registration of political parties · the political parties registration regulations, 2017 forms...

REGISTRATION

OF

POLITICAL PARTIES

Legislation & Regulations

Published June 2017

By

The Electoral Commission of Jamaica

Table of Contents

The Representation of the People (Amendment) Act, 2014

The Political Parties Registration Regulations, 2017

Forms

Application for Registration of a Political Party

Voluntary Declaration of (President or Leader and Representative of the Applicant Party) in Support of Application to register political party

Certificate Stating the Names and Contact Details of Persons Holding Recognized Offices in Applicant Party

Declaration by Electors

Statement Confirming Acceptance of the Appointment as Auditor of a Political Party

Undertaking of a political code of conduct on the Registration of a Political Party

Provisional Certificate of Registration

Certification of Registration as a Political Party

Application for Voluntary Deregistration

Register of Political Parties

Voluntary Declaration of Continued Existence as a Political Party

Application for Approval to Change or Alter the Name; Identifying Symbols of a Registered Political Party

Certificate of Registration on the Change of Name of a Registered Political Party

Notice of Change of Location of Head Office of a Registered Political Party

Notice of Change of Postal Address of a Registered Political Party

Notice of Proposal to Deregister a Registered Political Party

Return of Annual Accounts of Political Party

1

35

43

50

53

57

60

62

63

64

66

67

69

71

73

75

76

77

79

REPRESENTATION OF THE

PEOPLE (AMENDMENT)

ACT, 2014

REGISTRATION OF POLITICAL PARTIES

v

JAMAICA

No. :<J - 2014

I assent,

[L.S.]

~.)p,C£ , ~__ Governor-General.

:l3--rJ- .J)e~, ~0ILf-I

ANACTm Amend the ReDresentatiqn ofthe People Act. 'llfe-crate notified by the Minister

[ brill8i. the Act into operation ]

BE IT ENACTED by The Queen's Most Excellent Majesty, by and with the advice and consent of the Senate and House of Representatives of Jamaica, and by the authority of the same, as

follows:

1.--(1) This Act may be cited as the Representation ofthe People Short title and

(Amendment) Act, 2014, and shall be read and construed as one with constMtion.

the Representation ofthe People Act (hereinafter referred to as the "principal Act") and all amendments thereto, and shall come into operation on such day or days appointed by the Minister by notice in the Gazette.

(2) For the purposes of this section, different days may be appointed for the commencement ofdifferent provisions ofthis Act and for different purposes ofthe same provision.

Page 1

2

Amendment of section 2 of principal Act.

[No. ] The Representation ofthe People (Amendment) Act, 2014

2. Section 2 ofthe principal Act is amended by

(a) inserting next after the definitionof"appropriatedigit" the following definition

"authorizedrepresentative",inrelationtoapolitical party means the person named in the application for registration ofthe political partyfor the pmposes of section 52D(2)(b)(iii) as the authorized representative;";

(b) deleting the definitions of"candidate", "candidate at an election" and "election", respectively, and substituting therefor in the appropriate alphabetical sequence the following definitions- '

"candidate" means any person aspiring for or seeking an elected public office who

(a) is duly nominated by a registered political party or seeks office independently; and

(b) has been issued with a certificate of candidaoy,Oy-thcCommission;

"certificate of candidady~~' rii~ans the prescribed certificateissued bythe CommissionverifYingthat a candidate has been duly nominated as a candidate;

"Commission" means the Electoral Commission of Jamaica established under section 4(1) of the Electoral Commission (Interim) Act;

"contribution" or "donation" means

(a) any giftofmoney, gift in kind or any other benefit which can be computed in tenns ofmoney, given to a political party or a member ofa political party for the purpose of carrying out the activities ofthe political party; and

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The Representation ofthe People (Amendment) [No. ] 3 Act, 1014

(b) any political party subscription;

"Councillor" has the meaning as in section 2 ofthe Pprish Council Ac!;

"election" means-

(a) for the purposes ofPart VB

(i) a general election;

(n) an election to membership of

(A) the Council of the Kingston and St. Andrew Corpolation;

(B) a Parish Council; or

(C) a Municipal Council;

(m) a by-election; and

(b) for the purposes ofthis Act, other than Part VB, an election ofa member;

''in~pe.Q.dentcandidate" means a candidate who is not . amember ofOr is not representing a political party and has been issued with a certificate of candidacy;

''memberofthe political partyin good standing" means a member ofa political partywhose political party subscriptions are fully paidup;

"nominate", for the purposes ofPart VB, means to '. ,propose a candidate for an election in accordance

with the provisions ofthisAct;

"officer", in relation to a political party, means the national chairman, the President or Leader, the general secretary, the chief financial officer, the authorized representative and any other person designated in accordance with the rules ofthe political party as an officer, as a member ofthe

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4 [No. ] The Representation ofthe People (Amendment) Act, 2014

executive committee orofany standingcommittee ofthe political party;

"political party" means an association, organization, affiliation or group ofpersons joined to form a political organization for the principal purposes of

(a) influencingpublicopinion;

(b) endorsing one or more ofits members as candidates and supporting their election; and

(c) participatinginthe representationofthe people by contesting elections, nominating or endorsing its members as candidates or carrying out other political activities onan ongoingbasis;

"political party subscription" means the required dues and fees for membership in a political party made in accordance with the rules ofthe political party;

"President" or "Leader", in relation to a political party, means the person duly elected or otherwise appointed to lead and direct the affairs of the politicalparty;

"Register ofPolitical Parties" means the register kept and maintained under section 52Y(1);

"registered political party" means a political party registered under section 52M;

"Registrar ofpolitical Parties" or "Registrar" means the officer ofthe Electoral Office ofJamaica who is designated by the Director ofElections under section 52X;

"slogan" includes symbol and motto;

"state funding" means the provision by the state of fmancial and other resources to a registered political party.

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The Representation o/the People (Amendment) [No. ] 5 Act, 2014

3. The principal Act is amended by inserting next after Part VA the Insertion of • new Part VB

folloWIng as Part VB--- in principal

"

~

Political party to be registered in order to contest elections.

Application for registration of political party.

PART VB. Registration and Deregistration of Act.

Political Parties

Registration ofPolitical Parties

52C.-(1) Notwithstanding any other law, the nomination ofa candidate for the purposes ofPart ill in relation to an election shall not be valid unless the nomination is in respect ofa person who is

(a) a candidate of a registered political party; or

(b) an independent candidate, who shall be described as such on the nomination papers.

(2) For the purposes ofsubsection (1 )(a), a person is a candidate ofa registered political party ifat the time ofnomination, a list has been issued to the Director of Elections by or on behalf of the authorized representative ofthe registered political party authorizing that person to stand for election in the name ofthe political party.

52D.-(1) Subject to section 52E, the President or Leader and one other authorized representative of a political party that proposes to operate or function as a registered political party (hereinafter called the "applicant party") shall jointly apply to the Commission for registration of the applicant party as a registered political party.

(2)An application for registration under this section shall be-

(a) made in the prescribed fonn and manner; and

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6 [No. ]

Sixth Schedule.

Seventh Schedule.

The Representation ofthe People (Amendment) Act, 2014

(b) accompanied by

(i) two copies ofthe constitution of the applicant party which shall contain provisions with respect to the matters referred to in the Sixth Schedule;

(ii) the documents and information referred to in the Seventh Schedule;

(iii) the name and address of the authorized representative; and

(iv) the prescribed fee.

(3) Subject to section 52E, the Commission shall, as soon as is practicable, upon receipt ofan application under subsection (1), issue the applicant party with a provisional certificate of registration and thereafter act in accordance with section 520, 52J, 52K or 52L.

(4) Where the Commission notifies the applicant party, in writing, that it requires further information to clarifY or verifY any information contained in an application for registration under this section, the applicant party shall, within such period as the Commission may indicate, provide the Commission with such further information.

(5) Every political party desirous ofregistering with the Commission shall nominate anofficerofthe partytobedesignated as theauthorizedrepresentative who shall be responsible for liaising with the Commission with respect tomatters referred to in this Part.

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The Representation o/the People (Amendment) [No. ] 7 Act, 2014

Application 52E. The Commission shall not accept any not to be

application under section 52D during any of themade during following periods, namely, from the-certain periods. (a) date ofthe dissolution ofParliament for

the holding ofa General Election until the date ofthe next sitting ofParliament;

(b) issueofa writ ofelection or the publication of an order in the Gazette, as the case may be, for a by-election until the day after the member or Councillor, as the case may be, is declared;

(c) issue of a Proclamation or an order published in the Gazette as the case may be, for the holding of the election for membership on--

(1) the Council ofthe Kingston and St. Andrew Corporation;

(n) a Parish Council; or

(ill) a Municipal Council,

until the day after the Councillor or member is declared; or

(d) announcement of the holding of a referendum until the day after the referendum is held.

