S.I. No. 75/1994:

EUROPEAN PARLIAMENT ELECTIONS (FORMS) REGULATIONS, 1994.

EUROPEAN PARLIAMENT ELECTIONS (FORMS) REGULATIONS, 1994.

The Minister for the Environment, in exercise of the powers conferred on him by section 19 of the European Assembly Elections Act, 1977 (No. 30 of 1977) and section 25 of the Electoral (Amendment) (No. 2) Act, 1986 (No. 35 of 1986), hereby makes the following Regulations:--

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

2. 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 1986" means the Electoral (Amendment) (No. 2) Act, 1986 (No. 35 of 1986);

"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;

"the Regulations of 1994" means the European Parliament Elections (Voting and Candidature) Regulations, 1994 ( S.I. No. 14 of 1994 ).

3. The European Assembly Elections (Forms) Regulations, 1978 ( S.I. No. 162 of 1978 ) are hereby amended by the substitution of forms E.P.1, E.P.2 and E.P.6 in Part I of the Schedule hereto for forms A.E.1, A.E.2 and A.E.6, respectively, in the Schedule to the said Regulations.

4. The European Assembly Elections (Forms) Regulations, 1984 ( S.I. No. 120 of 1984 ) are hereby amended by the substitution of forms E.P.12 and E.P.13 in Part II of the Schedule hereto for forms A.E.12 and A.E.13, respectively, in Part II of the Schedule to the said regulations.

5. Each of the forms in Part III of the Schedule hereto shall in relation to elections to the European Parliament be the prescribed form for the purpose for which such form is expressed to be applicable.

SCHEDULE.

Part I.

E.P.1

(Rule 2 of First Schedule to Act of 1977)

NOTICE OF EUROPEAN PARLIAMENT ELECTION.

Constituency of ............................................................ ............................................................ ........................

I hereby give notice that an election of representatives to the European Parliament is to be held in the above-mentioned constituency. If the election is contested, a poll will be taken on the ........ day of .................. , 19 ..... between the hours of ..... a.m. and .... p.m:

To be eligible for election a person must be either a citizen of Ireland or a national of a Member State of the European Union ordinarily resident in Ireland.

A person may nominate himself/herself as a candidate or may, with his/her consent, be nominated by another person (being a person registered as a European elector in the constituency).

£1,000 must be deposited with me in respect of a candidate before the expiration of the time for receiving nominations.

A national of a Member State, other than Ireland or the United Kingdom, intending to be a candidate, must deliver to me, with the completed nomination paper, a statutory declaration and an attestation from the competent administrative authority of the person's home Member State regarding his/her eligibility for election.

If a candidate wishes to be entered on the ballot papers as representing a registered political party, a Certificate of Political Affiliation must be produced to me with the completed nomination paper.

Replacement candidates may be nominated by registered political parties and non-party candidates.

Nomination papers, replacement candidates' lists and statutory declaration forms may be obtained, free of charge, from the address below during office hours.

Completed nomination papers may be delivered to me in person by candidates or their proposers at any time when I am at my office between 10 a.m. on the ..... day of ............. , 19 ....... and 12 noon on the ...... day of ............... , 19 ........ which is the latest time for receiving nominations.

I will attend to receive nomination papers at the address below on the day before the last day for receiving nominations and on such last day as follows:

10 a.m. to 12 noon and 2 p.m. to 5 p.m. on the .... day of ................... , 19 ..... and 10 a.m. to 12 noon on the .... day of ............... , 19 ..... .

E.P.2

(Rule 4 of First Schedule to Act of 1977;

Article 7 (1) of Regulations of 1994)

NOMINATION PAPER.

Form E.P. 2

No. ................................. (to be assigned by returning officer)

PLEASE READ NOTES BEFORE COMPLETING FORM.

1. I hereby nominate the person named under as a candidate for election to the European Parliament for the constituency of

PARTICULARS OF CANDIDATE.

(Please use BLOCK LETTERS).

Surname ............................................................ ............................................................ .......................................

Other name(s) ............................................................ ............................................................ ..............................

Address............................................................ ............................................................ .........................................

Occupation ............................................................ ............................................................ ..................................

