European Union Referendum Act 2015

• Citation: 2015 c. 36
• Sections: 91

Section 1 The referendum

(1) A referendum is to be held on whether the United Kingdom should remain a member of the European Union.

(2) The Secretary of State must, by regulations, appoint the day on which the referendum is to be held.

(3) The day appointed under subsection (2)—

(a) must be no later than 31 December 2017,

(b) must not be 5 May 2016, and

(c) must not be 4 May 2017.

(4) The question that is to appear on the ballot papers is—

Should the United Kingdom remain a member of the European Union or leave the European Union?

(5) The alternative answers to that question that are to appear on the ballot papers are—

Remain a member of the European Union

Leave the European Union

(6) In Wales, there must also appear on the ballot papers—

(a) the following Welsh version of the question—

A ddylai'r Deyrnas Unedig aros yn aelod o'r Undeb Ewropeaidd neu adael yr Undeb Ewropeaidd?

(b) the following Welsh versions of the alternative answers—

Aros yn aelod o'r Undeb Ewropeaidd

Gadael yr Undeb Ewropeaidd

Section 2 Entitlement to vote in the referendum

(1) Those entitled to vote in the referendum are—

(a) the persons who, on the date of the referendum, would be entitled to vote as electors at a parliamentary election in any constituency,

(b) the persons who, on that date, are disqualified by reason of being peers from voting as electors at parliamentary elections but—

(i) would be entitled to vote as electors at a local government election in any electoral area in Great Britain,

(ii) would be entitled to vote as electors at a local election in any district electoral area in Northern Ireland, or

(iii) 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

(c) the persons who, on the date of the referendum—

(i) 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

(ii) fall within subsection (2).

(2) A person falls within this subsection if the person is either—

(a) a Commonwealth citizen, or

(b) a citizen of the Republic of Ireland.

(3) 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).

Section 3 Further provision about the referendum

Part 7 of the 2000 Act (general provision about referendums) applies to the referendum but see also—

(a) 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

(b) Schedule 3 (which makes further provision about the referendum, including provision modifying Part 7 of the 2000 Act).

Section 4 Conduct regulations, etc

(1) The Minister may by regulations—

(a) 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);

(b) apply for the purposes of the referendum, with or without modifications—

(i) any provision of the 1983 Act, or

(ii) any other enactment relating to elections or referendums,

including provisions creating offences;

(c) further modify the 2000 Act for the purposes of the referendum;

(d) modify or exclude any provision of any other enactment (other than this Act) that applies to the referendum.

(2) 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—

(a) the poll for any election specified in the regulations;

(b) the poll for any other referendum specified in the regulations.

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).

(3) The reference in subsection (2) to any enactment includes—

(a) the definition of “counting officer” in section 11(1),

(b) section 11(2), and

(c) Schedule 3,

but does not include any other provision of this Act.

(4) 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.

(5) Regulations under this section may, in particular—

(a) make provision for disregarding alterations in a register of electors;

(b) make provision extending or applying to (or extending or applying only to) Gibraltar or any part of the United Kingdom;

(c) make different provision for different purposes.

(6) Before making any regulations under this section, the Minister must consult the Electoral Commission.

(7) 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.

Section 5 Gibraltar

(1) 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.

(2) The capacity (apart from this Act) of the Gibraltar legislature to make law for Gibraltar is not affected by the existence of—

(a) section 4, or

(b) anything in any other provision of this Act which enables particular provision to be made under section 4,

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.

(3) Subsection (2) does not affect the operation of the Colonial Laws Validity Act 1865 in relation to Gibraltar conduct law.

Section 6 Duty to publish information on outcome of negotiations between member States

(1) The Secretary of State must publish a report which contains (alone or with other material)—

(a) 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

(b) the opinion of the Government of the United Kingdom on what has been agreed.

(2) The report must be published before the beginning of the final 10 week period.

(3) In this section “ the final 10 week period ” means the period of 10 weeks ending with the date of the referendum.

(4) A copy of the report published under this section must be laid before Parliament by the Secretary of State.

Section 7 Duty to publish information about membership of the European Union etc

(1) The Secretary of State must publish a report which contains (alone or with other material)—

(a) 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

(b) 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).

(2) The report must be published before the beginning of the final 10 week period.

