(1)Subject to subsection (4), no nomination may be made in relation to a relevant election unless the nomination is in respect of—
(a)a person who stands for election in the name of a qualifying registered party; or
(b)a person who does not purport to represent any party; or
(c)a qualifying registered party, where the election is one for which registered parties may be nominated.
(2)For the purposes of subsection (1) a party (other than a minor party) is a “qualifying registered party” in relation to a relevant election if—
(a)the constituency, [F1police area,] local government area or electoral region in which the election is held—
(i)is in England, Scotland or Wales, or
(ii)is the electoral region of Scotland or Wales,
and the party was, [F2 on the day (“the relevant day”) which is two days before the last day for the delivery of nomination papers at that election], registered in respect of that part of Great Britain in the Great Britain register maintained by the Commission under section 23, or
(b)the constituency, district electoral area or electoral region in which the election is held—
(i)is in Northern Ireland, or
(ii)is the electoral region of Northern Ireland,
and the party was, [F3on the relevant day], registered in the Northern Ireland register maintained by the Commission under that section.
[F4(2A)For the purposes of subsection (2) any day falling within rule 2(1) of the parliamentary elections rules in Schedule 1 to the Representation of the People Act 1983 [F5(subject to rule 2(2A))] shall be disregarded.]
(3)For the purposes of subsection (1) a person does not purport to represent any party if either—
(a)the description of the candidate given in his nomination paper, is—
(i)“Independent”, or
(ii)where the candidate is the Speaker of the House of Commons seeking re-election, “The Speaker seeking re-election”; or
(b)no description of the candidate is given in his nomination paper.
(4)Subsection (1) does not apply in relation to any parish or community election.
(5)The following elections are relevant elections for the purposes of this Part—
(a)parliamentary elections,
(b)elections to the European Parliament,
(c)elections to the Scottish Parliament,
(d)elections to the National Assembly for Wales,
(e)elections to the Northern Ireland Assembly,
[F6(ea)elections of police and crime commissioners,]
(f)local government elections, and
(g)local elections in Northern Ireland.
(6)For the purposes of this Act a person stands for election in the name of a registered party if his nomination paper includes a description authorised by a certificate issued by or on behalf of the registered nominating officer of the party.
Textual Amendments
F1Words in s. 22(2)(a) inserted (25.7.2012) by The Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917), arts. 1(2), 24(2)(a)
F2Words in s. 22(2)(a) substituted (11.9.2006, 1.1.2007 and 7.2.2007 for certain purposes and 1.7.2008 for N.I. for certain purposes and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), s. 52(5)(a), 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 13 (subject to art. 4, Sch. 2); S.I. 2006/3412, art. 3, Sch. 1 para. 7 (subject to art. 6, Sch. 1); S.I. 2007/230, art. 3; S.I. 2008/1316, art. 2(2), 4(u)
F3Words in s. 22(2)(b) substituted (11.9.2006, 1.1.2007 and 7.2.2007 for certain purposes and 1.7.2008 for N.I. for certain purposes and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), s. 52(5)(a), 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 13 (subject to art. 4, Sch. 2); S.I. 2006/3412, art. 3, Sch. 1 para. 7 (subject to art. 6, Sch. 1); S.I. 2007/230, art. 3; S.I. 2008/1316, art. 2(2), 4(u)
F4S. 22(2A) inserted (11.9.2006, 1.1.2007 and 7.2.2007 for certain purposes and 1.7.2008 for N.I. for certain purposes and otherwise prosp.) by Electoral Administration Act 2006 (c. 22), s. 52(5)(a), 77(2); S.I. 2006/1972, art. 3, Sch. 1 para. 13 (subject to art. 4, Sch. 2); S.I. 2006/3412, art. 3, Sch. 1 para. 7 (subject to art. 6, Sch. 1); S.I. 2007/230, art. 3; S.I. 2008/1316, art. 2(2), 4(u)
F5Words in s. 22(2A) inserted (15.9.2011) by Fixed-term Parliaments Act 2011 (c. 14), s. 7(2), Sch. para. 19 (with s. 6)
F6S. 22(5)(ea) inserted (25.7.2012) by The Police and Crime Commissioner Elections Order 2012 (S.I. 2012/1917), arts. 1(2), 24(2)(b)
Commencement Information
I1S. 22 wholly in force at 16.2.2001; s. 22 not in force at Royal assent and in force at 14.12.2000 for specified purposes, see s. 163(2)(4); s. 22 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt. I (subject to transitional provisions in Sch. 1 Pt. II)