Name of Registered Political Party (if any) ............................................................ .........................................

Name of European Parliament Political Group (if any).

2. The person named above as a candidate is--

(i) a citizen of Ireland or a British citizen (tick, if appropriate)

............................................................ ............................................................ .......................□

(ii) a national of a Member State other than Ireland or the United Kingdom (tick, if appropriate)............................................................ ............................................................ .□

Note: If the candidate is a national of a Member State other than Ireland or the United Kingdom, the nomination must be accompanied by a statutory declaration and an attestation -- see section 6 of notes on this form.

3. I have read the notes on this form and I hereby declare that--

( a ) the person named as a candidate--

(i) has consented to nomination;

(ii) is not a candidate at the election in any other constituency;

(iii) is not a candidate at the election in any other Member State; and

( b ) to the best of my knowledge and belief, the person named as a candidate is eligible for election to the European Parliament.

4. Name and address of person to whom deposit is to be returned:

............................................................ ............................................................ ........................................................

............................................................ ............................................................ ........................................................

5. [To be completed if the nomination is made by a person other than the candidate.]

The proposer is registered in the register of electors for the County/County Borough of ....................

.............. ............................................................ ............................................................ ........................................

and his/her number and polling district letter on the register are............................................................ ...

6. Signature of person making the nomination

............................................................ ............................................................ ..........................................

Address ............................................................ ............................................................ ..........................

............................................................ ............................................................ ...........................................

Date ............................................................ ............................................................ ..................................

............................................................ ............................................................ ............................................

I rule that this nomination paper is valid (or is invalid because ......................................................

............................................................ ............................................................ .............................................

............................................................ ............................................................ ..............................................)

(To be handed or sent to the candidate)

I have ruled that the nomination paper No. .........................of (insert name of ................................. candidate)............................................................ ............................................................ ..................................

is valid (or is invalid because ............................................................ ............................................................ ..

............................................................ ............................................................ .....................................................)

NOTES ON NOMINATION PAPER.

These notes are for guidance only and do not purport to be a definitive statement of the law which is contained in sections 7 to 10 of and rules 4 to 10 of the First Schedule to the European Assembly Elections Act, 1977 , section 2 of the European Parliament Elections Act, 1993 and articles 6 to 8 of the European Parliament Elections (Voting and Candidature) Regulations, 1994.

1. Nomination.

A candidate may be nominated for one constituency only and in only one Member State of the European Union. A candidate may nominate himself/herself or may, with his/her consent, be nominated by another person (being a person registered as a European elector in the constituency).

2. Deposit.

A nomination will be deemed to have been withdrawn if a deposit of £1,000 is not lodged with the returning officer before 12 noon on the latest date for receiving nominations. The deposit may be made by means of legal tender or, with the consent of the returning officer, in any other manner. The deposit is returnable if the candidate--

( a ) withdraws his/her candidature before 12 noon on the day after the latest date for receiving nominations,

( b ) dies before the poll is closed,

( c ) has not, before the expiration of the time for the receipt of nominations, been validly nominated,

( d ) is elected,

( e ) is not elected but the greatest number of votes credited to him/her at any stage of the counting of the votes exceeds one-third of the quota.

The deposit will be returned to the person making it and the name of the person making the deposit should be entered at section 4 of the form.

3. Certificate of Political Affiliation.

A candidate may include in the nomination paper the name of the registered political party of which he/she is a candidate, together with the name of any European Parliament political group noted on the Register of Political Parties in relation to that party, provided a completed certificate of political affiliation is produced to the returning officer with the nomination paper. The name of the party, or of the party and the political group, should be entered in the appropriate part of section 1 of this form. If a candidate does not represent a registered political party, the part relating to a registered political party may be left blank or the words "Non-Party" may be entered.

4. Delivery of Nomination Paper.

The completed nomination paper shall be delivered to the returning officer by the candidate or his/her proposer within the period fixed for the receipt of nominations.

