Journal der 1129. Plenarsitzung des Ständigen Rates
A referendum is to be held on whether the United Kingdom should remain a member of the European Union.
The Secretary of State must, by regulations, appoint the day on which the referendum is to be held.
The day appointed under subsection (2)—
must be no later than 31 December 2017,
must not be 5 May 2016, and
must not be 4 May 2017.
Should the United Kingdom remain a member of the European Union or leave the European Union?
Remain a member of the European Union Leave the European Union
In Wales, there must also appear on the ballot papers—
A ddylai'r Deyrnas Unedig aros yn aelod o'r Undeb Ewropeaidd neu adael yr Undeb Ewropeaidd?
Aros yn aelod o'r Undeb Ewropeaidd Gadael yr Undeb Ewropeaidd
Those entitled to vote in the referendum are—
the persons who, on the date of the referendum, would be entitled to vote as electors at a parliamentary election in any constituency,
the persons who, on that date, are disqualified by reason of being peers from voting as electors at parliamentary elections but—
would be entitled to vote as electors at a local government election in any electoral area in Great Britain,
would be entitled to vote as electors at a local election in any district electoral area in Northern Ireland, or
would be entitled to vote as electors at a European Parliamentary election in any electoral region by virtue of section 3 of the Representation of the People Act 1985 (peers resident outside the United Kingdom), and
the persons who, on the date of the referendum—
would be entitled to vote in Gibraltar as electors at a European Parliamentary election in the combined electoral region in which Gibraltar is comprised, and
fall within subsection (2).
A person falls within this subsection if the person is either—
a Commonwealth citizen, or
a citizen of the Republic of Ireland.
In subsection (1)(b)(i) “local government election” includes a municipal election in the City of London (that is, an election to the office of mayor, alderman, common councilman or sheriff and also the election of any officer elected by the mayor, aldermen and liverymen in common hall).
Part 7 of the 2000 Act (general provision about referendums) applies to the referendum but see also—
Schedules 1 and 2 (which make, in relation to the referendum, further provision about campaigning and financial controls, including provision modifying Part 7 of the 2000 Act), and
Schedule 3 (which makes further provision about the referendum, including provision modifying Part 7 of the 2000 Act).
The Minister may by regulations—
make provision about voting in the referendum and otherwise about the conduct of the referendum, which may include provision corresponding to any provision of Schedules 2 and 3 to the 2011 Act (with or without modifications);
apply for the purposes of the referendum, with or without modifications— including provisions creating offences;
any provision of the 1983 Act, or
any other enactment relating to elections or referendums,
further modify the 2000 Act for the purposes of the referendum;
modify or exclude any provision of any other enactment (other than this Act) that applies to the referendum.
The Minister may by regulations make provision for and in connection with the combination of the poll for the referendum with any one or more of the following— Regulations under this subsection may amend or modify any enactment (but may not alter the date of the poll for any such election or other referendum).
the poll for any election specified in the regulations;
the poll for any other referendum specified in the regulations.
The reference in subsection (2) to any enactment includes— but does not include any other provision of this Act.
the definition of “counting officer” in section 11(1),
section 11(2), and
Schedule 3,
The Minister may by regulations make such amendments or modifications of this Act or any other enactment as appear to the Minister to be necessary because the referendum is to be held in Gibraltar as well as the United Kingdom.
Regulations under this section may, in particular—
make provision for disregarding alterations in a register of electors;
make provision extending or applying to (or extending or applying only to) Gibraltar or any part of the United Kingdom;
make different provision for different purposes.
Before making any regulations under this section, the Minister must consult the Electoral Commission.
Consultation carried out before the commencement of this section is as effective for the purposes of subsection (6) as consultation carried out after that commencement.
Regulations under section 4 which extend to Gibraltar may extend and apply to Gibraltar, with or without modifications, any enactment relating to referendums or elections that applies in any part of the United Kingdom.
The capacity (apart from this Act) of the Gibraltar legislature to make law for Gibraltar is not affected by the existence of— and in this Act “Gibraltar conduct law” means any provision of law made in and for Gibraltar which corresponds to any provision that has been or could be made for any part of the United Kingdom by regulations under section 4.
section 4, or
anything in any other provision of this Act which enables particular provision to be made under section 4,
Subsection (2) does not affect the operation of the Colonial Laws Validity Act 1865 in relation to Gibraltar conduct law.
The Secretary of State must publish a report which contains (alone or with other material)—
a statement setting out what has been agreed by member States following negotiations relating to the United Kingdom's request for reforms to address concerns over its membership of the European Union, and
the opinion of the Government of the United Kingdom on what has been agreed.
The report must be published before the beginning of the final 10 week period.
In this section “the final 10 week period” means the period of 10 weeks ending with the date of the referendum.
A copy of the report published under this section must be laid before Parliament by the Secretary of State.
The Secretary of State must publish a report which contains (alone or with other material)—
information about rights, and obligations, that arise under European Union law as a result of the United Kingdom's membership of the European Union, and
examples of countries that do not have membership of the European Union but do have other arrangements with the European Union (describing, in the case of each country given as an example, those arrangements).
The report must be published before the beginning of the final 10 week period.
In this section “the final 10 week period” means the period of 10 weeks ending with the date of the referendum.
A copy of the report published under this section must be laid before Parliament by the Secretary of State.
In this section—
“section 125” means section 125 of the 2000 Act (restriction on publication etc of promotional material by central and local government etc), as modified by paragraph 38 of Schedule 1, and
“section 125(2)” means subsection (2) of section 125 (which prevents material to which section 125 applies from being published by or on behalf of certain persons and bodies during the 28 days ending with the date of the poll).
The Minister may by regulations make provision modifying section 125, for the purposes of the referendum, so as to exclude from section 125(2) cases where—
material is published—
in a prescribed way, or
by a communication of a prescribed kind, and
such other conditions as may be prescribed are met.
The communications that may be prescribed under subsection (2)(a)(ii) include, in particular, oral communications and communications with the media.