Withdrawal 52F. The President or Leader and the authorized ofapplica representative ofa political party that has made an tion.

application under section 520 (1) may withdraw the application, at any time before registration, by sending a written request to that effect to the Commission.

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8 [No. The Representation ofthe People (Amendment) Act. 2014

Objection 520.-( 1) Subject to subsection (2), the to registration, Commission shall, not later than seven days after the

receipt ofan application under section 52D( I ) for registration as a political party, cause a notice ofthe application to be pubHshed in the Gazette and in at least one daily newspaper circulated in Jamaica and in such other manner, as the Commission may determine, at least once in each oftwo successive weeks.

(2) A notice by the Commission under subsection (I)shall

(a) invite objections from any person to the registration of the applicant party as a political party;

(b) stipulate that objection may be made within a period ofthirty days after the date ofthe first publication ofthe notice;

(c) indicate

(i) the name ofthe political party;

(ii) the identifYingsymbol, slogan or logo used or proposed to be used, by the political party; and

(iii) the co lour used or proposed to be used by the political party.

(3) Every person who desires to object under this section to the registration ofa political party, shall give notice in writing to the Commission stating

(a) his name and address;

(b) the ground ofhis objection; and

(c) any facts and reasons upon which he relies in support ofthe objection.

"

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/

Treatment ofobjection toapplication for registration.

The Representation ofthe People (Amendmenl) [No. ] 9 Act, 2014

(4) Except in such exceptional circumstances as may be determined by the Commission in any particular case, an objection under subsection (3) shall not be considered by the Commission ifit is made afterthe expiration ofthe period stipulated in the notice under subsection (l ).

52H.--(1) Where the Commission receives an objection under section 520, then, unless pursuant to that section consideration of the objection is not permitted, the Commission shall

(a) notifY the authorized representative ofthe applicantpartyofthe objection, including the notification information referred to in paragraphs (b) to (c) ofsection 52G(3), and request a written response thereto; and

(b) grant the applicant party fourteen days from the date ofreceipt ofthe notification under paragraph (a) notice within which to respond.

(2) The Commission may, after treating with the objection pursuant to subsection (1), cause an inquiry to be made to ascertain whether to

(a) uphold the objection; or

(b) accept the response ofthe applicant party and reject the objection.

(3) Where the applicant party fails to respond to the objection, within the time specified under subsection (1 )(b) or such longer period as the Commission may in the circumstances allow, the Commission may refuse to register the political party.

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10 [No. The Representation ofthe People (Amendment) Act, 2014

Grounds for 52I.-{1) The Commission may refuse to register refusal of an applicant party under this Part on any of theregistration.

following grounds

(a) the application was not made in accordance with the provisions ofthis Act or any regulations made under this Act;

(b) the particulars submitted with the application are-

(i) inaccurate in a material way and there is a failure to carry out the required corrections within the time specified under section 52J(1)(b) or such longer period as the Commission may, in writing, determine in any case;

(ii) defective and the defects are not corrected within the time specified in section 52J(l)(b);

(c) the applicant party has failed to respond in writing to objections made pursuant to section 52G; or

(d) the applicant party has a name which, in the opinion ofthe Commission-

(I) may incite hatred or violence; or

(n) is so similar to the name ofa registered political party as to be likely to mislead or confuse members of the public or is otherwise likely to result in confusion.

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1'"

Defective application.

The Representation ofthe People (Amendment) [No. ] 11 Act. 2014

(2) Where the Commission is considering two or more applications for registration under this Part" and the slogan, colour or name ofone of the applicant parties

(a) is the same as the identifying slogan" colour or name of anyone or more of the other applicant parties; or

(b) so closely resembles the slogan, colour or name ofanyone or more ofthe other applicant parties, as the case may be, as to be likely to mislead or confuse members of the public or is otherwise likely to result in confusion,

then, the Commission may, after taking into account the totality of the circumstances, including the history ofeach applicant partyand the time at which each applicant party submitted its application determine which applicant party, ifany, shall have the right to use the slogan, colour or name, and ifit is unable to so determine, the Commission shall, in writing, notify the authorized representative of each applicant party of its refusal to register each applicant party as a political party in the circumstances.

52J.-(1) Where an application for registration under section 52D is defective, the Commission shall, no later than fourteen days after receipt of theapplication

(a) notify the authorized representative ofthe applicant party in writing ofthe defect; and

(b) grant the applicant party fourteen days from the date of receipt of the notice

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12 (No. ]

Investigation by C0mmission.


under paragraph (a), or such longer period as the Connnission may in writing determine, to correct the defect.

(2) For the purpose of subsection (1), an application is defective it=

(a) it is incomplete; or

(b) particulars submitted pursuant to section 520 are inaccurate.

(3) Where there is a defect in an application for registration as a political party and the defect is not cured, within the fourteen days specified in subsection (1)(b) or such longer period referred to therein, the application shall be deemed to have been withdrawn.

52K.-(1) The Commission may cause an investigation to be carried out to ascertain the truthfulness or accuracy ofthe.particulars submitted with an application pursuant to section 520.

(2) Where, pursuant to an investigation under subsection (1), the Commission makes a preliminary finding that particulars submitted with the applicationare materially false, the Commissionshall

(a) notifY the authorized representative ofthe applicantpartyinwritingofthepreliminmy finding; and

(b) grant the applicant party fourteen days, or such longer period within which to respond to the Commission, as the Commission may in the circumstances allow.

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(3) The Commission shall refuse to register the applicant party, where

(a) after considering the response of the applicant party, the Commission is satisfied thatparticulars submitted with the application for registration are materially false; or

(b) the applicant party fails to respond to the preliminmyfindingwithinthetimegranted under subsection (2)(b), or such longer period referred to therein.

Re-application 52L. Where under section 52J an application is pennilted deemed to be withdrawn that shall not restrict the after wilhdrawal. applicant party from substituting a new application

for registration.

Registra 52M.-(1) The Commission shall register a tionaf political party if it is satisfied that-political parties. (a) the applicant party has met the

requirements of this Act or any regulations made under this Act;

(b) the name and any slogan or logo used or proposed to be used by the applicant party

(i) does not so resemble the name, slogan or logo of a registered political party that it would, in the opinion of the Commission, be likely to be confused with it; or

(ii) the applicant party has provided the information required under this Act and that the information is accurate.

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14 [No. ]

Effective date of registration.

\t)luntary deregistrationof registered political party.

The Representation ofthe People (Amendment) Act. 2014

(2) Upon registration ofan applicant party as a political party, the Commission shall

(a) notifYthe authorized representative ofthe applicant party of its registration as a political partyunder this Act; and

(b) issue to the registered political party, a certificateofregistration in the prescribed form

(3) Where the Commission registers a political party under this Act, it shall publish the fact of the registration ofthe political party in the Gazette.

(4) A notice of registration of a political party shall speci(y

(a) the name;

(b) any identifYing symbol, slogan or logo; and

(c) any colour,

proposed to be used by the political party.

S2N. The effective date of registration of an applicant party as a political party under this Act shall be the date on which the Commission issues the certificate of registration under this Part in respect ofthe political party.

Deregistration ofPolitical Party

520. Upon an application for deregistration beingjointly made in the prescribed manner by the PresidentorLeader and the authorized representative ofa registered political party, the Commission may deregister the registered political party in accordance with the provisions ofthis Act.

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The Representation ofthe People (Amendment) [No. ] IS Act, 2014

Commission S2P. Subject to the provisions of this Act, the ::rs=:ster Commission may deregister a registered political political party-party.

(a) where the party fails to

(i) comply with any provision or

requirement ofthis Act or any regulations madeunder this Act;

(Ii) file with the Commission any

information reasonably required by the Commission to

claritY orveritY the information contained in a statement or return or any other information filed by the political party under

this Act;

(Iii) submit the annual financial reports in accordance with

section S2AE(1);

(Iv) submit the fmancial records to theauditor pursuant todirections from the Commission under

section S2AF(3);

(b) where the Commission discovers any fact, which had it been known prior to the

issuance ofthe certificate ofregistration. the Commission would have refused to register the political party;

(c) where the political party has not nominated a candidate for three consecutive elections (other than by

'

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]6 [No. ] The Representation ofthe People (Amendment)

Notice of proposal to deregister.

Avoiding deregistratiOn.

Meeting concerning proposed deregistration.

Act, 2014

elections) since the time of its first registration under this Act as a political party; or

(d) where the political party has made any changes or alterations to its identifYing slogan, colour or name, otherwise than in accordance with this Act.

52Q.-(I) Where the Commission proposes to deregister a registered political party under section 52P, the Commission shall send written notice in accordance with subsection (2) of the proposed deregistration by registered mail to the President or Leader and the authorized representative ofthe political party, and anyone ofthe persons so named may, within thirty days ofreceiving the notice from the Commission, file a written objection to the proposed deregistration.

