Commentary on Sections Referendum and election material Section 66 Details to appear on referendum and election material
388.This section amends sections 126 (Details to appear on referendum material) and 143 (Details to appear on referendum material) of the 2000 Act, which prescribe the details to be included on referendum and election material.
389.Subsection (1) amends section 126(1) of the 2000 Act by inserting new subsection (10A). Section 126 is intended to apply to printed material such as leaflets, posters and newspaper advertisements, but not to any material published for the purposes of a referendum if the publication is required under or by virtue of any enactment. New subsection (10A) provides clarification that in a referendum, material such as ballot papers and other material which might, for example, be prescribed under a conduct of referendums Order, does not require imprints.
390.Subsection (2) amends section 143 of the 2000 Act, by inserting new subsections (2A) and (2B).
391.Subsection (2A) provides that election material to which subsection (2B) applies is not to be regarded as being published on behalf of a candidate (that is to say, the candidate is not to be regarded as a person on behalf of whom the material is published) merely because the material can be reasonably regarded as promoting, procuring or enhancing the candidate’s electoral success or standing. But the material may be regarded as published on behalf of the party.
392.The result is that for any election material that can reasonably be regarded as aimed at promoting, procuring or enhancing the election of more than one candidate, the name of the party for whom candidates are standing will be sufficient to fulfil the requirements of section 143(2)(c) of the 2000 Act. It will not be necessary to include details of all the candidates.