Before making any regulations under this section, the Minister must consult the Electoral Commission.
Consultation carried out before the commencement of this section is as effective for the purposes of subsection (4) as consultation carried out after that commencement.
Any regulations under subsection (2) must be made not less than 4 months before the date of the referendum.
In this section—
Section 108 of the 2000 Act (designation of organisations to whom assistance is available) has effect for the purposes of the referendum with the following modifications. Subsection (2) has effect for those purposes as if for the words from “the Commission” to the end there were substituted the Commission may— For the purposes of the referendum subsections (3) and (4) are to be treated as omitted.
Accordingly, for the purposes of the referendum, section 109 of the 2000 Act (applying to become a designated organisation) has effect as if—
in subsection (4) paragraph (b) (and the “or” before it) were omitted, and
in subsection (5) paragraph (b) (and the “or” before it) were omitted.
This paragraph applies if the Electoral Commission designate only one permitted participant under section 108(2) of the 2000 Act in respect of the referendum. If this paragraph applies, section 110 of the 2000 Act (assistance available to designated organisations) has effect for the purposes of the referendum as if— That subsection is— If this paragraph applies, section 127(1) of the 2000 Act (referendum campaign broadcasts) has effect for the purposes of the referendum as if the words from “made” to the end were omitted.
any provision of, or of any instrument made under, Northern Ireland legislation, and
Section 115(7) of the 2000 Act (which applies subsections (7) to (10) of section 77 of that Act) has effect for the purposes of the referendum as if for “(10)” there were substituted “(12)”.
Section 105(2) of the 2000 Act (meaning of “responsible person”) has effect for the purposes of the referendum as if in paragraph (c) after “106(4)(b)(ii)” there were inserted “ or (c)(ii) ”.
This section does not affect the generality of section 4(1)(c).
Any power under this Act to make regulations, apart from the power of the Electoral Commission under paragraph 16(10) of Schedule 3, is exercisable by statutory instrument.
Subject to subsection (3), a statutory instrument containing regulations under this Act may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
Subsection (2) does not apply to a statutory instrument containing only regulations within subsection (4).
Regulations within this subsection are any of the following—
regulations under section 13;
regulations made by the Minister under paragraph 16 of Schedule 3.
Regulations under this Act, other than regulations under section 13 or paragraph 16 of Schedule 3, may contain supplemental, consequential, incidental, transitional or saving provision.
Section 26 of the Welsh Language Act 1993 (power to prescribe Welsh forms) applies in relation to regulations under this Act as it applies in relation to Acts of Parliament.
The following are to be paid out of money provided by Parliament—
expenditure incurred under this Act by the Minister;
any increase attributable to this Act in the sums payable under any other Act out of money so provided.
There is to be paid into the Consolidated Fund any increase attributable to this Act in the sums payable into that Fund under any other Act.
In this Act—
“voting area” has the meaning given by subsection (2).
“publish” has the same meaning as in section 125.
Section 127 of the 2000 Act (referendum campaign broadcasts) has effect for the purposes of the referendum as if any reference to a broadcaster (within the meaning given by section 37(2) of that Act) included a reference to the Gibraltar Broadcasting Corporation.
Sub-paragraph (2) applies if— In relation to the transaction mentioned in sub-paragraph (1)(a)(i) or (ii), the unauthorised person is to be regarded for the purposes of Part 4A of the 2000 Act as an authorised participant. The persons within this sub-paragraph are— In this paragraph “Gibraltar elector” has the same meaning as in the 2000 Act (see section 160(1) of that Act).
In this paragraph and paragraph 4 “Schedule 15A” means the Schedule treated as inserted by paragraph 1. The following provisions of Schedule 15A— apply to a relevant varied transaction as they apply to a regulated transaction within the meaning of Schedule 15A. Accordingly, any reference to a regulated transaction in a provision of the 2000 Act modified by paragraph 2 of this Schedule includes a relevant varied transaction. For the purposes of this paragraph and paragraph 4 a transaction is a “relevant varied transaction” if— For the purposes of sub-paragraph (4)(d) it is immaterial whether only part of the money or benefit is intended to be used as mentioned there. In this paragraph “permitted participant” has the same meaning as it has in Schedule 15A (see paragraph 1(2) of that Schedule). In sub-paragraph (4)—
Where paragraph 10 applies in relation to a transaction to which a permitted participant is a party, or from which a permitted participant derives a benefit, paragraph 2 of Schedule 6A to the 2000 Act (details to be given in quarterly reports) has effect as if—
in sub-paragraph (1) for “(10)” there were substituted “(10C)”, and
In the case of a body within paragraph 10(3)(c) of Schedule 2 to the European Union Referendum Act 2015 (body incorporated by Royal Charter) the report must give— In the case of a body within paragraph 10(3)(d) or (e) of that Schedule (charitable incorporated organisation) the report must give— In the case of a body within paragraph 10(3)(f) of that Schedule (Scottish partnership) the report must give—
Parts 2 and 3 of Schedule 15A do not apply to a relevant varied transaction (or to any other transaction which was entered into before the commencement of paragraph 1 of this Schedule or before a party to the transaction became a permitted participant).
