Guidance for Police Area Returning Officers administering a Police and Crime Commissioner election in England and Wales
Commonly used names
Where a candidate commonly uses a different name from their actual name, or commonly uses their names in a different way to those stated on the nomination paper, they can ask for their commonly used name(s) to be used instead of their actual name.1
A candidate can request to use a commonly used forename, surname or both. They may also use initials as part of their commonly used name if they are commonly known by them.
For example, they may be known by their abbreviated name ‘Andy’, rather than their full first name ‘Andrew’. In that case, they can write ‘Andy’ into the commonly used forename box on the nomination form if they would rather that name appear on the ballot paper.
A candidate with a hyphenated surname may choose to use one part of their surname if this is how they are commonly known. For example, in the case of Andrew Smith-Roberts, he could use Andrew Roberts or Andrew Smith (if either was the name by which he is commonly known).
However, if a candidate has a title, they can use this as their full name. For example, if the candidate’s actual name is Joseph Smith, but their hereditary title is Joseph Avon, they can use the name Joseph Avon as their full name.
This table sets out a non-exhaustive list of potential variations:
| Candidate actual name | Commonly used name | Different from any other forename or surname? | Acceptable? |
|---|---|---|---|
| Andrew John Smith-Jones | Andrew Smith-Jones | No | Yes – if Andrew was the name by which he is commonly known. |
| Andrew John Smith-Jones | John Smith-Jones | No | Yes – if John was the name by which he is commonly known. |
| Andrew John Smith-Jones | Andy Smith-Jones | Yes | Yes - if Andy was the name by which he is commonly known. |
| Andrew John Smith-Jones | Johnny Smith-Jones | Yes | Yes - if Johnny was the name by which he is commonly known. |
| Andrew John Smith-Jones | Andrew John Smith | Yes | Yes - a candidate with a hyphenated surname may choose to use one part of their surname if this is how they are commonly known. |
| Andrew John Smith-Jones | Andy Jones | Yes | Yes - if Andy was the name by which he is commonly known and a candidate with a hyphenated surname may choose to use one part of their surname if this is how they are commonly known. |
| Andrew John Smith-Jones | AJ Smith-Jones | Yes | Yes - if AJ are the initials by which he is commonly known. |
| Andrew John Smith-Jones | Andrew J Smith | Yes | Yes - if Andrew J was the name by which he is commonly known and a candidate with a hyphenated surname may choose to use one part of their surname if this is how they are commonly known. |
Decisions on Commonly Used Names
It is not for you to decide whether the commonly used name is a ‘name’ that is commonly used or whether it meets the legal requirement to be different from any other name they may have. The law requires you to take whatever has been entered in the commonly used name box at face value and to accept it as the candidate’s commonly used name.
The only grounds you have in law for rejecting a commonly used name is that you consider that:2
- its use may be likely to mislead or confuse electors, or
- it is obscene or offensive
It is the candidate’s responsibility to ensure that they have completed their nomination in accordance with the law and to be satisfied that the given commonly used name is a name that they genuinely commonly use.
In the course of providing informal advice, you may wish to draw the candidate’s attention to our guidance for candidates and agents on commonly used names.
- 1. Para5(3), Sch 3, Police and Crime Commissioner Elections Order 2012 (PCCEO 2012) ↩ Back to content at footnote 1
- 2. Para 13, Sch 3, PCCEO 2012 ↩ Back to content at footnote 2