(2) The notice under subsection (l ) shall specifY the reason for the proposed deregistration and the time period

(a) for objection to the deregistration to be lodged as specified under subsection (1 );

(b) for rectificaticm under section 52R to be made where possible.

52R. A registered political party may, within sixty ~s of receiving the notice of its proposed

. deregistration, where possible, rectifY the breach F ~pecified fn the notice; and where the Commission , is,.tisfied that the breaCh has been rectified, the

Commission shall not <teregister the political party.

52S. Where a registered political party files a written objection to its proposed deregistration, the Commission shall provide an opportunity for

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The Representation ofthe People (Amendment) [No. ] 17

Decision concerning deregistrationafter meeting with political party representatives.

Noderegistration during campaign period.

. Effective date of deregistration.

Notice of deregistration.

Office ofthe Registrar ofPolitical Parties.

Act, 2014

the President or Leader and the authorized representative ofthe political party to meet with the Commission forthe purpose ofchallenging the grounds for the proposed deregistration.

52T. Where a meeting is held under section 52S and the Commission is satisfied that the circumstances ofthe registered political party fall within one or more ofthe grounds for deregistration specified in section 52P, the Commission may deregister the political party.

52U. The Commission shall not deregister a registered political party during the period starting from the date ofannouncement ofan election to the date ofthe election.

52Y. The effective date of deregistration of a registered political party is the date on which a notice of deregistration pursuant to section 52W appears in the Gazelle.

52W. The Commission shall cause a notice of the deregistration ofa registered political party to be published in the Gazelle.

Office ofthe Registrar ofPolitical Parties

52X.-(1) There shall be a division of the Commission to be known as the Office of the Registrar of Political Parties.

(2) The Director of Elections shall designate an officer of the Electoral Office of Jamaica to be the Registrar of Political Parties.

(3) The Office of the Registrar of Political Parties shall be under the day-to-day management ofthe Registrar.

(4) The Registrar shall

(a) receive and process applications for the registration of political parties and

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18 [No. ]

Register of Political Parties,


forward them to the Commission for consideration;

(b) verify the particulars ofpolitical parties submitted either with an application for registration or periodically and in that regard may request the official records of registered political parties;

(c) keep and maintain an up-to-date register; and

(d) perform such other functions as the Commission may determine.

52Y.-{l) For the purposes of this Part, there shall be established a Register ofPolitical Parties.

(2) The Register may be kept electronically and shall contain the following particulars in relation to every registered political party

(a) the name ofthe political party and the party's address for correspondence;

(b) the date of its application for registration under this Act;

(c) the registration number and the date appearing on the certificate of registration issued under section 52M(2)(b) to the political party;

(d) the name and address of-

(i) the President or Leader;

(Ii) the person holding each ofthe offices recognized by the rules of the political party; and

(Iii) the authorized representative; and

(e) such other information as may 'be prescribed.

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(3) The Register shall beopento inspection by any member of the public at the offices ofthe Commission at all reasonable times and shall also be available for inspection on a website maintained by the Commission.

(4) A copy of an entry in the Register certified by the Registrar as a true copy of the original entry shall, for the purposes of any law, be prima facie evidence of the facts stated in the certificate.

Correction 52Z.--{l) It shall be the duty of the Registrar of Register to-of Political Parties. (a) recommend to the Commission the

removal ofany entry from the Register;

(b) amend the Register in accordance with the directions ofthe Commission;

(c) correct in accordance with the Commission's directions, any entry in the Register which the Commission directs him to correct as being, in the opinion of the Commission, an entry which was incorrectly made or has become inaccurate; and

(d) make, from time to time, any necessary alterations in any of the particulars mentioned in section 52Y.

(2) Where the Commission takes any action WIder subsection (1), the Commission shall, as soon as practicable, by notice in writing, inform the political party concerned of any action taken and the reasons for such action.

(3) A registered political party shall, as soon as is practicable, inform the Commission by notice inwriting ofany

(a) error inthe Register ofwhich it is aware as it relates to its registration; and

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20 [No. ] The Representation o/the People (Amendment)

Changes or alterations to identifying symbols, etc.

Act, 2014

(b) change in the infonnatton entered in the Register that relate to the political party.

Changes or Alterations

52AA.-{I)A registered political party shall not make any changes or alteration to its name or any material changes to any identifying symbol, slogan. or colour except in accordance with this section.

(2) Before making any changes or alterations referred to in subsection (1), a registered political party shall apply in the prescribed form and manner to the Commission for approval ofthe change or alteration.

(3) The ComrnissionshaJ.4within fourteen days ofthe date ofreceipt ofthe application, cause a notice of the proposed change or alteration to be published in the Gazette and in a daily newspaper circulated in Jamaica and in such other manner as the Commissionmay determine, inviting objections from any person, within a period ofthirty days from the date ofpublication of such notice concerning the change or alteration.

(4) The Commission may, in addition to inviting objections to the application under subsection (3), cause an inquiry to be made to ascertain whether the change or alteration should be approved.

(5) A change or alteration shall be approved by the Commission within sixty days after publication ofthe notice under subsection (3), or such longerperiod as the Commission maydetermine, if:

(a) any objection made to the change or alteration pmsuant to subsection (3) isnot upheld by the Commission;

" Page 20


(b) the change or alteration is not such that had it been part of the particulars for registration ofthe political party it would have caused the application to have been refused; or

(c) any inquiryby the Commission pursuant to subsection (4) does not satisfy the Commission that the application should be refused.

Objection to 52AB.-(1) Where the Commission receives an change or objection within thirty days ofthe publication ofaalterations.

notice under section 52AA(3), the Commission shall

(a) notify the authorized representative of the applicant political party of the objection; and

(b) grant the political party fourteen days within which to respond.

(2) Where

(a) after considering the response of the political party, the Commission upholds the objection; or

(b) the political party fails to respond to the objection within the time specified in subsection (l)(b) and the Commission considers the objection to be persuasive,

the Commission shall refuse the applicatien to amend the Register.

Inquiry by 52AC.-(1) Where, pursuant to an inquiry under Commission. section 52AA(4), the Commission makes a

preliminary determination that the change or alteration applied for by a registered political party

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22 [No. ] The Representation ofthe People (Amendment)

Duty to keep accounting records.

Act, 2014

should not be made to the Register, the Commission shall

(a) notifY the authorized representative ofthe registered political party in writing ofthe preliminaty detennination; and

(b) grant the political party fourteen days within which to respond.

(2) Where

(a) after considering the response of the political party, the Commission determines that the Register ofPolitical Parties should not be amended; or

(b) the political party fails to respond to the findings within the time granted under subsection (l)(b),

the Commission shall refuse to change or alter the Register.

Accounts, Returns andAudit ofRegistered Political Parties

52AD.-(I) The executive officers of every registered political party shall

(a) cause to be kept and maintained proper accounts with respect to the party which

(i) are sufficient to disclose, with reasonable accuracy, at any time the financial position of the political party;

(Ii) conform to established accounting principles;

Page 22


(b) nominate an officer of the party to be designated as the "accountable officer", who shall

(i) certifyall returns and financial statements;

(n) be responsible to the Commission for all financial affairs ofthe political party;

(c) cause to be filed with the Commission an annual financial report ofthe party; and

(d) cause notification to be provided to the Commission ofall financial institutions in which the party maintains accounts and the nature and purpose of the accounts.

(2) The accounting records made for the purposes of this section shall be kept by the political party for at least six years from the end of the financial year in which they are made.

Duty to submit 52AE.-(I) Every registered political party annual returns. shall, on or before the 1 st day of April in every

year, prepare and submit to the Commission for the preceding financial year ofthat political party

(a) an annual financial report prepared by a registered public accountant;

(b) a statement showing the sources ofthe funds ofthe political party.

(2) A copy of the report and of the statement made for the purposes ofsubsection (1) shall be kept by the political party for at least six years from the end ofthe financial year in which they are made.

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24 [No. 1 The Representation ofthe People (Amendment)

Power of Commission to appoint auditor to audit accounts.

State funding ofpolitical parties.

Act, 2014

(3) Every person who wilfully makes, or causes to be made, any false entry in, or omission from

(a) any report or statement under subsection (1); or

(b) the accounting records referred to in section 52AD(1)(a),

commits an offence and shall be liable on summary conviction in a Resident Magistrate's Court to a fine not exceeding one million dollars or to imprisonment for a term not exceeding twelve months or to both such fine and imprisonment.

52AF.-{1) Notwithstanding section 52AE, the Commission may cause the accounts ofa political party to be audited by an independent auditor appointed by the Commission.

(2) The fees and expenses ofan auditor appointed by the Commission pursuant to subsection (l) shall be paid by the Commission.

(3) Where the Commission appoints an auditor under subsection (1), the political party shall, within such time as the Commission may, in writing, direct, submit all relevant financial records to the auditor.