5. Ruling on Nomination Paper.

The returning officer will rule on the validity of the nomination paper within one hour of its delivery to him/her and may rule that it is invalid if he/she considers that it is not properly made out or signed. He/she is required to object to the name of a candidate if such name -- (a) is not the name by which the candidate is commonly known, (b) is misleading and likely to cause confusion, (c) is unnecessarily long, or (d) contains a political reference. The returning officer is also required to object to a description of a candidate which is, in his/her opinion, incorrect, insufficient to identify the candidate or unnecessarily long or which contains a political reference other than a reference to a public or elected office held, or formerly held, by the candidate. The candidate and his/her proposer, if any, and one other person designated by the candidate (or his/her proposer) and no other person, unless permitted by the returning officer, may attend the ruling.

6. National of Member State other than Ireland or the United Kingdom.

In the case of a candidate who is a national of a Member State of the European Union other than Ireland or the United Kingdom, the returning officer is required to rule his/her nomination paper invalid if--

( a ) it is not accompanied by:

(i) a statutory declaration made by the candidate on Form E.P.14 (which may be obtained from the returning officer) stating his/her nationality, the address in Ireland at which he/she is ordinarily resident, the locality/constituency where he/she was last registered as an elector in his/her home Member State and that the person is not a candidate at the election in any other Member State, and

(ii) an attestation from the competent administrative authority of the candidate's home Member State certifying that he/she has not been deprived, through an individual criminal law or civil law decision, of the right to be a candidate at the election in his/her home Member State or that no such disqualification is known to the competent authority concerned; or

( b ) the statutory declaration or attestation is not properly made out and signed.

7. Eligibility for election to the European Parliament.

A person who--

( a ) is not a citizen of Ireland, or a national of a Member State of the European Union who is ordinarily resident in the State,

( b ) being a citizen of Ireland, is a candidate at the election in any other Member State,

( c ) being a national of a Member State (other than the State or the United Kingdom) has been, through an individual criminal law or civil law decision, deprived of the right to be a candidate under the law of his/her home Member State,

( d ) has not reached the age of 21 years,

( e ) holds the office of President of Ireland, Judge, Comptroller and Auditor General, Minister of the Government or Attorney General,

( f ) is a member of the Commission of the European Union,

( g ) is a Judge, Advocate General or Registrar of the Court of Justice of the European Union,

( h ) is a member of the Court of Auditors of the European Union,

( i ) is a member of the Garda Síochána,

( j ) is a wholetime member of the Defence Forces,

( k ) is a civil servant who is not by the terms of his/her employment expressly permitted to be a member of the European Parliament,

( l ) is a person of unsound mind,

( m ) is undergoing a sentence of imprisonment for any term exceeding six months, whether with or without hard labour, or of penal servitude for any period imposed by a court of competent jurisdiction in the State, or

( n ) is an undischarged bankrupt under an adjudication by a court of competent jurisdiction in the State,

is not eligible for election to the European Parliament.

8. Penalties.

A person is liable to imprisonment or fine or both under the European Parliament Elections Acts, 1977 to 1993, the European Parliament Elections (Voting and Candidature) Regulations, 1994 and the Statutory Declarations Act, 1938 for--

(1) nominating a candidate or withdrawing a candidature without the candidate's consent,

(2) producing to the returning officer a nomination paper or certificate of political affiliation, knowing the same of have been forged,

(3) making a false declaration that a candidate is eligible for election or does not stand validly nominated in respect of any other constituency,

(4) making any other declaration in a nomination paper, knowing it to be false, and

(5) producing an attestation regarding qualification for election from the competent administrative authority of the candidate's home Member State, knowing it to be forged.

E.P.6

(Rule 28 of First Schedule to Act

of 1977; Section 172 (c) of Act of 1992)

(Front of Card).

POLLING CARD.

This card is for information only: it is not an identity card. Be sure to bring evidence of identity when you go to vote -- see back of this card.

(Back of Card).

EVIDENCE OF IDENTITY.

You are likely to be asked to produce one of the following documents:--

A passport; a driving licence; an employee or student identity card; a book for payment of Social Welfare allowances, benefits or pensions; a medical card; a free travel card issued by the Department of Social Welfare; a travel document containing your name and photograph; a signing-on card (UB 15 or UA22) issued by the Department of Social Welfare; a Social Services Card issued by the Department of Social Welfare; a Bank or Savings Bank book; a cheque book; a cheque card; a credit card; a credit union membership card; a birth certificate; a marriage certificate.