(3) In this section “ the final 10 week period ” means the period of 10 weeks ending with the date of the referendum.

(4) A copy of the report published under this section must be laid before Parliament by the Secretary of State.

Section 8 Power to modify section 125 of the 2000 Act

(1) In this section—

(a) “ 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

(b) “ 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).

(2) 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—

(a) material is published—

(i) in a prescribed way, or

(ii) by a communication of a prescribed kind, and

(b) such other conditions as may be prescribed are met.

(3) The communications that may be prescribed under subsection (2)(a)(ii) include, in particular, oral communications and communications with the media.

(4) Before making any regulations under this section, the Minister must consult the Electoral Commission.

(5) 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.

(6) Any regulations under subsection (2) must be made not less than 4 months before the date of the referendum.

(7) In this section—

“ prescribed ” means prescribed by the regulations;

“ publish ” has the same meaning as in section 125.

(8) This section does not affect the generality of section 4(1)(c).

Section 9 Regulations

(1) 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.

(2) 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.

(3) Subsection (2) does not apply to a statutory instrument containing only regulations within subsection (4).

(4) Regulations within this subsection are any of the following—

(a) regulations under section 13;

(b) regulations made by the Minister under paragraph 16 of Schedule 3.

(5) 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.

(6) 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.

Section 10 Financial provisions

(1) The following are to be paid out of money provided by Parliament—

(a) expenditure incurred under this Act by the Minister;

(b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.

(2) 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.

Section 11 Definitions

(1) In this Act—

“ the 1983 Act ” means the Representation of the People Act 1983;

“ the 2000 Act ” means the Political Parties, Elections and Referendums Act 2000;

“ the 2011 Act ” means the Parliamentary Voting System and Constituencies Act 2011;

“body”, without more, means a body corporate or any combination of persons or other unincorporated association;

“ Chief Counting Officer ” means the Chief Counting Officer for the referendum (see section 128(2) of the 2000 Act);

“ conduct regulations ” means regulations under section 4(1)(a);

“ counting officer ” has the meaning given by paragraph 3 of Schedule 3;

“ 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;

“ document ” means a document in whatever form;

“ enactment ” includes—

any provision of an Act,

any provision of, or of any instrument made under, an Act of the Scottish Parliament,

any provision of, or of any instrument made under, Northern Ireland legislation, and

any provision of subordinate legislation (within the meaning of the Interpretation Act 1978);

“ Gibraltar conduct law ” has the meaning given by section 5(2);

“ the Gibraltar standard scale ” means the standard scale set out in Part A of Schedule 9 to the Criminal Procedure and Evidence Act;

“ the Minister ” means the Secretary of State or the Minister for the Cabinet Office ;

“ permitted participant ” means a person who, in relation to the referendum, is a permitted participant within the meaning given by section 105(1) of the 2000 Act (as modified by paragraph 2 of Schedule 1);

“ the referendum ” means the referendum under section 1;

“ referendum expenses ” has the meaning given by section 111 of the 2000 Act (see also paragraph 19 of Schedule 1);

“ the referendum period ” has the meaning given by paragraph 1 of Schedule 1;

“ Regional Counting Officer ” means an officer appointed under paragraph 5(1) of Schedule 3;

“ registered party ” and “ minor party ” have the same meaning as in the 2000 Act (see section 160(1) of that Act);

“ registration officer ” has the meaning given by section 8 of the 1983 Act;

“ 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);

“ voting area ” has the meaning given by subsection (2).

(2) Each of the following, as it exists on the day of the referendum, is a “ voting area ” for the purposes of this Act—

(a) a district in England for which there is a district council;

(b) a county in England in which there are no districts with councils;

(c) a London borough;

(d) the City of London (including the Inner and Middle Temples);

(e) the Isles of Scilly;

(f) a county or county borough in Wales;

(g) a local government area in Scotland;

(h) Northern Ireland;

(i) Gibraltar.

(3) References in this Act to a named Act (with no date) are to the Gibraltar Act of that name.

Section 12 Extent

(1) This Act extends to the whole of the United Kingdom and to Gibraltar.

(2) 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.

Section 13 Commencement

(1) The following provisions come into force on the day on which this Act is passed—

sections 9 to 12;

this section;

section 14.