This paragraph applies to a variation of a regulated transaction if— It does not matter for the purposes of sub-paragraph (1)(d) when the variation is entered into or when the increase takes effect or could take effect. The variation is to be treated for the purposes of sections 71I(2) to (4) of the 2000 Act as a regulated transaction in which another participant is not an authorised participant. An order made under section 71I(4) of the 2000 Act in relation to a variation to which this paragraph applies may in particular— In this paragraph—
Section 71L of the 2000 Act (offences relating to regulated transactions) has effect with the following modifications. In each of subsections (1)(a), (2)(b), (3)(a) and (4)(a), the reference to entering into a regulated transaction of a description mentioned in section 71F(2) or (3) in which another participant is not an authorised participant includes a reference to entering into a variation to which paragraph 12 of this Schedule applies. In relation to such a variation— In subsection (9), the reference to a regulated transaction with a person other than an authorised participant includes a reference to a variation to which paragraph 12 of this Schedule applies.
any provision of an Act,
For the purposes of Part 7 of the 2000 Act and this Act, the referendum period for the referendum is such period as may be prescribed by regulations made by the Minister. The period prescribed under this paragraph must be a period which—
This paragraph applies where the permitted maximum is exceeded by the aggregate value of— during the referendum period by a permitted participant that is a registered party other than a minor party. Each of the relevant donations and relevant regulated transactions falling within sub-paragraph (3) is to be treated for the purposes of Parts 4 and 4A of the 2000 Act (as modified by paragraphs 26 and 27 of this Schedule and paragraphs 10 to 13 of Schedule 2) as if— A relevant donation or relevant regulated transaction falls within this sub-paragraph— But— In this paragraph— In this paragraph—
Paragraph 8 of Schedule 15 to the 2000 Act (application of section 61 of the 2000 Act) has effect for the purposes of the referendum as if for paragraph (c) (and the “and” preceding it) there were substituted—
Section 123 of the 2000 Act (declaration of responsible person as to return under section 120) has effect for the purposes of the referendum with the following modifications. For those purposes, the following subsection is to be treated as substituted for subsection (3)— For the purposes of the referendum, the following subsection is to be treated as inserted after subsection (5)—
In this paragraph references to a permitted participant are to a permitted participant which either is not a registered party or is a minor party. In relation to the referendum, the responsible person in relation to a permitted participant must prepare reports under this paragraph in respect of— and in paragraph (a) “the commencement day” means the day on which that paragraph comes into force. The report for a period must record, in relation to each relevant donation of more than £7,500 which is received by the permitted participant during the period— If during any period no relevant donations of more than £7,500 were received by the permitted participant, the report for the period must contain a statement of that fact. A report under this paragraph in respect of a period must be delivered by the responsible person to the Electoral Commission— If, in relation to a donation made by an individual who has an anonymous entry in an electoral register, a report under this paragraph contains a statement that the permitted participant has seen evidence that the individual has such an anonymous entry, the report must be accompanied by a copy of the evidence. The Minister may by regulations modify the operation of sub-paragraphs (2) to (4) in relation to cases where an individual or body becomes a permitted participant during a period prescribed under sub-paragraph (2)(b). Regulations under sub-paragraph (5) or (7) may make different provision for different cases. The responsible person commits an offence if, without reasonable excuse, that person— A person guilty of an offence under sub-paragraph (9)(a) is liable— A person guilty of an offence under sub-paragraph (9)(b) is liable— The reference in sub-paragraph (11)(b) to 12 months is to be read as a reference to 6 months in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003. In this paragraph— Section 161 of the 2000 Act (interpretation: donations) applies for the purposes of this paragraph as it applies for the purposes of the provisions of that Act relating to donations.
any provision of, or of any instrument made under, an Act of the Scottish Parliament,
“designated organisation” means a person or body designated under section 108 of the 2000 Act (designation of organisations to whom assistance is available) in respect of the referendum;
Schedule 13 to the 2000 Act (expenses that are referendum expenses where incurred for referendum purposes) has effect for the purposes of the referendum as if in paragraph 2(a) after “public funds” there were inserted “or Gibraltar public funds”.
Paragraph 7(2) of Schedule 15 to the 2000 Act (application of sections 56 to 60 of the 2000 Act) has effect for the purposes of the referendum as if—
before paragraph (a) there were inserted—,
before paragraph (b) there were inserted—, and
at the end of paragraph (b) there were inserted ; and
For the purposes of the referendum, the following section is to be treated as inserted after section 120 of the 2000 Act (returns in respect of referendum expenses and donations)—
Section 125 of the 2000 Act (restriction on publication etc of promotional material by central and local government etc) has effect for the purposes of the referendum with the following modifications. Subsection (2) has effect for those purposes as if after paragraph (a) there were inserted—. Subsection (2)(b) has effect for those purposes as if for the words from “wholly or mainly” to the end there were substituted wholly or mainly— Subsection (3) has effect for those purposes as if after “Sianel Pedwar Cymru” there were inserted “or the Gibraltar Broadcasting Corporation”.
Where the Electoral Commission receive a report under paragraph 39 they must— The Electoral Commission must secure that the copy of the report made available for public inspection does not include, in the case of any donation by an individual, the donor’s address. At the end of the period of two years beginning with the date when any report under paragraph 39 or other document accompanying it is received by the Electoral Commission—
Section 160 of the 2000 Act (general interpretation) has effect for the purposes of the referendum as if the following subsection were inserted after subsection (4)—
In relation to the referendum, expenses mentioned in sub-paragraph (2) are not to be treated for any purpose of this Act or Part 7 of the 2000 Act as referendum expenses. Those expenses are— In sub-paragraph (2)(c) “disability” has the same meaning as in the Equality Act 2010 (see section 6 of that Act).
Section 149(2) to (5) and (7) of the 2000 Act (inspection of Commission’s documents) apply in relation to reports and documents which the Electoral Commission are required to make available for public inspection under paragraph 41 as they apply to the documents which the Electoral Commission are required to make available for public inspection by virtue of the provisions of the 2000 Act mentioned in section 149(6) of that Act.
In section 117(5) of the 2000 Act (certain expenditure incurred before the referendum period treated as incurred during that period), the reference to any time before the beginning of the referendum period is to be read for the purposes of the referendum as including any time before the day when section 3 of this Act (application of Part 7 of the 2000 Act to the referendum) is brought into force for the purposes of applying section 117 of the 2000 Act to the referendum. This paragraph has effect in relation to section 117(5) of the 2000 Act as it applies for the purposes of section 117 of that Act and as applied by any provision of that Act or of this Schedule.