Be sure to bring one of these documents with you to the polling station, otherwise you may not be permitted to vote.

SCHEDULE.

Part II.

E.P. 12

(Section 4 of Act of 1984;

Article 7 of Regulations of 1994)

REPLACEMENT CANDIDATES' LIST.

(Registered political parties).

Form E.P. 12

Identifying letters ........... (to be assigned by returning officer).

PLEASE READ NOTES BEFORE COMPLETING FORM.

___________________________________________________________________________

Name of registered political party presenting replacement candidates' list .............................................

............................................................ ............................................................ ......................................................

Initials or Abbreviation of name of Party ............................................................ ..........................................

1. I/we hereby nominate the person(s) named under, in the order stated (which order has been determined by the party), as replacement candidate(s) at the election of representatives to the European Parliament for the constituency of ............................................................ ............................................................ ........................................................

Note: If a replacement candidate is a national of a Member State other than Ireland or the United Kingdom, the replacement candidates' list must be accompanied by a statutory declaration and an attestation in respect of such replacement candidate -- see section 2 of notes on this form.

2. I/we have read the notes on this form and hereby declare that--

( a ) each of the persons named as a replacement candidate--

(i) has consented to nomination;

(ii) is, to the best of my/our knowledge and belief, eligible for election to the European Parliament, and

( b ) none of the persons named as a replacement candidate--

(i) is a replacement candidate at the election in any other constituency;

(ii) is a candidate at the election in any other Member State.

Signature(s) of authorised officer(s).

1. ............................................................ ............................................................ ....................................................

2. ............................................................ ............................................................ ....................................................

3. ............................................................ ............................................................ ....................................................

Address(es) of authorised officer(s).

1. ............................................................ ............................................................ ....................................................

2. ............................................................ ............................................................ ....................................................

3. ............................................................ ............................................................ ....................................................

Date ............................................................ 

............................................................ ............................................................ ........................................................

I rule that this replacement candidates' list is valid (or is invalid because

............................................................ ............................................................ .......................................................)

Notes on Replacement Candidates' List [Registered Political Party].

These notes are for guidance only and to not purport to be a definitive statement of the law which is contained in Rules 7, 79 and 81A of the First Schedule to the European Assembly Elections Act, 1977 , sections 2 , 3 , 4 , 5 and 7 of the European Assembly Elections Act, 1984 , sections 2 , 3 and 4 of the European Parliament Elections Act, 1993 and articles 6, 7 and 9 of the European Parliament Elections (Voting and Candidature) Regulations, 1994.

1. Nomination of Replacement Candidates.

A person who is not eligible for election to the European Parliament may not be nominated as a replacement candidate.

A registered political party may nominate in respect of each constituency, with their consent, one or more persons to be replacement candidates. A person who is a candidate at the election may be nominated as a replacement candidate.

The number of replacement candidates to be nominated by a registered political party in respect of a constituency may not exceed by more than four the number of candidates of that party standing validly nominated for the constituency at the latest time for withdrawal of candidature.

If the number of replacement candidates included in the list exceeds the maximum number permitted, the returning officer will delete from the list, commencing at the bottom, the number of replacement candidates by which the list exceeds the maximum permitted.

The names of replacement candidates shall be listed in the order determined by the registered political party.

A person may not be nominated as a replacement candidate for more than one constituency.

A registered political party may present one replacement candidate's list only in a constituency.

The completed replacement candidates' list shall be delivered to the returning officer within the period fixed for the receipt of nominations. Delivery shall be made by the officer or any of the officers who signed the list, or by a person who is a candidate of the party in the constituency to which the list relates.

A replacement candidates' list may be withdrawn by notice in writing signed by the authorised officer(s) and delivered to the returning officer not later than 12 noon on the latest date for receiving nominations.