(2) The remaining provisions of this Act come into force on such day as the Minister may by regulations appoint.

(3) Different days may be appointed for different purposes.

Section 14 Short title

This Act may be cited as the European Union Referendum Act 2015.

Section 1

(1) 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.

(2) The period prescribed under this paragraph must be a period which—

(a) is at least 10 weeks, and

(b) ends with the date of the referendum.

Section 2

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—

(b) any of the following by whom a notification has been given under section 106 in relation to the referendum, namely—

(i) any individual who is resident in the United Kingdom or registered in an electoral register as defined by section 54(8);

(ii) any individual who is resident in Gibraltar or is a Gibraltar elector;

(iii) any body falling within any of paragraphs (b) and (d) to (h) of section 54(2);

(iv) any body falling within any of paragraphs (b) and (d) to (g) of section 54(2A);

(v) any body incorporated by Royal Charter which does not fall within section 54(2);

(vi) any charitable incorporated organisation within the meaning of Part 11 of the Charities Act 2011 or Part 11 of the Charities Act (Northern Ireland) 2008;

(vii) any Scottish charitable incorporated organisation within the meaning of Chapter 7 of Part 1 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10);

(viii) any partnership constituted under the law of Scotland which carries on business in the United Kingdom.

Section 3

(1) 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.

(2) 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) ” .

(3) Subsection (4) has effect for those purposes as if after paragraph (b) there were inserted—

(c) if given by a body within any of sub-paragraphs (v) to (viii) of section 105(1)(b), state—

(i) the details mentioned in subsection (4A), and

(ii) the name of the person or officer who will be responsible for compliance on the part of the body with the provisions of Chapter 2,

and be signed by the body's secretary or a person who acts in a similar capacity in relation to the body.

(4) For the purposes of the referendum the following subsection is to be treated as inserted after subsection (4)—

(4A) The details referred to in subsection (4)(c)(i) are—

(a) in the case of a body within section 105(1)(b)(v) (body incorporated by Royal Charter)—

(i) the name of the body, and

(ii) the address of its main office in the United Kingdom;

(b) in the case of a body within section 105(1)(b)(vi) or (vii) (charitable incorporated organisation)—

(i) the name of the body, and

(ii) the address of its principal office;

(c) in the case of a body within section 105(1)(b)(viii) (Scottish partnership)—

(i) the name of the body, and

(ii) the address of its main office in the United Kingdom.

(5) For the purposes of the referendum the following subsections are to be treated as inserted after subsection (6)—

(6A) A declaration or notification under this section must be accompanied by a statement by the person who is the responsible person which—

(a) states that that person is willing to exercise, in relation to the referendum, the functions conferred by and under this Act and the European Union Referendum Act 2015 on the responsible person, and

(b) is signed by that person.

(6B) Subsection (6A) does not apply to a notification of alteration unless the notification replaces a statement under subsection (2)(b) or (4)(b)(ii) or (c)(ii).

Section 4

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—

(a) the fact that the statement was made, and

(b) the name of the person who made it.

Section 5

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) ” .

Section 6

(1) 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.

(2) 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.

(3) 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—

(a) is already the responsible person for a permitted participant,

(b) is an individual who gives a notification under section 106(3) of that Act at the same time, or

(c) is the person whose name is stated, in purported compliance with the requirement in section 106(2)(b) or (4)(b)(ii) or (c)(ii) of that Act, in a notification given at the same time by another body.

(4) 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”)—

(a) the treasurer ceases to be the responsible person for the relevant participant at the end of the period of 14 days beginning with the day on which (by reason of the declaration) the treasurer becomes the responsible person for the party, and

(b) the relevant participant must, before the end of that period, give a notice of alteration under section 106(5) of the 2000 Act stating the name of the person who is to replace the treasurer as the responsible person for the relevant participant.

(5) 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”.

(6) 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 7

(1) 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.

(2) 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.

(3) 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—

(a) is obscene or offensive, or

(b) includes words the publication of which would be likely to amount to the commission of an offence.

(4) As soon as reasonably practicable after deciding whether to accept the notification the Electoral Commission must give written notice to the association—

(a) stating whether they accept the notification, and

(b) if their decision is not to accept the notification, giving the reasons for that decision.

