The European Parliamentary Elections (Northern Ireland) Regulations 2004 (revoked)
UK Statutory Instrument 2004 No. 1267 — creates 20 criminal offences.
- Made
- 29 April 2004
- In force from
- 30 April 2004
- Extent
- Not stated
- Subject
- Elections and representation of the people
- Made under
- European Communities Act 1972, European Parliamentary Elections Act 2002, Political Parties, Elections and Referendums Act 2000
Explanatory note
(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
These Regulations, which extend to Northern Ireland only, make provision for the conduct of elections to the European Parliament and for the questioning of such an election and the consequences of irregularities. They revoke and replace the European Parliamentary Elections (Northern Ireland) Regulations 1986, as amended by the instruments listed in Schedule 7, which applied provisions of the Representation of the People Acts and regulations made under those Acts as modified by those Regulations. In these Regulations, the relevant provisions of the Representation of the People Acts and regulations made thereunder are set out in full with appropriate modifications. Part 1 of these Regulations makes general provision for the conduct of the poll and the manner of voting in the electoral region of Northern Ireland. Regulation 6 introduces Schedule 1, which contains rules for European Parliamentary elections. Provision about absent voting is made by regulations 7 to 13 and Schedule 2. Regulation 14 and Schedule 3 modify these Regulations for the 2004 election in respect of citizens of the Accession States (as defined in regulation 2, that is the States joining the European Union on 1st May 2004). Provision is also made about the register of electors and the functions of the registration officer and returning officer (who is by virtue of section 6(4) of the European Parliamentary Elections Act 2002 the Chief Electoral Officer). Offences relating to voting and other offences are created by regulations 23 to 29 and provision is made about the secrecy of voting and prohibition of publication of exit polls by regulations 30 and 31. Part 2 makes provision about the election campaign including the appointment of agents and the issuing of election broadcasts and publications. Regulation 38 and Schedule 4 impose controls on donation to candidates and regulations 39 to 57 and Schedule 5 deal with the election expenses of candidates. Various election offences including bribery and treating are created. Part 3 provides for the filling of vacancies by the holding of by-elections. Part 4 deals with legal proceedings in relation to European Parliamentary elections. Regulation 79 provides for the questioning of such an election to be by election petition and regulations 80 to 96 govern how such a petition is to be presented and served, provide for the hearing of a petition by an election court and for the procedure at and following the trial of an election petition. Regulations 97 to 109 deal with the prosecution of offences. Part 5 contains miscellaneous provisions. Regulation 115 and Schedule 6 provide for the combination of polls at European Parliamentary elections with those at parliamentary or local elections. Regulation 116 and Schedule 7 revoke the European Parliamentary Elections (Northern Ireland) Regulations 1986 and amending regulations.
Offences created by this instrument
- Prohibition on accepting donations from impermissible donors paragraph 6(7) of SCHEDULE 4 · Status not determined · Strict liability
- A person who— a in any declaration or form used for any of the purposes of regulations 7 to 11, makes a statement… regulation 12 · Status not determined · Requires proof of a state of mind
- A person commits an offence if, on the day of or the day next preceding the poll for a European Parliamentary… regulation 24(1) · Status not determined · Requires proof of a state of mind
- A person commits an offence if he— a intentionally obstructs a constable in the exercise of his powers under this… regulation 24(5) · Status not determined · Requires proof of a state of mind
- A person shall be guilty of an offence if— a he votes in person or by post, whether as an elector or as proxy, or… regulation 25(1) · Status not determined · Requires proof of a state of mind
- A person shall be guilty of an offence if— a he votes as elector otherwise than by proxy either— i more than once at… regulation 25(3) · Status not determined · Requires proof of a state of mind
- A person shall be guilty of an offence if— a he votes as proxy for the same elector either— i more than once at any… regulation 25(4) · Status not determined · Requires proof of a state of mind
- A person shall also be guilty of an offence if he votes at a European Parliamentary election as proxy for more than… regulation 25(5) · Status not determined · Strict liability
- A person shall also be guilty of an offence if he knowingly induces or procures some other person to do an act which… regulation 25(6) · Status not determined · Requires proof of a state of mind
- For the purposes of this regulation a person who has applied for a ballot paper for the purpose of voting in person,… regulation 25(7) · Status not determined · Strict liability
- Breach of official duty regulation 26(1) · Status not determined · Strict liability
- Tampering with nomination papers, ballot papers, etc regulation 27(1) · Status not determined · Requires proof of a state of mind
- A person who makes a statement which he knows to be false in the declaration required by rule 8(1) of the European… regulation 29 · Status not determined · Strict liability
- Requirement of secrecy regulation 30(7) · Status not determined · Strict liability
- Prohibition on publication of exit polls regulation 31(2) · Status not determined · Strict liability
- Prohibition of expenses not authorised by election agent regulation 42(6) · Status not determined · Strict liability
- Officials not to act for candidates regulation 63(1) · Status not determined · Strict liability
- Illegal canvassing by police officers regulation 64(2) · Status not determined · Strict liability
- Details to appear on election publications regulation 68(11) · Status not determined · Strict liability
- Details to appear on election publications regulation 68(3) · Status not determined · Strict liability
What Parliament said about it
Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2004