2. National of Member State other than Ireland or the United Kingdom.

Where a person who is a national of a Member State of the European Union other than Ireland or the United Kingdom is nominated as a replacement candidate, the replacement candidates' list must be accompanied by:--

(i) a statutory declaration made by the person on Form E.P. 14 (which may be obtained from the returning officer) stating his/her nationality, the address in Ireland at which he/she is ordinarily resident, the locality/constituency where he/she was last registered as an elector in his/her home Member State and that the person is not a candidate at the election in any other Member State, and

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

If these documents are not furnished with the replacement candidates' list or if the documents are not properly made out and signed, the returning officer is obliged to delete from the list the name of the person concerned. If the person is also a candidate in the constituency, a single declaration and attestation will suffice.

3. Ruling on Replacement Candidates' List.

The returning officer will rule as invalid any list which is not properly made out or signed, if the list is not amended to his/her satisfaction.

4. Eligibility for election to the European Parliament.

To be eligible for nomination as a replacement candidate, a person must be eligible for election to the European Parliament.

A person who--

( a ) is not a citizen of Ireland, or a national of a Member State of the European Union who is ordinarily resident in the State,

( b ) being a citizen of Ireland, is a candidate at the election in any other Member State,

( c ) being a national of a Member State (other than the State or the United Kingdom), has been, through an individual criminal law or civil law decision, deprived of the right to be a candidate under the law of his/her home Member State,

( d ) has not reached the age of 21 years,

( e ) holds the office of President of Ireland, Judge, Comptroller and Auditor General, Minister of the Government or Attorney General,

( f ) is a member of the Commission of the European Union,

( g ) is a Judge, Advocate General or Registrar of the Court of Justice of the European Union,

( h ) is a member of the Court of Auditors of the European Union,

( i ) is a member of the Garda Síochána,

( j ) is a wholetime member of the Defence Forces,

( k ) is a civil servant who is not by the terms of his/her employment expressly permitted to be a member of the European Parliament,

( l ) is a person of unsound mind,

( m ) is undergoing a sentence of imprisonment for any term exceeding six months, whether with or without hard labour, or of penal servitude for any period imposed by a court of competent jurisdiction in the State, or

( n ) is an undischarged bankrupt under an adjudication by a court of competent jurisdiction in the State,

is not eligible for election to the European Parliament.

5. Authorised Officers.

The person(s) authorised to sign the replacement candidates' list presented by a registered political party is/are the officer(s) of such party whose name(s) is/are entered in the Register of Political Parties pursuant to section 25 (4) (c) of the Electoral Act, 1992 .

6. Penalties.

A person is liable to imprisonment or fine or both under the European Parliament Elections Acts, 1977 to 1993, the European Parliament Elections (Voting and Candidature) Regulations, 1994 and the Statutory Declarations Act, 1938 for--

(1) nominating a person as a replacement candidate without the person's consent,

(2) making a false declaration that a person is eligible for nomination as a replacement candidate or does not stand validly nominated as a replacement candidate in respect of any other constituency,

(3) making any other declaration in a replacement candidates' list, knowing it to be false, and

(4) producing an attestation regarding qualification for election from the competent administrative authority of the replacement candidate's home Member State, knowing it to be forged.

E.P. 13

(Section 4 of Act of 1984;

Article 7 of Regulations of 1994)

REPLACEMENT CANDIDATES' LIST.

(Non-party candidates).

Form E.P.13

Identifying letters . . . . (to be assigned by returning officer).

PLEASE READ NOTES BEFORE COMPLETING FORM.

___________________________________________________________________________

Name of non-party candidate presenting replacement candidates' list ....................................................

............................................................ ............................................................ .......................................................

1. I hereby nominate the person(s) named under, in the order stated (which I have determined) as replacement candidate(s) at the election of representatives to the European Parliament for the constituency of .................................

............................................................ ............................................................ ........................................................

Note: If a replacement candidate is a national of a Member State other than Ireland or the United Kingdom, the replacement candidated' list must be accompanied by a statutory declaration and an attestation in respect of such replacement candidate -- see section 2 of notes on this form.

2. I have read the notes on this form and hereby declare that--

( a ) each of the persons named as a replacement candidate--

(i) has consented to nomination;

(ii) is, to the best of my/our knowledge and belief, eligible for election to the European Parliament, and

( b ) none of the persons named as a replacement candidate--

(i) is a replacement candidate at the election in any other constituency,

(ii) is a candidate at the election in any other Member State.

Signature of non-party candidate ............................................................ ......................................................

