S.I. No. 415/1998 - European Parliament Elections (Forms) Regulations, 1998


S.I. No. 415 of 1998.

EUROPEAN PARLIAMENT ELECTIONS (FORMS) REGULATIONS, 1998

The Minister for the Environment and Local Government, in exercise of the powers conferred on him by section 3 of the European Parliament Elections Act, 1997 (No. 2 of 1997) hereby makes the following Regulations:—

1. These Regulations may be cited as the European Parliament Elections (Forms) Regulations, 1998.

2. In these Regulations a reference to the Second Schedule is a reference to the Second Schedule to the European Parliament Elections Act, 1997 .

3. Each of the forms in 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

Form EP2

(Second Schedule Rule 5(1))

NOMINATION PAPER

No. ____ (to be assigned by returning officer)

PLEASE READ NOTES BEFORE COMPLETING FORM

-----------------------------------------------------------------------------------------------------------------

1. I 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 (if any) _____________________________________________

Name of Registered Political Party (if any) __________________________

Name of European Parliament Political Group (if any) _________________

NOTE: See section 3 of the notes on this form.

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 an EU 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 the 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 EU 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.

NOTE: See section 7 of the notes on this form.

4. The person named as a candidate wishes to have the attached photograph included on the ballot paper (tick as appropriate) □ Yes □ No

NOTE: The technical requirements for the photograph to be included on the ballot paper are set out in section 8 of the notes on this form.

5. Name and address of person making the deposit

_____________________________________________________________

_____________________________________________________________

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

The proposer's number and polling district letter on the register of electors for the county/county borough of ____________________ are __________________ .

7. Signature of person making the nomination

____________________________________________________________

Address _____________________________________________________

____________________________________________________________

Date ________________________________________________________

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

___________________________________________________________

___________________________________________________________ )

_____________________

RETURNING OFFICER

Date __________________

 ________________________________________________________________

[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  ___________________________________________________________________ 

___________________________________________________________________ )

______________________

RETURNING OFFICER

Address _______________________________________________________

Date  ________________________________________________________________

FORM EP2

Notes on NOMINATION PAPER

These notes are for guidance only and do not purport to be a definitive statement of the law which is set out in sections 11 to 13 of, and rules 4 to 13 of the Second Schedule to, the European Parliament Elections Act, 1997 .

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 a proposer who is a registered 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 nomination before 12 noon on the day (disregarding any excluded day) after the latest date for receiving nominations,

(b) dies before the poll is closed,

(c) has not, before the latest time for receiving nominations, been validly nominated,

(d) is elected, or

(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-quarter of the quota.

The deposit will be returned to the person making it and that person's name should be entered at section 5 of the form.

3. Certificates of Political Affiliation and of European Political Affiliation

(a) A party candidate may include in the nomination paper the name of his/her registered political party, 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.

(b) A non-party candidate may enter the words "Non-Party" in the part of section 1 of this form relating to a registered political party or may leave the space blank. A non-party candidate who is a sitting MEP may include on the nomination paper the name of the European Parliament political group of which he/she is a member, provided a completed Certificate of European Political Affiliation is produced to the returning officer with the nomination paper. This is a certificate signed by a member of the Secretariat of the relevant political group that the candidate is a member of the political group named in the certificate and formed in accordance with the rules and procedure of the European Parliament.

4. Delivery of Nomination Paper

The completed nomination paper must be delivered to the returning officer in person by the candidate or 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 candidate's name if it:

(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 candidate's description if it is, in his/her opinion, incorrect, insufficient to identify the candidate or unnecessarily long or contains a political reference other than one covered by section 3 of these notes or a reference to a public or elected office held, or formerly held, by the candidate. The ruling on the nomination paper may be attended by the candidate and proposer (if any), one other person designated by the candidate (or his/her proposer) and any other person authorised by the returning officer.