Section 8

(1) Where—

(a) a permitted participant is an unincorporated association falling within section 54(2)(h) or 54(2A)(g) of the 2000 Act,

(b) the Electoral Commission is notified under section 106(5) of that Act of a change of name of the association, and

(c) in the opinion of the Electoral Commission the new name is obscene or offensive or includes words the publication of which would be likely to amount to the commission of an offence,

the Electoral Commission does not have to enter the new name in the register under section 107 of that Act.

(2) If the Electoral Commission decide under this paragraph not to enter the new name of an unincorporated association in that register, the Electoral Commission—

(a) must as soon as reasonably practicable give written notice to the association of that decision and the reasons for it, and

(b) in any case where they are required to make available for public inspection a document that uses the association's new name, may replace that name in the document with the name that appears on the register in respect of the association.

(3) 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.

Section 9

(1) 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.

(2) Subsection (2) has effect for those purposes as if for the words from “the Commission” to the end there were substituted

the Commission may—

(a) in relation to each of those outcomes, designate one permitted participant as representing those campaigning for the outcome in question; or

(b) if the condition in subsection (2A) is met as regards one of those outcomes (“outcome A”) but not the other (“outcome B”), designate one permitted participant as representing those campaigning for outcome B.

(2A) The condition in this subsection is met as regards an outcome if either—

(a) no permitted participant makes an application to be designated under section 109 as representing those campaigning for that outcome; or

(b) the Commission are not satisfied that there is any permitted participant who has made an application under that section who adequately represents those campaigning for that outcome.

(3) For the purposes of the referendum subsections (3) and (4) are to be treated as omitted.

Section 10

Accordingly, for the purposes of the referendum, section 109 of the 2000 Act (applying to become a designated organisation) has effect as if—

(a) in subsection (4) paragraph (b) (and the “or” before it) were omitted, and

(b) in subsection (5) paragraph (b) (and the “or” before it) were omitted.

Section 11

(1) 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.

(2) 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—

(a) in subsection (1) —

(i) for “any designations” there were substituted “ a designation ” , and

(ii) for “the designated organisations” there were substituted “ the designated organisation ” ,

(b) subsections (2) and (3) were omitted, and

(c) for subsection (4) there were substituted the subsection set out in sub-paragraph (3) below.

(3) That subsection is—

(4) The designated organisation (or, as the case may be, persons authorised by the organisation) shall have the rights conferred by paragraphs 1 to 3 of Schedule 12.

(4) 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.

Section 12

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.

Section 13

(1) This paragraph applies to a grant under section 110(2) of the 2000 Act (grants to designated organisations) made in respect of the referendum.

(2) The grant may be paid in whatever instalments the Electoral Commission consider appropriate.

(3) 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.

(4) 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).

Section 14

(1) Schedule 12 to the 2000 Act (assistance available to designated organisations) has effect for the purposes of the referendum with the following modifications.

(2) Paragraph 2(2) has effect for those purposes as if after paragraph (b) there were inserted—

(c) in Gibraltar, to a school the expense of maintaining which is payable wholly or partly out of Gibraltar public funds or out of any rate, or by a body whose expenses are so payable.

(3) Paragraph 3(2) has effect for those purposes as if after paragraph (b) there were inserted

or

(c) in the case of a school in Gibraltar, with the Gibraltar Government Ministry of Education.

(4) 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 15

(1) 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.

(2) Regulations under section 4 may—

(a) confer functions on a referendum agent appointed under this paragraph;

(b) make further provision (additional to the provision in paragraphs 16 and 17) in connection with referendum agents.

Section 16

(1) 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—

(a) the permitted participant, and

(b) the referendum agent.

(2) The notification must be given before noon on the 16th day before the date of the poll, disregarding for this purpose—

(a) Saturdays and Sundays,

(b) Christmas Eve, Christmas Day, Good Friday and any other day that is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom,

(c) any day that is a bank or public holiday in Gibraltar under the Banking and Financial Dealings Act and the Interpretation and General Clauses Act, and

(d) any day appointed in any part of the United Kingdom or Gibraltar as a day of public thanksgiving or mourning.

(3) The notification must be in writing and signed by the responsible person.

(4) The duties imposed on a responsible person by this paragraph may be discharged by any person authorised in writing by the responsible person.

Section 17

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—

(a) the name and address of the referendum agent, and

(b) the name of the permitted participant.

