Internal guidance on party name registration conflicts

James Smith made this Freedom of Information request to Electoral Commission

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Dear Electoral Commission,

Please could you provide me with any internal guidance documents on how to apply PPERA(28)(4)(a)(ii) to party registrations, which states "Where a party sends an application to the Commission in accordance with subsection (1), the Commission shall grant the application unless in their opinion the party proposes a registered name which would either be likely to result in electors confusing that party with a party which is already registered in respect of the relevant part of the United Kingdom".

I would like to see any guidance documents that are in place to ensure consistent application of your registration policy, particularly what is used to decided "likelihood".

Yours faithfully,
James Smith

FOI, Electoral Commission

Dear James Smith,
 
Our Ref: FOI 138/14
 
Thank you for your request under the Freedom of Information Act dated 13
November 2014 concerning:
Please could you provide me with any internal guidance documents on how to
apply PPERA(28)(4)(a)(ii) to party registrations, which states "Where a
party sends an application to the Commission in accordance with subsection
(1), the Commission shall grant the application unless in their opinion
the party proposes a registered name which would either be likely to
result in electors confusing that party with a party which is already
registered in respect of the relevant part of the United Kingdom".
I would like to see any guidance documents that are in place to ensure
consistent application of your registration policy, particularly what is
used to decided "likelihood".
 
The Commission aims to respond to requests for information promptly and
within the statutory timeframe of twenty working days.
 
You may expect to receive a reply sent from the Commission by 11 December
2014.
 
Yours sincerely,
 
Len Williams
Information Assistant
The Electoral Commission
3 Bunhill Row
London EC1Y 8YZ
Tel: 020 7271 0508
Fax: 020 7271 0500
[1]www.electoralcommission.org.uk
 
Democracy matters
 
P   Please consider the environment before printing this email.
 
 
 

References

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1. http://www.electoralcommission.org.uk/

Len Williams, Electoral Commission

1 Attachment

Dear James Smith,

 

Our Ref: FOI 138/14

 

Thank you for your request under the Freedom of Information Act 2000 dated
13 November 2014.

 

The Commission aims to respond to requests for information promptly and
has done so within the statutory timeframe of twenty working days.

 

Your request is in bold below followed by our response.

 

You have requested:

 

Please could you provide me with any internal guidance documents on how to
apply PPERA(28)(4)(a)(ii) to party registrations, which states "Where a
party sends an application to the Commission in accordance with subsection
(1), the Commission shall grant the application unless in their opinion
the party proposes a registered name which would either be likely to
result in electors confusing that party with a party which is already
registered in respect of the relevant part of the United Kingdom".

I would like to see any guidance documents that are in place to ensure
consistent application of your registration policy, particularly what is
used to decided "likelihood".

 

Our response is as follows:

 

I enclose an extract (see attached document) from the Commission’s current
internal guidance, which explains how the Commission assesses proposed
party names against the test set out in section 28(4)(a)(ii) of the
Political Parties, Elections and Referendums Act 2000 (PPERA). Under this
test, the Commission is required to form an opinion as to whether a
proposed party name would be likely, were it to appear on a ballot paper,
to result in electors confusing that party with a party which is already
registered in respect of the relevant part of the UK.

 

The Commission’s considerations of a proposed party name under section
28(4)(a)(ii) of PPERA are guided by the principles as set out in this
internal guidance. Each decision is made on the particular facts and
circumstances under consideration. This document is periodically reviewed,
revised and updated as needs be.

 

I trust that this information satisfies your request.

 

If you are not satisfied with this response, please note that the
Commission operates a review procedure, details of which can be found on
the Commission website at:
[1]http://www.electoralcommission.org.uk/ab...

 

Please also note that if you have exhausted all internal Commission review
procedures and you are still not satisfied you have the right to appeal to
the Information Commissioner. Details of this procedure can be found on
the ICO website: [2]http://www.ico.gov.uk

 

Yours sincerely,

 

Len Williams

Information Assistant

The Electoral Commission

3 Bunhill Row

London EC1Y 8YZ

Tel: 020 7271 0508

Fax: 020 7271 0500

[3]www.electoralcommission.org.uk

 

Democracy matters

 

P   Please consider the environment before printing this email.

 

References

Visible links
1. http://www.electoralcommission.org.uk/ab...
2. http://www.ico.gov.uk/
3. http://www.electoralcommission.org.uk/

Dear Len Williams,

Thankyou for taking the time to provide the information, it's much appreciated. It seems that the internal guidance is not much more precise than PPERA itself, which is good to know!

Yours sincerely,
James Smith

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