“registered party” and “minor party” have the same meaning as in the 2000 Act (see section 160(1) of that Act);
The Electoral Commission must take whatever steps they think appropriate to promote public awareness about the referendum and how to vote in it. Following the referendum, the Electoral Commission must— In sub-paragraph (2) “turnout” means the percentage of those entitled to vote in the referendum who did so. The reference in sub-paragraph (3) to those entitled to vote in the referendum who did so includes any persons entitled to vote who conduct regulations or Gibraltar conduct law provides are to be treated for the purposes of sub-paragraph (3) as having voted.
For the purposes of the referendum, the Chief Counting Officer may appoint a Regional Counting Officer for any of the following regions— East Midlands; Eastern; London; North East; North West; South East; South West and Gibraltar; West Midlands; Yorkshire and the Humber; Scotland; Wales. Where— have the same name, the listed region comprises the areas specified in relation to that electoral region in that Table as they are for the time being. The South West and Gibraltar region mentioned in sub-paragraph (1) comprises the areas specified in relation to the South West region in that Table as they are for the time being. In determining for the purposes of sub-paragraph (2) or (3) what the areas are that are specified in that Table, paragraph 2(2) of Schedule 1 to the European Parliamentary Elections Act 2002 is to be ignored.
The Chief Counting Officer or a Regional Counting Officer or counting officer may appoint deputies to carry out any or all of the officer’s functions. An appointment under sub-paragraph (1) must be in writing. A Regional Counting Officer may appoint however many clerks are necessary to assist in carrying out the officer’s functions.
“registration officer” has the meaning given by section 8 of the 1983 Act;
A public notice required by or under this Act or Gibraltar conduct law to be given by the Chief Counting Officer, a Regional Officer or a counting officer must be given—
by posting the notice in some conspicuous place in the area or region for which the officer acts, or
in whatever other manner the officer thinks desirable for publicising it.
The Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) have effect for the purposes of the referendum with the following modifications. Regulation 106 (supply of full register etc to registered political parties etc and restrictions on use) has effect for those purposes as if—
If directed to do so by the Treasury, the Electoral Commission must prepare accounts in respect of their expenditure in relation to the referendum. Accounts under this paragraph must be prepared in accordance with directions given to the Commission by the Treasury. Directions under sub-paragraph (2) may include, in particular, directions as to— Accounts under this paragraph must be submitted by the Commission to— as soon may be practicable after the giving of the direction under sub-paragraph (1).
the additional information (if any) that is to accompany the accounts.
This paragraph applies to determine, for the purposes of the referendum, who is a counting officer in relation to a voting area. The counting officer for a voting area that is— is the person who, by virtue of section 35 of the 1983 Act, is the returning officer for elections of councillors of the district, county or borough. The counting officer for the City of London voting area is the person who, by virtue of that section, is the returning officer for elections of councillors of the London borough of Westminster. The counting officer for the Isles of Scilly voting area is the person who, by virtue of that section, is the returning officer for elections to the Council of the Isles of Scilly. The counting officer for a voting area that is a county or a county borough in Wales is the person who, by virtue of that section, is the returning officer for elections of councillors of the county or county borough. The counting officer for a voting area that is a local government area in Scotland is the person who, by virtue of section 41 of the 1983 Act, is the returning officer for elections of councillors of the local government area. The counting officer for the Northern Ireland voting area is the Chief Electoral Officer for Northern Ireland. The counting officer for the Gibraltar voting area is the Clerk to the Gibraltar Parliament.
The Chief Counting Officer, Regional Counting Officers and counting officers must do whatever things are necessary for conducting the referendum in the manner provided— The counting officer for a voting area is responsible, as regards that area, for— Responsibility for the printing of the ballot papers for a voting area may be taken— The Chief Counting Officer or Regional Counting Officer may direct the counting officer concerned accordingly. In the case of a region for which a Regional Counting Officer is appointed for the purposes of the referendum, the officer must certify as regards the votes cast in the region— Where two or more forms of ballot paper are used in the referendum, a separate number must be certified under paragraph (a) in relation to each form of ballot paper used. The Chief Counting Officer may give Regional Counting Officers or counting officers— A Regional Counting Officer for a region may give counting officers for voting areas within that region— A power under this paragraph of a Regional Counting Officer to give a direction to a counting officer is exercisable only in accordance with a specific or general authorisation or direction given by the Chief Counting Officer. A person to whom a direction is given under this paragraph must comply with it. This paragraph applies in addition to section 128 of the 2000 Act (as modified by this Schedule). The number of ballot papers or votes purportedly certified under this paragraph or section 128 of the 2000 Act is not liable to be questioned by reason of a defect in the title, or a lack of title, of any person purporting to exercise functions in relation to the referendum, if the person was then in actual possession of, or acting in, the office giving the right to exercise the functions.
The Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497) have effect for the purposes of the referendum with the following modifications. Regulation 105 (supply of full register etc to registered political parties etc and restrictions on use) has effect for those purposes as if—
Accordingly, section 128 of the 2000 Act (Chief Counting Officers, and counting officers, for referendums) has effect for the purposes of the referendum with the following modifications. For the purposes of the referendum subsection (3) is to be treated as omitted. Subsection (5) has effect for the purposes of the referendum as if for the words “the area for which he is appointed” there were substituted “the voting area for which the counting officer acts”. Subsection (9) has effect for the purposes of the referendum as if—
The Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741) have effect for the purposes of the referendum with the following modifications. Regulation 105 (supply of full register etc to registered political parties etc and restrictions on use) has effect for those purposes as if—
This paragraph applies to a grant under section 110(2) of the 2000 Act (grants to designated organisations) made in respect of the referendum. The grant may be paid in whatever instalments the Electoral Commission consider appropriate. Instalments may be withheld if the Electoral Commission are satisfied that the designated organisation concerned has failed to comply with a condition imposed under section 110(3) of the 2000 Act. Section 110(2) of the 2000 Act, so far as it requires the grant to be of the same amount in the case of each designated organisation, has effect in relation to the referendum subject to sub-paragraph (3).
