S.I. No. 14/1994:

EUROPEAN PARLIAMENT ELECTIONS (VOTING AND CANDIDATURE) REGULATIONS, 1994.

EUROPEAN PARLIAMENT ELECTIONS (VOTING AND CANDIDATURE) REGULATIONS, 1994.

CONTENTS

1. Citation.

2. Effect of Regulations.

3. Interpretation.

4. Appointment of competent administrative authority.

5. Provisions relating to the registration of electors.

6. Provisions relating to the qualification of candidates.

7. Provisions in relation to nomination papers, etc.

8. Provisions in relation to nomination of candidates.

9. Provisions in relation to replacement candidates.

10. Disposal of documents.

11. Declarations by Irish citizens standing as candidates.

12. Offences and penalties.

S.I. No. 14 of 1994.

EUROPEAN PARLIAMENT ELECTIONS (VOTING AND CANDIDATURE) REGULATIONS, 1994.

The Minister for the Environment, in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to the Council Directive of 6 December, 1993 (No. 93/109/EC, O.J. No. L329/34 of 30 December, 1993), hereby makes the following Regulations:--

1. These Regulations may be cited as the European Parliament Elections (Voting and Candidature) Regulations, 1994.

2. These Regulations shall have effect notwithstanding anything contained in the Acts and the provisions of the Acts shall be construed and have effect subject to these Regulations.

3. (1) In these Regulations--

"the Act of 1977" means the European Assembly Elections Act, 1977 (No. 30 of 1977);

"the Act of 1984" means the European Assembly Elections Act, 1984 (No. 6 of 1984);

"the Act of 1992" means the Electoral Act, 1992 (No. 23 of 1992);

"the Act of 1993" means the European Parliament Elections Act, 1993 (No. 30 of 1993);

"the Acts" means the European Parliament Elections Acts, 1977 to 1993;

"attestation" means a document issued by a competent administrative authority pursuant to Article 10 (2) of the Council Directive;

"competent administrative authority" in relation to a Member State means the competent administrative authority designated by that Member State for the purposes of Articles 7, 10 and 13 of the Council Directive;

"Council Directive" means the Council Directive of 6 December, 1993 (No. 93/109/EC, O.J. No. L329/34 of 30 December, 1993);

"election" means an election of representatives to the European Parliament;

"home Member State" in relation to any person means the Member State of which the person is a national;

"the Parliament" means the European Parliament;

(2) In these Regulations--

(a) a reference to a sub-article shall be construed as a reference to a sub-article of the article of these Regulation in which the reference occurs, unless it is indicated that reference to some other provision is intended;

(b) a reference to any enactment shall be construed as a reference to that enactment as amended or adapted by any subsequent enactment, including these Regulations; and

(c) an expression shall have the same meaning as in the Acts, save where the context otherwise requires.

4. The chief returning officer shall be the competent administrative authority for the purposes of Articles 7, 10 and 13 of the Council Directive.

5. (1) Subject to sub-article (3), a person referred to in section 9 of the Act of 1992, who is a national of a Member State, other than the State or the United Kingdom, shall not be entitled to be registered as a European elector in a constituency in a register of electors which comes into force in the year 1995 or subsequently unless such person--

(a) applies to be so registered, and

(b) furnishes to the registration authority a statutory declaration stating--

(i) the nationality of the person,

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

(iii) 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, and

(iv) the intention of such person to exercise the right to vote at an election in the State only.

(2) Where a registration authority receives a statutory declaration referred to in sub-article (1) it shall, as soon as may be, forward a copy of the declaration to the chief returning officer who shall transmit such copy to the competent administrative authority of the home Member State of the person to whom the said declaration relates.

(3) Sub-article (1) shall not apply in relation to any person registered as a European elector in a constituency in a register of electors which comes into force in the year 1994.

(4) Where a citizen of Ireland applies to be entered on the electoral roll in the Member State, other than the State and the United Kingdom, in which the citizen resides, the chief returning officer shall, on the request of the competent administrative authority of the Member State concerned, furnish to the said authority such relevant information available to the chief returning officer as would indicate whether the citizen has been deprived of the right to vote at an election in the State through an individual civil law or criminal law decision.

6. (1) No citizen of Ireland shall--

(a) be nominated as a candidate pursuant to section 9 of the Act of 1977 or as a replacement candidate pursuant to section 3 of the Act of 1984 in a constituency in the State, or

(b) be eligible for election under the Acts to be a representative in the Parliament for a constituency in the State,

if such citizen is a candidate at the same election in a Member State other than the State.

(2) A national of a Member State, other than the State or the United Kingdom, who, through an individual criminal law or civil law decision, has been deprived of the right to stand as a candidate at the election under the law of the national's home Member State, shall not, while so deprived, be eligible for election under the Acts to be a representative in the Parliament and such national shall not be nominated as a candidate pursuant to section 9 of the Act of 1977 or as a replacement candidate pursuant to section 3 of the Act of 1984.

(3) Where a citizen of Ireland proposes to stand as a candidate at an election in the Member State, other than the State and the United Kingdom, in which the citizen resides, the chief returning officer shall, on the request of the citizen and if appropriate, furnish to the citizen an attestation certifying that the citizen has not been deprived, through an individual civil law or criminal law decision, of the right to stand as a candidate at the election in the State or that no such disqualification is known to the chief returning officer.

