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