Schedule 1A to the 2002 Act
PERIODIC REVIEWS OF DISTRIBUTION OF MEPS
Electoral Commission review and recommendation
1 (1) As soon as possible after 1st May in a pre-election year the
Electoral Commission (“the Commission”) must, subject to
(a) carry out a review (“the periodic review”) of the
distribution of MEPs between the electoral regions; and
(b) report its conclusions to the Secretary of State.
(2) In carrying out the periodic review the Commission must consider
whether (assuming that each region is entitled to be allocated at
least three MEPs) the ratio of electors to MEPs is as nearly as
possible the same for every electoral region.
(3) If the Commission concludes that the result mentioned in sub-
paragraph (2) is not achieved by the current distribution of MEPs,
it must include in its report a recommendation specifying a
distribution that would achieve that result.
(4) The report must be published by the Commission and laid before
Parliament by the Secretary of State.
Exclusion or suspension of duties under paragraph 1
2 (1) The Commission may not take any step (or further step) under
paragraph 1 if a 2003 Act order is made or a suspension notice is
given to the Commission—
(a) within the period of 12 months ending with 1st May in the
pre-election year in question or,
(b) after the end of that period but before the Commission
makes its report,
unless and until the duties under paragraph 1 revive by virtue of
(2) If the Secretary of State withdraws a suspension notice more than
nine months before the date of the poll for the next general election
of MEPs, the duties under paragraph 1 revive (but subject again to
(3) In this Schedule—
“2003 Act order” means an order under section 4 of the
European Parliament (Representation) Act 2003 (orders
implementing changes in the number of United Kingdom
MEPs) which takes effect in relation to the next general
election of MEPs after it is made; and
“suspension notice” means a notice stating that the
Secretary of State considers it likely that a 2003 Act order
will be made before the next general election of MEPs.
Implementation of Electoral Commission recommendation
3 (1) Where a recommendation under paragraph 1(3) is made to him,
the Secretary of State must—
(a) lay before Parliament a draft of an order giving effect to the
recommendation by amending any of the numbers
specified in section 1(3); and
(b) if the draft is approved by resolution of each House, make
an order in the terms of the draft.
(2) An order under this paragraph may make consequential,
transitional or saving provision.
(3) Provision made under sub-paragraph (2) may modify any
(4) The Secretary of State must consult the Commission before laying
an order under this paragraph before Parliament.
(5) This paragraph has effect subject to paragraphs 4 and 5.
4 (1) If a motion for the approval of a draft of an order under paragraph
3 is rejected by either House or withdrawn by leave of the House,
the Secretary of State may, after consulting the Commission, alter
the draft order and lay it before Parliament for approval.
(2) But the Secretary of State may not, without the consent of the
Commission, alter a draft order so as to propose a distribution of
MEPs other than that recommended under paragraph 1(3).
(3) The Commission may not give its consent under sub-paragraph
(2) unless it is satisfied that the distribution of MEPs could have
been recommended under paragraph 1(3).
(4) If an altered draft order is approved by both Houses the Secretary
of State must make an order under paragraph 3 in terms of the
(5) This paragraph has effect subject to paragraph 5.
Exclusion or suspension of duties and powers under paragraph 3 or 4
5 (1) The Secretary of State may not take any step (or further step)
under paragraph 3 or 4 if a 2003 Act order is made before he would
otherwise have taken it.
(2) Subject to that, the Secretary of State is not required to take any
step (or further step) under paragraph 3 or 4 if and so long as he is
of the opinion that it is likely that a 2003 Act order will be made
before the next general election of MEPs.
(3) But if he ceases to be of that opinion, the Secretary of State—
(a) may not make an order under paragraph 3 on or after the
relevant day; and
(b) is not required not take any other step under paragraph 3
or 4 if he does not consider that it will be practicable to
make an order under paragraph 3 before the relevant day.
(4) In sub-paragraph (3) “the relevant day” means the first day of the
period of four months ending with the day on which the poll for
the next general election of MEPs is to be held.
6 (1) In this Schedule—
“general election of MEPs” means an election required to be
held in the United Kingdom by virtue of Article 10(2) of
the Act annexed to Council Decision 76/787;
“pre-election year” means a year (including 2003) which
immediately precedes a year in which a general election
of MEPs is to be held; and
“relevant register” means—
(a) a register of parliamentary electors;
(b) a register of local government electors;
(c) a register of peers maintained under section 3 of
the Representation of the People Act 1985 (peers
resident outside the United Kingdom); and
(d) a register maintained under regulation 5 of the
European Parliamentary Elections (Franchise of
Relevant Citizens of the Union) Regulations 2001
(SI 2001/1184) (citizens of the European Union
other than Commonwealth and Republic of
(2) For the purposes of paragraph 1(2) a person is an “elector”, in
relation to an electoral region, if his name appears on 1st May in
the pre-election year concerned in (or in any part of) a relevant
register which relates to the region.
(3) In calculating the total number of electors for any electoral
(a) persons who are registered but have not attained the age of
18 are to be counted as electors;
(b) a citizen of the European Union (not being a
Commonwealth citizen or a citizen of the Republic of
Ireland) who is registered only for the purposes of local
government elections is to be disregarded; and
(c) the Electoral Commission may assume that each relevant
register is accurate and that names appearing more than
once on registers (or parts of registers) which relate to an
electoral region are the names of different electors.”
European Parliament (Representation) Bill
To make provision enabling alterations to be made to the total number of
Members of the European Parliament to be elected for the United Kingdom
and to their distribution between the electoral regions; to make provision for
and in connection with the establishment of an electoral region including
Gibraltar for the purposes of European Parliamentary elections; and for
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Ordered to be Printed, 4th February 2003
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