State Funding ofPolitical Parties

52AG.-(1) Every registered political party that

(a) meets the requirements of section 12(1);

(b) has its annual financial statement independently audited by a registered public accountant within the meaning

Page 24


ofsection 2 ofthe Public Accountancy Act and submitted to the Cotnmission within one hundred and twenty days of the end of the financial year of the registered political party,

shall be entitled in each financial year to receive as state funding the sums ofmoney referred to in this section.

(2) Subject to subsections (3), (4) and (6), for the purposes ofthis Act the amount approved by Parliament for state funding shall be divided equally among the political parties thatqualify to receive state fuOOing.

(3) Where a registered political party has . decided not to receive the moneys entitled to it under this section, those moneys shall be retained in the Consolidated Fund and accordingly shall not be available for division among other registered political parties entitled to receive state funding.

(4) A registered political party shall not receive as state funding in any financial year more than forty per cent ofits income for the previous financial year.

(5) For the purposes ofsubsection (1 Xa), no account shall be taken ofvotes cast for anyone or more persons who stood as independent candidates at an election but who subsequently form or join a political party. '

(6) Notwithstanding any other provision ofthis Act, state funding shall not be available in any financial year to a registered political party that has been formed in the previous financial year by five or more Members of Parliament who contested as independent candidates or candidates ofa registered political party at a general election.

Page 25


(7) As soon as is practicable after the allocationoffunds, the Commission shall pay to each political party the moneys it is entitled to receive pursuant to this Act, out of funds approved by Parliament for the purposeofstate funding, and made available to the Consolidated Fund

(8) Nothing in this Act shall preclude any political party from lawfully obtaining moneys or benefits from sources other than the state.

Allocation of 52AH. The funds allocated to a registered political state funding. party shall be used solely and exclusively for

(a) the development ofthe political party;

(b) the off-setting ofthe operating expenses ofthe political party that is to say

(I) its headquarters;

(n) the salaries of party administrators;

(m) electricity, water and telephone bills;

(c) party recruitment and civic education;

(d) research and policy development ofthe political party;

(e) education and training ofmembers ofthe political party; and

(f) other reasonable logistical and operating expenses to strengthen the political party as a democratic in$titution.

Obligations of 52Al.-(1) Every registered political party that registered qualifies for state funding shall-political party that qualifies (a) hold elections ofofficers as prescribed for state funding. by its constitution;

Page 26

The Representation ofthe People (Amendment) [No. ] Act, 2014

(b) maintain and submit annually to the Commission, on the anniversary ofits registration, a current list of

(i) all officers;

(Ii) all membersofthe executive committeeormembers ofthe party with equivalent status;

(m) Members ofParliament and Councillors;

(iv) candidates for election, caretakers or chairpersons foreach constituencywhoare inplace;

(c) submit to the Commission the names of all affiliates that the party funds and a list ofall personswho are officersofthe party

affiliates;

(d) submit annual budgets to its members at itsannual genern1 meeting;

(e) submit audited financial statements to its members at its annual general meeting;

(t) keep such books, documents or records as may be prescribed.

(2) A registered political party that qualifies for statefimding shallbe entitledto receive state fimding ifthe party

(a) complies with the provisions ofthis Part and any regulations made under this Part;

Page 27


(b) has not provided any infonnation that is false in a material particular to the Conunission inany ofthe documents the party is required to submit to the Commission;

(c) submits to the Commission, forthwith, on the prescribed fonns, any changes made with respect to the infonnation provided in its application for state ftmding.

Suspension of S2AJ.-(1) Where a political party that has state funding. received state funding

(a) fails to comply with its obligations under this Act; or

(b) submits infonnation to the Conunission that contains or is based on a false or misleading representation or infonnation which is false in a material particular,

it ceases to be entitled to receive state funding in accordance with section S2AI(2), and the Commission may suspend the payment of state funding to that political party in accordance with this section.

(2) Before suspending the paymentofstate funding to a political party under subsection (1), the Commission shall notify the political party in writing ofthe proposed suspension-

(a) stating the reason therefor; and

(b) requiring the political party, in the case of a breach, to remedy the breach within fourteen days or such longer time as may be specified in the notification.

Page 28

The Representation ofthe People (Amendment) [No. ] 29 Act. 2014

(3) A political party that is served with a notice under subsection (2) shall, after remedying the breach which gave rise to the suspension, notify the Commission in writing that the breach has been remedied.

(4)The Commission shall, upon receipt ofa notice referred to in subsection (3), satisfy itself that the breach has been remedied, and ifso satisfied, it shall withdraw the notice ofsuspension.

Disqualification 52AK.-{1) The Commission may disqualify a ftom receiving political party from receiving state funding if it is state funding.

satisfied that

(a) the political party has ceased to be entitled to receive state funding in accordance with section 52Al(2);

(b) the Commission has exercised its power of suspension under section 52AJ; and

(c) the political party has failed to remedy the breach which gave rise to the suspension ofstate funding, within the time specified in a notice under subsection (2) ofthat section.

(2) Before disqualifying a political party under subsection (I), the Commission shall notify the political party in writing of the proposed disqualification stating the reasons therefor.

Commission to 52AL, The Commission shall keep such records keep records. ofstate funding granted under this Act as may be

prescn'bed""

4. Section 104 ofthe principal Act is amended by inserting next AmendrncDtof

after subsection (1) the following as subsection (IA)- =~C::f

" (lA) The Commission may make regulations, subject to affirmative resolution, for the purposes ofgiving effect to the

Page 29

30

Insertion of new Sixth and Seventh Schedules in principal Act.

[No. ] The Representation ofthe People (Amendment) Act, 2014

provisions ofPart VB and in particular, but without prejudice to the generality ofthe foregoing, such regulations may contain provisions in relation to

(a) the conduct and operation ofpolitical parties;

(b) prescribing the form of application for registration ofa political party;

(c) the form and manner in which records ofdonations shall be kept by political parties;

(d) keeping of records of state funding by political parties; and

(e) the manner and form ofsubmitting annual financial reports and statements.".

5. The principal Act is amended by inserting next after the Fifth Schedule the following as the Sixth and Seventh Schedules

" SIX1lI 8cHEooLE (Section S2D (2»

Content of the Written Constitution of a Political Party Applying for Registration

1. The full name ofthe political party.

2. The aims and objectives of the political party (the principal objective of which shall be to contest elections).

3. The qualifications for membership of the political party.

4. The rights and duties ofmembers.

S. The responsibilities of the political party toward its members.

6. The process for maintaining internal discipline and the resolution of disputes within the political party.

7. Provisions for the election of officers.

8. The admission and dismissal of members.

9. The titles ofall officers and the duration oftheir terms ofoffice.

10. The persons eligible to vote in elections for officers.

11. The procedures for selection or election of delegates for party conferences.

Page 30

The RepresenJation ofthe People (AmendmenJ) [No. ] 31 Act, 20/4

SEVENm SCHEDULE (Section 52D)

Information to be Furnished to the

Commission on Application to Register a Political Party

1. A declaration made under the Voluntary Declarations Act containing the

following information

(a) the name of the political party as stated in its constitution;

(b) any slogan and logo of the political party;

(c) the colours ofthe political party, ifany;

(d) the address of the head office of the political party where records

are maintained and to which communications may be addressed;

(e) a certificate by the General Secretary of the political party stating

the names and contact details ofpersons holding each ofthe offices

recognized in accordance with the rules of the party;

(f) the name and contact details ofthe appointed auditor ofthe political

party;

(g) the names and addresses of the five hundred electors who have

signed the declaration pursuant to paragraph 2;

(h) such other relevant information as may be reasonably required by

the Commission in order to substantiate the information referred to

in the preceding sub-J>Il;I1lgraphs.

2. A declaration in the prescribed form signed by five hundred electors

stating the names and addresses of those electors.

3. A statement in writing in the prescribed form from the auditor referred to in

paragraph 1, confmning the acceptance of the appointment as auditor of the

political party.

4. An undertaking by the political party. jointly executed by the President or

Leader, Chairman and General Secretary ofthe political party, to be bound by the

provisions of this Act and any political code of conduct prescribed under this

Act or any other enactment.".

Page 31

32 [No. ] The Representation o/the People (Amendment) Act, 2014

Amendment of 6. Section 6(1) of the .gleetoral Commission (Interim) Aet is Electoral Commission

amended by(Interim) Act. (a) deleting the full stop appearing at the end ofparagraph (0)

and substituting therefor a semi-colon; and

(b) inserting next after paragraph(0), the following

"(P) to receive applications of political parties for registration;

(q) to issue certificate of registration to political parties;

(r) to direct the making of am<mdments to the Register ofPolitical Parties;

(s) to receive the annual reports and statements of accounts ofregistered political parties;

(t) to cause audits ofthe accounts, ofa registered political party to be done where it appears to be necessary;

(u) to make payments to registered political parties that qualify for state funding out of funds allocated by Parliament for that pwpose;

(v) to do such other things as will ensure the proper registration, funding and supervision of the conduct of registered political parties.".