This paragraph applies where— In this paragraph a “relevant provision” means a provision of Part 7 of the 2000 Act which prohibits— Nothing in any such provision affects the right of a creditor who, when the contract was made or the expense was incurred, was ignorant of the fact that the contract or expense was in contravention of the relevant provision.
payments or contracts for payments,
the payment or incurring of referendum expenses in excess of the maximum amount allowed by that Part, or
the incurring of referendum expenses without the authority mentioned in section 113(1) of the 2000 Act.
In Schedule 14 to the 2000 Act (limits on referendum expenses by permitted participants), any reference to a referendum falling within section 101(1)(a) includes a reference to the referendum. Paragraph 1(2) of that Schedule (limit on expenses incurred by permitted participants during referendum period) has effect for the purposes of the referendum as if—
In relation to donations received by a permitted participant other than a designated organisation— do not include a registered party and do not include a political party which is not a registered party but is established in Gibraltar. Sub-paragraph (6) applies also to references to a permissible donor, and references to a person within paragraph 6(1A) of this Schedule, in sections 56 and 61 as applied by paragraphs 7 and 8 of this Schedule.
Paragraph 10 of Schedule 15 to the 2000 Act (reporting of donations from permissible donors) has effect for the purposes of the referendum with the following modifications. Sub-paragraph (1)(c) has effect for those purposes as if at the end there were inserted “or, where the donor is within any of paragraphs (c) to (f) of paragraph 6(1A), the information mentioned in sub-paragraph (1A) below”. The information to be recorded in the case of a donor within any of paragraphs (c) to (f) of paragraph 6(1A) is— In paragraph 10(1)(c) of Schedule 15 to the 2000 Act as it applies for the purposes of the referendum, the reference to paragraph 2 of Schedule 6 to that Act is to be taken as a reference to that paragraph without the modifications of that paragraph made by this Schedule.
For the purposes of the referendum, the following section is to be treated as inserted after section 124 of the 2000 Act— Nothing in subsection (10) of the section treated as inserted by this paragraph (read with section 12 of this Act) is to be taken to mean that Schedule 19C to the 2000 Act extends or applies to Gibraltar for the purposes of the referendum.
Where a statement under 106(6A) of the 2000 Act (treated as inserted by paragraph 3 above) is given to the Electoral Commission with a declaration or notification, the information that must be entered in the register under section 107 of that Act in respect of the declaration or notification includes—
the fact that the statement was made, and
the name of the person who made it.
Each report delivered under paragraph 39 must be accompanied by a declaration which complies with sub-paragraph (2) and is signed by the responsible person. The declaration must state— A person commits an offence if— A person guilty of an offence under sub-paragraph (3) is liable— The reference in sub-paragraph (4)(b) to 12 months is to be read as a reference to 6 months in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003.
Section 145(1)(a) and (6A) of the 2000 Act (general functions of Electoral Commission with respect to compliance) apply in relation to the requirements imposed by this Schedule as they apply in relation to the requirements referred to in section 145(1)(a). In section 148 of the 2000 Act (general offences), the references in each of subsections (1) to (3) to any of the provisions of that Act include any of the provisions of this Schedule. Sections 151 and 154 of the 2000 Act (summary proceedings, and duty of court to report conviction to Electoral Commission) apply in relation to an offence under this Schedule as they apply in relation to an offence under that Act. In paragraphs 3 to 5 of Schedule 19B to the 2000 Act (powers of Electoral Commission in relation to suspected offences or contraventions)— Schedule 19C to the 2000 Act (civil sanctions), and any order under Part 5 of that Schedule, have effect as if any reference in that Schedule to an offence under the 2000 Act, or to a prescribed offence under that Act, included a reference to an offence under paragraph 39(9) of this Schedule. Nothing in sub-paragraph (4) or (5) (read with section 12) is to be taken to mean that Schedule 19B or 19C to the 2000 Act extends or applies to Gibraltar for the purposes of the referendum.
This paragraph applies to a notification which, in relation to the referendum, is given to the Electoral Commission under section 106(3) of the 2000 Act by an unincorporated association falling within section 54(2)(h) or 54(2A)(g) of that Act. A notification to which this paragraph applies is not to be treated for the purposes of section 105 or 107 of the 2000 Act as having been given unless the Electoral Commission have accepted the notification. As soon as reasonably practicable after receiving a notification to which this paragraph applies the Electoral Commission must decide whether or not to accept the notification, and they must accept it unless in their opinion the name of the association— As soon as reasonably practicable after deciding whether to accept the notification the Electoral Commission must give written notice to the association—
Section 120 of the 2000 Act (returns in respect of referendum expenses and donations) has effect in relation to the referendum as if at the end of subsection (2)(d) there were inserted “and a statement of regulated transactions entered into in respect of the referendum which complies with the requirements of paragraphs 16 to 20 of Schedule 15A”. Section 123 of the 2000 Act (declaration of responsible person as to return under section 120) has effect in relation to the referendum as if after subsection (3) (as modified by Schedule 1) there were inserted— Section 124 of the 2000 Act (public inspection of returns under section 120) has effect in relation to the referendum as if after subsection (2) there were inserted— For the purposes of the referendum, the following provisions of Schedule 15 to the 2000 Act are to be treated as omitted— Accordingly, paragraph 2(3)(b) of that Schedule has effect for the purposes of the referendum as if for “such terms” there were substituted “commercial terms”. Paragraph 10 of Schedule 15 to the 2000 Act, which is modified by paragraph 34 of Schedule 1, also has effect in relation to the referendum as if for paragraph (b) of sub-paragraph (2) there were substituted— Paragraph 1 of Schedule 19A to the 2000 Act (requirement to notify Commission of certain political contributions) has effect in relation to the referendum as if— Schedule 19C to the 2000 Act (civil sanctions), and any order under Part 5 of that Schedule, have effect as if offences under paragraphs 8 to 11 of the Schedule treated as inserted by paragraph 1 above were offences prescribed in an order under that Part. Nothing in sub-paragraph (6) or (7) (read with section 12) is to be taken to mean that Schedule 19A or 19C of the 2000 Act extends or applies to Gibraltar for the purposes of the referendum.