7. (1) The nomination paper at an election may; in addition to the matters referred to in Rule 4 of the First Schedule to the Act of 1977, provide for the making of a statement indicating whether the candidate is--

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

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

and a declaration that the candidate is not a candidate at the election in any other Member State.

(2) The replacement candidates' list at an election may, in addition to the matters referred to in section 4 of the Act of 1984, provide for the making of a statement indicating whether a person nominated by entry thereon as a replacement candidate is--

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

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

and a declaration that the replacement candidate is not a candidate at the election in any other Member State.

(3) In addition to providing nomination papers as required by Rule 4 of the First Schedule to the Act of 1977 and forms for use as replacement candidates' lists as required by section 5 of the Act of 1984, the returning officer shall in like manner provide and supply free of charge to any person applying therefor the form of statutory declaration referred to in articles 8 and 9 of these Regulations.

8. (1) Where a person named as a candidate on a nomination paper is a national of a Member State, other than the State or the United Kingdom, there shall be delivered to the returning officer for the constituency at the time of delivery of the nomination paper--

(a) a statutory declaration made by the candidate stating--

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

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

(iii) 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, and

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

(b) an attestation from the competent administrative authority of the person's home Member State certifying that the person has not been deprived, through an individual criminal law or civil law decision, of the right to stand as a candidate at the election in that Member State or that no such disqualification is known to the competent administrative authority concerned.

(2) The returning officer shall rule invalid any nomination paper relating to a person referred to in sub-article (1) which is not accompanied by both the statutory declaration and the attestation referred to in that sub-article or where it appears to the returning officer that the said declaration or attestation does not conform with these Regulations.

(3) In the case of each valid nomination paper referred to in sub-article (1) which is not subsequently withdrawn or deemed to be withdrawn, the returning officer shall, as soon as may be after the latest time for the withdrawal of nominations, forward to the chief returning officer a copy of the declaration and attestation delivered in respect of each such nomination paper and the chief returning officer shall transmit such copy to the competent administrative authority of the home Member State of the person to whom the said declaration and attestation relate.

9. (1) 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 and attestation in conformity with these Regulations in respect of the person concerned has not been delivered to the returning officer for the constituency concerned pursuant to article 8 of these Regulations, there shall be delivered to the returning officer at the time of delivery of the replacement candidates' list--

(a) a statutory declaration made by the replacement candidate stating--

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

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

(iii) 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, and

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

(b) an attestation from the competent administrative authority of the person's home Member State certifying that the person has not been deprived, through an individual criminal law or civil law decision, of the right to stand as a candidate at the election in that Member State or that no such disqualification is known to the competent administrative authority concerned.

(2) Where, in relation to a person referred to in sub-article (1), the relevant statutory declaration and attestation referred to in that sub-article and conforming thereto are not delivered to the returning officer in accordance with that sub-article, the returning officer shall delete the name of the person concerned from the replacement candidates' list and shall give notice in writing of the deletion to the persons referred to in section 5 (3) (d) (ii) of the Act of 1984.

(3) The returning officer shall, as soon as may be after the latest time for withdrawal of nominations, forward to the chief returning officer a copy of the declaration and attestation delivered in respect of every person referred to in sub-article (1) whose name appears on a replacement candidates' list published by the returning officer pursuant to Rule 21 (as amended by section 7 (c) of the Act of 1984) of the First Schedule to the Act of 1977 and the chief returning officer shall transmit such copy to the competent administrative authority of the home Member State of the person to whom the said declaration and attestation relate.

10. The returning officer shall dispose of the declarations and attestations delivered in accordance with articles 8 and 9 of these Regulations in the same manner was nomination papers and related documents are disposed of under Rule 69 (as amended by section 7 of the Act of 1984 and section 8 of the Act of 1993) of the First Schedule to the Act of 1977.

11. (1) The chief returning officer shall, as soon as practicable after receipt, forward to each returning officer a copy of any statutory declaration received from the competent administrative authority of another Member State made by a citizen of Ireland who is standing as a candidate at the election in that Member State.

(2) Each returning officer shall, during the period ending on the twenty-eighth day next after the results of the election have been declared, keep available for public inspection during the usual office hours at the office of the returning officer the copy of the statutory declaration which has been transmitted to the returning officer by the chief returning officer in accordance with sub-article (1).

12. (1) A person who--

(a) produces to a returning officer an attestation referred to in articles 8 or 9 of these Regulations which the person knows to be forged, or

(b) in a nomination paper or a replacement candidates' list delivered to a returning officer pursuant to the Acts knowingly makes a false declaration on a matter referred to in these Regulations,

shall be guilty of an offence.

(2) Where a person is guilty of an offence under sub-article (1), the person shall be liable on summary conviction to a fine not exceeding £500 or, at the discretion of the court, to imprisonment for a period not exceeding six months or to both such fine and such imprisonment.

GIVEN under the Official Seal of the Minister for the Environment, this 31st day of January, 1994.

MICHAEL SMITH,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations provide for the incorporation into law of the detailed arrangements laid down in Directive 93/109//EC for the exercise of the right to vote and stand as a candidate in elections to the European Parliament for citizens of the European Union residing in a Member State of which they are not nationals.