Passed in the House ofRepresentatives this 14th day ofOctober 2014 with eight (8}amendments.

MICHAEL A. PEART

Speaker.

Passed in the Senate this 5th day ofDecember 2014 with six (6) amendments.

FLOYD E. MORRIS

President.

Page 32

The Representation ofthe People (Amendment) (No. ] 33 Act, 2014

On the 9th day ofDecember, 2014 the House ofRepresentatives agreed to the amendments by the Senate.

LLOYD B. SMITH

Deputy Speaker. -'

This printed impression has been carefully compared by me with the authenticated impression of the foregoing Act, and has been found by me to be a true and correct printed copy ofthe said Act.

rrtJd,1 IIe:. ~ke"-""'-Clbk to the Houses ofParliament.

Page 33

THE POLITICAL PARTIES

REGISTRATION

REGULATIONS, 2017

Page 34

THE REPRESENTATION OF THE PEOPLE ACT

_____________


_____________

In exercise of the powers conferred upon the Electoral Commission of Jamaica

by section 104 (1A) of the Representation of the People Act, the following Regulations

are made:-

Citation. 1. These Regulations may be cited as the Political Parties

Registration Regulations, 2017.

Interpretation. 2. In these Regulations, unless the context otherwise requires -

“authorized representative", in relation to a political party,

means the person named in the application for registration

of the political party for the purposes of section 52D(2)(b)

(iii) as the authorized representative;

“Commission” means the Electoral Commission of Jamaica;

“electronic format”, in relation to communication, means

communication which is transmitted or displayed

electronically;

“financial year” means the period of twelve months ending on

the 31stday of March in each year;

"President" or "Leader", in relation to a political party, means

Page 35

2

the person duly elected or otherwise appointed to lead and

direct the affairs of the political party;

“Registrar” means the Registrar of Political Parties appointed

under section 52X(1) of the Act;

"Register of Political Parties" means the register kept and

maintained under section 52Y(1) of the Act;

"registered political party" means a political party registered

under section 52M.

Application for

registration.

First Schedule.

Form 1.

3. An application for registration of a political party under

section 52D of the Act shall be delivered in duplicate to the

Registrar, in the form set out as Form 1 in the First Schedule.

Page 36

3

Documents in

support of

application.

Form 2.

Attachment “A”.

Form 2.

4. - (1) A declaration made under the Voluntary Declarations

Act pursuant to paragraph 1 of the Seventh Schedule to the Act in

support of an application under section 52D of the Act shall be

submitted in duplicate to the Commission in the form set out as

Form 2 in the First Schedule.

(2) A certificate by the General Secretary of a political

party stating the names and contact details of persons holding

each of the offices recognized in accordance with the rules of the

party shall be submitted with Form 2, in duplicate to the

Commission, in the form set out as Attachment “A” to Form 2 in

the First Schedule.

Attachment “B”.

Form 2.

Attachment “C”.

Form 2.

(3) A declaration signed by five hundred electors stating

their names, Registration Record Card numbers and addresses

shall be submitted with Form 2, in duplicate to the Commission,

in the form set out as Attachment “B” to Form 2 in the First

Schedule.

(4) A statement from the auditor referred to in paragraph

1 of the Seventh Schedule to the Act, confirming the acceptance

of the appointment as auditor of a registered political party shall

be submitted with Form 2, in duplicate to the Commission, in the

Page 37

4

form set out as Attachment “C” to Form 2, in the First Schedule.

Political Code

of Conduct.

First Schedule.

Form 3.

5. A declaration, jointly executed by the President or Leader,

Chairman and General Secretary of the registered political party

to be bound by the provisions of this Act and any political code of

conduct prescribed under this Act, or any other enactment, shall

be submitted in duplicate to the Commission in the form set out as


Provisional

certificate of

registration.

Form 4.

6. A provisional certificate of registration under section 52D (3)

of the Act shall be in the form set out as Form 4 in the First

Schedule.

Certificate of

registration.

Form 5.

7. – (1) The certificate of registration of a registered political

party under section 52M of the Act shall be in the form set out as


(2) Upon the grant of a certificate of registration, the

certificate of provisional registration shall be invalid.

Application for

voluntary

deregistration.

Form 6.

8. An application for voluntary deregistration of a registered

political party shall be in the form set out as Form 6 in the First

Schedule.

Register of

parties and

registration

9. – (1) The register of a registered political party shall be

maintained in a form set out as Form 7 in the First Schedule.

Page 38

5

of documents.

Form 7.

Second Schedule.

(2) The register of a registered political party and a copy

of every document lodged with the Registrar for the purposes of

the registration of a political party, or the renewal of the

registration of a political party, or the cancellation of the

registration of a registered political party, shall be kept for

inspection by the public at the office of the Electoral Commission

of Jamaica free of charge during office hours, or be accessible

electronically.

(3) The Registrar shall furnish a copy of a document

referred to in paragraph (2) to any person applying for it after that

person has paid the fee prescribed in the Second Schedule.

Annual

declaration of

existence.

First Schedule.

Form 8.

10. A registered political party shall, before the last day of

January, in each successive year, following its initial registration,

submit to the Registrar a written declaration, made by the

President or Leader and the authorized representative of the

political party, in the form set out as Form 8 in the First Schedule.

Notification and

approval of

alteration.

11. – (1) An application by a registered political party to make

any change or alteration to the name, identifying symbol, slogan

or colour associated with the party shall be made in duplicate in

Page 39

6

Form 9.

the form set out as Form 9 in the First Schedule.

(2) An application to the Registrar under paragraph (1)

shall be accompanied by a copy of the minutes of the meeting at

which the resolution to effect the change was passed and be duly

certified as a true copy by the President or Leader and the

authorized representative of the political party.

New certificate

on change of

name.

Form 10.

12. Where the name of a registered political party is changed,

the Registrar shall issue a new certificate of registration upon the

original certificate being surrendered to him, unless its absence is

accounted for to the satisfaction of the Registrar by way of a

voluntary declaration in the form set out as Form 10 in the First

Schedule.

Notice of change

of location of

head office or

postal address.

First Schedule.

Forms 11 and

12.

13. – (1) Where a registered political party changes the

location of its head office or changes its postal address, it shall,

within fourteen days of the change, notify the Registrar in writing,

or by electronic format.

(2) A notice in writing under paragraph (1) shall be in

duplicate in the form set out as Form 11or Form 12, as the case

may be, in the First Schedule.

Page 40

7

Notice of

deregistration

of registered

political party.

Form 13.

14. A notice of proposal to deregister a registered political party

shall be in the form set out as Form 13 in the First Schedule.

Annual

financial

report.

Form 14.

15. Every registered political party shall submit to the Registrar,

not less than six months after the end of the financial year, a copy

of the annual financial report in the form set out as Form 14 in the

First Schedule.

Notices to be

signed by office

holders.

16. Every notice, application, statement or other document

required under the Act or these Regulations to be furnished or

sent to the Registrar shall be signed by at least two office holders

of the political party.

Notices by

Registrar to be

sent by registered

post.

17. Any notice which the Registrar is required under these

Regulations to give to any registered political party shall be

deemed to have been given to the registered political party, if sent

by registered post, to the postal address of the registered political

party, for the attention of the President or Leader and the

authorized representative of the political party.

Offences and

penalties.

18. Any person who knowingly makes a false statement or

knowingly furnishes false particulars in any application or other

document required by these Regulations commits an offence and

Page 41

8

shall be liable on summary conviction in a Parish Court, to a fine

not exceeding one million dollars or to imprisonment for a term

not exceeding six months, or to both the fine and imprisonment.

Appeal against

decision of the

Commission not

to register a

political party.

19. An appeal against a decision of the Commission not to

register a political party under section 52I of the Act shall –

(a) be by notice in writing and signed by the President or

Leader and authorized representative of the political

party; and

(b) fully set out the grounds of appeal.

Fees.

Second Schedule.

20. There shall be payable in respect of the certificates and other

forms of authorization and services provided by the Commission

that are referred to in Column 1 of the Second Schedule, the fees

specified in Column 2 of the Second Schedule.

Page 42

FIRST SCHEDULE (Regulations 3, 4, 5, 6, 7(1),

8, 9(2), 10, 11, 12, 13(1),

13(2), 14 and 15)

FORM 1

JAMAICA


________


________

APPLICATION FOR REGISTRATION OF A POLITICAL PARTY

(under section 52D (1))

Application No.: ……………...………..

Date of Application:

………………………………………….

To: The Chairman

Electoral Commission of Jamaica

Through the Registrar of Political Parties

…………………………………..............................