Each report delivered under paragraph 5 must be accompanied by a declaration which complies with sub-paragraph (2) and is signed by the responsible person. The declaration must state— A person commits an offence if— A person guilty of an offence under sub-paragraph (3) is liable— The reference in sub-paragraph (4)(b) to 12 months is to be read as a reference to 6 months in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003.
Paragraph 4(1) of Schedule 15 to the 2000 Act (payments etc not to be regarded as donations) has effect for the purposes of the referendum as if after paragraph (a) there were inserted—.
Where— the Electoral Commission does not have to enter the new name in the register under section 107 of that Act. If the Electoral Commission decide under this paragraph not to enter the new name of an unincorporated association in that register, the Electoral Commission— The fact that the association’s new name is not entered in the register does not cause the association to cease to be a permitted participant.
Paragraph 6 of Schedule 15 to the 2000 Act (prohibition on accepting donations from persons who are not permissible donors) has effect for the purposes of the referendum with the following modifications. Sub-paragraph (1)(a) has effect for those purposes as if after “a permissible donor falling within section 54(2)” there were inserted “or a person within sub-paragraph (1A)”. The persons within this sub-paragraph are— Sub-paragraph (3) has effect for those purposes as if after “exempt trust donation” there were inserted “or exempt Gibraltar trust donation”. Sub-paragraph (4) has effect for those purposes as if— In relation to a relevant donation in the form of a bequest sub-paragraph (1A)(a) is to be read as referring to an individual who was, at any time within the period of five years ending with the date of the individual’s death, a Gibraltar elector.
Schedule 12 to the 2000 Act (assistance available to designated organisations) has effect for the purposes of the referendum with the following modifications. Paragraph 2(2) has effect for those purposes as if after paragraph (b) there were inserted— Paragraph 3(2) has effect for those purposes as if after paragraph (b) there were inserted or Paragraph 3(3) has effect for those purposes as if at the end there were inserted “or, in the case of a school in Gibraltar, by the Government of Gibraltar”.
Section 105(1) of the 2000 Act (bodies and individuals who are “permitted participants” in relation to a referendum) has effect for the purposes of the referendum as if for paragraph (b) there were substituted—
“registration officer” has the meaning given by section 8 of the 1983 Act;
Each of the following, as it exists on the day of the referendum, is a “voting area” for the purposes of this Act—
a district in England for which there is a district council;
a county in England in which there are no districts with councils;
a London borough;
the City of London (including the Inner and Middle Temples);
the Isles of Scilly;
a county or county borough in Wales;
a local government area in Scotland;
Northern Ireland;
Gibraltar.
References in this Act to a named Act (with no date) are to the Gibraltar Act of that name.
This Act extends to the whole of the United Kingdom and to Gibraltar.
For the purposes of the referendum, Part 7 of the 2000 Act (whose extent is set out in section 163 of that Act) extends also to Gibraltar.
The following provisions come into force on the day on which this Act is passed— sections 9 to 12; this section; section 14.
The remaining provisions of this Act come into force on such day as the Minister may by regulations appoint.
Different days may be appointed for different purposes.
This Act may be cited as the European Union Referendum Act 2015.
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“prescribed” means prescribed by the regulations;
Section 106 of the 2000 Act (declarations and notifications relating to section 105) has effect for the purposes of the referendum with the following modifications. Subsection (4)(b) has effect for those purposes as if after “54(2)” there were inserted “ or any of paragraphs (b) and (d) to (g) of section 54(2A) ”. Subsection (4) has effect for those purposes as if after paragraph (b) there were inserted— For the purposes of the referendum the following subsection is to be treated as inserted after subsection (4)— For the purposes of the referendum the following subsections are to be treated as inserted after subsection (6)—
A person who is the responsible person for a permitted participant may not give a notification under section 106(3) of the 2000 Act in relation to the referendum. An individual who is a permitted participant ceases to be a permitted participant if he or she is the treasurer of a registered party (other than a minor party) that becomes a permitted participant. The requirement in section 106(2)(b) or (4)(b)(ii) or (c)(ii) of the 2000 Act (declaration or notification must state the name of the person who will be responsible for compliance) is not complied with for the purposes of the referendum if the person whose name is stated— Where a registered party (other than a minor party) makes a declaration under section 106 of the 2000 Act in relation to the referendum and the treasurer of the party (“the treasurer”) is already the responsible person for a permitted participant (“the relevant participant”)— In sub-paragraphs (3) and (4)(b) “the person”, in relation to a body which is not a minor party, is to be read as “the person or officer”. In this paragraph “treasurer” has the same meaning as in the 2000 Act (see 160(1) of that Act), and section 25(6) of that Act (references to the treasurer to be read in certain cases as references to the campaigns officer) applies for the purposes of this paragraph as it applies for the purposes of Part 7 of that Act.
Section 145(1)(a) and (6A) of the 2000 Act (general functions of Electoral Commission with respect to compliance) apply in relation to the requirements imposed by this Schedule as they apply in relation to the requirements referred to in section 145(1)(a). In section 148 of the 2000 Act (general offences), the references in each of subsections (1) to (3) to any of the provisions of that Act include any of the provisions of this Schedule. Sections 151 and 154 of the 2000 Act (summary proceedings, and duty of court to report conviction to Electoral Commission) apply in relation to an offence under this Schedule as they apply in relation to an offence under that Act. In paragraphs 3 to 5 of Schedule 19B to the 2000 Act (powers of Electoral Commission in relation to suspected offences or contraventions)— Schedule 19C to the 2000 Act (civil sanctions), and any order under Part 5 of that Schedule, have effect as if any reference in that Schedule to an offence under the 2000 Act, or to a prescribed offence under that Act, included a reference to an offence under paragraph 5(9) of this Schedule. Nothing in sub-paragraph (4) or (5) (read with section 12) is to be taken to mean that Schedule 19B or 19C to the 2000 Act extends or applies to Gibraltar for the purposes of the referendum.
