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The Police and Crime Commissioner Elections Order 2012

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a UK Statutory Instrument: The Police and Crime Commissioner Elections Order 2012 No. 1917

Nomination papers: name of registered political party
This section has no associated Explanatory Memorandum

6.—(1) A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with a registered political party unless—

(a)the party is a qualifying party in relation to the police area, and

(b)the use of the description is authorised by a certificate that is—

(i)issued by or on behalf of the registered nominating officer of the party, and

(ii)received by the police area returning officer before the last time for the delivery of nomination papers set out in the Table in rule 1.

(2) In paragraph (1) an authorised description must be—

(a)the name of the party registered under section 28 of the 2000 Act(1), or

(b)a description of the party registered under section 28A of that Act(2).

(3) A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with two or more registered political parties unless—

(a)the parties are each qualifying parties in relation to the police area,

(b)the description is a registered description, and

(c)the use of the description is authorised by a certificate that is—

(i)issued by or on behalf of the registered nominating officer of each of the parties, and

(ii)received by the police area returning officer before the last time for the delivery of nomination papers set out in the Table in rule 1.

(4) For the purposes of paragraph (3), “registered description” means a joint description registered for use by the parties under section 28B of 2000 Act(3).

(5) A person is guilty of a corrupt practice if the person fraudulently purports to be authorised to issue a certificate under paragraph (1) or (3) on behalf of a registered political party’s nominating officer.

(6) For the purposes of the application of this rule in relation to a PCC election—

(a)“registered political party” means a party which was registered under Part 2 of the 2000 Act on the day (“the relevant day”) which is two days before the last day for the delivery of nomination papers at that PCC election, and

(b)a registered political party is a qualifying party in relation to a police area in England or Wales if the party was on the relevant day registered in respect of England or Wales (as the case may be) in the Great Britain register maintained under that Part of that Act.

(7) For the purposes of paragraph (6)(a), any day specified in rule 3 is to be disregarded.

(1)

Section 28 was amended by S.I. 2004/366 and by section 48 of the Electoral Administration Act 2006 (c.22). Section 22 of the Political Parties, Elections and Referendums Act 2000 is amended by article 24 of this Order so that the requirements as to registration of political parties in Part 2 of that Act apply to elections of police and crime commissioners.

(2)

Section 28A was inserted by section 49(1) of the Electoral Administration Act 2006.

(3)

Section 28B was inserted by section 49(1) of the Electoral Administration Act 2006.

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