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Registration |
| Registration of parties. |
24. - (1) A party may apply for inclusion in the register by sending to the Commission-
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(a) an application which complies with the requirements of Part I of Schedule 3, and |
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(b) a declaration that the party intends to have one or more candidates at elections which are relevant elections for the purposes of this Part or at any particular relevant election. |
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(2) The Commission shall grant such an application by a party unless in their opinion the party proposes a registered name which-
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(a) would be likely to result in the party's being confused by voters with a party which is already registered, |
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(b) comprises more than six words, |
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(c) is obscene or offensive, |
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(d) includes words the publication of which would be likely to amount to the commission of an offence, |
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(e) includes any script other than Roman script, or |
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(f) includes any word or expression prohibited by order made by the Secretary of State after consulting the Commission, |
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or it appears to the Commission that the party has failed to adopt a scheme approved under section 22.
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(3) An order under subsection (2)(f) may except the use of a word or expression from the prohibition in specified circumstances.
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(4) Where the Commission grant an application by a party under this section, they shall include in the party's entry in the register-
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(a) the particulars, apart from home addresses, given in the application in accordance with paragraphs 2 to 4, 5(2) and 6 of Schedule 3; and |
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(b) the date of registration. |
| Emblems. |
25. - (1) A party's application under section 24 may include a request for the registration of up to three emblems to be used by the party on ballot papers.
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(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-
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(a) would be likely to be confused by voters with an emblem which is already registered for another party, |
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(b) is obscene or offensive, |
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(c) is of such a character that its publication would be likely to amount to the commission of an offence, or |
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(d) includes a word or expression prohibited by virtue of section 24(2)(f). |
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(3) A registered emblem shall be a black and white representation of the emblem shown in the application.
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| Changes to the register. |
26. - (1) A party may apply to the Commission to have its entry in the register altered by-
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(a) changing its registered name; |
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(b) the amendment of any other particular included in the register, |
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(c) the addition, substitution or removal of an emblem, or |
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(d) the addition of information prescribed under paragraph 6 of Schedule 3 since the party applied for registration. |
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(2) Subject to subsections (3) to (5), the Commission shall grant an application under this section.
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(3) The Commission shall refuse an application to change a party's registered name if, in their opinion, any of paragraphs (a) to (f) of section 24(2) apply to the new name.
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(4) The Commission shall refuse an application to add an emblem if-
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(a) the party already has three registered emblems, or |
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(b) in the Commission's opinion, any of paragraphs (a) to (d) of section 25(2) apply to the emblem. |
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(5) The Commission shall refuse to substitute an emblem if in their opinion any of paragraphs (a) to (d) of section 25(2) apply to the new emblem.
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(6) Part II of Schedule 3 applies to applications under this section.
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| Confirmation of registered particulars etc. |
27. - (1) The person registered as treasurer of a party must, at the time when the statement of accounts for any financial year of the party is sent to the Commission under Part III, give a notification under this section to the Commission.
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(2) A notification under this section must-
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(a) state that the particulars in the party's entry in the register remain accurate and include any information prescribed under paragraph 6 of Schedule 3 since the relevant time, or |
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(b) include an application under section 26 as a result of which the party's entry will become accurate and will include any information prescribed under paragraph 6 of Schedule 3 since that time. |
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(3) A notification under this section must also give particulars of any change occurring in the party's constitution (within the meaning of section 22) since the relevant time.
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(4) In subsections (2) and (3) "the relevant time" means-
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(a) the time when the party applied for registration, or |
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(b) if a notification has been previously given under this section in relation to the party, the time when the last such notification was given. |
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(5) A notification under this section must be accompanied by any fee prescribed by order made by the Secretary of State.
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| Party ceasing to be registered. |
28. - (1) Once a party is registered its entry may only be removed from the register in accordance with subsection (2).
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(2) Where-
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(a) a party applies to have its entry removed from the register, and |
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(b) the application includes a declaration on behalf of the party that it does not intend to have any candidates at any relevant election, |
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the Commission shall remove the party's entry from the register.
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(3) On the removal of the party's entry from the register the party shall cease to be a registered party.
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(4) The requirements of Parts III and IV shall, however, continue to apply to the party, as if it were still registered, until the end of the financial year of the party which follows that in which its entry was removed from the register.
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(5) Part III of Schedule 3 applies to applications under this section.
