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| Schedule 1, page 14, line 38, at end insert— |
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| | “Declaration where no referendum expenses incurred in referendum period |
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| | 21A | For the purposes of the referendum, the following section is to be treated as |
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| | inserted after section 124 of the 2000 Act— |
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| | “124A | Declaration where no expenses in referendum period |
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| | (1) | Subsection (2) applies where, in relation to a referendum to which this |
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| | (a) | a permitted participant incurs no referendum expenses during |
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| | the referendum period (and no such expenses are incurred on |
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| | behalf of that participant during that period), and |
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| | (b) | accordingly, the responsible person in relation to the |
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| | permitted participant is not required to make a return under |
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| | section 120 or a declaration under section 120A. |
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| | (2) | The responsible person must, within 3 months beginning with the end |
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| | of the referendum period— |
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| | (a) | make a declaration under this section, and |
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| | (b) | deliver that declaration to the Commission. |
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| | (3) | A declaration under this section is a declaration that no referendum |
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| | expenses were incurred by or on behalf of the permitted participant |
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| | during the referendum period. |
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| | (4) | The responsible person commits an offence if, without reasonable |
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| | excuse, that person fails to comply with the requirements of subsection |
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| | (5) | If a person who is the responsible person in relation to a permitted |
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| | participant knowingly or recklessly makes a false declaration in |
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| | purported compliance with the requirement in subsection (2)(a), that |
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| | person commits an offence. |
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| | (6) | A person guilty of an offence under subsection (4) is liable— |
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| | (a) | on summary conviction in England and Wales, to a fine; |
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| | (b) | on summary conviction in Scotland or Northern Ireland, to a |
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| | fine not exceeding level 5 on the standard scale; |
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| | (c) | on summary conviction in Gibraltar, to a fine not exceeding |
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| | level 5 on the Gibraltar standard scale. |
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| | (7) | A person guilty of an offence under subsection (5) is liable— |
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| | (a) | on conviction on indictment, to imprisonment for a term not |
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| | exceeding 12 months or to a fine, or to both; |
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| | (b) | on summary conviction in England and Wales, to |
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| | imprisonment for a term not exceeding 12 months or to a fine, |
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| | (c) | on summary conviction in Scotland, to imprisonment for a |
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| | term not exceeding 12 months or to a fine not exceeding the |
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| | statutory maximum, or to both; |
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| | (d) | on summary conviction in Northern Ireland, to imprisonment |
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| | for a term not exceeding 6 months or to a fine not exceeding |
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| | the statutory maximum, or to both; |
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| | (e) | on summary conviction in Gibraltar, to imprisonment for a |
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| | term not exceeding 12 months or to a fine not exceeding level |
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| | 5 on the Gibraltar standard scale, or to both. |
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| | (8) | The reference in subsection (7)(b) to 12 months is to be read as a |
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| | reference to 6 months in relation to an offence committed before the |
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| | commencement of section 154(1) of the Criminal Justice Act 2003. |
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| | (9) | In this section “the Gibraltar standard scale” means the standard scale |
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| | set out in Part A of Schedule 9 to the Criminal Procedure and Evidence |
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| | (10) | Schedule 19C (civil sanctions), and any order under Part 5 of that |
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| | Schedule, have effect as if the offence under subsection (4) of this |
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| | section were an offence prescribed in an order under that Part.”” |
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| | Member’s explanatory statement
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| | This amendment requires permitted participants who do not incur referendum expenses to submit |
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| | a declaration of that fact to the Electoral Commission within three months of the end of the |
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| Schedule 1, page 17, line 37, leave out paragraph 25 and insert— |
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| | “25(1) | Section 125 of the 2000 Act (restriction of publication etc of promotional |
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| | material by central and local government etc) applies in relation to the |
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| | referendum during the referendum period with the following modification. |
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| | (2) | Section 125(2)(a) of the 2000 Act has effect for the purposes of the referendum |
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| | as if, after “Crown”, there were inserted “including ministers in the Scottish |
