European Union (Referendum) Bill (HC Bill 15)

A

BILL

TO

Make provision for the holding of a referendum in the United Kingdom and
Gibraltar on the United Kingdom's membership of the European Union.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Referendum on the United Kingdom’s membership of the European Union

(1) A referendum is to be held on the United Kingdom’s membership of the
European Union.

(2) The referendum must be held before 31 December 2017.

(3) 5The Secretary of State shall by order, and before 31 December 2016, appoint the
day on which the referendum is to be held.

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

Do you think that the United Kingdom should
be a member of the European Union?

(5) 10In Wales, a Welsh version of the question is also to appear on the ballot papers,
as provided by order.

(6) An order under this section shall be made by statutory instrument and may not
be made unless a draft of the order has been laid before, and approved by a
resolution of, each House of Parliament.

2 15Entitlement to vote in the referendum

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
20from voting as electors at parliamentary elections, and

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(c) Commonwealth citizens 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.

3 5Conduct of the referendum and further provisions

(1) The Electoral Commission shall publish a report setting out its
recommendations for the rules in accordance with which the referendum is to
be conducted, further provisions about the referendum and the application to
the referendum of provisions relevant to elections.

(2) 10The Secretary of State, having regard to the report under subsection (1), shall
by order provide for the rules in accordance with which the referendum is to
be conducted.

(3) The Secretary of State may by order give effect to further provisions about the
referendum and the application to the referendum of provisions relevant to
15elections as recommended by the Electoral Commission.

(4) An order under this section shall be made by statutory instrument and may not
be made unless a draft of the order has been laid before, and approved by a
resolution of, each House of Parliament.

4 Gibraltar

(1) 20An order under section 3(2) or (3) which extends to Gibraltar may—

(a) provide for conduct to constitute a criminal offence under the law of
Gibraltar;

(b) extend and apply to Gibraltar, with or without modification, the
provisions of any enactment relating to referendums or elections;

(c) 25modify any such enactment so far as it has effect in relation to any part
of the United Kingdom;

(d) modify or apply or incorporate, with or without modification, the
provisions of any legislation in force in Gibraltar relating to elections,
or referendums.

(2) 30The capacity of the Gibraltar legislature to make law in relation to any matter
in relation to which provision may be made under section 3 is not affected by
the existence of the power conferred by that section.

(3) Subsection (2) is not to be regarded as restricting the operation in relation to
law made by the Gibraltar legislature of the Colonial Laws Validity Act 1865
35(under which colonial laws are void if repugnant to provision made under an
Act of Parliament).

(4) “Enactment”, and “modification” have the same meaning as in the Political
Parties, Elections and Referendums Act 2000 (see section 160(1) of that Act).

5 Expenditure

40There shall be paid out of money provided by Parliament—

(a) any expenditure of the Secretary of State in consequence of this Act, and

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

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6 Extent and short title

(1) This Act extends to—

(a) England and Wales, Scotland and Northern Ireland; and

(b) Gibraltar.

(2) 5This Act may be cited as the European Union (Referendum) Act 2014.