The Chief Counting Officer must take whatever steps the officer thinks appropriate to encourage participation in the referendum. An officer to whom sub-paragraph (3) applies must take whatever steps the officer thinks appropriate to encourage participation in the referendum in the area or region for which the officer acts. This sub-paragraph applies to— The Chief Counting Officer must take whatever steps the officer thinks appropriate to facilitate co-operation between that officer and the officers to whom sub-paragraph (3) applies in taking any steps under sub-paragraph (1) or (2). In discharging the duty imposed by sub-paragraph (1) or (2) an officer must have regard to any guidance issued by the Electoral Commission. The Minister may reimburse any expenditure incurred by an officer for the purposes of sub-paragraph (1) or (2). A reference in this paragraph to “a registration officer” includes the European electoral registration officer for Gibraltar (within the meaning of section 14 of the European Parliament (Representation) Act 2003).
An application for the account of a counting officer or Regional Counting Officer to be taxed may be made— On any such application the court has jurisdiction to tax the account in whatever manner and at whatever time and place the court thinks fit, and finally to determine the amount payable to the officer. Where an application is made for the account of a counting officer or Regional Counting Officer to be taxed, the officer may apply to the court for it to examine any claim made by any person (“the claimant”) against the officer in respect of matters charged in the account. On an application under sub-paragraph (3), after the claimant has been given notice and an opportunity to be heard and to tender any evidence, the court may allow, disallow or reduce the claim, with or without costs. A reference in this paragraph to “the court” includes a reference to the Auditor of the Court of Session. In this paragraph, “Gibraltar court” means the court determined by or under the law of Gibraltar to be the court for the purpose of this paragraph.
Section 128 of the 2000 Act (Chief Counting Officers, and counting officers, for referendums) has effect for the purposes of the referendum with the following modifications. Subsection (2) has effect for those purposes as if— For the purposes of the referendum subsection (8) is to be treated as omitted. See also paragraphs 4 and 6 (which contain additional modifications of section 128 of the 2000 Act for the purposes of the referendum).
A local authority whose area forms a particular voting area must place the services of their officers at the disposal of— for the purpose of assisting the officer in the discharge of his or her functions. In this paragraph “local authority”— The Government of Gibraltar must place the services of its public officers at the disposal of— for the purpose of assisting the officer in the discharge of his or her functions as counting officer or as Regional Counting Officer (as the case may be). Accordingly, section 128 of the 2000 Act (Chief Counting Officers, and counting officers, for referendums) has effect for the purposes of the referendum as if subsection (4) were omitted.
A Regional Counting Officer or counting officer may take whatever steps the officer thinks appropriate to remedy any act or omission on the part of the officer or a relevant person that— A re-count of votes in reliance on sub-paragraph (1) may only be conducted in the circumstances (if any) specified in conduct regulations or Gibraltar conduct law (as the case may be). For the purposes of this paragraph each of the following is a “relevant person”— For the purposes of sub-paragraph (1)(b) requirements are imposed as described in this sub-paragraph if they are imposed— For the purposes of sub-paragraph (4)(b) each of the following relevant persons is a “Gibraltar relevant person”— For the purposes of sub-paragraph (3)(e) and (5)(e) a person (“A”) is an assistant of another person (“P”) if— in connection with any function in relation to the referendum.
Subsections (2), (3) and (6) of section 109 of the 2000 Act (application by organisation for designation) have effect for the purposes of the referendum as if the reference in subsection (2)(b) of that section to the first day of the referendum period were a reference to the day prescribed under this paragraph by regulations made by the Minister.
A permitted participant may, in relation to any voting area, appoint an individual (who may be the responsible person) to be the permitted participant’s referendum agent for that area. Regulations under section 4 may—
This paragraph applies where— In this paragraph references to “common plan expenses” of an individual or body are to referendum expenses which are incurred by or on behalf of that individual or body— The common plan expenses of the individual or body which is mentioned in sub-paragraph (1)(a) are to be treated for the purposes of— as having also been incurred during the referendum period by or on behalf of the other individual or body (or, as the case may be, each of the other individuals or bodies) mentioned in sub-paragraph (1)(b)(ii); but this is subject to sub-paragraph (5). This paragraph applies whether or not any of the individuals or bodies in question is a permitted participant. But if any of the individuals or bodies in question (“the persons involved”) is or becomes a designated organisation, the following referendum expenses are to be treated for the purposes of sections 117 and 118 of and Schedule 14 to the 2000 Act as having been incurred during the referendum period by or on behalf of the designated organisation only— For the purposes of this paragraph an individual or body is “below the expenses threshold” if the total of the referendum expenses incurred during the referendum period by or on behalf of the individual or body does not exceed £10,000. For the purposes of this paragraph— In this paragraph any reference to referendum expenses incurred by or on behalf of a designated organisation, or a permitted participant, during the referendum period includes referendum expenses incurred during that period before the person by or on whose behalf the expenses were incurred became a designated organisation or, as the case may be, permitted participant.
This paragraph applies in relation to a donation received by a permitted participant if— In relation to that donation, the donor is to be regarded for the purposes of Part 4 of the 2000 Act as a permissible donor. The persons within this sub-paragraph are— In relation to a donation in the form of a bequest sub-paragraph (3)(a) is to be read as referring to an individual who was, at any time within the period of 5 years ending with the date of the individual’s death, a Gibraltar elector. In this paragraph—
If a permitted participant appoints a referendum agent for a voting area, the responsible person must give the counting officer for the area notification of the name and home or business address of— The notification must be given before noon on the 16th day before the date of the poll, disregarding for this purpose— The notification must be in writing and signed by the responsible person. The duties imposed on a responsible person by this paragraph may be discharged by any person authorised in writing by the responsible person.
