Nomination
Section 21 Use of candidates’ common names
119.This section amends Schedule 1 (parliamentary election rules) to the 1983 Act by making a new provision to enable candidates to use the name which they commonly use (their “common name”) on the ballot paper. Examples of such names include
a single name (for example, “Sting”);
a shortened version of a forename (for example, “Bob” instead of Robert);
a professional or stage name (for example, “Michael Caine” instead of Maurice Joseph Micklewhite);
a name where initials are used (for example, A.A. Milne, John H. Stracey or Malcolm X); or
a married woman’s maiden name which she retains in connection with her job or profession.
120.Subsection (2) inserts new paragraph (2A) into rule 6 (Nomination of candidates), which provides that if a candidate commonly uses a surname or a forename which is different from any other surname or forename he has, the nomination paper may state the commonly used surname or forename in addition to any other name.
121.Subsection (3) inserts new paragraphs (2A) to (2C) into rule 14 (Publication of statement of persons nominated). Paragraph (2A) provides that where a nomination paper bears a commonly used name the statement of persons nominated shall show the person’s commonly used name instead of the other name.
122.Paragraph (2B) provides that paragraph (2A) does not apply if the returning officer thinks that the commonly used name may be likely to mislead or confuse voters or is obscene or offensive. Paragraph (2C) requires the returning officer to give notice in writing of his reasons for refusing the use of a commonly used name.
123.Subsection (4) amends the Form of Nomination Paper in the Appendix of Forms in Schedule 1 by adding additional columns in which a candidate can include his commonly used surnames and forenames, if applicable.
124.Subsection (5) amends the notes accompanying the Form of Nomination Paper. The candidate is advised that he may include his commonly used name on the nomination paper, but that if he does so it is that name which will appear on the ballot paper. The notes also advise of the circumstances in which a returning officer might refuse the use of a common name.
Section 22 Candidate not to stand in more than one constituency
125.This section introduces a new paragraph (c) into Rule 8(3) of Schedule 1 to the Representation of the People Act 1983 (Candidate’s consent to nomination). This provides that a candidate must state on the consent form that he is only standing in one constituency at a UK Parliamentary election.
Section 23 Offences as to false statements in nomination papers
126.This section amends section 65A of the 1983 Act.
127.Subsection (1) of section 65A is amended to provide that a person shall be guilty of a corrupt practice if they authorise a candidate to use a description knowing that that person will be standing in more than one constituency where the poll is to be held on the same day.
128.A new subsection (1A) is inserted into section 65A which provides that a person is guilty of a corrupt practice where he makes a false statement in any document in which he gives his consent to nomination as to:
his date of birth;
his qualification for being elected;
the fact that he is not a candidate at an election for any other constituency where the poll is to be held on the same day as the poll at the election to which the consent relates.
129.A relevant election for the purposes of section 65A is generally any parliamentary election or any local government election in England and Wales. However, since the requirement (introduced by section 22 of this Act) for a candidate to state that he is not a candidate in any other constituency applies only to parliamentary elections, local government elections are not relevant elections for the purposes of the related corrupt practices created by section 23 of this Act.