Address ............................................................ ............................................................ .....................................

............................................................ ............................................................ ......................................................

Date .........................................................

I rule that this replacement candidate's list is valid (or is invalid because ............................................................ ............................................................ .......................................................)

Notes on Replacement Candidates' List [non-party candidate].

These notes are for guidance only and to not purport to be a definitive statement of the law which is contained in Rules 7, 79 and 81A of the First Schedule to the European Assembly Elections Act, 1977 , sections 2 , 3 , 4 , 5 and 7 of the European Assembly Elections Act, 1984 , sections 2 , 3 and 4 of the European Parliament Elections Act, 1993 and articles 6, 7 and 9 of the European Parliament Elections (Voting and Candidature) Regulations, 1994.

1. Nomination of Replacement Candidates.

A person who is not eligible for election to the European Parliament may not be nominated as a replacement candidate.

A non-party candidate may nominate in respect of the constituency, with their consent, one or more persons to be replacement candidates. A candidate at the election may nominate himself/herself as a replacement candidate.

The number of replacement candidates to be nominated by a non-party candidate may not exceed three. If the number of replacement candidates included in the list exceeds three the returning officer will delete from the list, commencing at the bottom, the number of replacement candidates by which the list exceeds three.

The names of replacement candidates shall be listed in the order determined by the non-party candidate.

A person may not be nominated as a replacement candidate for more than one constituency.

A non-party candidate may present one replacement candidates' list only at an election.

The completed replacement candidates' list shall be delivered to the returning officer by the non-party candidate or his/her proposer within the period fixed for the receipt of nominations.

A replacement candidates' list may be withdrawn by notice in writing signed by the non-party candidate and delivered to the returning officer not later than 12 noon on the latest date for receiving nominations.

2. National of Member State other than Ireland or the United Kingdom.

Where a person who is a national of a Member State of the European Union other than Ireland or the United Kingdom is nominated as a replacement candidate, the replacement candidates' list must be accompanied by:--

(i) a statutory declaration made by the person on Form E.P. 14 (which may be obtained from the returning officer) stating his/her nationality, the address in Ireland at which he/she is ordinarily resident, the locality/constituency where he/she was last registered as an elector in his/her home Member State and that the person is not a candidate at the election in any other Member State, and

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

If these documents are not furnished with the replacement candidates' list or if the documents are not properly made out or signed, the returning officer is obliged to delete from the list the name of the person concerned.

3. Ruling on Replacement Candidates' List.

The returning officer will rule as invalid any list which is not properly made out or signed, if the list is not amended to his/her satisfaction.

4. Eligibility for election to the European Parliament.

To be eligible for nomination as a replacement candidate, a person must be eligible for election to the European Parliament.

A person who--

( a ) is not a citizen of Ireland, or a national of a Member State of the European Union who is ordinarily resident in the State,

( b ) being a citizen of Ireland, is a candidate at the election in any other Member State,

( c ) being a national of a Member State (other than the State or the United Kingdom), has been, through an individual criminal law or civil law decision, deprived of the right to be a candidate under the law of his/her home Member State,

( d ) has not reached the age of 21 years,

( e ) holds the office of President of Ireland, Judge, Comptroller and Auditor General, Minister of the Government or Attorney General,

( f ) is a member of the Commission of the European Union,

( g ) is a Judge, Advocate General or Registrar of the Court of Justice of the European Union,

( h ) is a member of the Court of Auditors of the European Union,

( i ) is a member of the Garda Síochána,

( j ) is a wholetime member of the Defence Forces,

( k ) is a civil servant who is not by the terms of his/her employment expressly permitted to be a member of the European Parliament,

( l ) is a person of unsound mind,

( m ) is undergoing a sentence of imprisonment for any term exceeding six months, whether with or without hard labour, or of penal servitude for any period imposed by a court of competent jurisdiction in the State, or

( n ) is an undischarged bankrupt under an adjudication by a court of competent jurisdiction in the State,

is not eligible for election to the European Parliament.