…………………………………………………..…

……………………………………………..……… (Address)

We, ……………………………………………….………………., (name of the President or Leader) and

……………………………………………….…..............(name of one other authorized representative) of

………………………………………………………….………..(name of political party) that proposes to

operate or function as a registered political party under the Representation of the People Act (called the

"applicant party") JOINTLY APPLY to the Commission for registration of the applicant party as a

registered political party.

Page 43

1. NAME OF THE APPLICANT PARTY AS STATED IN ITS CONSTITUTION

(1). Name of the applicant party as stated in its constitution:

(2). Previous name (List any other name under which the applicant party has operated):

N/A □

(3). Any other name by which the applicant party will be known (For example, an acronym or an

abbreviated name):

N/A □

2. YOUR POLITICAL PARTY’S ADDRESS

…………………………………………………………………………………………….…………………………

……………………………………………………………………………………………………………………….

……………………………………………………………………………………………………………………….

3. ADDRESS OF YOUR POLITICAL PARTY’S WEBSITE:

4. YOUR POLITICAL PARTY’S CONSTITUTION:

Tick as applicable

Legal form

Type of constitution or governing document

1. Company Memorandum and articles of association or articles of

incorporation*

2. Body corporate other than

company Charter, statute or other like instrument by which it is established

3. Unincorporated association Constitution

4. Trust Deed of trust (trust deed )

5. Statutory corporation Act of Parliament or Royal Charter

6. Other (specify below) Other (specify below)

*as originally framed and as altered by special resolution

Page 44

5. MAIN ACTIVITIES OF THE PARTY:

……………………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………………

6. DELIVERY OF ACTIVITIES of the party:

……………………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………………….

7. SLOGAN of the party, if any:

………………………………………………………………………………………………………………………

………………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………….

8. LOGO of the party, if any:

Page 45

9. COLOURS of the party, if any:

……………………………………………………………………………...........................................................

10. ADDRESS OF THE HEAD OFFICE OF THE APPLICANT PARTY WHERE RECORDS ARE

MAINTAINED AND TO WHICH COMMUNICATIONS MAY BE ADDRESSED:

……………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………

11. NAME AND CONTACT DETAILS OF THE PRESIDENT/LEADER OF THE APPLICANT PARTY:

Name: Title Mr./Mrs./Miss……………..…Surname.......................................................................................

First and Middle Names........................................................................................................................................

Address..................................................................................................................................................................

................................................................................................................................................................................

Telephone number (........)....................................................................................................................................

Cell number (.................).....................................................................................................................................

Fax number (.................)......................................................................................................................................

E-mail address......................................................................................................................................................

12. The following person has been nominated to be designated as the authorized representative of the applicant

party:

Name: Title Mr./Mrs./Miss……………..…Surname.........................................................................................

First and Middle Names.........................................................................................................................................

Address………………………………..................................................................................................................

................................................................................................................................................................................

Telephone number (........).......................................................................................................................................

Cell number (.................)........................................................................................................................................

Fax number (.................).........................................................................................................................................

E-mail address.........................................................................................................................................................

Signature:

Position in the political party

Page 46

13. NAME AND CONTACT DETAILS OF THE APPOINTED AUDITOR OF THE APPLICANT

PARTY:

Name: Title Mr./Mrs./Miss……………..…Surname.............................................

First and Middle Names............................................................................................

Address......................................................................................................................

Telephone number (.......).........................................................................................

Cell number (.................).........................................................................................

Fax number (.................)..........................................................................................

E-mail address.........................................................................................................

14. ACCOMPANIMENTS

We submit in support of this application the following –

Tick if submitted

□ two copies of the constitution of the applicant party which shall contain provisions with respect to

the matters referred to in the Sixth Schedule to the Act;

□ the documents and information referred to in the Seventh Schedule to the Act; and

□ the prescribed fee.

15. SIGNATURE AND DECLARATION

Declaration

We certify that the information submitted in this application is correct, to the best of our

knowledge and belief.

We confirm that the information provided has been approved by the applicant party and we

are authorized to submit this information.

(President/Leader):

Signature:…………………………………………………………….………...

Name: ………………………………………………………………………….

Date:…………………………………………………………………..……..…

Page 47

(Authorized Representative):

Signature:--------------------------------------------------------------------

Name:------------------------------------------------------------------------

Date:………………………..……………………………………....

Stamp or seal of the applicant party:-------------------------------------------

FOR OFFICIAL USE ONLY

Date Application was received by the Commission ______/_______/________

(dd/mm/yyyy)

Checked by: Mrs. /Mr. Ms._____________________________________________________

Forms completed: Yes □ No □

Attachments submitted: Yes □ No □

Constitution Yes □ No □

Audited financial statements (where applicable) Yes □ No □

Date application forwarded to Commission _____/_______/_________

(dd/mm/yyyy)

Date response received from Commission ______/______/__________

(dd/mm/yyyy)

Provisional registration granted: Yes □ No □

Page 48

If no, reason:

…………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………

Date political party advised: _____/______/______

(dd/mm/yyyy)

Registration Certificate No: ______________________________

Date certificate of approval was issued _____/______/_________

(dd/mm/yyyy)

Page 49

FORM 2 (Regulation 4)

JAMAICA


__________


__________

VOLUNTARY DECLARATION OF (PRESIDENT OR LEADER AND

AUTHORIZED REPRESENTATIVE OF THE APPLICANT PARTY) IN SUPPORT OF APPLICATION TO

REGISTER POLITICAL PARTY

(under section 52D)

IN THE MATTER of an application

by............................................................................................... (name of President or Leader) and

………………………………………………………….................… (another Authorized Representative of the applicant party)

to obtain a Certificate of Registration of

…………………………………………………………...….... (name of applicant party)

from the Electoral Commission of Jamaica

AND

IN THE MATTER of an application for registration of a political party

AND

IN THE MATTER of the REPRESENTATION OF THE PEOPLE ACT

We, ………………………………………………….…………………………………….... and

……………………………………………………….…………………………….…… (State the names of President or Party Leader and another Authorized Representative of the applicant party)

Page 50

do solemnly and sincerely declare as follows:-

1. That we reside and have our true place of abode and postal address at

……………………………………………………………………………………………………………….and

…………………………………………………………………………………………..…………………...

(address of the President/Party Leader and address of the Authorized Representative) respectively.

2. We are the President or Leader and another authorized representative of the applicant party, respectively,

and we are authorized to make this declaration on behalf of the applicant party.

3. The name of the political party as stated in its constitution is-

………………..…………………………………………………………………………………………..….

(Specify full name of the applicant party.)

4. The colour(s) of the political party is/are:

…………………………………………………………………………………………………………….…

(Specify colour(s) of the applicant party.)

or

5. The applicant party does not have any colours. ………

6. The address of the head office of the applicant party where records are maintained and to which

communications may be addressed is –

…………………………………………………………………………………………………………………

…………………………………………………………………………………………………………………

(Specify address of the head office of the applicant party where records are maintained and to which

communications may be addressed).

7. We attach marked “A” a certificate by the General Secretary of the applicant party stating the names and

contact details of persons holding each of the offices recognized in accordance with the rules of the party.

8. The name and contact details of the appointed auditor of the applicant party are as follows:

……………………………………………………………………………………………………………………..

…………………………………………………………………………..…………………………………………

……………………………………………………………………………………………………………………..

…………………………………………………………………………………………………………………….. (specify name and contact details of the appointed auditor of the applicant party)

and we attach marked “C” a statement from the auditor confirming the acceptance of the appointment as

auditor of the applicant party.

Page 51

9. We attach marked “B” a list of the names and addresses of the five hundred electors who have signed the

declaration pursuant to paragraph 2 of the Seventh Schedule to the Representation of the People Act.

10. (i). The applicant party has / does not have a slogan.

(ii). The applicant party has / does not have a logo.

11. (i). The slogan of the applicant party is: ………..…………………………………………….……………

(Specify slogan).

(ii). We attach marked “A” the logo of the applicant party.……………………………….…………..……

12. (Insert such other relevant information as may be reasonably required by the Commission in order to

substantiate the information referred to in the preceding paragraphs)

AND WE MAKE THIS SOLEMN DECLARATION conscientiously believing the

same to be true and by virtue of the Voluntary Declarations Act.

TAKEN AND ACKNOWLEDGED by …………………………………………..………………………….

(President /Party Leader)

at …………………………………………………………………………………………………….….. (address)

in the parish of ……………………..…………… this …….. day of ……………….., 201__

before me -

_______________________________________

JUSTICE OF THE PEACE

for the Parish of …………………………..……

TAKEN AND ACKNOWLEDGED by …………………………………………..………………………….

