The Local Elections (Principal Areas) (Wales) Rules 2021

Nomination papers: descriptions E+W

6.—(1) This rule sets out requirements about the descriptions that may be included in a nomination paper as mentioned in rule 5(3)(b).

(2) The description may be either—

(a) a description that is likely to lead electors to associate the candidate with a registered political party or with two or more registered political parties and is permitted under paragraph (3) or (as the case may be) paragraph (4), or

(b) the word “Independent” or the word “Annibynnol”, or both those words.

(3) A description that is likely to lead electors to associate the candidate with a registered political party is permitted where—

(a) the party is a qualifying party,

(b) the description is either—

(i) the party’s registered name or, if the party has registered a name in English and a name in Welsh, either or both of those names, or

(ii) a registered description of the party or, in the case of a description that has been registered in both English and Welsh, either or both of those descriptions, and

(c) the use of the description by the candidate is authorised by a certificate issued by or on behalf of the registered nominating officer of the party and received by the returning officer before the last time for the delivery of nomination papers.

(4) A description that is likely to lead electors to associate the candidate with two or more registered political parties is permitted where—

(a) the parties are each qualifying parties,

(b) the description consists of the registered name of each of the parties shown in either or both of the versions described in paragraph (5), and

(c) the use of the description by the candidate is authorised by a certificate issued by or on behalf of the registered nominating officer of each of the parties and received by the returning officer before the last time for the delivery of nomination papers.

(5) The versions referred to in paragraph (4)(b) are—

(a) a version showing (in any order) the parties’ registered names, together with the addition of any appropriate conjunctions and punctuation in English (“the English version”);

(b) a version showing (in any order) the parties’ registered names, together with the addition of any appropriate conjunctions and punctuation in Welsh (“the Welsh version”).

(6) Where any of the parties has registered a name in English and a name in Welsh—

(a) the party’s registered name in English (and not the party’s registered name in Welsh) may be used in the English version, and

(b) the party’s registered name in Welsh (and not the party’s registered name in English) may be used in the Welsh version.

(7) See also rule 7 (which sets out when and how the word “Wales”, “Welsh”, “Cymru” or “Cymreig” may be added to descriptions permitted under paragraph (3) or (4)).

(8) A person is guilty of a corrupt practice if that person fraudulently purports to be authorised to issue a certificate under paragraph (3)(c) or (4)(c) on behalf of a registered political party’s nominating officer.

(9) In this rule—

(a) references to a registered name of a registered political party are to a name of the party registered under section 28 of the Political Parties, Elections and Referendums Act 2000(1);

(b) references to a registered description of a registered political party are to a description of the party registered under section 28A of that Act(2).

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

(a) “registered political party” means a party that is registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 on the day that is two days before the last day for the delivery of nomination papers at the election (disregarding any excluded day);

(b) a registered political party is a qualifying party if, on that day, the party is registered in respect of Wales in the Great Britain register maintained under Part 2 of that Act.

Commencement Information

I1 Sch. 1 rule 6 in force at 17.12.2021, see rule 1

(1)

Section 28 was amended by section 48 of the Electoral Administration Act 2006.

(2)

Section 28A was inserted by section 49(1) of the Electoral Administration Act 2006.