Political Parties (Registration) (Jersey) Law 2008

Political Parties (Registration) (Jersey) Law 2008 Arrangement Article 1 Interpretation . 385 2 Requirements for political party to be registered . 386 3 Restriction on name and emblem used by registered political party . 386 4 Application for registration of political party . 386 5 Consideration of application for registration of political party . 387 6 Registration of political party . 387 7 Application for change of name or emblem of registered political party . 387 8 Changes in particulars of registered party . 388 9 Accounts to be filed . 389 10 Removal from the register 389 11 Inspection of register of political parties . 389 12 Offence . 390 13 Stamp Duties and Fees (Jersey) Law 1998 amended . 390 14 Public Elections (Jersey) Law 2002 amended . 390 15 Citation and commencement 392 Political Parties (Registration) (Jersey) Law 2008 A LAW to provide for the registration of political parties who wish to endorse candidates for election as a Senator, Deputy or Connétable, and for connected purposes Adopted by the States 1st April 2008 Sanctioned by Order of Her Majesty in Council 9th July 2008 Registered by the Royal Court 25th July 2008 THE STATES , subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law – 1 Interpretation (1) In this Law, unless the context otherwise requires – “ 2002 Law ” means the Public Elections (Jersey) Law 2002 [1] ; “ Court ” means the Royal Court; “ Greffier ” means the Judicial Greffier; “ officeholder ” means, in relation to a party, one of the office holders mentioned in Article 2(4); “ register ” means the register maintained under Article 6; “ registered ” means for the time being entered in the register; “ working day ” means any day other than Christmas Day, Good Friday, a Sunday or a day observed as a bank holiday pursuant to the Public Holidays and Bank Holidays (Jersey) Law 1951 [2] . (2) In this Law, a reference to a fee payable for any application or other matter is a reference to the stamp duty required to be paid for it under the Stamp Duties and Fees (Jersey) Law 1998 [3] . 2 Requirements for political party to be registered (1) A political party may only be registered if it complies with this Article. (2) The party must have a name that does not exceed 6 words. (3) The name of the party, and any abbreviation of the name and any emblem of the party, must not be – (a) offensive, obscene or otherwise inappropriate; or (b) either identical to, or of sufficient similarity that it may be confused with, the name, abbreviation or emblem of any other organization. (4) The party must have 3 officeholders, being the leader, treasurer and secretary. (5) A person may hold 2 of the offices described in paragraph (4), but not all 3. (6) A person cannot hold any office described in paragraph (4) unless he or she is registered as an elector under the 2002 Law. (7) The party must have an address in Jersey to which communications intended for the party may be sent. (8) The party must have a written constitution, one of the expressed objectives of which must be the endorsement of candidates for election as Senator, Deputy or Connétable. (9) The party must keep accounts. (10) The party must have an accounting period that does not exceed 12 months. (11) The States may by Regulations amend, or make provision in addition to, paragraphs (2) and (3) regarding the restrictions on the name of a political party. 3 Restriction on name and emblem used by registered political party (1) A registered political party must not use or otherwise hold itself out as known by any name, or abbreviation of its name, other than the name or abbreviation (if any) that is registered for it. (2) A registered political party must not use or otherwise hold itself out as associated with any emblem other than the emblem (if any) that is registered for it. 4 Application for registration of political party (1) An application for registration of a political party may be made to the Court, in accordance with this Article. (2) An application must contain – (a) the full name of the party and the abbreviation (if any) of that name; (b) the emblem, if any, of the party; (c) an address, in Jersey, for the purposes of Article 2(7); (d) the full names of the leader, treasurer and secretary of the party. (3) An application must be accompanied by – (a) a copy of the party’s constitution; (b) a copy of the party’s most recent statement of accounts; (c) the fee payable for the application. (4) The application must be signed by not less than 20 persons. (5) A person can only sign an application if he or she is registered as an elector under the 2002 Law. (6) The States may by Regulations amend, in paragraph (4), the number of persons who must sign the application. 5 Consideration of application for registration of political party (1) The Greffier shall deliver to the Attorney General a copy of an application for registration of a political party. (2) The Attorney General shall inform the Court whether, in his or her opinion, the party complies with Article 2 and the application complies with Article 4. (3) The Court shall refuse to order the registration of a political party if the Court is of the opinion that the party does not comply with Article 2 or that the application does not comply with Article 4. 