(Authorized Representative)

at …………………………………………………………………………………………………….….. (address)

in the parish of ……………………..…………… this …….. day of ……………….., 201__

before me -

_______________________________________


for the Parish of …………………………..……

Page 52

Attachment A (Regulation 4)

FORM 2

JAMAICA


___________

The Political Parties Registration Regulations, 2017,

___________

CERTIFICATE STATING THE NAMES AND CONTACT

DETAILS OF PERSONS HOLDING RECOGNIZED

OFFICES IN APPLICANT PARTY

(under section 52D)

I, ………………………………………………………………………………………, the General Secretary of (name),

………………………………………………………………………………………………………………..…. (name of applicant party)

CERTIFY that the names and contact details of persons holding each of the offices recognized in accordance

with the rules of the ……...................................................................................................................................... (name of applicant party)

are as follows –

1. NAME AND CONTACT DETAILS OF THE NATIONAL CHAIRMAN OF THE APPLICANT

PARTY:

Name: Title Mr./Mrs./Miss………………….…Surname..................................................................................


Position held in party: ............................................................................................................................................

Address...................................................................................................................................................................

Telephone number (.......).......................................................................................................................................

Cell number (.................).......................................................................................................................................

Fax number (.................)........................................................................................................................................

E-mail address........................................................................................................................................................

2. NAME AND CONTACT DETAILS OF THE PRESIDENT/ LEADER OF THE APPLICANT PARTY:




Address...................................................................................................................................................................

Page 53


Cell number (.................).......................................................................................................................................

Fax number (.................)........................................................................................................................................

E-mail address........................................................................................................................................................

3. NAME AND CONTACT DETAILS OF THE GENERAL SECRETARY OF THE APPLICANT

PARTY:




Address...................................................................................................................................................................


Cell number (.................).......................................................................................................................................

Fax number (.................)........................................................................................................................................

E-mail address........................................................................................................................................................

4. NAME AND CONTACT DETAILS OF THE CHIEF FINANCIAL OFFICER OF THE APPLICANT

PARTY:


First and Middle Names..........................................................................................................................................


Address...................................................................................................................................................................


Cell number (.................).......................................................................................................................................

Fax number (.................)........................................................................................................................................

E-mail address........................................................................................................................................................

5. NAME AND CONTACT DETAILS OF THE AUTHORIZED OFFICER OF THE APPLICANT

PARTY:




Address...................................................................................................................................................................

Telephone number (...............)...............................................................................................................................

Cell number (.................).......................................................................................................................................

Fax number (.................)........................................................................................................................................

E-mail address........................................................................................................................................................

Page 54

6. NAME AND CONTACT DETAILS OF ANYOTHER PERSON DESIGNATED AS AN OFFICER OF

THE APPLICANT PARTY:




Address...................................................................................................................................................................

Telephone number (.... ..).......................................................................................................................................

Cell number (.................).......................................................................................................................................

Fax number (.................)........................................................................................................................................

E-mail address........................................................................................................................................................

7. NAME AND CONTACT DETAILS OF EACH MEMBER OF THE EXECUTIVE COMMITTEE OF





Address...................................................................................................................................................................


Cell number (.................).......................................................................................................................................

Fax number (.................)........................................................................................................................................

E-mail address........................................................................................................................................................

8. NAME AND CONTACT DETAILS OF THE MEMBERS OF EVERY STANDING COMMITTEE OF





Address...................................................................................................................................................................

Telephone number (.......)..................................................................……….……………………………………

Cell number (.................).......................................................................................................................................

Fax number (.................)........................................................................................................................................

E-mail address........................................................................................................................................................

Name of General Secretary: ….…….……………………………….....

Signature of General Secretary: ………………………………………

Date: …………………………………………………………………….

Page 55

Attachment B (Regulation 4) Form 2

JAMAICA

REPRESENTATION OF THE PEOPLE ACT

_____________

Political Parties Registration Regulations, 2017

_____________

DECLARATION BY ELECTORS

(Pursuant to section 52D)

We, the undersigned qualified electors under the Representation of the People Act,

DO SOLEMNLY AND SINCERELY SEVERALLY DECLARE as follows:-

1. That we reside and have our true place of abode and postal address at the addresses specified below,

respectively.

2. We are members of the ….…………………………………………………………………………….…..

(Specify name of applicant party).

3. We reside in the constituency indicated beside our signature.

4. We have each signed this petition only once.

AND WE MAKE THIS SOLEMN DECLARATION conscientiously believing the same to

be true and by virtue of the Voluntary Declarations Act.

No. Name of Elector

Surname, First

Name

Number of

Elector

Identification

Registration

Card

Address of Elector

e.g. Street Address, Area,

Postal Zone, Parish,

District , Post Office, Zip

code, Country

Area code

and

Telephone

Number

of Elector

Date on

which

Declaration

is Signed

Constituency Signature

of Elector

Page 56

No. Name of Elector

Surname, First

Name

Number of

Elector

Identification

Registration

Card

Address of Elector




code, Country

Area code

and

Telephone

Number

of Elector

Date on

which

Declaration

is Signed


of Elector

Page 57

No. Name of Elector

Surname, First

Name

Number of

Elector

Identification

Registration

Card

Address of Elector




code, Country

Area code

and

Telephone

Number

of Elector

Date on

which

Declaration

is Signed


of Elector

Page 58

No. Name of Elector

Surname, First

Name

Number of

Elector

Identification

Registration

Card

Address of Elector




code, Country

Area code

and

Telephone

Number

of Elector

Date on

which

Declaration

is Signed


of Elector

Page 59

Attachment C (Regulation 4)

Form 2

JAMAICA

REPRESENTATION OF THE PEOPLE ACT

_________

Political Parties Registration Regulations, 2017

__________

STATEMENT CONFIRMING ACCEPTANCE OF THE

APPOINTMENT AS AUDITOR OF A POLITICAL PARTY

(Pursuant to section 52D)

Part I

In my capacity as President/ Leader of the ……………………………………………………………..…, (Name of Applicant Party)

I APPOINT……………………………………………………………………….……………………….. (Name of Auditor)

…………………………………………………………………………………………………………………………..

………………………………………………………………………………………………………………………….. (Address)

to be auditor of the applicant party.

Given under my hand this………………...day of …………………., 20…….

…………………………………………… Signature of President/Leader.

Part II

I,..……………………………………………………………………………………………………., (Name of Auditor)

DO CONSENT to act as Auditor of the applicant party pursuant to the Representation of the People Act.

Dated this….……………… day of ………………….….., 20…..…

……………………………………………………….…. Signature of Auditor

Received, registered and effective, this ………………. day of …………….... , 20……..

……………………………..…………..…. Name of Registrar

……………………………………….…… Signature of Registrar

Page 62


JAMAICA


__________

The Political Parties Registration Regulations, 2017 _________

UNDERTAKING OF A POLITICAL CODE OF CONDUCT ON

THE REGISTRATION OF A POLITICAL PARTY

(under Section 52D)

We, the undersigned members, in our capacity as the President or Leader, Chairman and General

Secretary of the …….…………………………………........................................................................, (name of political party)

hereby undertake to be bound by the provisions of this Act and any political code of conduct

prescribed under this Act or any other enactment.

Dated this……….day of………………20…….

_________________________________________

(Name of President / Leader)

_________________________________________

(Name of Chairman)

_________________________________________

(Name of General Secretary)

Stamp or seal of the party: -----------------------------------------

Page 63


JAMAICA


____________


___________

PROVISIONAL CERTIFICATE OF REGISTRATION

(under section 52D (3))

Registration No. .......................

I certify that ………………...…………………………………………………………………. of (name of applicant party)

..…………………………………………… …………………………………………………. is (specify the address of the head office of the political party to which communications may be addressed)

provisionally registered as a political party under section 52D (3) of the Representation of the People Act.

Dated this ……………day of ………………………….20……

…………………………………

(Name)

Registrar of Political Parties

Page 64

2

FORM 5 (Regulation 7(1))

JAMAICA


____________


___________

CERTIFICATE OF REGISTRATION AS A POLITICAL PARTY

(under section 52M)

Registration No. ..................

I certify that …………………………………………………………... whose particulars are set (name of applicant party)

out in Part 1 of the Schedule below is registered as a registered political party under section

52M of the Representation of the People Act in accordance with the conditions specified in Part

2 of the Schedule below.

SCHEDULE

Part I

Particulars of applicant party

1. Name of applicant party…………………………………………………………………….

2. Abbreviated name of applicant party……………………………………………………….

3. Reference Number. ………………………………………………………………………...

4. Address of the head office of the applicant party where records are maintained and to

which communications may be addressed…………………………....................................

5. Any identifying slogan or logoof applicant party…………………………………………..

6. Any colour of applicant party………………………………………………………………

Part II

Conditions

Dated this ……………day of ………………………….20……

…………………………………

(Name)

Registrar of Political Parties Page 65

3


JAMAICA


__________


___________

APPLICATION FOR VOLUNTARY DEREGISTRATION

(under section 52O)

To: The Chairman



(address)

Name of Registered Political Party

________________________________________________________________

Address:

We, the President or Leader and the authorized representative of the (name of registered

political party), APPLY FOR THE DEREGISTRATION of the party as a registered political

party:

Dated this……….day of…………………………20….

