Requirement to issue reasoned decision

Electoral Act 1998, 30

TheCommission must decide the objection, and must notify the objector and theregistered party that nominated the candidate of the decision in the prescribedmanner by not later than the relevant date stated in the election timetable.

(4)The objector, or the registered party who nominated the candidate, may appealagainst the decision of the Commission to the Electoral Court in the prescribedmanner and by not later than the relevant date stated in the electiontimetable.

(5)The Electoral Court must consider and decide the appeal and notify the partiesto the appeal and the chief electoral officer of the decision in the prescribedmanner and by not later than the relevant date stated in the electiontimetable.

(6)If the Commission or the Electoral Court decides that a candidate’s nominationdoes not comply with section 27, the

Commissionor the Electoral Court may allow the registered party an opportunity to complywith that section, including an opportunity to substitute a candidate and tore-order the names on the list as a result of that substitution.

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Electoral Commission Act 1996, 16(4)

(4)In considering such an appeal against the refusal to register a party in termsof subsection (1) (a) the Commission—

(a) shall take into account the factthat the party which is associated with the name, abbreviated name,distinguishing

markor symbol, as the case may be, for the longest period, should prima facie be entitled thereto;

(b) may, for the purposes of paragraph(a)—

(i)afford the parties concerned an opportunity to offer such proof, including oralevidence or sworn or affirmed statements by any person which, in the opinion ofthe Commission, could be of assistance in the expeditious determination of thematter; and

(ii)Administer an oath or affirmation to any person appearing to testify orallybefore it.

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