6 Registration of political party (1) The Greffier shall maintain a register of political parties. (2) Where the Court, on an application under Article 4, orders the registration of a political party the Greffier shall enter the following particulars in the register – (a) the name of the party and the abbreviation (if any) of that name; (b) the emblem (if any) of the party; (c) the address, in Jersey, for the party; (d) the full names of the leader, treasurer and secretary of the party. (3) The Greffier shall keep, for each registered political party, a copy of its constitution submitted under Article 4 or 8, and a copy of its statements of accounts submitted under Article 4 or 9. 7 Application for change of name or emblem of registered political party (1) A registered political party may, on payment of the fee, apply to the Court for the name and any abbreviation of the name registered for it to be altered or substituted. (2) A registered political party may, on payment of the fee, apply to register an emblem or to substitute the emblem registered for it. (3) An application under this Article must be – (a) signed by 2 persons who are registered officeholders of the party; and (b) accompanied by evidence that the decision to make the alteration, substitution or addition was made in accordance with the party’s constitution. (4) The Court shall refuse to order the alteration of or addition to the register if the Court is of the opinion that the name, abbreviation or emblem does not comply with Article 2(2) and (3) or that the application does not comply with paragraph (3) of this Article. (5) Where the Court orders the alteration of or any addition to the register under this Article, the Greffier shall enter the particulars of the change in the register. 8 Changes in particulars of registered party (1) The Greffier must be notified, in writing, of – (a) a change in the constitution of a registered political party; (b) a change in the person holding the office of leader, treasurer or secretary of a registered political party; (c) a change in the address, in Jersey, of a registered political party. (2) A notice required by paragraph (1) must be – (a) delivered to the Greffier within the period of 10 working days following the change; (b) signed by 2 persons who are registered officeholders of the party; and (c) accompanied by evidence that the decision to make the change was made in accordance with the party’s constitution and, in the case of notice of a change in the constitution of a registered political party, by a copy of the constitution as changed. (3) Where, by reason of death or incapacity of one or more registered officeholders or other cause, it is not possible to comply with paragraph (2)(b) when notice is given of a change described in paragraph (1)(b), the Greffier may – (a) accept an alternative means of verification of the notice; or (b) refer the matter to Attorney General, in order for the Attorney General to present the matter to the Court, for the Court to decide whether an alternative means of verification may be accepted. (4) The Greffier shall enter in the register the particulars of any change notified in accordance with this Article, unless it appears to him or her that the change has the effect that the party no longer complies with Article 2. (5) Where it appears to the Greffier that the change notified has the effect that the party no longer complies with Article 2, the Greffier shall refer the matter to the Attorney General. (6) The States may by Regulations amend the period mentioned in paragraph (2)(a). 9 Accounts to be filed (1) A statement of accounts in respect of an accounting period of a registered political party must be delivered to the Greffier within the period of 3 months following the end of the accounting period. (2) The States may, by Regulations, amend the period within which the statement must be delivered, mentioned in paragraph (1). 10 Removal from the register (1) The Court shall order the removal of a registered political party from the register upon an application – (a) signed by 2 persons who are registered officeholders of the party; and (b) accompanied by evidence that the decision to apply for the removal of the party from the register was made in accordance with its constitution. (2) The Court may, on the application of the Attorney General, order the removal of a registered political party from the register if the Court is satisfied – (a) that the party no longer complies with Article 2; (b) that the party has not complied with Article 3, 8 or 9; or (c) that the party has not, for a period of 5 years, endorsed, in accordance with the 2002 Law, a person as a candidate for election as a Senator, Deputy or Connétable. (3) The period mentioned in paragraph (2)(c) begins on whichever is the later of – (a) the date the party is registered; (b) the date of the last nomination meeting at which the party endorsed a candidate for election as a Senator, Deputy or Connétable, in accordance with the 2002 Law. (4) The States may by Regulations amend the period mentioned in paragraph (2)(c). 