_______________________________________________

Name of President or Leader

_______________________________________________

Name of authorized representative

Page 66

4

FORM 7 (Regulation (9(2))

JAMAICA


__________


__________

REGISTER OF POLITICAL PARTIES

(under section 52Y)

FOLIO No. ………

A. Name of Political Party …………………………… File No…………..….………

B. Postal Address of Political Party ……………………………………………..……

C. Address of Head Office of Political Party ……………………………………….…

D. Particulars of Provisional Registration.

Date of receipt of

application for

provisional

registration

Date when

application

refused

Date when

application

granted

Certificate Serial

No.

Date of issue

E. Particulars of Registration of Political Party:

Certificate of registration

serial No.

Date of issue Date of cancellation

Page 67

5

i. the name of the political party as stated in its constitution;

ii. any slogan and logo of the political party;

iii. the colours of the political party, if any;

iv. the address of the head office of the political party where records are maintained and to

which communications may be addressed;

v. the names and contact details of persons holding each of the offices recognized in

accordance with the rules of the party;

vi. the name and contact details of the appointed auditor of the political party.

F. Change of name of Political Party:

1. New name ………………………………………………………………

2. Date of change of name ………………………………………………....

G. Change of constitution /Rules (date) ……………………………………………

Dated this ………………day of ………………………….………20…….

Page 68

6


JAMAICA


_________


_________

VOLUNTARY DECLARATION OF CONTINUED EXISTENCE

AS A POLITICAL PARTY

We, AB and CD (state names of President/Party Leader and another authorized

representative of the applicant party)), do solemnly and sincerely declare as follows:-

1. That we reside and have our true place of abode and postal address at (address of

AB and address of CD), respectively, we are a (n) ___ and a (n) ___ (occupation of AB

and CD), respectively.

2. We are the President/ Party Leader and another authorized representative of the

applicant party, respectively, and we are authorized to make this declaration on behalf of

the political party.

3. The party has not been dissolved and continues to operate as a political party.

4. The particulars of our registration are as follows: (specify date of last registration

and registration number)

5. Our officers and Executive Committee members are as follows:

Name of Officer(s) Position held

Page 69

7

6. The members of the Executive Committee (or members of party with equivalent status)

are:

Name of Member Address of Member Position held

AND WE MAKE THIS SOLEMN DECLARATION conscientiously believing the

same to be true and by virtue of the Voluntary Declarations Act.

TAKEN AND ACKNOWLEDGED by AB )

At (address) ) ____________________

in the parish of ) AB

this day of , 201__ )

before me -

______________________________


for the Parish of

TAKEN AND ACKNOWLEDGED by CD )

at (address) ) _____________________

in the parish of ) CD

this day of , 201__ )

before me -

______________________________


for the parish of

Page 70

8


JAMAICA


_________


__________

APPLICATION FOR APPROVAL TO CHANGE OR

ALTER THE NAME; IDENTIFYING SYMBOLS

OF A REGISTERED POLITICAL PARTY

(under section 52AA)

To: The Chairman



(address)


political party)

□ APPLY FOR APPROVAL TO CHANGE OR ALTER THE NAME of the

registered political party to

………………………….. (specify new name of registered political party)

□ APPLY FOR APPROVAL TO CHANGE the following slogan (symbol or

motto) or logo or colour of the registered political party -

□ Slogan □ Symbol

□ Logo □ Motto

□ Colour

Page 71

9

(please append new slogan (symbol or motto) or logo or colour of the

registered political party)

Dated this……….day of…………………………20….

_______________________________________________


_______________________________________________


Page 72

10


JAMAICA


___________


___________

CERTIFICATE OF REGISTRATION ON THE

CHANGE OF NAME OF A REGISTERED

POLITICAL PARTY

Registration No. .............

I certify that ……………………………… (name of applicant party) whose particulars are set

out in Part 1 of the Schedule, were previously registered as ………….……………………

(former name of applicant party), and held registration certificate number (serial number of

nullified registration certificate) under section 52M of the Representation of the People Act.

In recognition of ……………………………………… (former name of applicant party).

change of name to …………………………….……….(name of applicant party), a new

certificate of registration, numbered (serial number of new certificate of registration) is

issued, in recognition of the particulars set out in Part 1 of the Schedule under section 52M

of the Representation of the People Act and in accordance with the conditions specified in

Part 2 of the Schedule.

Page 73

11

SCHEDULE

PART 1

Particulars of Applicant Party

1. Name of applicant party.

2. Abbreviated name of applicant party.

3. Reference number.

4. Address of the head office of the applicant party where records are maintained and to

which communications may be addressed.

5. Any identifying slogan or logo of applicant party.

6. Any colour of applicant party.

PART 2

Conditions

Dated this ……………day of ………………………….20……

……………………………………

(Name)

Registrar of Political Parties

Page 74

12

FORM 11 (Regulation (13(1)

JAMAICA


________


________

NOTICE OF CHANGE OF LOCATION OF

HEAD OFFICE OF A REGISTERED POLITICAL PARTY

To: The Chairman



(address)

We, the President or Leader and another the authorized representative of the (name of registered

political party) GIVE NOTICE that the location of the head office of the registered political

party was on the ……………….. day of……..20…… changed from ………………………to

………………………

Dated the day of , 20……

_______________________________________________


_______________________________________________


Page 75

13


JAMAICA


_______


_______

NOTICE OF CHANGE OF POSTAL

ADDRESS OF A REGISTERED POLITICAL PARTY

To: The Chairman



(address)


political party) GIVE NOTICE that the postal address of the registered political party was on

the ………….. day of…………………………20 ………..

CHANGED to ……………………………………………………………………………


_______________________________________________

Name of President or Leader/

_______________________________________________


Page 76

14


JAMAICA


________


________

NOTICE OF PROPOSAL TO DEREGISTER

A REGISTERED POLITICAL PARTY

(under section 52Q)

Registration No. .............

To: The President or Leader

Name of registered political party

(Address of the head office of the registered political party where records are maintained

and to which communications may be addressed)

Authorized representative

Name of registered political party

(Address of the head office of the registered political party where records are maintained

and to which communications may be addressed)

WHEREAS the Electoral Commission of Jamaica under section 52M of the

Representation of the People Act registered the applicant party as a registered political party:

AND WHEREAS the Commission is satisfied that the registered political party has

contravened section 52P of the Act on one or more of the grounds specified in the Schedule:

YOU ARE NOTIFIED that the Commission proposes to deregister the registered

political party until such time as the Commission is satisfied that the breach has been remedied

to the satisfaction of the Commission.

Page 77

15

You may within thirty days of receiving the notice from the Commission, file a written

objection to the proposed deregistration under section 52Q (1).

Where the registered political party files a written objection to its proposed

deregistration, the Commission shall provide an opportunity for the President or Leader and the

authorized representative of the political party to meet with the Commission for the purpose of

challenging the grounds for the proposed deregistration in accordance with section 52S.

You may avoid deregistration by rectifying the breach specified in this notice within

sixty days of receiving this notice where possible in accordance with section 52R.

Dated this………day of………………20 …………

…………………………………….

(Name)

Chairman of Commission

…………………………………….

(Name)

Authorized member of Commission

Page 78

16


JAMAICA


__________


__________

RETURN OF ANNUAL ACCOUNTS OF A POLITICAL

PARTY FOR THE YEAR ENDING …………20 …….

(under section 52AE)

To: The Chairman



(address)


political party) submit a copy of the audited statement of accounts for the year ended

…………… and the auditor’s report on those accounts.


_______________________________________________

Name of President or Leader/

_______________________________________________


Page 79

SECOND SCHEDULE

Fees

Column 1

(Regulations 9 and 20)

Certificate and Services

1. On application for registration (non-refundable)

2. On application for a copy of any certificate or fileddocument

3. On application for a certified extract from the register.register

Dated this 7th day of March, 2017.

THE ELECTORAL COMMISSION OF JAMAICA

COMMISSIONERS

MR. PAUL BURKE

Column2

Fee

$50,000.00

$5,000.00

$1,000.00

DR. DONALD KEITH DUNCAN

MR.EARLJARRE TT,CD

SENATOR THOMAS TAVARES-FINSON CD, QC

MR. AUNDRE FRANKLIN

PROFESSOR ALVIN G. WINT, CD

THE HONOURABLE JUSTICE KARL HARRISON, CD

THE HONOURABLE MRS. DOROTHY PINE-MCLARTY, OJ

Chairman

DIRECTOR OF ELECTIONS

MR. 0RRETTE FISHER, JP

Page 80