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| Schedule 1, page 12, line 38, at end add— |
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| | “( ) | Nothing in this Schedule alters the law governing charitable organisations in any |
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| | part of the United Kingdom to confer an entitlement to make a donation during a |
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| | referendum which would not have been permissible prior to the coming into force |
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| Schedule 1, page 13, line 6, leave out “any of the paragraphs (c) to (f)” and insert |
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| Schedule 1, page 13, line 6, leave out “(f)” and insert “(e)” |
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| Schedule 1, page 13, line 6, leave out “(f)” and insert “(d)” |
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| Schedule 1, page 13, line 10, leave out “any of the paragraphs (c) to (f)” and insert |
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| Schedule 1, page 13, line 11, leave out “(f)” and insert “(e)” |
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| Schedule 1, page 13, line 11, leave out “(f)” and insert “(d)” |
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| Schedule 1, page 13, leave out lines 12 to 16 |
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| Schedule 1, page 13, leave out lines 12 to 22 |
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| Schedule 1, page 13, leave out lines 17 to 20 |
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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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5 | | (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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| | As Amendments to Sir William Cash’s proposed Amendment (No. 11):— |
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| Line 4, leave out “modification” and insert “modifications” |
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| | “(3) | Section 125(2) of the 2000 Act has effect for the purposes of the referendum with |
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| | the addition of subsection— |
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| | “(e) | advocacy on any issue having a bearing on the outcome of the |
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| | Member’s explanatory statement
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| | The purpose of the amendment is to ensure that the “purdah” arrangements that govern |
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| | ministerial and official announcements, visits and publicity include spending money on advocacy. |
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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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| | (iv) | on summary conviction in Gibraltar, to a fine note exceeding |
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| | level 5 on the Gibraltar standard scale.” |
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| | Member’s explanatory statement
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| | The New Clause prescribes a period of “purdah” in the four weeks before the referendum. |
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| | To move the following Clause— |
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| | | “Referendum Fairness Board |
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| | (1) | There shall be a committee of privy counsellors, to be called the Referendum |
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| | Fairness Board, whose duty is to consider any alleged breach of section |
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| | (Restriction on publications etc) which comes attention of any of its members. |
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| | (2) | Each of the following presiding officers for the time being may appoint any privy |
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| | counsellor as a member of the board— |
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| | (a) | the Speaker of the House of Commons, |
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| | (c) | the Presiding Officer of the Scottish Parliament, |
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| | (d) | the Speaker of the Northern Ireland Assembly, or |
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| | (e) | the Presiding Officer of the National Assembly for Wales. |
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| | (3) | The Board shall prescribe its own rules of procedure, which must include |
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| | (a) | instituting legal action to interdict or injunct any further breach or |
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| | repetition of an alleged breach, and |
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| | (b) | drawing to the attention of the relevant prosecuting authority any serious |
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| | or continuing breach of section (Restriction on publications etc).” |
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| | Member’s explanatory statement
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| | The New Clause provides for swift enforcement of the “purdah” rules which would apply under |
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| | the linked New Clause in the four weeks leading up to the referendum. |
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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 16, leave out “parliamentary” and insert “local government” |
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| | Member’s explanatory statement
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| | The amendment would allow citizens of all countries of the European Union living in the UK and |
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| | Gibraltar to vote in the referendum. |
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| Clause 2, page 1, line 17, 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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| Clause 2, page 2, line 16, at end add— |
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| | “(3) | Notwithstanding the provisions of the Representation of the People Act 1983, as |
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| | amended, or of any other statute, a British citizen resident overseas in a country |
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| | within the European Union will be eligible: |
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| | (a) | to register to vote and |
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| | (b) | to vote in the referendum |
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| | | irrespective of the length of time that the citizen has been resident overseas.” |
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| | Member’s explanatory statement
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| | The amendment would entitle British citizens living in any country in the European Union to vote |
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| | in the referendum irrespective of the time they have been resident overseas. |
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