragraphs (2) and (3) do not apply to the extent that an order under |
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this Act makes different provision in relation to the date of the poll at the |
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4 (1) | This paragraph applies to— |
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(a) | an election for the elected mayor of a local authority; |
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(b) | a referendum to be held in pursuance of Part 2 of the Local |
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Government Act 2000 (c. 22) (referendums on proposals for local |
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authority executive arrangements), |
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| if the election or referendum is held in a region specified in an order under |
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(2) | If the date of the poll at the election or referendum (the mayoral poll) is to be |
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fixed without reference to any time or timetable the date must not fall within |
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the period which begins three weeks before and ends three weeks after the |
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date of the poll at the European Parliamentary general election of 2004. |
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(3) | If the date of the mayoral poll is to be calculated by reference to any time or |
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timetable that period must be ignored. |
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(4) | If, before the commencement of this paragraph, the date of the mayoral poll |
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was fixed or calculated as a date which falls within that period— |
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(a) | the mayoral poll must not be held on that date, and |
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(b) | a new date must be fixed or calculated as mentioned in sub- |
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paragraph (2) or (3) (as the case may be). |
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(5) | Local authority has the same meaning as in Part 2 of the Local Government |
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Local government by-elections: Scotland |
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5 | If Scotland is a region specified in an order under section 1 above, the order |
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may provide that section 15(2) of the Representation of the People Act 1985 |
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(c. 50) does not apply to the poll at an election in Scotland under section 37 |
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of the Local Government (Scotland) Act 1973 (c. 65) (election to fill casual |
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vacancy in the office of councillor) if it is taken on the same day as the poll |
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at the European Parliamentary general election of 2004. |
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Modification of European election timetable immaterial |
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6 | For the purposes of this Schedule any modification of the timetable for the |
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European Parliamentary general election by an order under section 2 which |
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permits voting to take place on more than one day must be ignored. |
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