The Registration of Political Parties (Prohibited Words and Expressions) Order 2001

Explanatory Note

(This note is not part of the Order)

Under section 28(4) of the Political Parties, Elections and Referendums Act 2000, the Electoral Commission must grant an application for registration under Part II of that Act unless in their opinion the party propose a name which falls within paragraphs (a) to (f) of that provision. A similar requirement applies in respect of an application under section 30(1)(a) or (b) of that Act to change the party’s registered name or (in the case of the Great Britain register) the part or parts of Great Britain in respect of which it is registered.

Section 28(4)(f) refers to the inclusion of any word or expression prohibited by an order under that provision. Parts I to IV of the Schedule to this Order list words and expressions for this purpose. However, the words and expressions listed in Parts I, II, III and IV may be used in the circumstances prescribed in paragraphs (a), (b), (c) and (d) of article 2(2), respectively.

Section 28(4)(f) of the 2000 Act is in substance the same as section 3(1)(f) of the Registration of Political Parties Act 1998 (which is repealed by Schedule 22 to the 2000 Act). Apart from the omission of transitional material and the change referred to below, this Order is also the same as the Order under the 1998 Act which is revoked by article 1(3) of this Order. That change is to article 2(2)(b) of this Order. The effect of article 2(3) is that the words listed in Part II of the Schedule to this Order can be qualified by the name of another registered political party provided that that party is not registered in the same register or (where it is so registered and the register is the Great Britain register) the party which is already registered is not registered in respect of the same part of Great Britain as the one for which the application is being made.