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| | Government, the Welsh Government, the Northern Ireland Executive and Her |
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| | Majesty‘s Government of Gibraltar”.” |
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| | Member’s explanatory statement
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| | The purpose of the amendment is to apply the “purdah” arrangements that govern ministerial and |
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| | official announcements, visits and publicity during general elections to the campaign period |
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| CLAUSE 2; NEW CLAUSES AND NEW SCHEDULES RELATING TO THE SUBJECT MATTER |
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| OF CLAUSE 2; CLAUSE 5; NEW CLAUSES AND NEW SCHEDULES RELATING TO THE |
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| SUBJECT MATTER OF CLAUSE 5 |
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| Clause 2, page 1, line 15, leave out from “electors” to the end of line 12 on page 2 |
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| | | “at a local government election in any electoral area in Great Britain, or |
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| | (b) | the persons who, on the date of the referendum, would be entitled to vote |
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| | as electors at a local government election in any electoral area in |
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| | Member’s explanatory statement
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| | This amendment extends the franchise in the referendum to EU nationals resident in the United |
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| Clause 2, page 1, line 17, at end insert “and persons who would be so entitled |
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| except for the fact that they will be aged 16 or 17 on the date on which the referendum is |
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| | Member’s explanatory statement
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| | The amendment would entitle British citizens, qualifying Commonwealth citizens and citizens of |
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| | the Republic of Ireland aged 16 and 17 to vote in the referendum. |
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| Clause 2, page 2, line 9, after “Commonwealth citizens”, insert “or citizens of the |
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| Clause 2, page 2, line 12, at end insert “and persons who would be so entitled |
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| except for the fact that they will be aged 16 or 17 on the date on which the referendum is |
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| | Member’s explanatory statement
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| | The amendment would entitle Commonwealth citizens aged 16 and 17 who would be entitled to |
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| | vote in Gibraltar for elections to the European Parliament to vote in the referendum. |
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| Clause 2, page 2, line 16, at end add— |
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| | “(3) | A person is entitled to vote in the referendum if, on the date on which the poll at |
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| | the referendum is held, the person is aged 16 or over and registered in— |
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| | (a) | the register of local government electors, or |
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| | (b) | the register of young voters maintained under section (Register of young |
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| | voters) for any such area.” |
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| | Member’s explanatory statement
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| | This amendment extends the franchise in the referendum to 16 and 17 year olds. |
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| clauses 4 and 6 to 11; remaining new clauses; remaining new schedules; |
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| remaining proceedings on the bill |
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| Clause 4, page 2, line 39, leave out subsection (2) and insert— |
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| | “(2) | The referendum shall not be held on the same day as: |
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| | (a) | elections to the Scottish Parliament; |
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| | (b) | elections to the National Assembly for Wales; |
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| | (c) | elections for the Mayor of London; or |
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| | (d) | local authority elections”. |
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| | Member’s explanatory statement
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| | The amendment would prevent the referendum being held on the same day as Scottish Parliament, |
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| | National Assembly for Wales, London mayoral or local authority elections. |
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| Clause 4, page 2, line 39, leave out subsection (2) and insert— |
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| | “(2) | The referendum shall not be held on the same day as elections, other than by- |
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| | elections, that are scheduled to take place for: |
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| | (a) | the Scottish Parliament; |
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| | (b) | the National Assembly for Wales; |
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| | (c) | the Northern Ireland Assembly; |
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| | (d) | the Gibraltar Parliament; |
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| | (e) | Police and Crime Commissioners in England and Wales; |
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| | (f) | the London Assembly and Mayor of London; or |
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| | (g) | local authorities and mayors in the United Kingdom and Gibraltar.” |
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| | Member’s explanatory statement
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| | The purpose of the amendment is to ensure that the referendum is not held on the same day as other |
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| Clause 6, page 3, line 37, at end add— |
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| | “(5) | Regulations made under this Act or the 2000 Act in respect of the referendum |
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| | must be made and come into force not less than six months before the start of the |
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| | Member’s explanatory statement
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| | The purpose of the amendment is to ensure the legislative framework for the referendum is clear |
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| | at least six months before it is required to be implemented or complied with. |
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| Clause 8, page 4, line 15, at end insert ““Commonwealth citizens” does not include |
