OpenLegislation

Paragraph 5A Nomination papers: name of registered political partyF1

Northern Ireland

(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 party is a qualifying party in relation to the district electoral area and 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 before the last time for the delivery of nomination papers.

(F21A)

The description that may be authorised may be—

(a)

the name of the party registered in the Northern Ireland register under section 28 of the Political Parties, Elections and Referendums Act 2000, or

(b)

a description of the party registered in the Northern Ireland register under section 28A of that Act.

(1B)

A nomination paper may not include a description of a candidate which is likely to lead voters to associate the candidate with two or more registered political parties unless the parties are each qualifying parties in relation to the district electoral area and the description is a registered description authorised by a certificate—

(a)

issued by or on behalf of the registered nominating officer of each of the parties, and

(b)

received by the returning officer before the last time for delivery of nomination papers.

(1C)

For the purpose of paragraph (1B), a description is a registered description if it is a description registered in the Northern Ireland register for use by the parties under section 28B of the Political Parties, Elections and Referendums Act 2000.

(2)

A person shall be guilty of a corrupt practice if he fraudulently purports to be authorised to issue a certificate under paragraph (1) F3or (1B) on behalf of a registered political party's nominating officer.

(3)

For the purposes of the application of this rule in relation to an election—

(a)

registered political party means a party which was registered under Part II of the Political Parties, Elections and Referendums Act 2000 at the time by which the notice of election is required to be published by virtue of rule 1 ( the relevant time);

(b)

a registered party is a qualifying party in relation to a district electoral area if the party was at the relevant time registered in the Northern Ireland register maintained under that Part of that Act.

(F4c)

a name or description is registered under section 28, 28A or 28B of that Act if it is registered under that section at the relevant time.

Annotations

Textual amendments

F1

SI 2001/417

F2

Sch. 5 rule 5A(1A)-(1C) inserted (1.4.2010) by Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010 (S.I. 2010/1178), arts. 1(2), 4(3)(a)

F3

Words in Sch. 5 rule 5A(2) inserted (1.4.2010) by Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010 (S.I. 2010/1178), arts. 1(2), 4(3)(b)

F4

Sch. 5 rule 5A(3)(c) inserted (1.4.2010) by Electoral Law Act (Northern Ireland) 1962 (Amendment) Order 2010 (S.I. 2010/1178), arts. 1(2), 4(3)(c)

Notes on the whole Act

Textual amendments

F1

Refs. to registration officer, returning officer or electoral officer are to be construed as refs. to Chief Electoral Officer, 1972 NI 13

Notes on Schedule 5

Textual amendments

F1

SI 1985/454

Modifications

C1

Sch. 5 modified (12.12.2013) by The Local Elections (Northern Ireland) Order 2013 (S.I. 2013/3156), arts. 1(1), 10(1), Sch. (with art. 10(2)) (as amended (15.9.2014) by S.I. 2014/1116, arts. 1(1), 10(2)(4); (13.7.2020) by S.I. 2020/635, arts. 1(2), 12 (with art. 1(3)))