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

In the case of a candidate who is a national of an EU Member State 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 EP3 (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 the home Member State and that the candidate 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 is not eligible for election by the European Parliament if he/she —

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

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

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

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

(e) holds the office of President of Ireland, Minister of the Government, Judge or Comptroller and Auditor 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 Consultative Committee of the European Coal and Steel Community or member of the Economic and Social Committee of the European Economic Community and of the European Atomic Energy Community;

(j) is a member of committees or other bodies set up pursuant to the Treaties establishing the European Coal and Steel Community, the European Economic Community and the European Atomic Energy Community for the purpose of managing the Communities' funds or carrying out a permanent direct administrative task;

(k) is a member of the Board of Directors, Management Committee or staff of the European Investment Bank;

(l) is an active official or servant of the institutions of the European Union or of the specialised bodies attached to them;

(m) is a member of the Garda Síochána,

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

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

(p) is a person of unsound mind,

(q) is undergoing a sentence of imprisonment for any term exceeding six months imposed by a court of competent jurisdiction in the State, or

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

8. Candidate's photograph

If a candidate wishes to have his/her photograph included on the ballot paper, two identical copies of the photograph (75mm x 100mm) must be produced with the nomination paper. The photograph must be recent, of good quality, in colour and taken to a professional standard, showing the candidate's full face, head and shoulders only on a light background. The reverse of the photograph must be white and unglazed.

Each copy of the photograph must have the candidate's name clearly printed and attached to the back. Writing on the back of a copy may reduce the quality of the photograph on the ballot paper.

The photograph may be supplied in digitised format on disk but must be accompanied by two hard copies (75mm x 100mm) which are replicas of the photograph on disk.

If one copy only of the photograph is produced, or, if the copies produced do not comply with the above requirements, the returning officer may not include the candidate's photograph on the ballot paper. If no photograph is supplied, the space for the candidate's photograph will be left blank on the ballot paper.

THE ONUS IS ON THE CANDIDATE TO SUPPLY A

RECENT PHOTOGRAPH OF GOOD QUALITY

9. Withdrawal of nomination

A candidate may withdraw his/her nomination up to 12 noon on the day (disregarding any excluded day) after the latest date for receiving nominations. The notice of withdrawal to the returning officer must be signed by the candidate and delivered in person by the candidate or proposer. Where the returning officer is satisfied that a candidate wishes to withdraw and that the candidate and proposer cannot attend in person, the returning officer will accept a notice of withdrawal, signed by the candidate and by the person delivering it, which is received by the latest time for withdrawal.

10. Penalties

A person is liable to a fine or imprisonment or both under the European Parliament Elections Act, 1997 for—

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

(2) producing to the returning officer a forged nomination paper or certificate of either political affiliation or European political affiliation,

(3) making a false declaration that a candidate is eligible for election or has consented to nomination or does not stand validly nominated in any other constituency or is not a candidate at the election in any other Member State,

(4) producing a forged attestation regarding eligibility for election from the competent administrative authority of the candidate's home Member State,

(5) offering or accepting bribes or exercising undue influence in relation to a candidature or the withdrawal, or non-withdrawal, of a candidature.

FORM EP3

(Second Schedule Rules 6(1)(a) and 19(2)(a))

STATUTORY DECLARATION BY A CANDIDATE OR A REPLACEMENT CANDIDATE WHO IS A NATIONAL OF A MEMBER STATE OTHER THAN THE STATE OR THE UNITED KINGDOM

I, __________________________________________________________________ do solemnly and sincerely declare that:

(a) I am a national of the following Member State ________________________________

(b) I am ordinarily resident in Ireland at the following address _______________________

________________________________________________________________

(c) My name was last entered on the electoral roll in my home Member State in the #locality/constituency [#delete, as appropriate] of __________________________,

and

(d) I am not standing as a candidate for election to the European Parliament in any other Member State,

and I make this solemn declaration conscientiously believing the same to be true and by virtue of the Statutory Declarations Act, 1938 .

Signature ____________________ 

Declared before me by __________________________________________ who is personally known to me (or who is identified to me by _____________________________ who is personally known to me) at ________________________________________ this ____ day of _____________________________ .

