Political Parties (Registration) (Jersey) Law 2008

Revised Edition

16.555

Showing the law as at 1 January 2017

This is a revised edition of the law




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

Commencement [see endnotes]

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 3 on the standard scale.[4]

13      Citation

This Law may be cited as the Political Parties (Registration) (Jersey) Law 2008.

 

 


Endnotes

Table of Legislation History

Legislation

Year and No

Commencement

Political Parties (Registration) (Jersey) Law 2008

L.31/2008

1 August 2008

Criminal Justice (Miscellaneous Provisions) (Jersey) Law 2016

L.1/2016

20 September 2016

(R&O.98/2016)

Table of Renumbered Provisions

Original

Current

13

Spent, omitted

14

Spent, omitted

15

13

Table of Endnote References



[1]                                    chapter 16.600

[2]                                    chapter 15.560

[3]                                    chapter 24.960

[4] Article 12                 amended by L.1/2016


Page Last Updated: 03 Apr 2018