Part II

Registration of political parties

Registration

Emblems.
29
1
A party’s application under section 28 may include a request for the registration of up to three emblems to be used by the party on ballot papers.
2
Where a request is made by a party under this section in relation to an emblem, the Commission shall register the emblem as an emblem of the party unless in their opinion it—
a
would either—
i
be the same as a registered emblem of a party which is already registered in the register in which that party is applying to be registered, or
ii
be likely to be confused by voters with a registered emblem of a party which is already registered in respect of the relevant part of the United Kingdom,
b
is obscene or offensive,
c
is of such a character that its publication would be likely to amount to the commission of an offence, or
ca
would be likely, were it to appear on a ballot paper issued at an election—
i
to result in an elector being misled as to the effect of his vote, or
ii
to contradict, or hinder an elector's understanding of, any directions for his guidance in voting given on the ballot paper or elsewhere,
d
includes a word or expression prohibited by virtue of section 28(4)(f).
3
In subsection (2)(a) “already registered in respect of the relevant part of the United Kingdom” has the meaning given by section 28(5).
4
A registered emblem shall be a black and white representation of the emblem shown in the application.
5
Where the Commission refuse a request made by a party under this section in relation to an emblem, they shall notify the party of their reasons for refusing the request.
S. 29 wholly in force at 16.2.2001; s. 29 not in force at Royal Assent and in force at 14.12.2000 for specified purposes, see s. 163(2)(4); s. 29 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)
S. 29(2)(ca) inserted (11.9.2006) by Electoral Administration Act 2006 (c. 22), ss. 74(1), 77(2), Sch. 1 para. 142; S.I. 2006/1972, art. 3, Sch. 1 paras. 24, 25(h) (subject to art. 4, Sch. 2)
Pt. 2 referred to (N.I.) (12.12.2014) by Education Act (Northern Ireland) 2014 (c. 12), s. 7, Sch. 1 para. 3(13) (with Sch. 2 para. 4(3))