Written evidence submitted by the Electoral Commission (IMP 01)

The Electoral Commission is the independent body which oversees elections and regulates political finance in the UK. We work to promote public confidence in the democratic process and ensure its integrity. A key part of our role is to provide advice to the UK’s parliaments on matters relating to elections.

This submission has been written by the Electoral Commission in response to the Procedure Committee’s Inquiry into the status of independent Members of Parliament. Our submission aims to address the three key points put to us by the Committee:

Ways in which the Registration of Political Parties Act 1998 and the Political Parties, Elections and Referendums Act 2000 changed how political parties are formed;
The regulatory framework established by these Acts and how this applies to political parties, and whether or how this applies to independent candidates/MPs or groupings of independent candidates/MPs; and
Rules on the use of party names.

Overview

The Electoral Commission is responsible for maintaining the registers of political parties. As part of this process, we review the party names, descriptions and emblems which appear on the ballot paper, and make clear to a voter who they are voting for. We apply legal tests to ensure that the names, descriptions and emblems submitted will not offend, mislead, or confuse the voter.
Candidates standing for a party can use the party’s name, description or emblem on a ballot paper. Independent candidates may only use the word ‘independent’ and/or ‘Annibynnol’ in Wales, alongside their name.
This provision makes clear to the voter which candidates are independent and which are standing for a party. It would be reasonable for a voter to assume that a candidate using anything other than ‘independent’ as a descriptor, would be standing on behalf of a party. Any changes to this approach could lead to voter confusion about a candidate’s party affiliation.
The Commission regulates the content of ballot papers, but does not regulate the way candidates describe themselves in other material. A candidate may choose to use descriptions and other identifiers in their campaign material or when speaking to voters, and there are no laws governing how they choose to do this.
While the Commission does not have a role in regulating election campaign content and there are no laws governing the way candidates describe themselves in such material, we encourage parties, campaigners and candidates to consider the voter’s understanding and to campaign responsibly and transparently.
The Commission does not have a role relating to the description or naming convention for members or groups of members in any of the UK parliaments.

Key considerations relating to the registration of political parties

The Electoral Commission’s role

The Electoral Commission is responsible for maintaining the Registers of Political Parties. The Register includes the list of descriptions, or identifiers, that candidates are permitted to use on the ballot paper when permitted by the relevant party’s nominating officer.
There are two registers of political parties – one for Great Britain and one for Northern Ireland. As the registrar of political parties, the Commission must take a fair and reasonable decision on applications to register a political party in line with the legal registration requirements. These rules are in place to make ballot papers clear and easy to use for the voter.
The main benefit of registering a political party is that the party name, as well as any descriptions or emblems, are eligible for use on ballot papers by the party’s candidates. Registration of a political party brings an important obligation to comply with the financial controls and responsibilities set out in PPERA.
PPERA (2000) Part 2 sets out the requirements for the registration of parties. If an application meets those tests, the Commission must register the party.
We assess registration applications to ensure that applicant parties can comply with their legal obligations and that proposed names, descriptions and emblems satisfy the requirements outlined in law, and do not risk misleading or confusing voters. The Commission does not assess or comment on a party’s political views or policies. That is for voters to decide.
Voters can also comment on a particular name, description or emblem as part of our assessment process. Views can be submitted on this page of our website.
Some words cannot be used on ballot papers without being qualified by other words. This applies to the word ‘independent’, which can only be used in a registered political party’s name or description if used with another word or expression. It cannot be used alongside:

an existing registered name or description
only the word ‘party’
another word classified as prohibited in the same category

More information on prohibited words can be found in our guidance on names, descriptions and emblems.

Overview of the legislative framework

The Registration of Political Parties Act 1998 (RPA) made legal provision to set up a register of political parties in the United Kingdom. Prior to this point, there was no mechanism to formally register political parties.
The Electoral Commission was established by the Political Parties, Elections and Referendums Act (PPERA) (2000). PPERA built upon the existing registration arrangements established under the Registration of Political Parties Act 1998, repealing much of this earlier Act and re-enacting its provisions with significant modifications.
The registration scheme for political parties established under RPA was voluntary in nature. PPERA required the registration scheme to be binding so a political party wanting to stand candidates at a relevant election must be registered with the Commission.

Regulating and supporting ‘independent’ candidates

The Commission provides guidance, which outlines the qualifications and disqualifications for standing in elections. The Commission doesn’t have a role in the candidate nomination process and candidates do not need to be chosen by a political party to stand for election.
Any individual who qualifies to stand for political office, could choose to stand as an independent candidate and have a description reading ‘Independent’ and/or ‘Annibynnol’ in Wales or no description at all.

There is an exception to this rule for Parish elections in England. At these elections, independent candidates have the option to use ‘Independent’ or a description of no more than six words.
The decision for whether a description of no more than six words can be used by a parish election candidate is for the relevant Returning Officer. The Returning Officer has discretion to reject a description if it is more than six works or could be associated with a party registered with the Electoral Commission.

Support for Independent candidates

It is crucial that all candidates have the information and support required to comply with electoral law. We offer guidance to political parties and candidates to ensure they understand their obligations and can campaign with confidence.
Through our regulatory support team, we provide a range of advice and guidance tools to proactively support compliance. A year-round phone and email advice service is available to all candidates, elected officials and campaigners, regardless of their political affiliation. We see large numbers of independent candidates attend our webinars and advice surgeries, and provide a lot of support for this group.
We work with Returning Officers to cascade information on our offer, which is of particular importance to those independent candidates who don’t get any support from central parties and can often be harder to access.
Following the 2024 UK Parliamentary general election, we were able to reach newly elected independent MPs, as part of our inclusion in the House of Commons’ induction sessions. This provided an important opportunity to explain the political finance laws and their associated reporting obligations, as well as highlight how we can support MPs and their staff.

March 2025