Section 18

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 ” .

Section 19

(1) 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.

(2) Those expenses are—

(a) expenses incurred in respect of the publication of any matter relating to the referendum, other than an advertisement, in—

(i) a newspaper or periodical;

(ii) a broadcast made by the British Broadcasting Corporation, Sianel Pedwar Cymru or the Gibraltar Broadcasting Corporation;

(iii) a programme included in any service licensed under Part 1 or 3 of the Broadcasting Act 1990 or Part 1 or 2 of the Broadcasting Act 1996;

(b) expenses incurred in respect of, or in consequence of, the translation of anything from English into Welsh or from Welsh into English;

(c) reasonable expenses incurred that are reasonably attributable to an individual's disability;

(d) expenses incurred in providing for the protection of persons or property at rallies or other public events.

(3) In sub-paragraph (2)(c) “ disability ” has the same meaning as in the Equality Act 2010 (see section 6 of that Act).

Section 20

(1) 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.

(2) 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.

Section 21

(1) This paragraph applies where—

(a) a contract is made, or an expense is incurred, in connection with the referendum, and

(b) the contract or expense is in contravention of a relevant provision.

(2) In this paragraph a “ relevant provision ” means a provision of Part 7 of the 2000 Act which prohibits—

(a) payments or contracts for payments,

(b) the payment or incurring of referendum expenses in excess of the maximum amount allowed by that Part, or

(c) the incurring of referendum expenses without the authority mentioned in section 113(1) of the 2000 Act.

(3) 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.

Section 22

(1) This paragraph applies where—

(a) referendum expenses are incurred by or on behalf of an individual or body during the referendum period for the referendum, and

(b) those expenses are incurred in pursuance of a plan or other arrangement by which referendum expenses are to be incurred by or on behalf of—

(i) that individual or body, and

(ii) one or more other individuals or bodies,

with a view to, or otherwise in connection with, promoting or procuring a particular outcome in relation to the question asked in the referendum.

(2) 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—

(a) as mentioned in sub-paragraph (1)(a), and

(b) in pursuance of a plan or other arrangement mentioned in sub-paragraph (1)(b).

(3) 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—

(a) section 117 of the 2000 Act, and

(b) section 118 of and Schedule 14 to that Act,

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).

(4) This paragraph applies whether or not any of the individuals or bodies in question is a permitted participant.

(5) 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—

(a) any referendum expenses incurred during the referendum period by or on behalf of the designated organisation;

(b) where any of the other persons involved is a permitted participant, any common plan expenses of that permitted participant;

(c) where any of the other persons involved is an individual or body which is not a permitted participant but is below the expenses threshold, any common plan expenses of that individual or body.

(6) 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.

(7) For the purposes of this paragraph—

(a) section 112 of the 2000 Act (notional referendum expenses) applies as it applies for the purposes of Part 7 of that Act,

(b) section 113(3) of the 2000 Act (expenses incurred in contravention of section 113(1)) applies as it applies for the purposes of sections 117 to 123 of that Act, and

(c) subsections (5) and (6) of section 117 of the 2000 Act (certain expenditure incurred before the referendum period) apply as they apply for the purposes of that section.

(8) 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.

Section 23

(1) 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).

(2) 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—

(ca) a declaration under subsection (4A);

(cb) a declaration under subsection (4B); and

(3) Subsection (4) has effect for those purposes as if for “(2)” there were substituted “ (2)(a) to (c) ” .

(4) For the purposes of the referendum the following subsections are to be treated as inserted after subsection (4)—

(4A) For the purposes of subsection (2)(ca), a declaration under this subsection is a declaration of—

(a) whether there are any referendum expenses, incurred by or on behalf of an individual or body other than the permitted participant to which the return under this section relates, that must under paragraph 22 of Schedule 1 to the European Union Referendum Act 2015 be treated as having been incurred during the referendum period by or on behalf of the permitted participant; and

(b) if so, in the case of each individual or body concerned, its name and the amount of referendum expenses incurred by or on its behalf that must be treated as mentioned in paragraph (a).