Signature: ____________________________________________________

Qualification#: ___________________________________________________

(#Indicate whether Notary Public, Peace Commissioner or Commissioner for Oaths)

Address: _____________________________________________________

 ________________________________________________________________

PENALTIES

A person who knowingly makes a false or misleading statutory declaration is liable on conviction to a fine not exceeding fifty pounds or imprisonment for a term not exceeding three months or both.

FORM EP4

(Second Schedule Rule 18(1))

REPLACEMENT CANDIDATES LIST

(Registered political parties)

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 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 

________________________________________________________________

REPLACEMENT CANDIDATE(S)

CITIZENSHIP/NATIONALITY

SURNAME

OTHER NAME(S)

ADDRESS

IRELAND OR UK

OTHER MEMBER STATE

PLEASE USE BLOCK LETTERS

TICK AS APPROPRIATE

1.

2.

3.

4.

5.

6.

7.

8.

NOTE: : If a replacement candidate, is a national of an EU 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 the notes on this form.

2. I/we have read the notes on this form and 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 EU Member State.

NOTE: See section 4 of the notes on this form.

Signature(s) of authorised officer(s)

1.  ________________________________________________________________

2.  ________________________________________________________________

3.  ________________________________________________________________

Date: ______________________________________________________________

---------------------------------------------------------------------------------------------------------------

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

 ________________________________________________________________

 ________________________________________________________________ )

________________________

RETURNING OFFICER

Date ____________________

FORM EP4

Notes on REPLACEMENT CANDIDATES LIST [Registered political party]

These notes are for guidance only and do not purport to be a definitive statement of the law which is contained in sections 11 and 12 of, and rules 17 to 19 of the Second Schedule to, the European Parliament Elections Act, 1997 .

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, with his/her/their consent, one or more persons to be replacement candidates in each constituency. A person who is a candidate at the election may be nominated as a replacement candidate.

The number of replacement candidates 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 must 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 candidates list only in a constituency.

The replacement candidates list must be signed by the party's authorised officer(s), viz. the person(s) whose name(s) is/are entered in the Register of Political Parties pursuant to section 25(4)(c) of the Electoral Act, 1992 .

The completed replacement candidates list must be delivered to the returning officer within the period fixed for receiving nominations. Delivery may be made by the authorised officer(s) who signed the list, or by a person who is a candidate of the party in the constituency concerned.

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

Where a person who is a national of an EU Member State other than Ireland or the United Kingdom is nominated as a replacement candidate, and is not also nominated as a candidate in the constituency, the replacement candidates list must be accompanied by :—

(i) a statutory declaration made by the person on Form EP3 (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.

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

A person is not eligible for election by the European Parliament if he/she—

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

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

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

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

(e) holds the office of President of Ireland, Minister of the Government, Judge or Comptroller and Auditor 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 Consultative Committee of the European Coal and Steel Community or member of the Economic and Social Committee of the European Economic Community and of the European Atomic Energy Community;

(j) is a member of committees or other bodies set up pursuant to the Treaties establishing the European Coal and Steel Community, the European Economic Community and the European Atomic Energy Community for the purpose of managing the Communities' funds or carrying out a permanent direct administrative task;

(k) is a member of the Board of Directors, Management Committee or staff of the European Investment Bank;

(l) is an active official or servant of the institutions of the European Union or of the specialised bodies attached to them;

(m) is a member of the Garda Síochána,

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

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

(p) is a person of unsound mind,

(q) is undergoing a sentence of imprisonment for any term exceeding six months imposed by a court of competent jurisdiction in the State, or

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

5. Withdrawal of replacement candidates list

A replacement candidates list may be withdrawn by notice in writing signed by the authorised officer(s) and handed to the returning officer by such officer(s) or by a party candidate in the constituency concerned within the period fixed for receiving nominations. Where, at the latest time for withdrawal of nominations, no party candidate stands nominated, the replacement candidates list for that party is deemed to have been withdrawn.

