Registration of parties
Section 48 Registered names of parties
271.This section amends section 28 of the 2000 Act (Registration of parties), by inserting new subsection (4)(da). The effect of this amendment is to enable the Electoral Commission to refuse to register a political party where the party proposes a name which, if it were to appear on a ballot paper, would be likely to:
mislead an elector as to the effect of his vote (for example, a party name such as “Abstain from Voting” could lead a voter to believe that by placing his mark in the box next to the party name, he would be indicating his intention to abstain); or
adversely affect an elector’s understanding of any directions given on the ballot paper or elsewhere which are provided for his guidance in voting (for example, a party name such as “Place Your X Here” might be taken by a voter to be a direction and could, therefore, conflict with the direction which appears on the ballot paper: “vote for one candidate only”).
Section 49 Political party descriptions
272.Subsection (1) inserts new sections 28A and 28B into the 2000 Act. These make new provision regarding the descriptions that candidates standing on behalf of political parties may use, and the process by which they may be registered with the Electoral Commission.
273.Section 28A(1) entitles a registered party to request up to twelve descriptions for use on its nomination papers or ballot papers.
274.Section 28A(2) provides that the Electoral Commission should register the descriptions unless they exceed six words in length or fall into one of the categories listed in sub-paragraphs (a) to (g). Those sub-paragraphs are similar to the constraints upon the registered name of a party which are governed by section 28 of the 2000 Act. These constraints include whether the name is the same or confusingly similar to another party’s registered description, whether it would be offensive, or would be misleading or confusing to the voter if it appeared on the ballot paper, or if it contains words or expressions which are prohibited from being used as the registered name of a party.
275.Section 28A(5) clarifies that in the case of a party registered for the purposes of relevant elections in Wales, the number of words can be up to six words in English and up to six words in Welsh.
276.Section 28A(6) and (7) empower the Secretary of State by order to change the number of descriptions that a party can register. He must consult the Electoral Commission before making such an order.
277.Section 28B addresses the situation where two or more parties come together to campaign at an election and wish their joint candidates to be able to use a joint description on their nomination papers and ballot paper.
278.Subsection (2) amends section 30 of the 2000 Act, which concerns the manner of amending the register of descriptions of parties. The amendments also specify the grounds on which the Electoral Commission may refuse an application for amendment. These criteria are similar to those relevant to registering the party name or descriptions, and also ensure that the maximum number of registered descriptions does not exceed twelve (or such other number as the Secretary of State has provided under section 28A(6)). It also prevents a registered description being removed during a pending election.
Section 50 Confirmation of registered particulars
279.This section amends section 32 of the 2000 Act (Confirmation of Registered particulars), by setting a new period within which a party must submit to the Electoral Commission confirmation of the party’s registered particulars.
280.Section 32(1) of the 2000 Act currently requires the treasurer of a registered political party to provide the Electoral Commission with confirmation of the party’s registered particulars at the same time as the party submits its annual statement of accounts.
281.Subsections (2) and (3) amend section 32(1) and insert new section 32(1A) respectively. Consequently, a party is no longer required to submit confirmation of its registered particulars at the same time as it submits its annual statement of accounts. Instead, confirmation of registered particulars must be submitted within the “specified period”.
282.The “specified period” begins on the first day of the period within which the party must submit its statement of accounts and ends six months after the end of that period. At present, under section 45 of the 2000 Act, a party required to submit unaudited accounts must do so within 3 months from the end of the party’s financial year. Section 54 of the Electoral Administration Act amends section 45 of the 2000 Act to extend this period to 4 months. A registered political party required to submit audited accounts, is required to have its accounts audited within six months from the end of the party’s financial year and must submit its statement of accounts within seven days from the end of that six month period. Therefore, a registered political party required to submit unaudited accounts will have 10 months from the end of the its financial year to submit its confirmation of particulars to the Electoral Commission. A registered political party required to submit audited accounts will have 12 months and one week to do so.
Section 51 Removal from register of registered parties
283.Currently, under section 33(1) and (2) of the 2000 Act (Party ceasing to be registered), the Electoral Commission may only remove a party from the register if it receives a signed application from the party leader, nominating officer and treasurer of the party seeking de-registration.
284.This section amends section 33 of the 2000 Act by inserting new subsections (2A), (2B) and (2C) to give the Electoral Commission a power to remove parties from the register of political parties where they fail to confirm their registered particulars by the “specified day”.
285.In relation to the notification requirements under section 32(1) of the 2000 Act, the specified day is the last day of the period in which the confirmation of a party’s registered particulars is required to be submitted. In effect, where a registered political party required to submit unaudited accounts fails within ten months from the end of its financial year to submit confirmation of particulars to the Electoral Commission, it will be removed from the register. A registered political party required to submit audited accounts will be removed if it fails to submit confirmation of particulars within 12 months and one week from the end of its financial year.
286.Under section 34(3) of the 2000 Act (Registration of minor parties) minor parties are required to provide confirmation of their particulars within a period of seven months beginning one month before the anniversary of the party’s inclusion on the register and ending six months after that anniversary (the latter period is extended from three to six months by paragraph 143 of the Schedule 1). In relation to minor parties the specified day is the last day of the period of six-month period commencing on the anniversary of the party’s inclusion on the register. The earliest date, therefore, that a minor party might be compulsorily removed for failure to comply with section 34(3) is six months from the date of its anniversary of inclusion in the register.
287.Subsection (4) amends section 33(3) by providing that a party which has been compulsorily removed from the register ceases to be a registered party.
288.Subsections (5) and (6) amend section 33(4) and insert a new section 33(4A), the combined effect of which is to provide that:
parties compulsorily removed from the register; and
those that apply to be removed from the register and whose gross income or expenditure in the financial year preceding the year in which the entry is removed is less than £25,000,
will only remain subject to accounting, donation and campaign expenditure controls under the 2000 Act, until the end of the party’s financial year in which it is removed from the register. At present, they remain subject until the end of the financial year following that in which it is removed.
Section 52 Time for registration of parties fielding candidates
289.This section amends section 22 of the 2000 Act (Requirement for registration) and paragraph 6A of Schedule 1 to the 1983 Act (Nomination papers: name of registered political party).
290.Section 22 of the 2000 Act requires an organisation wishing to field candidates at a relevant election to be registered as a political party with the Electoral Commission. Under section 22, unless his nomination paper gives the description “independent” or gives no description, a person may only stand as a candidate at a relevant election if his nomination paper is supported by a certificate authorising his candidature. The certificate must be issued by, or on behalf of, the nomination officer of the party.
291.Section 22(2)(a) and (b) provides that a party must be registered in the relevant register maintained by the Electoral Commission under section 23 of the 2000 Act by the last date for publication of the notice of an election. Depending on the type of election, this date is usually around a week ahead of the close of nominations.
292.Paragraph 6A(1) of Schedule 1 to the 1983 Act provides that a nomination paper may not include a description of a candidate which is likely to lead voters to associate a candidate with a registered political party unless the party is a qualifying party in relation to the constituency and the description is authorised by a certificate issued by or on behalf of the registered nominating officer of the party.
293.The effect of the amendments is to remove the requirement that parties must be registered by the last date for publication of the notice of election in order to use a description. Instead, any candidate presenting a description bearing the description of a registered party should be entitled to use that description providing that the party is registered with the Electoral Commission two working days before the last day for the delivery of nomination papers at the election.