(4B) For the purposes of subsection (2)(cb), a declaration under this subsection is a declaration of—

(a) whether there are any referendum expenses incurred by or on behalf of the permitted participant that must under paragraph 22 of Schedule 1 to the European Union Referendum Act 2015 be treated as having been incurred during the referendum period by or on behalf of another individual or body; and

(b) if so, in the case of each such individual or body, its name and the amount of referendum expenses incurred by or on behalf of the permitted participant that must be treated as having been incurred during the referendum period by or on behalf of that individual or body.

(4C) The reference in subsection (4B) to referendum expenses incurred by or on behalf of the permitted participant includes referendum expenses incurred before the person by or on whose behalf the expenses were incurred became a permitted participant.

(4D) Any reference in subsection (4A) or (4B) to referendum expenses that must be treated under paragraph 22 of Schedule 1 to the European Union Referendum Act 2015 as having been incurred during the referendum period by or on behalf of a particular person includes—

(a) referendum expenses that under that paragraph must be treated as having been incurred by or on behalf of that person only; and

(b) referendum expenses that, under that paragraph, must be treated as having also been incurred by or on behalf of that person.

(4E) Any reference in subsection (4A)(b) or (4B)(b) to the name of an individual or body is to be read, where the individual or body is a permitted participant, as a reference to the name under which that permitted participant is registered in the register under section 107.

Section 24

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 25

(1) 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.

(2) 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—

(a) in paragraph (a) (designated organisations) for “£5 million” there were substituted “ £7 million ” ,

(b) in paragraph (b) (registered parties that are not designated organisations)—

(i) in sub-paragraph (i) for “£5 million” there were substituted “ £7 million ” ,

(ii) in sub-paragraph (ii) for “£4 million” there were substituted “ £5.5 million ” ,

(iii) in sub-paragraph (iii) for “£3 million” there were substituted “ £4 million ” ,

(iv) in sub-paragraph (iv) for “£2 million” there were substituted “ £3 million ” , and

(v) in sub-paragraph (v) for “£500,000” there were substituted “ £700,000 ” , and

(c) in paragraph (c) (certain other persons and bodies) for “£500,000” there were substituted “ £700,000 ” .

Section 26

(1) This paragraph applies in relation to a donation received by a permitted participant if—

(a) the permitted participant is a registered party that is not a minor party,

(b) the donation is received from a person (“ the donor ”) who in relation to that donation is not a permissible donor for the purposes of Part 4 of the 2000 Act by virtue of section 54 of that Act,

(c) the donor is a person within sub-paragraph (3), and

(d) the donation is received by the party within the referendum period.

(2) 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.

(3) The persons within this sub-paragraph are—

(a) a Gibraltar elector;

(b) a body falling within any of paragraphs (b) to (g) of section 54(2A) of the 2000 Act;

(c) a body incorporated by Royal Charter which does not fall within section 54(2) of that Act;

(d) a charitable incorporated organisation within the meaning of Part 11 of the Charities Act 2011 or Part 11 of the Charities Act (Northern Ireland) 2008;

(e) a Scottish charitable incorporated organisation within the meaning of Chapter 7 of Part 1 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10);

(f) a partnership constituted under the law of Scotland which carries on business in the United Kingdom.

(4) 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.

(5) In this paragraph—

(a) “ donation ” has the same meaning as in section 54 of the 2000 Act (see section 50 of that Act);

(b) “ Gibraltar elector ” has the same meaning as in the 2000 Act (see section 160(1) of that Act).

Section 27

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—

(a) in sub-paragraph (1)(a) for “(10)” there were substituted “ (10C) ” , and

(b) the following sub-paragraphs were inserted after sub-paragraph (10)—

(10A) 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—

(a) the name of the body; and

(b) the address of its main office in the United Kingdom.

(10B) In the case of a body within paragraph 26(3)(d) or (e) of that Schedule (charitable incorporated organisation) the report must give—

(a) the name of the body; and

(b) the address of its principal office.

(10C) In the case of a body within paragraph 26(3)(f) of that Schedule (Scottish partnership) the report must give—

(a) the name of the body; and

(b) the address of its main office in the United Kingdom.

Section 28

(1) This paragraph applies where the permitted maximum is exceeded by the aggregate value of—

(a) relevant donations which are received and accepted, and

(b) relevant regulated transactions which are entered into,

during the referendum period by a permitted participant that is a registered party other than a minor party.

