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Registration of Political Parties Act 1998

Status:

This is the original version (as it was originally enacted).

SCHEDULES

Section 2.

SCHEDULE 1Applications for Registration

Introductory

1An application for inclusion in the register of political parties—

(a)must comply with paragraphs 2 to 8 below, and

(b)must be accompanied by any fee prescribed by order made by the Secretary of State.

Names

2(1)An application must specify either—

(a)a name to be the party’s registered name, or

(b)a name in Welsh and a name in English to be the party’s registered names.

(2)If a name to be registered is in a language other than English or Welsh the application must include an English translation.

Headquarters

3An application must specify—

(a)the address of the party’s headquarters, or

(b)if the party has no headquarters, an address to which communications to the party may be sent.

Registered officers

4(1)An application must give the name and home address of a person to be registered as the party’s leader.

(2)That person must be—

(a)the overall leader of the party, or

(b)where there is no overall leader of the party, a person who is the leader of the party for some purpose specified in the application.

5(1)An application must give the name and home address of a person to be registered as the party’s nominating officer.

(2)A party’s registered nominating officer must have responsibility for the arrangements for—

(a)the submission by representatives of the party of lists of candidates for the purpose of elections, and

(b)the approval of descriptions and emblems used on nomination and ballot papers at elections.

6If one person is named in an application both as leader and as nominating officer, the application must also give the name and home address of the holder of some other specified office in the party.

Additional information

7An application must include any other information prescribed by order made by the Secretary of State.

Signature

8An application must be signed by the proposed registered leader or registered nominating officer and must include a declaration that he is authorised to sign the application on behalf of the party.

Section 13.

SCHEDULE 2Amendments of the Parliamentary Elections Rules

1The Parliamentary Elections Rules set out in Schedule 1 to the Representation of the [1983 c. 2.] People Act 1983 shall be amended as follows.

2After rule 6 (nomination of candidates) insert—

Nomination papers: name of registered political party

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

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

(b)received by the returning officer at some time during the period for delivery of nomination papers set out in the Table in rule 1.

(2)A person shall be guilty of a corrupt practice if he fraudulently purports to be authorised to issue a certificate under paragraph (1) on behalf of a registered political party’s nominating officer.

(3)In the application of this rule in relation to an election “registered political party” means a party which was registered under the Registration of Political Parties Act 1998 at the time by which the notice of election is required to be published by virtue of rule 1..

3(1)Rule 12 (decisions as to validity of nomination papers) is amended as follows.

(2)At the beginning of paragraph (3) insert “Subject to paragraph (3A),”.

(3)After paragraph (3) insert—

(3A)If in the returning officer’s opinion a nomination paper breaks rule 6A(1), he shall give a decision to that effect as soon as practicable after the close of the period for delivery of nomination papers set out in the Table in rule 1..

(4)In paragraph (4) for “Where he” substitute “Where the returning officer”.

4In rule 19 (the ballot papers), after paragraph (2) insert—

(2A)If a candidate who is the subject of a party’s authorisation under rule 6A(1) so requests, the ballot paper shall contain, against the candidate’s particulars, the party’s registered emblem (or, as the case may be, one of the party’s registered emblems).

(2B)The request must—

(a)be made in writing to the returning officer, and

(b)be received by him during the period for delivery of nomination papers set out in the Table in rule 1..

5In the Appendix of Forms, for the form of the front of the ballot paper there shall be substituted the form set out in the Appendix to this Schedule.

6In the Directions as to printing the ballot paper in the Appendix of Forms—

(a)in paragraph 2(a) for “and the particulars of the candidates” substitute “, the particulars of the candidates and words forming part of emblems”, and

(b)after paragraph 3 add—

3AWhere an emblem is to be printed against a candidate’s particulars—

(a)it shall be printed between the candidate’s particulars and the vertical rule separating the candidates' particulars from the spaces where the vote is to be marked, and

(b)its size as printed shall not exceed two centimetres square..

Appendix

VOTE FOR ONE CANDIDATE ONLY

Voting Form: This table displays the format of the candidate voting form.

Section 23.

SCHEDULE 3Consequential Amendments and Modifications

European Parliamentary Elections Act 1978 (c. 10)

1In section 3(8)(a) of the European Parliamentary Elections Act 1978 (electoral system in Great Britain: meaning of “registered party”) for “a party registered under any enactment providing for the registration of political parties” substitute “a party registered under the Registration of Political Parties Act 1998”.

Companies Act 1985 (c. 6)

2Section 704(2) of the Companies Act 1985 (staff) shall have effect as if the purpose referred to included the purpose of carrying out functions under this Act.

Broadcasting Act 1990 (c. 42)

3In sections 36(3) and 107(2) of the Broadcasting Act 1990 (party political broadcasts) after “subsection (1)” insert “but subject to section 14 of the Registration of Political Parties Act 1998 (prohibition of broadcasts by unregistered parties)”.

Deregulation and Contracting Out Act 1994 (c. 40)

4Section 74(4)(a) of the Deregulation and Contracting Out Act 1994 (office-holders) applies in relation to functions conferred by this Act as it applies in relation to functions conferred by the Companies Acts.

Government of Wales Act 1998 (c. 38)

5In section 4(8) of the Government of Wales Act 1998 (National Assembly for Wales: voting at ordinary elections) for “a party registered under any enactment providing for the registration of political parties” substitute “a party registered under the Registration of Political Parties Act 1998”.

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