The National Assembly for Wales Referendum (Assembly Act Provisions) (Limit on Referendum Expenses Etc.) Order 2010

• Citation: S.I. 2010/2985
• Sections: 5

Section 1 Citation, commencement and application

(1) This Order may be cited as the National Assembly for Wales Referendum (Assembly Act Provisions) (Limit on Referendum Expenses Etc.) Order 2010.

(2) This Order comes into force on the day after the day on which it is made.

(3) This Order applies in relation to the Welsh referendum.

Section 2 Interpretation

In this Order —

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

“ the Assembly ” means the National Assembly for Wales as constituted by section 1 of the Government of Wales Act 2006;

“constituency vote” and “electoral region vote” have the same meaning as section 6 of the Government of Wales Act 2006;

“a designated organisation” is a permitted participant designated in accordance with section 108(1) of the 2000 Act;

“the Welsh referendum” means the referendum held under section 103 of the Government of Wales Act 2006 in accordance with the National Assembly for Wales Referendum (Assembly Act Provisions) (Referendum Question, Date of Referendum Etc.) Order 2010 .

Section 3 Variation of registration periods for permitted participants

Section 109(2)(b) and (3) of the 2000 Act has effect in relation to the Welsh referendum as if for the period of “28 days” there were substituted in each place “35 days”.

Section 4 Limit on referendum expenses by permitted participants

(1) The limit on referendum expenses incurred during the referendum period by or on behalf of a permitted participant described in column 1 of the Table below is the amount specified in the corresponding entry in column 2 of that Table.

(1) Permitted participant

(2) Limit (£)

(2) For the purposes of this paragraph—

(a) a registered political party has a relevant percentage in relation to the Welsh referendum if, at the Assembly general election held in 2007 (the 2007 election), constituency votes were cast for one or more candidates at the election authorised to use the party’s registered name and electoral region votes were cast for the registered political party; and

(b) the amount of the relevant percentage is equal to the sum of—

(i) the total constituency vote cast for the candidate or candidates mentioned in (a) in the 2007 election as a percentage of the total number of constituency votes cast in that election, multiplied by two thirds, and

(ii) the total electoral region votes cast for a registered political party in the 2007 election as a percentage of the total number of electoral region votes cast in that election for any registered political party, multiplied by one third.

Section 5 Referendum expenses: exclusions

Schedule 13 to the 2000 Act has effect in relation to the Welsh referendum as if after paragraph 2 there were inserted—

Expenses incurred in respect of the publication of any matter relating to the Welsh referendum other than an advertisement in —

(a) a newspaper or periodical,

(b) a broadcast made by the British Broadcasting Corporation or Sianel Pedwar Cymru, or

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

are not referendum expenses for the purposes of Part 7 of this Act.