Paragraph 5 Nomination papers: name of registered political party

England and Wales

(1)

A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with a registered political party unless the party is a qualifying party in relation to the 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 set out in the Table in rule 1.

(2)

In paragraph (1) an authorised description may be either—

(a)

the name of the party registered under section 28 of the Political Parties, Elections and Referendums Act 2000 M1, or

(b)

a description of the party registered under section 28A of that Act M2.

(3)

A nomination paper may not include a description of a candidate which is likely to lead electors to associate the candidate with two or more registered political parties unless the parties are each qualifying parties in relation to the 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 the delivery of nomination papers set out in the Table in rule 1.

(4)

For the purposes of paragraph (3), a description is a registered description if it is a description registered for use by the parties under section 28B of the Political Parties, Elections and Referendums Act 2000 M3.

(5)

A person shall be guilty of a corrupt practice if he fraudulently purports to be authorised to issue a certificate under paragraph (1) or (3) on behalf of a registered political party's nominating officer.

(6)

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 2 of the Political Parties, Elections and Referendums Act 2000 on the day (“the relevant day”) which is two days before the last day for the delivery of nomination papers at that election;

F1(b)

a registered political party is a qualifying party in relation to an electoral area if the electoral area is in England or Wales and the party was on the relevant day registered in respect of that part of England or Wales in the Great Britain register maintained under that Part of that Act.

(7)

For the purposes of paragraph (6)(a) of this rule, any day falling within rule 2(1) must be disregarded.

Annotations

Textual amendments

F1: Sch. 3 rule 5(6)(b): By The Local Elections (Miscellaneous and Consequential Amendments) (Wales) Regulations 2022 (S.I. 2022/263), reg. 1(2), Sch. 2 para. 9(3) (with reg. 12(d)), it is provided that (10.3.2022) the words “if the party was on the relevant day registered in respect of England” are substituted for the words from “if the electoral area” to “that part of Great Britain”

Marginal citations

M1: Section 28 of the Political Parties, Elections and Referendums Act 2000 (c.41) was amended by S.I. 2004/366 and by section 48 of the Electoral Administration Act 2006 (c.22).
M2: Section 28A of the Political Parties, Elections and Referendums Act 2000 (c.41) was inserted by section 49(1) of the Electoral Administration Act 2006 (c.22).
M3: Section 28B of the Political Parties, Elections and Referendums Act 2000 (c.41) was inserted by section 49(1) of the Electoral Administration Act 2006 (c.22).

Notes on Schedule 3

Textual amendments

F1: Words in Sch. 3 heading omitted (10.3.2022) by virtue of The Local Elections (Miscellaneous and Consequential Amendments) (Wales) Regulations 2022 (S.I. 2022/263), reg. 1(2), Sch. 2 para. 9(2) (with reg. 12(d))

Modifications

C1: Sch. 3 applied (with modifications) (18.2.2012) by The Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444), reg. 1, Sch. 4 para. 1 Table 10 (with reg. 27)
C2: Sch. 3 applied (with modifications) (W.) (4.12.2020) by The Local Government (Coronavirus) (Postponement of Elections) (Wales) (No. 2) Regulations 2020 (S.I. 2020/1399), regs. 2, 6(3)(4)