5. Penalties.

A person is liable to imprisonment or fine or both under the European Parliament Elections Acts, 1977 to 1993, the European Parliament Elections (Voting and Candidature) Regulations, 1994 the Statutory Declarations Act, 1938 for--

(1) nominating a person as a replacement candidate without the person's consent,

(2) making a false declaration that a person is eligible for nomination as a replacement candidate or does not stand validly nominated as a replacement candidate in respect of any other constituency,

(3) making any other declaration in a replacement candidates' list, knowing it to be false, and

(4) producing an attestation regarding qualification for election from the competent administrative authority of the replacement candidate's home Member State, knowing it to be forged.

SCHEDULE.

PART III.

Form SV2

(Section 10 of Act of 1986)

(Form of Declaration of Identity by Special Voter).

DECLARATION OF IDENTITY BY SPECIAL VOTER.

Name of Special Voter ............................................................ ............................................................ ...............

Address ............................................................ ............................................................ .......................................

Number of Special Voters List ............................................................ ............................................................ .

I hereby declare that I am the person to whom the above particulars relate.

Signature of Special Voter

(or mark, if unable to write) ............................................................ ............................................................ .......

I hereby certify that the declaration of identity was made by the above-mentioned special voter in my presence.

Signature of Special Presiding Officer: ............................................................ ................................................

Date ..................................................

(See notes and instructions on back of this form).

(Back of Form).

DECLARATION OF IDENTITY BY SPECIAL VOTER.

Notes and Instructions.

The special voter's ballot paper will be brought to him/her by a special presiding officer in the presence of a member of the Garda Síochána. This declaration of identity must be witnessed by the special presiding officer. If the special presiding officer is satisfied as to the voter's identity, he/she will give the voter a ballot paper. Having marked his/her ballot paper in secret, the voter will place it in a ballot paper envelope which he/she will seal and hand to the special presiding officer who will place it and the declaration of identity in an envelope addressed to the returning officer. The special presiding officer will convey the envelope to the returning officer who will treat it as if it were an envelope received from a postal voter.

Form SV3

(Section II of Act of 1986)

LABEL TO BE AFFIXED TO COVERING ENVELOPE.

Form SV4

(Section 12 of the Act of 1986)

SPECIAL BALLOT PAPER ACCOUNT.

Constituency: ............................................................ ............................................................ .............................

Total number of ballot papers entrusted to special presiding officer:   ............................................

DEDUCT

I certify that this Account is true and accurate.

Form XV6

(Section 16 of Act of 1986)

(Form of Declaration of Identity by Postal Voter).

DECLARATION OF IDENTITY BY POSTAL VOTER.

I hereby declare that I am the person to whom the ballot paper I now produce unmarked was sent.

Signature of Postal Voter: ............................................................ ............................................................ .........

The above named, who is personally known to me (or is identified to me by .................................

who is personally known to me), produced the ballot paper unmarked, signed the above declaration in my presence and marked the ballot paper in secret in my presence.

Signature of Authorised person ............................................................ ..........................................................

Date ............................................................ ........................

(See Notes and Instructions overleaf).

(Back of Form).

DECLARATION OF IDENTITY BY POSTAL VOTER.

Notes and Instructions.

1. In this form "postal voter" means a person who is registered as a postal voter by reason of being a civil servant serving outside the State as a member of a diplomatic mission or a consular post or the spouse of such civil servant. "Authorised person" means a person appointed by the Secretary of the Department of Foreign Affairs to be present at voting by a postal voter.

2. The postal voter must produce to the authorised person--

( a ) the ballot paper (showing it to be unmarked), and

( b ) the form of declaration of identity.

He/she must then sign the declaration of identity in the presence of the authorised person who will witness his/her signature. In the presence of the authorised person, the postal voter will mark the ballot paper in secret, fold it and place it in the envelope marked "Ballot Paper Envelope." He/she will seal this envelope and place it, together with the declaration of identity, duly signed and witnessed, in the envelope addressed to the returning officer. This envelope must be dispatched so as to be received by the returning officer before the time fixed for the close of the poll; otherwise the ballot paper cannot be included in the count.

GIVEN under the Official Seal of the Minister for the Environment, this 6th day of April, 1994.

MICHAEL SMITH,

Minister for the Environment.

EXPLANATORY NOTE.

These regulations prescribe certain forms for use at elections of representatives to the Parliament of the European Union.