11 Inspection of register of political parties (1) A person may inspect the register at the Judicial Greffe during its normal working hours. (2) A person may, on payment of the fee, obtain from the Greffier a copy of any document kept by the Greffier under Article 6(3). 12 Offence A person who, knowingly or recklessly, makes any application to the Court under this Law or delivers any notice to the Greffier under this Law, which is false in a material particular, shall be guilty of an offence and liable to a fine of level 4 on the standard scale. 13 Stamp Duties and Fees (Jersey) Law 1998 amended In Part 1 of the Schedule to the Stamp Duties and Fees (Jersey) Law 1998, after item 32 there shall be inserted the following item – “32A. POLITICAL PARTIES (REGISTRATION) (JERSEY) LAW 2008 (a) Application for registration of political party £50 Application Greffier (b) Application to change name or abbreviation of name of a registered political party or to register or change the emblem of a registered political party £50 Application Greffier (c) Copy of constitution or statement of accounts, per page £1 Application Greffier”. 14 Public Elections (Jersey) Law 2002 amended (1) In this Article, a reference to an Article or other division of a Law is a reference to the Article or division of that number in the 2002 Law. (2) In Article 1(1), after the definition “public election” there shall be inserted the following definitions – “ ‘registered officeholder’ means, in relation to a registered political party, a person registered as the holder of the office of leader, treasurer or secretary of that party; ‘registered’ means entered in the register under the Political Parties (Registration) (Jersey) Law 2008;”. (3) In Article 20, after paragraph (4) there shall be inserted the following paragraphs – “(4A) Where the meeting is for the nomination of candidates for the office of Senator, Deputy or Connétable, a prospective candidate may indicate his or her wish to have his or her endorsement by a registered political party entered on the ballot paper, by complying with paragraph (4B). (4B) Before the document described in paragraph (4) is subscribed by a proposer and 9 seconders – (a) the prospective candidate shall complete a declaration, which shall be contained in that document, of the registered political party by which he or she is endorsed, indicating whether the registered name, or the registered abbreviation (if any) of the name, of the party is to be entered on the ballot paper; and (b) the declaration shall be signed by the prospective candidate and 2 persons who are registered officeholders of the registered political party. (4C) A prospective candidate who wishes to have his or her endorsement by a registered political party entered on the ballot paper need not be a member of that party. (4D) A declaration made in accordance with paragraph (4B) cannot be withdrawn after the document in which it is contained has been produced to the nomination meeting in accordance with paragraph (4). (4E) The States may, by Regulations, amend in paragraph (4B)(b) the description or numbers of persons required to sign a declaration.”. (4) In Article 24 – (a) in paragraph (1) for the words “setting forth” to the end of the paragraph there shall be substituted the following words – “setting forth – (a) the family names, other names and addresses of the candidates; and (b) in a case where a candidate has, in accordance with Article 20(4A) and (4B), declared his or her wish to have his or her endorsement by a registered political party entered on the ballot paper, the registered name or registered abbreviation (if any) of the name, of the registered political party to be entered.”; (b) for paragraph (3) there shall be substituted the following paragraphs – “(3) In the case of any public election where a poll is needed, the person who presided at the nomination meeting shall have a sufficient number of ballot papers printed. (3A) The ballot papers shall be in such form as the States prescribe by Regulations and shall – (a) show the date and place of the election; (b) show the names of the candidates in alphabetical order, one under the other; and (c) in the case of a candidate who has, in accordance with Article 20(4A) and (4B), declared his or her wish to have his or her endorsement by a registered political party entered on the ballot paper, show, next to the candidate’s name, the registered name or the registered abbreviation (if any) of the name, of that party as signified in the candidate’s nomination document under Article 20.”. 15 Citation and commencement This Law may be cited as the Political Parties (Registration) (Jersey) Law 2008 and shall come into force 7 days after it is registered. m.n. de la haye Greffier of the States [1] chapter 16.600 [2] chapter 15.560 [3] chapter 24.960