6. Penalties

A person is liable to a fine or imprisonment or both under the European Parliament Elections Act, 1997 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 either a replacement candidate in any other constituency or as a candidate in any other Member State;

(3) producing a forged attestation regarding eligibility for election from the competent administrative authority of the replacement candidate's home Member State;

FORM EP5

(Second Schedule Rule 18(1))

REPLACEMENT CANDIDATES LIST

(Non-party candidates)

IDENTIFYING LETTERS ___ (to be assigned by returning officer)

PLEASE READ NOTES BEFORE COMPLETING FORM

Name of non-party candidate presenting replacement candidates list:

Surname: ____________________________________________________

Other name(s): _________________________________________________

1. I 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 ________________________________ .

REPLACEMENT CANDIDATE(S)

CITIZENSHIP/NATIONALITY

SURNAME

OTHER NAME(S)

ADDRESS

IRELAND OR UK

OTHER MEMBER STATE

PLEASE USE BLOCK LETTERS

TICK AS APPROPRIATE

1.

2.

3.

NOTE: If a replacement candidate is a national of an EU 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 the notes on this form.

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

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

(i) has consented to nomination;

(ii) is, to the best of my 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 EU Member State.

NOTE: See section 4 of the notes on this form.

Signature of non-party candidate: ________________________________________ 

Address: _______________________________________________________ 

 ________________________________________________________________

Date: __________________________________________________________

-------------------------------------------------------------------------------------------------------------

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

 ________________________________________________________________

 ________________________________________________________________

___________________________

RETURNING OFFICER

Date:____________________

FORM EP5

Notes on REPLACEMENT CANDIDATES LIST [Non-party candidates]

These notes are for guidance only and do not purport to be a definitive statement of the law which is contained in sections 11 and 12 of, and rules 17 to 19 of the Second Schedule to, the European Parliament Elections Act, 1997 .

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, with their consent, up to three persons to be replacement candidates in the constituency. 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 must 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, signed by the candidate, must be delivered to the returning officer by the candidate or proposer within the period fixed for receiving nominations.

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

Where a person who is a national of an EU Member State other than Ireland or the United Kingdom is nominated as a replacement candidate and is not also nominated as a candidate in the constituency, the replacement candidates list must be accompanied by:—

(i) a statutory declaration made by the person on Form EP3 (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

A person is not eligible for election by the European Parliament if he/she

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

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

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

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

(e) holds the office of President of Ireland, Minister of the Government, Judge or Comptroller and Auditor 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 Consultative Committee of the European Coal and Steel Community or member of the Economic and Social Committee of the European Economic Community and of the European Atomic Energy Community;

(j) is a member of committees or other bodies set up pursuant to the Treaties establishing the European Coal and Steel Community, the European Economic Community and the European Atomic Energy Community for the purpose of managing the Communities' funds or carrying out a permanent direct administrative task;

(k) is a member of the Board of Directors, Management Committee or staff of the European Investment Bank;

(l) is an active official or servant of the institutions of the European Union or of the specialised bodies attached to them;

(m) is a member of the Garda Síochána,

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

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

(p) is a person of unsound mind,

(q) is undergoing a sentence of imprisonment for any term exceeding six months imposed by a court of competent jurisdiction in the State, or

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

5. Withdrawal of replacement candidates list

A replacement candidates list may be withdrawn by notice in writing signed by the candidate and handed to the returning officer by the candidate or proposer within the period fixed for receiving nominations. Where, at the latest time for withdrawal of nominations, the candidate has withdrawn or is deemed to have withdrawn, the replacement candidates list is deemed to have been withdrawn.

6. Penalties

A person is liable to a fine or imprisonment or both under the European Parliament Elections Act, 1997 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 either a replacement candidate in respect of any other constituency or as a candidate in any other Member State,

(3) producing a forged attestation regarding eligibility for election from the competent administrative authority of the replacement candidate's home Member State.

GIVEN under the official seal of the Minister for the Environment and Local Government this 27th day of October, 1998.

NOEL DEMPSEY

Minister for the Environment and Local Government.

EUROPEAN PARLIAMENT ELECTIONS (FORMS)

REGULATIONS, 1998

EXPLANATORY NOTE

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