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| citizens of any country which has terminated its membership of the Commonwealth or |
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| which has been wholly or partly suspended from the Councils of the Commonwealth by |
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| the Commonwealth Ministerial Action Group.” |
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| To move the following Clause— |
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| | | “Impartiality of broadcasters |
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| | (1) | Notwithstanding any enactment or legal instrument, before the start of the |
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| | referendum period the Secretary of State shall by regulations make provision to |
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| | ensure the impartiality of broadcasters during the referendum period. |
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| | (2) | Regulations made under this section must include provision for the appointment |
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| | by the Secretary of State of a referendum broadcasting adjudicator. |
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| | (3) | Regulations made under this section must require the referendum broadcasting |
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| | (a) | to draw up and publish guidance applicable to the referendum to ensure |
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| | the impartiality of broadcasters during the referendum period, |
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| | notwithstanding any relevant guidance currently in force or in draft; and |
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| | (b) | to make arrangements by which an allegations of breach of the guidance |
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| | on impartiality can be referred to and determined by the adjudicator and |
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| | where an allegation, in the adjudicator’s view, is vexatious or frivolous |
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| | to dismiss the allegation. |
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| | (4) | Guidance published under subsection (3)(a) shall apply to— |
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| | (a) | the holder of a licence under the Broadcasting Act 1990 or 1996 and |
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| | (b) | the British Broadcasting Corporation. |
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| | (5) | Regulations made under this section shall require the referendum broadcasting |
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| | adjudicator within one day of receipt of an allegation that a broadcaster has |
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| | breached the guidance on impartiality to determine whether the guidance has |
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| | been breached and publish its determination and, where a breach has taken place, |
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| | to require the broadcaster to remedy the breach within one day. |
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| | (6) | Regulations made under this section are to be made by statutory instrument which |
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| | is subject to annulment in pursuance of a resolution of either House of Parliament. |
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| | Member’s explanatory statement
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| | The intention of this amendment is to ensure impartiality of television and radio broadcasters |
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| | during the referendum campaign and to allow for swift adjudication where an allegation of bias is |
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| To move the following Clause— |
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| | | “Restriction on publications etc |
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| | (1) | This section applies to any material, which— |
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| | (a) | provides general information about the referendum, |
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| | (b) | deals with any of the issues raised by the referendum question, |
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| | (c) | puts any arguments for or against any outcome, or |
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| | (d) | is designed to encourage voting at the referendum. |
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| | (2) | Subject to subsection (3), no material to which this section applies is to be |
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| | published during the relevant period by or on behalf of— |
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| | (b) | the House of Commons or House of Lords, |
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| | (c) | the devolved administrations, |
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| | (f) | the European Commission and European Parliament. |
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| | (3) | Sub-paragraph (2) does not apply to— |
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| | (a) | existing material made available to persons in response to specific |
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| | requests for information or to persons specifically seeking access to it, or |
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| | (b) | anything done by or on behalf of— |
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| | (i) | a designated organisation, |
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| | (ii) | the Electoral Commission, or |
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| | (c) | the Chief Counting Officer or any other counting officer, or |
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| | (d) | the publication of information relating to the holding of the poll. |
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| | “publish” means make available to the public at large, or any section of the |
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| | public, in whatever form and by whatever means (and “publication” is to |
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| | be construed accordingly), |
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| | “the relevant period” means the period of 28 days ending with the date of |
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| | (a) | A breach of the rules set out in this section, will be an offence. |
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| | (b) | A person guilty of an offence under this section, is liable— |
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| | (i) | on conviction on indictment, to a fine; |
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| | (ii) | on summary conviction in England and Wales, to a fine; |
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| | (iii) | on summary conviction in Scotland or Northern Ireland, to a fine |
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| | not exceeding the statutory maximum; |
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