Section 120 of the 2000 Act (returns in respect of referendum expenses and donations) has effect for the purposes of the referendum with the following modifications (as well as with the modification in paragraph 2(1) of Schedule 2 to this Act). Subsection (2) has effect for the purposes of the referendum as if the “and” after paragraph (c) were omitted and as if after paragraph (c) there were inserted—. Subsection (4) has effect for those purposes as if for “(2)” there were substituted “(2)(a) to (c)”. For the purposes of the referendum the following subsections are to be treated as inserted after subsection (4)—
Where paragraph 26 applies in relation to a donation received by a permitted participant, paragraph 2 of Schedule 6 to the 2000 Act (details to be given in donation reports) has effect as if—
in sub-paragraph (1)(a) for “(10)” there were substituted “(10C)”, and
In the case of a body within paragraph 26(3)(c) of Schedule 1 to the European Union Referendum Act 2015 (body incorporated by Royal Charter) the report must give— In the case of a body within paragraph 26(3)(d) or (e) of that Schedule (charitable incorporated organisation) the report must give— In the case of a body within paragraph 26(3)(f) of that Schedule (Scottish partnership) the report must give—
If a counting officer is notified under paragraph 16 that a permitted participant has appointed a referendum agent, the counting officer must as soon as practicable give public notice of—
the name and address of the referendum agent, and
the name of the permitted participant.
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any provision of, or of any instrument made under, an Act of the Scottish Parliament,
For the purposes of the referendum, the 2000 Act has effect as if after Schedule 15 (in Part 7 of that Act) there were inserted—
In this paragraph references to a permitted participant are to a permitted participant which either is not a registered party or is a minor party. In relation to the referendum, the responsible person in relation to a permitted participant must prepare reports under this paragraph in respect of— and in paragraph (a) “the commencement day” means the day on which that paragraph comes into force. The report for a period must record, in relation to each regulated transaction having a value exceeding £7,500 which is entered into by the permitted participant during the period— If during any period no regulated transactions having a value exceeding £7,500 were entered into by the permitted participant, the report for the period must contain a statement of that fact. A report under this paragraph in respect of a period must be delivered by the responsible person to the Electoral Commission— If, in relation to a regulated transaction entered into with an individual who has an anonymous entry in an electoral register, a report under this paragraph contains a statement that the permitted participant has seen evidence that the individual has such an anonymous entry, the report must be accompanied by a copy of the evidence. The Minister may by regulations modify the operation of sub-paragraphs (2) to (4) in relation to cases where an individual or body becomes a permitted participant during a period prescribed under sub-paragraph (2)(b). Regulations under sub-paragraph (5) or (7) may make different provision for different cases. The responsible person commits an offence if, without reasonable excuse, that person— A person guilty of an offence under sub-paragraph (9)(a) is liable— A person guilty of an offence under sub-paragraph (9)(b) is liable— The reference in sub-paragraph (11)(b) to 12 months is to be read as a reference to 6 months in relation to an offence committed before the commencement of section 154(1) of the Criminal Justice Act 2003. In this paragraph— Paragraph 23 of the Schedule treated as inserted by paragraph 1 applies for the purposes of this paragraph as it applies for the purposes of the provisions of that Schedule relating to the reporting of transactions.
Where the Electoral Commission receive a report under paragraph 5 they must— The Electoral Commission must secure that the copy of the report made available for public inspection does not include, in the case of any transaction entered into by the permitted participant with an individual, the individual’s address. At the end of the period of two years beginning with the date when any report under paragraph 5 or other document accompanying it is received by the Electoral Commission—
Subject to sub-paragraphs (3) and (4), a counting officer or Regional Counting Officer is entitled to recover his or her charges in respect of services rendered, or expenses incurred, for or in connection with the referendum if— Sub-paragraph (3) applies to a service rendered by— which in the opinion of the Electoral Commission was inadequately performed. In respect of a service to which this sub-paragraph applies, the officer is entitled under sub-paragraph (1) to no more than the amount (which may be nil) that seems reasonable in all the circumstances— Regulations under sub-paragraph (1) may specify, or make provision for determining in accordance with the regulations, a maximum recoverable amount for services or expenses of a specified description— Subject to sub-paragraph (5), an officer may not recover more than the specified amount in respect of such services or expenses. In a particular case the Electoral Commission may, with the consent of the Treasury, authorise the payment of— if the Commission are satisfied that the conditions in sub-paragraph (6) are met. The conditions are— The Chief Counting Officer is entitled to recover expenses incurred by that officer for or in connection with the referendum if— The Electoral Commission must pay the amount of any charges recoverable in accordance with this paragraph on an account being submitted to them. At the request of a counting officer or Regional Counting Officer or the Chief Counting Officer, the Electoral Commission may make an advance on account of the officer’s charges on such terms as they think fit. The Electoral Commission may by regulations make provision as to the time when and the manner and form in which accounts are to be rendered to the Commission for the purposes of the payment of the charges of a counting officer or Regional Counting Officer or the Chief Counting Officer. Regulations under this paragraph may make different provision for different cases or areas. Any sums required by the Electoral Commission for making payments under this paragraph are to be charged on and paid out of the Consolidated Fund.
No court may entertain any proceedings for questioning the number of ballot papers counted or votes cast in the referendum as certified by the Chief Counting Officer or a Regional Counting Officer or counting officer unless— In sub-paragraph (1) “the permitted period” means the period of 6 weeks beginning with— In the application of this paragraph to Scotland, sub-paragraph (1) has effect— In the application of this paragraph to Northern Ireland, sub-paragraph (1) has effect— In the application of this paragraph to Gibraltar, sub-paragraph (1) has effect with the substitution in paragraph (a) of “an application” for “a claim”.
Section 149(2) to (5) and (7) of the 2000 Act (inspection of Commission’s documents) apply in relation to reports and documents which the Electoral Commission are required to make available for public inspection under paragraph 7 as they apply to the documents which the Electoral Commission are required to make available for public inspection by virtue of the provisions of the 2000 Act mentioned in section 149(6) of that Act.
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“responsible person”, in relation to a permitted participant, means the responsible person within the meaning given by section 105(2) of the 2000 Act (as modified by paragraph 5 of Schedule 1);
In this Schedule a reference to functions includes functions conferred by any provision of law made in and for Gibraltar.