(2) 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) it had been received or entered into, as the case may be, at the end of the period of 3 months after the end of the referendum period,

(b) in the case of a relevant donation, it had been received from a person who was not a permissible donor at the time, and

(c) in the case of a relevant regulated transaction, it had been entered into with a person who was not an authorised participant at the time.

(3) A relevant donation or relevant regulated transaction falls within this sub-paragraph—

(a) if—

(i) it is the first of the relevant donations received or is the only one,

(ii) no relevant regulated transaction has previously been entered into, and

(iii) the value of the donation alone exceeds the permitted maximum,

(b) if it is the first of the relevant regulated transactions entered into or is the only one, and the value of the transaction alone exceeds the permitted maximum, or

(c) in a case not falling within paragraph (a) or (b), if the aggregate value of the relevant donation or relevant regulated transaction and the relevant donations and relevant regulated transactions previously received or entered into exceeds the permitted maximum.

(4) But—

(a) in the case of a relevant donation within sub-paragraph (3)(a), only so much of the donation as exceeds the permitted maximum is a donation falling within sub-paragraph (3), and

(b) in the case of a relevant donation within sub-paragraph (3)(c) where the aggregate value of the relevant donations and relevant regulated transactions previously received or entered into does not exceed the permitted maximum, only so much of the donation as exceeds the difference between that aggregate value and the permitted maximum is a donation falling within sub-paragraph (3).

(5) In this paragraph—

“ authorised participant ” means an authorised participant for the purposes of Part 4A of the 2000 Act;

“ permissible donor ” means a permissible donor for the purposes of Part 4 of the 2000 Act;

“ permitted maximum ”, in relation to a permitted participant, means an amount equal to the limit imposed on that permitted participant by paragraph 1(2) of Schedule 14 to the 2000 Act (as modified by paragraph 25 of this Schedule);

“ relevant donation ” means a donation which is received from a person who is a permissible donor in relation to that donation by virtue of paragraph 26 of this Schedule;

“ relevant regulated transaction ” means a transaction which—

is a regulated transaction for the purposes of Part 4A of the 2000 Act (see section 71F of that Act), and

is entered into with a person who is an authorised participant in relation to that transaction by virtue of paragraph 10 of Schedule 2.

(6) In this paragraph—

(a) references to a donation and to the value of a donation have the same meaning as in Part 4 of the 2000 Act (see sections 50 and 53 of that Act), and

(b) references to the value of a regulated transaction have the same meaning as in Part 4A of that Act (see section 71G of that Act).

Section 29

Paragraph 1 of Schedule 15 to the 2000 Act (control of donations to permitted participants: operation and interpretation of Schedule) has effect for the purposes of the referendum as if the following sub-paragraphs were substituted for sub-paragraph (6)—

(6) In relation to donations received by a permitted participant other than a designated organisation—

(a) references to a permissible donor falling within section 54(2), and

(b) references to a person within paragraph 6(1A) of this Schedule,

do not include a registered party and do not include a political party which is not a registered party but is established in Gibraltar.

(7) 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.

Section 30

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—

(aa) any grant provided out of Gibraltar public funds;

Section 31

(1) 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.

(2) 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) ” .

(3) For the purposes of the referendum the following sub-paragraph is to be treated as inserted after sub-paragraph (1)—

(1A) The persons within this sub-paragraph are—

(a) a Gibraltar elector;

(b) a body falling within any of paragraphs (b) to (g) of section 54(2A);

(c) a body incorporated by Royal Charter which does not fall within section 54(2);

(d) a charitable incorporated organisation within the meaning of Part 11 of the Charities Act 2011 or Part 11 of the Charities Act (Northern Ireland) 2008;

(e) a Scottish charitable incorporated organisation within the meaning of Chapter 7 of Part 1 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10);

(f) a partnership constituted under the law of Scotland which carries on business in the United Kingdom.

(4) Sub-paragraph (3) has effect for those purposes as if after “exempt trust donation” there were inserted “ or exempt Gibraltar trust donation ” .

(5) Sub-paragraph (4) has effect for those purposes as if—

(a) in paragraph (a) after “exempt trust donation” there were inserted “ or exempt Gibraltar trust donation ” ,

(b) in paragraph (b)(i) after “permissible donors falling within section 54(2)” there were inserted “ or persons within sub-paragraph (1A) ” ,

(c) in paragraph (b)(ii) after “such a permissible donor” there were inserted “ or such a person ” , and

(d) after “not such a permissible donor” there were inserted “ and is not within sub-paragraph (1A) ” .

