|
| |
|
(ii) | instead, are to remain in the returning officer’s |
| |
custody (and be endorsed by the officer as |
| |
| |
(b) | the references in rules 56 and 57 to the relevant |
| |
registration officer are to be read as references to the |
| 5 |
returning officer (and rule 55(1A) is to be |
| |
| |
(c) | the reference in rule 57(1) to the documents to be |
| |
retained is to be read as a reference to the documents |
| |
remaining in the returning officer’s custody under |
| 10 |
| |
15 | Filling vacant European Parliament seats in Northern Ireland |
| |
(1) | In section 5 of the European Parliamentary Elections Act 2002 (c. 24) (filling |
| |
vacant seats), after subsection (3) there is inserted— |
| |
“(4) | As regards a seat in Northern Ireland, the regulations may, in specified |
| 15 |
circumstances, require it to be filled as follows— |
| |
(a) | where the previous MEP stood in the name of a registered party |
| |
when elected (or most recently elected), by a person nominated |
| |
by the nominating officer of that party; |
| |
(b) | where paragraph (a) does not apply but the previous MEP gave |
| 20 |
a notice in accordance with regulations under this Act naming |
| |
one or more persons as substitutes, by a person so named. |
| |
| |
“nominating officer”, in relation to a registered party, means the |
| |
person registered as its nominating officer under the Political |
| 25 |
Parties, Elections and Referendums Act 2000 in the Northern |
| |
Ireland register (within the meaning of that Act); |
| |
“registered party” means a party registered under that Act in that |
| |
| |
“the previous MEP”, in relation to a vacancy, means the person |
| 30 |
who was the MEP immediately before the vacancy arose.” |
| |
(2) | Regulations containing provision made by virtue of this section may specify |
| |
that the provision has effect in relation to any seat that is vacant at the time the |
| |
provision comes into force and in respect of which notice of a by-election has |
| |
not been published at that time. |
| 35 |
16 | Local returning officers for elections to the European Parliament |
| |
In section 6 of the European Parliamentary Elections Act 2002 (returning |
| |
officers), in subsection (5A) (meaning of “local returning officer”), for |
| |
paragraph (a) there is substituted— |
| |
“(a) | a person who, by virtue of section 35 of the Representation of |
| 40 |
the People Act 1983, is a returning officer for— |
| |
(i) | elections of councillors of a district or London borough, |
| |
(ii) | elections of councillors of a county in which there are no |
| |
| |
(iii) | elections to the Council of the Isles of Scilly, or |
| 45 |
(iv) | elections of councillors of a county or county borough in |
| |
| |
|
| |
|
| |
|
| or who by virtue of section 41 of that Act is a returning officer |
| |
for elections of councillors for a local authority in Scotland; or”. |
| |
17 | CORE information and action to be taken by electoral registration officers |
| |
(1) | Section 2 of the Electoral Administration Act 2006 (c. 22) (co-ordinated on-line |
| |
record of electors: use of information) is amended as follows. |
| 5 |
| |
(a) | in paragraph (b), after “is requested” there is inserted “in respect of the |
| |
| |
(b) | in paragraph (c), for “acts as” there is substituted “is appointed as, or |
| |
| 10 |
(3) | After subsection (6) there is inserted— |
| |
“(6A) | A CORE scheme may require that where a CORE keeper informs an |
| |
ERO as mentioned in subsection (5), or informs an ERO of any |
| |
suspicions that the CORE keeper has concerning the commission of an |
| |
offence under the 1983 Act or other impropriety— |
| 15 |
(a) | the ERO must take such steps (if any) as appear to the ERO to |
| |
be appropriate in response to being so informed; |
| |
(b) | the ERO must notify the CORE keeper of the steps taken (or of |
| |
the reasons for not taking any), within such period and in such |
| |
form and manner as is specified— |
| 20 |
| |
(ii) | by the CORE keeper in accordance with the scheme.” |
| |
(4) | In subsection (7)(b), after “relating to the person” there is inserted “, or to any |
| |
such suspicions as are mentioned in subsection (6A),”. |
| |
| 25 |
(a) | for “must not authorise” there is substituted “must not— |
| |
| |
(b) | at the end there is inserted— |
| |
“(b) | authorise one ERO to supply information to another.” |
| |
| 30 |
| |
| |
“the 1983 Act” means the Representation of the People Act 1983 (c. 2); |
| |
“the 2000 Act” means the Political Parties, Elections and Referendums Act |
| |
| 35 |
19 | Amendments and repeals |
| |
Schedules 4 (minor and consequential amendments) and 5 (repeals) have |
| |
| |
|
| |
|
| |
|
20 | Transitional provision |
| |
In relation to England and Wales, a reference inserted by this Act in Schedule |
| |
20 to the 2000 Act (penalties) to imprisonment for 12 months is to be read, in |
| |
the case of an offence committed before the commencement of section 154(1) of |
| |
the Criminal Justice Act 2003 (c. 44) (general limit on magistrates’ court’s |
| 5 |
power to impose imprisonment), as a reference to imprisonment for six |
| |
| |
| |
(1) | There shall be paid out of money provided by Parliament any increase |
| |
attributable to this Act in the sums payable under any other Act out of money |
| 10 |
| |
(2) | There shall be charged on and paid out of the Consolidated Fund any increase |
| |
attributable to this Act in the sums to be charged on and paid out of that Fund |
| |
| |
(3) | There shall be paid into the Consolidated Fund any increase attributable to this |
| 15 |
Act in the sums payable into that Fund under any other Act. |
| |
| |
(1) | This Act extends to England and Wales, Scotland and Northern Ireland. |
| |
(2) | The following provisions extend also to Gibraltar— |
| |
| 20 |
| |
sections 5 to 7, paragraphs 4, 5, 6 and 19 of Schedule 4 and the entry in |
| |
Schedule 5 relating to Schedule 1 to the 2000 Act; |
| |
| |
| 25 |
(1) | This Act comes into force on whatever day or days the Secretary of State |
| |
appoints by order made by statutory instrument. |
| |
(2) | An order under subsection (1)— |
| |
(a) | may make different provision for different purposes or different areas; |
| |
(b) | may make transitional or saving provision. |
| 30 |
(3) | An order under subsection (1) bringing section 16 into force may make any |
| |
provision amending regulations under the European Parliamentary Elections |
| |
Act 2002 (c. 24) that is incidental to or consequential on the amendment made |
| |
| |
(4) | Subsection (1) does not apply to— |
| 35 |
(a) | section 1(1) and (3), |
| |
| |
in Schedule 5 relating to Schedule 1 to the 2000 Act, |
| |
| |
| 40 |
| |
| |
|
| |