Guidance for Returning Officers administering a Scottish Parliament election
Changes to the register of political parties
Our register of parties contains up-to-date information about political parties, registered descriptions and emblems, and shows which names, descriptions and emblems are currently registered for each party.
Changes up to the publication of the notice of election
Removals or substitution of any registered descriptions may take effect up to and including the day before the actual date of publication of the notice of election for any particular election.
It is important to note that this is not the last day for publication of the notice of election but the actual day of publication.1
Once the notice of election is published any changes or deletions to any party descriptions do not apply for that election.2
For example, if as RRO you decide to publish your notice of election before the last day that the notice must be published by law, it is possible that a nomination may be submitted which bears a registered party description that no longer appears on the register of political parties.
If the deletion of the description has taken effect after you have published your notice of election but before the last day for publication of notice of election, the deletion does not apply to your election and the ‘old’ description is still valid. In any such circumstances you can check with the Commission’s Scotland Office whether or not the submitted party description applies for your election.3
Changes up to two working days before the final day for delivery of nomination papers
You should also note that political parties may change their registered party name and emblems, and add any new description if they previously had registered fewer than 12 descriptions, at any time until two working days before the final day for delivery of nominations for that election.4
New parties must also be registered two working days before the final day for delivery of nominations for that election, in order to use names, descriptions and emblems at that poll.
The table below sets out the deadlines for making changes to the register of political parties in the run up to a poll. After that point, any changes or deletions to any party descriptions do not apply for that election.5
| What does the party want to do the register of political parties? | When can this be done? |
|---|---|
| Registration of new parties | No later than two working days before the last day for the delivery of nominations at that election |
| Add any new descriptions where fewer than 12 are held | No later than two working days before the last day for the delivery of nominations at that election6 |
| Alter party names and/or emblems | No later than two working days before the last day for the delivery of nominations at that election7 |
| Remove or substitute any register description | Up to and including the day before the actual date for the publication of the notice of election8 |
Party description – not yet registered
Where a candidate or party attempts to submit a nomination paper bearing a description that has yet to be registered, you should advise the candidate or party (as appropriate) not to formally submit the paper, but to take it back and submit it once the description has been successfully registered.
If a candidate or party (as appropriate) formally submits their nomination form with a description that is not yet registered, you must determine the nomination invalid on the basis that, when the determination is made, the description provided does not match any registered with the Commission.9
You may wish to contact the Commission’s Scotland office for confirmation that a description is not yet registered before making your determination.
- 1. Section 30(6A), Political Parties, Elections and Referendums Act (PPERA) 2000 ↩ Back to content at footnote 1
- 2. Section 30 (6A), PPERA 2000 ↩ Back to content at footnote 2
- 3. Section 30 PPERA 2000 ↩ Back to content at footnote 3
- 4. Section 30, PPERA 2000 ↩ Back to content at footnote 4
- 5. Section 30 (6A), PPERA 2000 ↩ Back to content at footnote 5
- 6. Section 30, PPERA 2000 ↩ Back to content at footnote 6
- 7. Section 30, PPERA 2000 ↩ Back to content at footnote 7
- 8. Section 30(6A), PPERA 2000 ↩ Back to content at footnote 8
- 9. Rule 16(2), Schedule 2, Scottish Parliament (Elections etc.) Order 2015 ↩ Back to content at footnote 9