(6) For the purposes of the referendum the following sub-paragraph is to be treated as inserted after sub-paragraph (8)—

(9) 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.

Section 32

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—

(a) before paragraph (a) there were inserted—

(za) any reference in section 56 to a permissible donor is to be read as including a reference to a person within paragraph 6(1A) above;

(b) before paragraph (b) there were inserted—

(ab) section 56(2) shall have effect as if for the words from “by virtue” to the end of paragraph (b) there were substituted

by virtue of paragraph 6(1) of Schedule 15, or which it is decided that the party should for any other reason refuse, then—

(a) unless the donation falls within paragraph 6(1)(b) of Schedule 15, the donation, or a payment of an equivalent amount, must be sent back to the person who made the donation or any person appearing to be acting on his behalf, and

(b) if the donation falls within that provision, the required steps (as defined by section 57(1)) must be taken in relation to the donation,

(c) at the end of paragraph (b) there were inserted

; and

(c) section 58(1) shall have effect as if in paragraph (a) for the words from “by virtue” to “party” there were substituted “ by virtue of paragraph 6(1)(a) or (b) of Schedule 15, the party ” .

Section 33

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—

(c) any reference to a permissible donor included a person within paragraph 6(1A) above; and

(d) any reference to the treasurer of a registered party were, in relation to a permitted participant, a reference to the responsible person.

Section 34

(1) 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.

(2) 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”.

(3) For the purposes of the referendum the following sub-paragraph is to be treated as inserted after sub-paragraph (1)—

(1A) The information to be recorded in the case of a donor within any of paragraphs (c) to (f) of paragraph 6(1A) is—

(a) where the donor is a body within paragraph 6(1A)(c) (body incorporated by Royal Charter)—

(i) the name of the body, and

(ii) the address of its main office in the United Kingdom;

(b) where the donor is a body within paragraph 6(1A)(d) or (e) (charitable incorporated organisation)—

(i) the name of the body, and

(ii) the address of its principal office;

(c) where the donor is a body within paragraph 6(1A)(f) (Scottish partnership)—

(i) the name of the body, and

(ii) the address of its main office in the United Kingdom.

(4) 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.

Section 35

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)—

Full return not required if expenses do not exceed £10,000

(120A)

(1) A return under section 120 need not be made by the responsible person in relation to a permitted participant if, within 3 months beginning with the end of the referendum period, the responsible person—

(a) makes a relevant declaration, and

(b) delivers that declaration to the Commission.

(2) A “relevant declaration” is a declaration that, to the best of the responsible person's knowledge and belief, the total amount of referendum expenses incurred by or on behalf of the permitted participant during the referendum period does not exceed £10,000.

(3) If a person who is the responsible person in relation to a permitted participant knowingly or recklessly makes a false declaration under this section, that person commits an offence.

(4) A person guilty of an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding 12 months or to a fine, or to both;

(b) on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months or to a fine, or to both;

(c) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or to a fine not exceeding the statutory maximum, or to both;

(d) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or to a fine not exceeding the statutory maximum, or to both;

(e) on summary conviction in Gibraltar, to imprisonment for a term not exceeding 12 months or to a fine not exceeding level 5 on the Gibraltar standard scale, or to both.

(5) The reference in subsection (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.

(6) In subsection (4)(e) “ the Gibraltar standard scale ” means the standard scale set out in Part A of Schedule 9 to the Criminal Procedure and Evidence Act.

Section 36

(1) 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.

(2) For those purposes, the following subsection is to be treated as substituted for subsection (3)—

(3) In a case where the permitted participant either is not a registered party or is a minor party, the declaration must also, in relation to all relevant donations recorded in the return as having been accepted by the permitted participant—

(a) state that they were all from permissible donors, or

(b) state whether or not section 56(2) was complied with in the case of each of those donations that was not from a permissible donor.

(3) For the purposes of the referendum, the following subsection is to be treated as inserted after subsection (5)—

(6) In this section “ permissible donor ” includes a person within paragraph 6(1A) of Schedule 15.