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| Request by Secretary of State. |
29. On receipt of a request made by the Secretary of State, the Commission shall send a copy of the register, or any parts of it specified in the request, to-
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(a) the Secretary of State; or |
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(b) any other person so specified. |
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Transitional arrangements |
| Financial structure of existing registered party. |
30. - (1) This section applies to any party registered under the Registration of Political Parties Act 1998 immediately before the appointed day.
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(2) The party must, within the period of six weeks beginning with the appointed day, send to the Commission-
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(a) a copy of the party's constitution (within the meaning of section 22); and |
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(b) a draft of the scheme which the party proposes to adopt for the purposes of section 22 if approved by the Commission under that section; |
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and subsections (2) to (6) of that section apply in connection with any such scheme and its approval by the Commission.
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(3) Once the party has sent the draft scheme to the Commission, the draft scheme shall be treated for the purposes of this Act as if it were a scheme approved by the Commission and adopted by the party under section 22 until-
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(a) such time as the scheme, or any revised scheme submitted under subsection (6) of that section, is in fact approved by the Commission under that section, or |
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(b) the end of the period of nine months beginning with the appointed day (or such longer period as the Commission may determine in relation to the party); |
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whichever is the earlier.
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(4) If the draft scheme, or any such revised scheme, has not been so approved by the end of the period which applies for the purposes of subsection (3)(b)-
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(a) the Commission shall forthwith send the party a copy of the scheme incorporating such modifications as the Commission consider appropriate; and |
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(b) the scheme, as so modified, shall be treated for the purposes of this Act as if it had been approved by the Commission, and adopted by the party, under section 22. |
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(5) The party must also, within the period mentioned in subsection (2), give a notification to the Commission under this subsection.
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(6) A notification under subsection (5) must-
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(a) give the name and home address of a person to be registered as the party's treasurer; and |
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(b) be signed by the registered leader or nominating officer and by the proposed registered treasurer. |
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(7) Where the party is a party with accounting units, a notification under subsection (5) must also give in relation to each accounting unit-
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(a) the name of its treasurer, and |
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(b) the address of its headquarters or, if it has no headquarters, an address to which communications to the accounting unit may be sent. |
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(8) A notification under subsection (5) may be signed by the same person in his capacity as registered leader or nominating officer and in his capacity as proposed registered treasurer, but in that case it must be apparent from the notification that he is signing it in both of those capacities.
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(9) On receiving a notification under subsection (5) the Commission shall include in the party's entry in the register-
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(a) the name of the treasurer given in the notification; and |
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(b) if subsection (7) applies, each of the names and addresses so given in accordance with that subsection. |
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(10) If the party fails to comply with subsection (2) or (5), then during the period ("the suspension period") which-
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(a) begins immediately after the end of the period mentioned in subsection (2), and |
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(b) ends with such time as the Commission receive the documents mentioned in subsection (2)(a) and (b) or (as the case may be) a notification under subsection (5), |
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the party shall be treated for all purposes relating to elections or referendums as if it were not a registered party.
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(11) Subsection (10) shall not affect, for the purposes of section 24(2) or 25(2), the registration during the suspension period of the name of the party or any of its emblems.
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(12) Once the suspension period has ended in any case where the party failed to comply with subsection (2)-
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(a) section 22(5) and (6) shall apply in connection with the approval of the party's draft scheme by the Commission; and |
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(b) subsections (3) and (4) above shall also so apply, except that in subsection (3) the reference to nine months beginning with the appointed day shall be read as a reference to six months after the end of the suspension period. |
| Assistance by Commission for existing registered parties. |
31.-(1) T e Commission may, in accordance with a scheme prepared by them for the purposes of this section, provide assistance for existing parties with a view to helping them to meet, or to reducing, the expenses falling to be initially incurred by them in order to comply with Parts III and IV.
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(2) The assistance which may be so provided to an existing party may take the form of-
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(a) a grant to the party, or |
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(b) the provision of non-financial benefits to the party (such as the provision of computer software free of charge), |
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or both, as the scheme may determine.
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(3) The scheme may provide for an existing party's entitlement to assistance under this section to depend on the Commission's being satisfied that the expenses falling to be incurred by the party as mentioned in subsection (1) exceed an amount specified in the scheme.
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(4) Any grant under this section may be made subject to such conditions as the Commission consider appropriate.
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(5) The total expenditure incurred by the Commission in providing assistance under this section (whether by grants or otherwise) shall not exceed £500,000.
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(6) The Commission shall publish the scheme in such manner as they consider appropriate.
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(7) In this section "existing party" means any party registered under the Registration of Political Parties Act 1998 immediately before the appointed day.
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