Commentary on Sections Registration of parties Section 49 Political party descriptions
272.Subsection (1) inserts new sections 28A and 28B into the 2000 Act. These make new provision regarding the descriptions that candidates standing on behalf of political parties may use, and the process by which they may be registered with the Electoral Commission.
273.Section 28A(1) entitles a registered party to request up to twelve descriptions for use on its nomination papers or ballot papers.
274.Section 28A(2) provides that the Electoral Commission should register the descriptions unless they exceed six words in length or fall into one of the categories listed in sub-paragraphs (a) to (g). Those sub-paragraphs are similar to the constraints upon the registered name of a party which are governed by section 28 of the 2000 Act. These constraints include whether the name is the same or confusingly similar to another party’s registered description, whether it would be offensive, or would be misleading or confusing to the voter if it appeared on the ballot paper, or if it contains words or expressions which are prohibited from being used as the registered name of a party.
275.Section 28A(5) clarifies that in the case of a party registered for the purposes of relevant elections in Wales, the number of words can be up to six words in English and up to six words in Welsh.
276.Section 28A(6) and (7) empower the Secretary of State by order to change the number of descriptions that a party can register. He must consult the Electoral Commission before making such an order.
277.Section 28B addresses the situation where two or more parties come together to campaign at an election and wish their joint candidates to be able to use a joint description on their nomination papers and ballot paper.
278.Subsection (2) amends section 30 of the 2000 Act, which concerns the manner of amending the register of descriptions of parties. The amendments also specify the grounds on which the Electoral Commission may refuse an application for amendment. These criteria are similar to those relevant to registering the party name or descriptions, and also ensure that the maximum number of registered descriptions does not exceed twelve (or such other number as the Secretary of State has provided under section 28A(6)). It also prevents a registered description being removed during a pending election.